www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JUNE 21, 2023 - 6:00 PM
Live stream on YouTube at:
.............................................................. https://www.youtube.com/@losbanos406 ............................................................... .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. = ........................................................................................................................................................................................................................................................................................... = ··•·········•·····•··· •································································································· ····································· ················································ ...................................................................... .
Any writings or documents provided to a majority of the City Council : regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfcu/o en este orden de/ dfa sera hecho disponible para la inspecci6n pub/ica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
1. CALL TO ORDER - June 21, 2023
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
Paul Llanez - Mayor
Los Banos City Council Agenda - June 21, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
1 4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificate of Recognition - Dutch Bros Donation.
B. Certificate of Recognition -Arco AM/PM - Recycler of the Year 2022.
C. Certificate of Recognition - Employee of the Month for May 2023 - Christy McCammond, Housing Program Manager.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #239164 - #239347 in the Amount of $1,155,889.84.
Recommendation: Approve the check register as submitted.
B. Measure P Oversight Committee Report.
Recommendation: Accept the report as submitted.
C. City Council Resolution No. 6651 -Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6652 - Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6653 - Approving the Project Reimbursement Agreement for Traffic Improvements between the City of Los Banos and the Los Banos Unified School district for the Intersection Improvements at Place Road and East B Street in the Amount of $1,061,705.97.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - June 21, 2023 Page 2 of4 pg. 5
pg. 6
pg. 7
pgs. 9-12
pgs. 13-20
pgs. 21-28
pgs. 29-138
pgs. 139-162
2 F. City Council Resolution No. 6654 - Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard.
Recommendation: Adopt the resolution as submitted.
8. LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) ANNUAL REPORT.
Recommendation: Receive staff report and approve report as submitted.
9. CONSIDERATION OF ELECTION TO BECOME SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY.
A. City Council Resolution No. 6655 - Electing to Serve as the Successor Agency of the Redevelopment Agency of the City of Los Banos Pursuant to Health and Safety Code Section 34173.
Recommendation: Receive staff report and approve the resolution as submitted.
10. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the Appropriation Limitation for the 2023-2024 Fiscal Year (FY). (Continued from June 7, 2023)
1) City Council Resolution No. 6656 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2023-2024 FY.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, select population and inflation option, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of the 2023- 2024 Fiscal Year (FY) Budget. (Continued from June 7, 2023) 1) City Council Resolution No. 6657 - Adopting the 2023-2024 FY Budget, Including Updates to Division 4, Employee Salary Schedule and Division 1, General of the Los Banos Policies & Procedures Manual.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted. 11 . ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - June 21, 2023 Page 3of4 pgs. 163-184
pgs. 185-202
pgs. 203-208
pgs. 209-220
pgs. 221-550
pgs. 551-553
3 12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
14. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis - District 4
B. Kenneth Lambert - District 1
C. Douglas Begonia, Jr. - District 2
D. Brett Jones - District 3
E. Paul Llanez - Mayor
15. ADJOURNMENT.
c: I hereby certify under penalty of perjury under the laws of the State of California that the foregoing i'.~lletin boar<l not less than 72 hours prior to the meeting.
Lucille L. Mallonee City Clerk Dated this 16th day of June 2023 Los Banos City Council Agenda - June 21, 2023 Page 4 of4 4 CERTIFICATE OF APPRECIATION
Presentea 'To
Dutch Bros
Los Banos
In appreciation for tlie aonation of $4,543 to youtli recreationa{ sports programs in tlie City of Los (J3anos.
<Pau{ £Canez, ?rfayor
(J)atecf: June 21, 2023
LOsBanos
At the Crossroads of California
ITEM 5A
5 CERTIFICATE OF RECOGNITION
Presented CJ'o
Arco AM/ PM
Los Banos
In recognition of 6eing named"~cycferojthe <Year for 2022':Joradopting a[[S<B1383 requirements, 6eing an active participant in separating their waste materiafs, and for assisting the City of Los <Banos in meeting cfiversion goafs. <Pau{ £Canez, :Mayor
(l)ated: June 21, 2023
LOsBanos
Al the Crossn1ads of California
ITEM 5B
6 CERTIFICATE OF RECOGNffiO.l\T
Presented rro
CHRISTY MCCAMMOND
Housing Program Manager - Community & Economic
Development Department
In recognition of your outstanding petformance
and dedicated service to tfie City of Los <Banos and
for 6eing named "P,mpfoyee of tfie :Montfi "for :May 2023. <Pau{ Lfanez, :Mayor
<Datea: June 21, 2023
LOsBanos
At the Crossroads of Calif()rnia
ITEM 5C
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CK# 239164 - # 239347 06/21/2023 $1,155,889.84
Check Report LOsBanos
Check by Date
Ar _-., .' :;·-1:-.:·,1·.:t~f•::,,·;t.w: -·~
Check No Check Date Vendor Name Payment Type Void Amount 239171 6/2/2023 Alhambra Regular 49.94
239172 6/2/2023 AAA Business Supplies Regular 79.12
239173 6/2/2023 AMS Consulting Regular 23,025.00
239174 6/2/2023 Aramark Unifonn Ser Inc Regular 752.47
239175 6/2/2023 BJ's Consumers Choice Pest Control Inc. Regular 160.00 239176 6/2/2023 Bound Tree medical LLC Regular 78.80
239177 6/2/2023 BSK Associates Regular 580.00
239178 6/2/2023 Capital One Regular 533.51
239179 6/2/2023 Manuel A Avila Regular 515.18
239180 6/2/2023 Clark Pest Control Inc Regular 108.00
239181 6/2/2023 Comcast Regular 108.16
239182 6/2/2023 Copy Shipping Solutions Regular 391.43
239183 6/2/2023 Claudia Corchado Regular 350.00
239184 6/2/2023 Dos Palos Publishing Company Regular 170.00 239185 6/2/2023 Federal Express Corporation Regular 28.37 239186 6/2/2023 Government Revenue Solutions Holdings I, LLC Regular 9,304.81 239187 6/2/2023 Home Depot Regular 6,396.52
239191 6/2/2023 Ingraham Trophies Regular 89.42
239192 6/2/2023 Killingsworth Gear Regular 12,000.69
239193 6/2/2023 Lucas Business Systems Regular 188.84
239194 6/2/2023 Mark Thomas & company. Inc. Regular 12,281.00 239195 6/2/2023 Martin Marietta Materials, Inc. Regular 682.06 239196 6/2/2023 Madera Uniform & Accessories Regular 1,324.36 239197 6/2/2023 O'Dell Engineering Regular 10,345.00
239198 6/2/2023 OSE Regular 13.64
239199 6/2/2023 PAQinc Regular 280.79
239200 6/2/2023 Martha Perez, Veronica Ortiz Regular 45.00 239201 6/2/2023 Provost and Pritchard Engineering, Inc. Regular 16,795.64 239202 6/2/2023 Purchase Power Inc Regular 3,050.44
239203 6/2/2023 Sherwin Williams Co Regular 186.83
239204 6/2/2023 Sorensens True Value Regular 1,718.06
239205 6/2/2023 Superior Pool Products, LLC Regular 18,314.50 239206 6/2/2023 Tyler Technologies, Inc. Regular 11,265.00 239207 6/2/2023 USA Blue Book Regular 265.03
239208 6/2/2023 Verizon Wireless Regular 114.03
239209 6/2/2023 Westside Water Conditioning Regular 76.40 239210 6/2/2023 Windecker Inc Regular 9,980.18
239211 6/2/2023 Young's Air Conditioning Regular 1,641.66 239212 6/2/2023 Victor Arellano Regular 63.67
239213 6/2/2023 Kevork and Zepur Azarian Regular 118.23 239214 6/2/2023 Kurt Baugher Regular 75.86
239215 6/2/2023 Blossom Valley Realty, JR Souza Regular 154.20 239216 6/2/2023 Breckenridge Property Fund 2016 LLC Regular 4.01 239217 6/2/2023 Century Communities Regular 160.47
239218 6/2/2023 Century Communities Regular 156.51
239219 6/2/2023 Salvador Contreras Regular 56.07
239220 6/2/2023 Craig & Craig Prof. Services, Gina Regular 5.89 239221 6/2/2023 Edgar David Regular 59.35
239222 6/2/2023 Steven Gallichio Regular 108.42
239223 6/2/2023 Arternio Gonzalez Reyes Regular 69.16
239224 6/2/2023 Rory Hostetler Regular 69.82
239225 6/2/2023 Bill And Linda Liu Regular 78.98
239226 6/2/2023 Meritage Homes Regular 165.21
ITEM 7A
9 239227 6/2/2023 Meritage Homes Regular 126.87
239228 6/2/2023 Meritage Homes Regular 182.61
239229 6/2/2023 Meritage Homes Regular 179
.44
239230 6/2/2023 Meritage Homes Regular 168.37
239231 6/2/2023 MHP Builders Inc Regular 178.65
239232 6/2/2023 Canh Thi Phong Nguyen Regular 20.10
239233 6/2/2023 Jesus Nunez Regular 16.82
239234 6/2/2023 Armando Perez Regular 101.87
239235 6/2/2023 Marjorie Raudez Regular 85.51
239236 6/2/2023 RBG Construction Regular 173.12
239237 6/2/2023 Jose Rivera Lopez Regular 5.14
239238 6/2/2023 Martha Sanchez Regular 62.62
239239 6/2/2023 W esthill Property Mgmt Regular 111.68
239240 6/2/2023 Aflac-Customer Service Regular 270
.18
239241 6/2/2023 AFSCME District Council 57 Regular 1,614.02 239242 6/2/2023 Rachelle Ciuffo Regular 601.82
239243 6/2/2023 City of Los Banos Utility Regular 17
,677.49
239244
6/2/2023 Empower Annuity Ins. Co of America Regular 1,067.41 239245 6/2/2023 Empower Annuity Ins. Co of America Regular 1,990.00 239246
6/2/2023 Tori D. Gonzalez Regular 5,000
.00
239247 6/2/2023 Los Banos Fitness & Racquet Club Regular 240.00 239248 6/2/2023 Los Banos Police Assn Regular 280.00
239249 6/2/2023 Los Banos Police Assn Regular 840.00
239250 6/2/2023 Crystal Martinez Regular 12
,100.00
239251 6/2/2023 Merced County Auditor Controller Regular 1,000.00 239252 6/2/2023 Merced County Sheriff Regular 200.00
239253 6/2/2023 MissionSquare Regular 441.65
239254 6/2/2023 Mission Square Regular
8,775.00
239255 6/2/2023 Sarah Orozco Regular 20.00
239256 6/2/2023 Nationwide Retirement Solutions Regular 5,448.33 239257 6/2/2023 Premier Access Insurance Co. Regular 21 ,716.77
239258 6/2/2023 Professional Fire Fighter of Los Banos Local 471 Regular 900.00 239259 6/2/2023 State Disbursement Unit Regular 912.50
239260 6/2/2023 Sun Life Financial Regular
7,180.56
239261
6/2/2023 US Bank Corp Pymt System Regular 45,601.72
239262 6/2/2023 Ronny's Inc. Regular 45,581.88
239265 6/2/2023 Ronny
's Inc. Regular 72
,861.53
239268 6/2/2023 Ronny's Inc. Regular
9,525.46
239272 6/9/2023 Miguel Ak,jandre Regular 20,000.00
239273 6/9/2023 Merced County Clerk Regular 50.00
239274 6/9/2023 Patricia Reyes Regular 20,000.00
239275 6/9/2023 Maria Lou Vierra Regular 15,000.00
239276
6/9/2023 Ray Lewis Walton Regular
7,500.00
239277 6/9/2023 Ad Art, Inc. Regular
1,620.00
239278
6/9/2023 Kasey Alim Regular 80
.00
239279 6/9/2023 Rebecca Allen Regular 10.00
239280 6/9/2023 Gregory Almeida Regular 65.25
239281
6/9/2023 Always Rescue Plumbing Inc Regular 500
.00
239282
6/9/2023 Anthony Gomes Regular 413.10
239283 6/9/2023 Aramark Uniform Ser Inc Regular 267.52
239284 6/9/2023 AramarkUniform & Career Apparel Group, Inc. Regular 300.74 239285 6/9/2023 AT&T Regular 224.48
239286 6/9/2023 Dorothy June Baker Regular 35.00
239287 6/9/2023 Sara Blevins Regular 300
.00
239288 6/9/2023 Michael George Bonillas Regular 1,300.00 239289 6/9/2023 Borelli Real Estate Service, Inc. Regular 90.00 239290 6/9
/2023 Bound Tree medical LLC Regular 96.94
239291 6/9/2023 Brinks Inc. Regular 759.24
239292 6/9/2023 Bruce's Tire Inc Regular
1,497.54
239293 6/9/2023 BSK Associates Regular 74.00
239294 6/9/2023 Grady Cantrell Regular 811.40
239295 6/9/2023 Cascade Fire Equipment Company Regular 44 ,143.79
239296 6/9/2023 Cavenaugh & Associates Regular 4,900.00 239297 6/9/2023 CDTF A California Dept. of Tax & Fee Regular 789.00 239298 6/9/2023 CENCAL Machine & Fabrication Inc. Regular 133.37 10 239299 6/9/2023 Justin Chuvichien Regular 2,513.88
239300 6/9/2023 Central Valley Concrete Inc. Regular 2,244.60 239301 6/9/2023 Coffee Break Service Inc. Regular 172.40 239302 6/9/2023 Cook's Communications Corp. Regular 423,249.61 239303 6/9/2023 CSG Consultants Inc. Regular 27,547.45
239304 6/9/2023 LN Curtis & Sons Regular 9,414
.93
239305 6/9/2023 Dogteampro, Inc Regular 797.00
239306 6/9/2023 Double D Towing, LLC Regular 130.00
239307 6/9/2023 Downstream Aviation LP Regular 1,287.42 239308 6/9/2023 Employee Relations, Inc. Regular 50.00
239309 6/9/2023 The ABY MFG Group. Inc. Regular 701.13
239310 6/9/2023 F S Rod Inc Regular 450.00
239311 6/9/2023 Fast Track Car Wash Regular 567
.00
239312 6/9/2023 Fehr & Peers Regular 870.00
239313 6/9/2023 Foster Bros Security Systems Inc. Regular 2,911.72 239314 6/9/2023 Galls Inc Regular 176.34
239315 6/9/2023 Granite Construction Inc Regular 3,798.71 239316 6/9/2023 Miriam Gutierrez Regular 600.00
239317 6/9/2023 Hach Company Regular 1,109.71
239318 6/9/2023 Halcyon Creek Inc. Regular 384.99
239319 6/9/2023 Henley Pacific, LLC Regular 403.14
239320 6/9/2023 Kalmikov Enterprises, Inc Regular 1,476.88 239321 6/9/2023 Lucas Business Systems Regular 1,738.09 239322 6/9/2023 Marfab Inc Regular 251.95
239323 6/9/2023 Monterey Auto Services Inc. Regular 90.00 239324 6/9/2023 Maria Solorzano Morales Regular 74.75
239325 6/9
/2023 Napa Auto Parts of Los Banos Regular 201.62
239326 6/9/2023 NDN International LLC Regular 7,939.37
239327 6/9/2023 O'Reilly Auto Parts Regular 11,509.29
239328 6/9/2023 PG&E Company Regular 9,587.97
239329 6/9/2023 Pace Supply Corp. Regular 11,275.89
239330 6/9/2023 Safeguard Business System, Inc. Regular 2,762.85 239331 6/9/2023 Safe T Lite of Modesto, Inc. Regular 1,438.15 239332 6/9/2023 Save Mart Supermarkets Regular 159.59
239333 6/9/2023 Shred-It US N LLC Regular 806.11
239334 6/9/2023 Robert & Susan Hansen Regular 141.38
239335 6/9/2023 Sorensens True Value Regular 776.77
239336 6/9/2023 Stommel, Inc. Regular 54,870.56
239337 6/9/2023 Swan Pool Regular 580.75
239338 6/9/2023 Thirkettle Corporation Regular 1,082.91 239339 6/9/2023 Samantha Alison Tova Regular 207.50
239340 6/9/2023 Traffic Logix Corp. Regular 10,570.49
239341 6/9/2023 Triangle Rock Products Regular 467.03
239342 6/9/2023 Tyler Technologies, Inc. Regular 181.25 239343 6/9/2023 Siosiua Tuitupou Regular 250.00
239344 6/9/2023 Verizon Wireless Regular 1,719.46
239345 6/9/2023 Windecker Inc Regular 24,241.73
239346 6/9/2023 Young's Air Conditioning Regular 1,350.00 239347 6/9/2023 Youth Evolution Activites Regular 1,901.25 Break in check seauence due to the following:
Check #239164 - #239170 (Payroll) Payment Type Payment
Check #239188 - #239190 (Manual Void) Regular Checks 167 1,155,889.84 Check #239263 - #239264 (Manual Void) Manual Checks 0 0.00 Check #239266 - #239267 (Manual Void) Voided Checks 0 0.00 Check #239269 (Manual Void) 167 1,155,889.84
Check #239270 - #239271 (Payroll)
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12 ITEM 7B
13 14
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 17
18 19
THIS PAGE IS INTENTIONALLY LEFT BLANK
20 LOsBanos
I . the C:ossroacl~ ) .alifc
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ~ June 21, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Fourth of July Celebration Special Event Fee Waiver Recommendation:
Staff is requesting the City Council adopt a Resolution amending Resolution 5865 regarding waiver or partial waiver of Departmental Service Charges relative to Special Events to include the Fourth of July Celebration as an exempt event.
Background:
The Los Banos Downtown Association has held a Fourth of July Celebration each year since 2021. These events have been well attended by the community and have consisted of live music, food and drink vendors, arts and craft vendors, and a firework show at the end of the night.
City Council Resolution 5865 establishes a policy regarding waiver or partial waiver of departmental service charges relative to Special Events. The purpose of the policy was to set the criteria for consideration of a waiver or partial waiver of departmental service charges. The purpose of departmental service charges is to recoup City costs while being mindful of not unduly impacting the viability of special events. The policy establishes the following criteria and is only applicable for special events such as parades, or similar major events:
1 ITEM 7C
21 • Not for profrt organization serving primarily the citizens of Los Banos with tax exempt status
• Open to public free of charge
• Active service to community for one year prior to event • A major event that has occurred at least one time previously with a Special Event Permit
• Benefits or enhances business community, provides cultural enrichment • Event is of citywide significance
• Not a religious or political event
• Cultural, social, or recreational benefit to community • Any other criteria as established by the City Council The policy exempts the following events from departmental service charges because of their long-standing community-based event and/or benefit to the community: May Day Parade, Veterans Day Parade, and Christmas Parade.
Discussion:
The Los Banos Downtown Association is requesting the waiver of departmental service charges from the City of Los Banos for the 2023 Fourth of July Celebration. The request would consist of the following participation from the City of Los Banos:
• Use of the Henry Miller Plaza
• Public Safety presence
• Closure of J Street from 5th Street to 7th Street
• Closure of 6th Street from H Street to I Street
The Los Banos Downtown Association is a non-profit 501 (c)3 organization that provides services to the community of Los Banos. The purpose of the Fourth of July Celebration is to expose Downtown Los Banos to the region and to bring activity and entertainment Downtown for the entire community to enjoy. The event is open to the public - free of charge and adds to the quality of life for our residents.
Fiscal Im pact:
There would be no monetary impact to the City of Los Banos. The fiscal impact of the Fourth of July Celebration would be in-kind departmental services from the City.
Reviewed by:
' i V/
Brent Kuhn, Interim Finance Director
2 22
Attachments:
1. Resolution
3 23
THIS PAGE IS INTENTIONALLY LEFT BLANK
24 RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS, CALIFORNIA, AMENDING THE POLICY
REGARDING WAIVER OR PARTIAL WAIVER OF
DEPARTMENTAL SERVICE CHARGES RELATIVE TO
SPECIAL EVENTS
WHEREAS, the City Council of the City of Los Banos wishes to amend the written policy setting forth guidelines and criteria regarding waiver or partial waiver of departmental service charges relative to special events.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos, California, as follows:
SECTION 1. That the Policy attached hereto as Exhibit A, and incorporated herein by this reference, as if fully set forth, entitled "Special Events-Departmental Service Charges Policy" is approved.
SECTION 2. This resolution shall be effective immediately upon adoption.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on this __ day of ___ 2023, by Council person --~ who moved its adoption, which motion was duly seconded by Council person --~' and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
25 Exhibit "A" to City Council Resolution No. __ _
Policy Regarding Waiver or Partial Waiver
of Departmental Service Charges Relative to Special Events
POLICY REGARDING WAIVER OR PARTIAL WAIVER
OF DEPARTMENTAL SERVICE CHARGES RELATIVE TO SPECIAL EVENTS
CITY OF LOS BANOS
I. PURPOSE
The purpose of this Policy is to set forth the criteria for consideration of a waiver or partial waiver of departmental service charges relative to special events.
II. POLICY
A. Objectives.
The public interest is well served by making public property available to community groups and individual members for special events. The costs of making public property available are generally recovered through departmental service charges collected for the specific event.
However, the public interest is also served by waiving such departmental service charges for limited events that have direct community benefit. Furthermore, to maintain public trust, procedures shall be established for the consistent, fair, and prompt evaluation of such requests.
B. Criteria.
The primary objective of departmental service charges is to create mechanisms for cost recovery, to the extent authorized by law, while not unduly impacting the viability of the events.
This policy establishes criteria for a waiver or partial waiver of departmental service charges in furtherance of not unduly impacting the viability of events of community wide benefit.
Major events (i.e. parades, similar major events) must meet the following criteria to be considered for an exemption waiver or partial waiver of the departmental service charges:
• Not for profit organization serving primarily the citizens of Los Banos with tax exempt status
• Open to public free of charge
• Active service to community for one year prior to event • A major event that has occurred at least one time previously with a Special Event Permit • Benefits or enhances business community, provides cultural enrichment • Event is of citywide significance
• Not a religious or political event
• Cultural, social, or recreational benefit to community 26 • Any other criteria as established by the City Council Based on the foregoing, the following events shall be deemed exempt from departmental service charges because of their long-standing community-based events and/or benefit to the community: May Day Parade, Fourth of July Celebration, Veterans Day Parade, and Christmas Parade, subject to no intensification of the event.
C. Process.
Departmental service charge waivers to eligible organizations may be considered upon filing a request with a special events application with the City by the established deadlines.
Approval of a waiver is made by the City Council. There is no guarantee that the City Council will be able to approve a waiver request for each applicant. Applicants should not make commitments on the expectation of receiving a waiver. Recurring events must apply each year to be considered.
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28 TO:
FROM:
DATE:
SUBJECT:
LOsBanos
At tlu· Cross·roads of Calijornia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer~) June 21, 2023
Authorize the Execution of a Professional Services Agreement for OnCall Tree Maintenance Services TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council adopts the Resolution to authorize the City Manager to execute Professional Service Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC to provide On-Call Tree Maintenance services. The administration of the Professional Services Agreements is to be performed by the Public Works Director/City Engineer.
Background:
The City of Los Banos Public Works Department is charged with oversight of all tree services in the Public Right of Way and on Public Land. In order for staff to efficiently and effectively manage these work tasks including but not limited to tree pruning, tree removal, stump removal and grinding, and tree inspection services, proposals were solicited for services of qualified consulting firms. A Request for Proposals (RFP) was issued on May 8, 2023. Proposals were received at the office of City Clerk until June 6, 2023 at 2:00 PM.
The City received four ( 4) proposals. The firms that responded to the City of Los Banos Request for Proposals were:
Ronnys Inc.
West Coast Arborists, Inc.
Community Tree Services
A Plus Tree, LLC
Each proposal was reviewed by a City staff selection committee using the prescribed selection process. Staff is recommending that the services of Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC be retained to support staff with the specified work tasks, as listed in the RFP, for the City. Each of the three firms has the ability to provide the necessary services requested. Each has demonstrated a history of delivering quality work.
ITEM 7D
29 30
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENTS, AND THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO
ADMINISTER PROFESSIONAL SERVICES
AGREEMENTS WITH RONNYS INC., WEST
COAST ARBORISTS, AND A PLUS TREE, LLC
FOR ON-CALL TREE MAINTENANCE SERVICES
WHEREAS, the City of Los Banos Public Works Department is charged with managing tree pruning, tree removal, stump removal and grinding, and tree inspection services for all trees in the Public Right of Way and on Public Land; and WHEREAS, the Public Works is not structured to meet the tree maintenance needs of all City owned trees; and
WHEREAS, the Public Works Department solicited proposals from qualified consulting firms to provide On-Call Tree Maintenance Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute Professional Services Agreements, and authorize the Public Works Director/City Engineer to administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of June 2023, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
31 CITY OF LOS BANOS
AGREEMENT FOR ON CALL TREE MAINTENANCE SERVICES
RONNYSINC.
This Agreement is made and entered into this _ day of _ _ ___ _ , 2023 by and between the City of Los Banos a California corporation, ("City") and Ronnys Inc. ("Contractor").
City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS.
A. WHEREAS, City is in need of On Call Tree Maintenance Services as described herein below;
B. WHEREAS, City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to utilize Contractor to perform and assume responsibility for the provision of On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement; C. WHEREAS, Contractor desires to perform and assume responsibility for the provision of certain On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement;
D. WHEREAS, Contractor represents that it is experienced in providing tree maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans, specifications, and requirements of City; and E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall be from June 22, 2023 to June 30, 2028 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.
2. Scope of Work. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the ON-CALL TREE MAINTENANCE SERVICES ("Services" or "Work"). 32 The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement; the Exhibits attached hereto and incorporated herein by reference; the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference; and all applicable local, state and federal laws, rules and regulations.
2.1. All work prepared by Contractor shall be subject to the approval of City.
2.2. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3. Task Orders. Specific projects will be assigned to Contractor through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 3.
3.1. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Contractor for review. Contractor shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including itemized detail of the basis for the total dollar amount of Contractor's Cost Estimate. Except as otherwise agreed to by the parties, Contractor's Cost Estimate, shall be in accordance with the Payment · Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
3.2. After agreement has been reached on any negotiable items and total cost; the finalized Task Order shall be signed by both the City and Contractor. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City. Contractor understands and agrees that the City does not guarantee or have an obligation to approve any proposal for tree maintenance requested by City during the Initial Term of Agreement or the duration of any approved contract extensions.
3.3. Contractor shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.
4. Compensation. Except as otherwise agreed to by the parties, City shall pay Contractor for the services in accordance with the provisions of this Section and the Cost Estimate submitted by Contractor and negotiated and agreed to by the parties for each individual Task Order. 33 4.1. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.2. Contractor shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Contractor is billing, or upon completion of the Task Order.
Contractor's bills shall identify the specific Task Order, include a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos,
Nirorn Than, P .E., Public Works Director/City Engineer 411 Madison A venue,
Los Banos, CA 93635
4.3. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
4.4. Contractor shall not be reimbursed for any additional expenses unless authorized in writing by City.
4.5. If the Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
4.6. Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Payment Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
4.7. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.8. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as 34 defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. Time of Performance.
5 .1. Time is of the essence in the performance of services under this Agreement and Contractor shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Contractor to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond . any completion schedule or Project milestones established pursuant to this Agreement.
5.2. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
5 .3. The Contractor shall allocate appropriate resources to respond to the City's requests in the following order:
(A) Emergency Response (24 hours response time).
This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in twenty-four (24) hours or less from the time of notification. Examples of a situation that would require an emergency response include, but not limited to, temporary lape striping in paint for emergency lane closure, temporary intersection control striping in paint (stop bar, stop legend, and other delineations), and temporary traffic control support for City Emergency Operations. The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day. This telephone number shall be made available to the City's Public Works Department and the City's Representative. The Contractor shall make IMMEDIATE maintenance calls when notified by the City and informed that the call is an emergency. In no instance shall the response time to an emergency call exceed twenty-four (24) hours from the time of notification. 35 (B) Standard High Priority Response (5 business days response time).
This item is considered high priority, but not an immediate safety concerns.
Maintenance and repair requests made on a high priority basis shall be responded to within 5 business days of the notification. High priority items will be determined by the City Engineer or his/her representative.
(C) Standard Response (10 business days response time).
This item is considered important, but not an immediate safety concerns. Maintenance and repair requests made on a regular basis shall be responded to within 10 business days of the notification. In no event will regular response work be considered overtime without prior approval of the City's Representative or his/her authorized agent.
6. Responsibilities of Contractor.
6.1. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
6.2. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
6.3. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. 36 Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom.
6.4. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
6.5. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in this Agreement.
6.6. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' 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.
6.7. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any sub consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
6.8. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
6.9. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such 37 authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
7. Representative.
7.1 The City hereby designates Joe Heim, Parks and Recreation Operations Manager or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
7.2 Contractor's Representative. Contractor hereby designates Ronny Navarro, President ofRonnys Inc. or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
8 Indemnification.
8.1. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. Insurance.
9 .1. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and, in a form, satisfactory to City.
(A) Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or 38 issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
(B) Sign.ature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
(C) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
(D) Minimum Coverage Requirements.
i. Workers' Compensation and Employers' Liabilitv Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii General Liabilitv Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 3 7, is also required. iii Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy
(E) Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. 39 Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
9.2. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
9.3. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subcontractor's policies.
9.4. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
9.5 Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. l 0. Termination of Agreement.
10.1. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 40 10.2. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
10.3. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11. General Provisions.
11.1 . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Attn: Ronny Navarro
Ronnys Inc.
1251 Badger Flat Rd
Los Banos, CA 93635
CITY:
Attn: Nirorn Than, P .E.
City of Los Banos
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
11.2. This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.
11.3. Time is of the essence for each and every provision of this Agreement.
11.4. City reserves right to employ other contractors in connection with this Project.
11.5. This Agreement shall be binding on the successors and assigns of the parties. 41 11.6. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.7. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
11.8. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
11.9. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11.10. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
11.11. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
11.12. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
11.13. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
11.14. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.15. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 42 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
RONNYSINC.
by: Ronny Navarro
President of Ronnys Inc.
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
City Manger
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 Exhibit A
LOsBanos
Al tlw c,-ossroacls (~{ Cali_fo,-nia
REQUEST FOR PROPOSALS
for
ON-CALL TREE MAINTENANCE
Date Released: May 8, 2023
Questions with regard to submissions, process, or proposals can be emailed to:
Soknirom Than, P .E.
Public Works Director/City Engineer
[email protected]
Proposals must be received prior to 2:00 P.M June 6, 2023 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www.losbanos.org
45 TABLE OF CONTENTS
Request for Proposal
On-Call Tree Maintenance
Request for Proposal ....................................................................................................... 1 Project Description .......................................................................................................... 3 Background
Scope of Work
Additional Services
Cost Proposal
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Contractor
Insurance Requirements
Exhibit A: Submittal Requirements ................................................................................ 7 Exhibit B: Proposal Evaluation ..................................................................................... 10 Exhibit C: Services .......... .................. ...... ......................................................... 13 Exhibit D: Fee Schedule .... .......... ...... ....... .......................................................... 18 Exhibit E: Sample Contract Agreement ... ................................................................ 19 46 NOTICE
Request for Proposals
For
On-Call Tree Maintenance
NOTICE IS HEREBY GIVEN that the City of Los Banos is seeking proposals from qualified arborist/tree service companies to provide maintenance services for Citywide Tree Maintenance. The work includes on-call time and material citywide tree maintenance services that shall include, but are not limited to, tree pruning, tree removal, and stump removal and grinding.
The City intends to award up to three (3) arborist/tree service companies; however, the exact number will be determined depending on the quality, diversity and responsiveness of the proposals received. Total amount payable to the Contractor shall not exceed $250,000 per year. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2028.
All qualified Contractors interested in providing these services are invited to submit their proposals. The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal. A valid State California C-61 and D-49 Contractor's License is required with the proposal.
It shall be the Contractor's responsibility to check the City of Los Banos' website ( www .losbanos.org) to obtain any addenda that may be issued.
The Contractor's attention is directed to Exhibit A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Contractor's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 P.M. PDT on June 6, 2023. Proposals shall be submitted in a sealed package clearly marked "On-Call Tree Maintenance" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking Contractors in order to make a final selection. The successful Contractor(s) will be recommended to the City Council for authorization to enter into a Professional Services Agreement to provide on-call tree maintenance services for the City of Los Banos.
Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Contractor is solely responsible for all costs related to the preparation of the proposal.
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47 The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the Contractor who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
The City intends to follow, but will not be bound by, the following selection timeline:
Release of Advertisement of RFP 05/08/2023
Deadline to Submit Questions/Clarifications 5:00P.M. 05/23/2023 Addendum/Questions/Clarifications Posted 5:00P.M. 05/30/2023 Deadline for Proposal Submittal 2:00P.M. 06/06/2023
Award Date Tentatively 06/21/2023
Any questions with regard to submissions, process, or proposals can be emailed to Soknirom Than, Public Works Director/City Engineer at nirom.thancallosbanos.org. Questions shall be submitted before 5:00 P.M. PST on May 23, 2023. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on May 30, 2023 and if necessary, shall become a part of the proposal as an addendum.
The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www .losbanos.org.
No oral questions or inquiries about the RFP shall be accepted.
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48 PROJECT DESCRIPTION
The City of Los Banos (herein referred to as "City") is seeking a qualified contractor (herein referred to as "Contractor") to provide on-call tree maintenance services. Task Orders may include, but are not limited to the removal, trimming, and replacement of trees throughout the city on an as-needed basis. The project is estimated not to exceed $250,000 annually for a period ending June 30, 2028 with an optional two one-year extension.
The intent of this RFP is to evaluate each interested Contractor specific qualifications, experiences, and select the best-qualified Contractor(s). In addition, all interested Contractors shall have sufficient, readily available resources in the form of trained personnel, support services, specialized Contractors and financial resources to carry out the work without delay or shortcomings. The work will be performed according to the attached Agreement for Services.
The city intends to award a contract to up to three successful Contractors for the services proposed by that Contractor. However, all contracts are subject to approval by the Los Banos City Council, and the city reserves the right to not award any such contract at the discretion of the Council.
BACKGROUND
The City primarily utilize city staff to perform routine tree maintenance. Due to a significant and complex amount of work that needs to be completed, the City is looking to retain a contractor(s) to provide on-call tree maintenance services.
The work may consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and updating inventory of trees, as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day.
In February 2021, the city hired a consultant to conduct a City Tree Inventory, which can be found utilizing the following link: https://pg-cloud.com/LosBanosCA/
SCOPE OF WORK
The services and required Tasks for this RFP can be found in Exhibit C, "Services."
ADDITIONAL SERVICES
The need for additional type services may be required during the term of the contract. The interested Contractor shall submit a fee schedule for key staff which may be directly involved in work outside of the scope of services above. This fee schedule shall be on an hourly basis.
COST PROPOSAL
The Contractor is to prepare the Fee Schedule attached in Exhibit D based on the tasks as listed in the scope of work based on personnel hourly rate.
TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Contractor to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the RFP On-Call Tree Maintenance Page 3 of 19
49 Contractor to establish the maximum fee, including expenses, for the specific project and the completion date.
Pursuant to an authorized Task Order, the Contractor shall provide all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Contractor's services and work product. The Contractor is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.
The potential projects may vary in scope and size, and may encompass any type of tree services.
The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The Contractor shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.
The Contractor shall maintain a set of project files that shall be provided to the City upon request.
The Contractor shall have the ability to respond in a timely and cost-efficient manner to City requests.
GENERAL PERSONNEL REQUIREMENTS
The Contractor's personnel shall be capable, competent, and experienced in performing the types of work in the Contract with minimal instruction. Personnel skill levels should match the specific job classifications, as set forth herein or in the Contractor's Cost Proposal and task complexity.
The Contractor's personnel shall be knowledgeable about, and comply with, all applicable Federal, State and Local laws and regulations.
The Contractor is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the Contractor's originally proposed personnel and project organization, as depicted on the proposed Contractor's organization chart or the Contractor's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the Contractor's Cost Proposal not to exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
The Contractor's Contract Administrator shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of similar projects for local agencies.
In addition to other specified responsibilities, the Contractor's Project Administrator shall be responsible for all matters related to the Contractor's personnel, subcontractors, and Contractor's and subcontractors' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the Contractor's and subcontractors' personnel.
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50 c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for Contractor personnel and ensuring appropriate actions taken for subcontractors' personnel.
e. Maintaining and submitting organized project files for record tracking and auditing. f. Assuring that all applicable safety measures are in place. g. Providing invoices in a timely manner and providing monthly contract expenditures. h. Reviewing invoices for accuracy and completion before billing to City. i. Managing subcontractors.
J. Managing overall budget for Contract and provide report to the City Contract Administrator.
k. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.
I. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
DELIVERABLES
As agreed upon by the City and Contractor in a Task Order for each project.
SCHEDULE
As agreed upon by the City and Contractor in a Task Order for each project.
METHOD OF PAYMENT
Contractor shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and Contractor in a Task Order for each project. Contractor shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONTRACTOR
Unless otherwise specified, the Contractor shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.
INSURANCE REQUIREMENTS
Before the City executes an Agreement for services, Contractor shall provide a certificate of insurance evidencing the following:
• Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
• General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 O I, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an RFP On-Call Tree Maintenance Page 5 of 19
51 endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
• Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
• Each liability insurance certificate shall state that coverage afforded therein is primary and shall bear endorsements that provide the City be given at least 30 days written notice before any material change or cancellation of such policy, for any reason.
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52 EXHIBIT A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the proposals by all Contractors. The intent of these guidelines is to assist Contractors in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.
Proposal's shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Soknirorn Than P .E., Public Works Director/City Engineer 411 Madison Ave
Los Banos, CA 93635
The letter shall be on Contractor's letterhead and include the Contractor's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Contractor's understanding of the services being requested and any other pertinent information the Contractor believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be signed by the individual authorized to bind the Contractor to the proposal.
2. Contractor Information, Qualifications & Experience
The City will only consider submittals from Contractors that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:
1. Contracting agency
2. Contracting agency Project Administrator/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Contractor Project Administrator and contact information
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Contractor. Key members, especially the Project Administrator, shall have significant demonstrated experience with RFP On-Call Tree Maintenance Page 7 of 19
53 this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the Contractor's Project Administrator and project staff have sufficient availability and/or that Contractor has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:
• Project Description
• Year of Completion
• Construction Cost (or Contractor cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the Contractor shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Contractor shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a Contractor discovers a conflict during the execution of an assigned task order, the Contractor must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the Contractor to notify the City Contract Administrator may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing Contractor was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing Contractor has any issues or needed changes to the proposed contract agreement included as Exhibit E.
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54 The Contractor shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
The Request for Proposal includes a Fee Schedule which identifies the scope of work through task to be completed. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
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55 EXHIBIT B-PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.
The selection process may include oral interviews. The proposer will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than three proposals, the City may opt to not conduct an oral interview.
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to fivepoint rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points. 0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.
l Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives oer RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification.
The Contractor determined to be the most qualified, in the City's sole discretion, shall be based on the following 100 point grading system:
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56 1. Completeness of Response (10 points)
a .. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, points will be deducted for each item considered incomplete.
2. Qualifications & Experience (20 points)
a. Relevant experience, specific qualifications, and technical expertise of the Contractor to perform on-call tree maintenance services.
b. Contractor demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. c. Contractor demonstrates successful completion of said projects. d. Contractor is familiar with City standards and procedures.
3. Organization & Approach (30 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
1. Proposes adequate and appropriate disciplines of project team. u. Some or all of team members have previously worked together on similar project(s).
m. Overall organization of the team is relevant to City needs. c. Project and Management Approach
1. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project.
11. Team successfully addresses project planning.
m. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed on an on-call basis.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decisionmaking process. m. Proposal responds to need to assist City during the project.
4. Staff Availability (10 points)
a. Contractor demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely complete assigned task orders.
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57 5. Proposal Format (10 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.
6. References (20 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
7. Fee Schedule/Fee Schedule Summary (Pass/Fail)
8. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
9. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
Weighted scores for each Proposal will be assigned utilizing the table below:
No. Evaluation Criteria Rating Weight Score
(0-5) (Rating*
Weil!ht)
1 Completeness of Response 10
2 Qualifications & Experience 20
3 Organization & Approach 30
5 Staff Availability 10
6 Proposal Format 10
7 References 20
8 Fee Schedule/Fee Schedule Summary Pass/Fail
Total: 100
9 Presentation by Team 10
10 Q&A Response to Panel Questions 15
Total: 125
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58 EXIDBIT C - SERVICES
The purpose of this tree maintenance contract is to provide the City of Los Banos with the best possible tree care to maintain the City's trees at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected firm(s) will work closely with City staff to ensure the most appropriate care and maintenance of the City's tree inventory within those selected areas.
For a list of City Tree Inventory, visit the website below:
https:/ /pg-cloud.com/LosBanosCA/
OBJECTIVE/SCOPE OF SERVICES
The Contractor shall provide the highest quality of tree pruning, removal and maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal, and maintenance consistent with the International Society of Arboriculture Pruning Standards Best Management Practices (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers, and tree worker crews to provide tree pruning, removal, and maintenance activities that comply with this scope of services. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in this document in a safe, efficient, and legal manner.
The Contractor shall provide fee schedule to the City for the following work descriptions that will be used during the contract period by the City and the Contractor for the various site locations.
A. Tree Pruning: Tree pruning removal and maintenance services shall be performed according to the most current editions of the following benchmark standards:
1. American National Standards Institute (ANSI) A300 Part 1 Pruning Standards
2. ANSI Z133 Safety Standards
3. ISA Best Management Practices: Tree Pruning
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
• Improve structural strength and reduce failure potential. • Provide clearance for pedestrians, vehicles, structures and low voltage utilities. • Improve safety and security for residents and visitors. • Repair structural damage from wind loading.
• Improve aesthetic characteristics.
• Reduce maintenance costs.
• Prevent or mitigate a pest problem.
• Remove rubbing limbs, crossing limbs, mistletoe and limbs out of balance.
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59 Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during the course of trimming shall be reported to the City's designated representative for determination of action, as soon as it is discovered.
Clearance pruning shall be defined as to provide the following distances:
• Roadway - not less than 14' from road surfaces.
• Sidewalk - not less than 12' from sidewalk surfaces.
• Building - not less than 6' from vertical building surfaces. • Roofs and Streetlights - not less than 6' from roofs or street lamps. • Utility and Telecom Drop Lines - not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires.
B. Tree Removal: The Contractor shall remove trees deemed necessary for removal by the City or as recommended by the Contractor's Certified Arborist, with concurrence by the City.
1. Felling of trees larger than 12" DBH shall not be permitted. All trees shall be limbed out using appropriate rigging techniques to protect public safety and prevent unnecessary damage to surrounding turf, trees, shrubs, and landscape plantings. Sidewalks, curbs, streets, manhole structures, and associated hardscape shall be protected from the impact of falling wood. Any and all damage to public or private property shall be reported to the City's designated representative immediately.
2. Stump removal consists of the removal of the tree root crown and tree roots to a depth of 18" or until roots are no longer encountered and distances of at least 24" from the outer circumference of the tree stump or until roots are no longer encountered. The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact 811 USA prior to stump grinding.
3. All work shall comply with ANSI Z133 safety standards.
C. Job Performance Requirements:
1. Debris and Chip Disposal: The Contractor is responsible for the disposal of all logs, limbs, chips, and debris generated by work described.
2. Access: Bucket/chipper truck access is limited to park service roads, parking lots, and public streets. Operation of equipment "off-road" will require, at minimum, ¾" plywood planking to prevent soil compaction. Contractor shall notify property owner in writing of intent to access private property to cut overhanging limbs a minimum of 5 days in advance.
3. Site Clean-Up: The site should be restored, as close as reasonably practical, to conditions existing prior to work commencing. The Contractor shall chip all trees limbs and tree debris from sites and dispose of debris. The Contractor shall clean up the site and remove and dispose of all debris at the end of each day's operation. Limbs and trunks temporarily placed in the park areas shall be placed in such a manner as to eliminate any obstruction to motor vehicles and/or pedestrians. Logs left lying on the ground awaiting pick-up shall be sufficiently blocked to prevent movement. Site cleanup shall include removal of sawdust, small twigs, chips, leaves, trunks, and limbs from the street, curb, parkway, sidewalk, lawn areas, and driveways with appropriate tools for the job.
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60 4. Protection of Property: The Contractor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, lawns, curbs, walks, or other real and/or personal property. Holes or ruts made in the lawn, regardless of size, shall be filled with sandy loam soil and seeded with a turf grass lawn seed mix. Vegetation surrounding a tree marked for removal/pruning shall be disturbed as little as possible. Any vehicle which may interfere with the work shall be moved by the owner of the vehicle. If a vehicle impeded the start of work the Contractor shall attempt to notify the owner of the vehicle no less than three (3) documented times, over a (3) day period (once per day, minimum). If the owner of the vehicle cannot be notified, the Contractor must notify the City of the failed notification attempts.
5. Repairs and Corrective Actions: Contractor shall communicate to the City Representative any tree maintenance and non-tree maintenance related hazards encountered while on site. Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City's Representative will be prioritized dependent on each request after notification to the City. Immediate response may be necessary. Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense as soon as possible. Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City's Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location.
6. Safety Standards: All equipment to be used and all work to be performed to meet accepted current applicable industry standards for safe practices; and Contractor agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements, and CAL E.P.A. Safety Orders at all times so as to protect all person, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. All damages to vehicles, property, as well as injuries to pedestrians shall be reported to the Parks and Recreation Operations Manager or his designee within one (1) hour of occurrence. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence. a. Sound and Vibration Control Requirements: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor.
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61 Blocking of public streets shall not be permitted unless prior arrangements have been made with the City or its representatives. The Contractor shall provide adequate barricades, flag person(s), signs and/or warning devices during the performance of the Contract to protect the motorists and pedestrians. All placements of cones, signs, and barricades must conform to the current Manual on Uniform Traffic Control Devices.
Yell ow flashing lights mounted on a vehicle shall not be deemed as sufficient or adequate protection.
7. Work Hours: Between 7:30 a.m. and 5:00 p.m., Monday through Friday. Work on Weekends and Holidays are not allowed unless it is deemed an emergency and Weekend Work has been coordinated and approved by the City. Any other exception shall only be authorized with prior approval of the City Representative.
8. Construction Yard: It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works. When storage sites are to be located upon private property, the Contractor shall be required to submit to the Director of Public Works, written approval from the record owner authorizing the use of the property by the Contractor.
D. General Information:
1. Examination of Sites: All interested parties should inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered and all other relevant matters concerning the work to be performed under this contact.
The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters of concern which the Contractor did not inform himself prior to bidding. The successful Contractor must employ, so far as possible, such methods and means that will not cause any interruption of interference with any other contractor.
2. Starting and Completion Requirements: Work shall begin under contract within two weeks of the date of notice to proceed. All contract work shall be completed by a date agreed upon by both parties for each task order. The Contractor shall not be entitled to any claims against the City for damages from any cause whatsoever in the progress of the work or any portion thereof.
The Contractor is to leave a tree care brochure/door hanger at residential location; brochure/door hanger to be furnished by the City.
3. Certified Arborist: It is the preference of the City that all work be performed under the general supervision by an International Society of Arboriculture (ISA) Certified Arborist for the duration of the project. It is highly desirable that the crew supervisor be a current ISA-Certified Arborist. All Certified Arborists names and certification number(s) must be included in the proposal document to be considered for this project. Any change in the status of the "certified" individual(s) during the life of this contract must be reported to the City at the time of occurrence. All certification numbers will be verified through ISA's office. Failure to have a certified arborist on staff at all times could result in termination of this contract.
RFP On-Call Tree Maintenance Page 16 of 19
62 a. Consultation: The Contractor shall designate at least one certified Arborist in their organization who shall be available periodically to the City for consultation. Any one of the following ISA credentials are acceptable for this requirement: Arborist, Arborist Utility Specialist, Arborist Municipal Specialist, Board-Certified Master Arborist. This consultation may include requests for analysis and feedback on the health of trees, suitability of species for an existing or proposed location or purpose, or planning recommendations for future street or park tree design. Compensation for scheduled or emergency consultation services shall be paid at the hourly labor rates in accordance with the Cost Proposal as appropriate included in this Solicitation and completed and returned by the Contractor in its Proposal.
4. Licensing, Certification and Labor: All firms submitting proposals must hold a valid State California C-61 and D-49 Contractor's License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.
E. Unscheduled Service
The Contractor will also provide, if required by the City, unscheduled tree pruning. The City will provide at least 24-hour notice for unscheduled pruning. Crew and equipment shall consist of 2 workers, 1 of which is an arborist, truck, and chipper plus all necessary pruning tools. The City may increase or decrease the quantity of these services at fee schedule provided in Exhibit D.
F. Emergency Service
The Contractor will also respond to emergency calls for service at any and all times day or night during the term of this agreement within (3) hours of being notified. Crew and equipment shall consist of2 workers, 1 of which is an arborist, truck, and chipper, plus all necessary pruning tools.
1. Emergency response: The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
2. Emergency Work: In the event that emergency work is required, the Contractor shall notify the Director of Public Works or representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed.
3. Emergency Personnel: In situations involving an emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within three (3) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to accomplish the necessary work.
The Contractor shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Contractor for twenty-four (24) hour emergency response. The abovementioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.
RFP On-Call Tree Maintenance Page 17 of 19
63 EXIDBIT D - FEE SCHEDULE
Contractor Rate Schedule:
The rate for any authorized services is shown below:
Company Name: _ ___ ___ ___ ___ ___ _ _ _ _ _______ _
ITEM GENERAL DESCRIPTJO U IT JSl EAR(2023)
1 LABORER RA TE
2 MAINTENANCE WORKER RA TE
3 SUPERVISOR RATE
4 SPECIALITY EQUIPMENT RA TE
(PROVIDE LIST ON A SEPARATE SHEET)
5 CERTIFIED ARBORIST RATE
The compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) on an annual basis - Urban Wage Earners and Clerical Works for the San Francisco - Oakland - Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 5%. The contractor must submit a request for CPI adjustment/increase at least 30 days prior to the expiration of effective CPI, otherwise the contractor will forgo the said adjustment. The first request for adjustment is due 3/29/2024.
RFP On-Call Tree Maintenance Page 18 of 19
64 EXHIBIT E - SAMPLE CONTRACT AGREEMENT
RFP On-Call Tree Maintenance Page /9 of 19
65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 EXHIBIT B - FEE SCHEDULE
Contractor Rate Schedule
The rate for any authorized service is shown below:
Company Name: Ronnys loo I
----=s c-J_f_l~.~~~i;:~--~ •~ • -~ ~~ ~-:4!·:,-11~ • •~ I. 1 LABOR RATES I TREE TRIMMER $78 $78
2 MAINTENANCE WORKER RATE/ GROUND CHIPPER $67 $67
PERSON
3 SUPERVISOR I ARBORIST TRAINEE RATE $45 $45
4 ARTICULATED ARBORIST MAN LIFT EQUIPMENT RATE (3 $35 $35 -HOUR MIN)
5 TREE CHIPPER EQUIPMENT RATE (3 • HOUR MIN) $35 $35
6 STUMP GRINDER RATE EQUIPMENT (3 - HOUR MIN) $35 $35
7 OTHER SPECIALITY EQUIPMENT RATE (3 - HOUR MIN) $35 $35 8 CERTIFIED ARBORIST RATE $65 $65
The compensation payable to the Contractor wlll be adjusted by the Increase In the Consumer Price Index (CPI) on an annual basis • Urban Wage Earners and Clerical Workers for the San Francisco - Oakland - Hayward metropolitan area as of April 30th of each year, but the CPI Increase wlll not exceed 5%. The contractor must submit a request for CPI adjustments I Increase at least 30 days prior to the expiration of effective CPI, otherwise, the contractor wlll forgo the said adjustment.
The first request for adjustment Is due on 3/29/2024.
• 1,-,-~1 - -....- - -- -- ---.;-- - '·1 -~~--~ ,- I
• r ~ . .- ., ~ . .• . - ~. .- · :t . · - l~onn~s - -
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 CITY OF LOS BANOS
AGREEMENT FOR ON CALL TREE MAINTENANCE SERVICES
WEST COAST ARBORISTS, INC.
This Agreement is made and entered into this _ day of ______ , 2023 by and between the City of Los Banos a California corporation, ("City") and West Coast Arborists, Inc. ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS.
A. WHEREAS, City is in need of On Call Tree Maintenance Services as described herein below;
B. WHEREAS, City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to utilize Contractor to perform and assume responsibility for the provision of On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement; C. WHEREAS, Contractor desires to perform and assume responsibility for the provision of certain On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement;
D. WHEREAS, Contractor represents that it is experienced in providing tree maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans, specifications, and requirements of City; and E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall be from June 22, 2023 to June 30, 2028 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.
2. Scope of Work. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the ON-CALL TREE MAINTENANCE SERVICES ("Services" or "Work"). 69 The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement; the Exhibits attached hereto and incorporated herein by reference; the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference; and all applicable local, state and federal laws, rules and regulations.
2.1. All work prepared by Contractor shall be subject to the approval of City.
2.2. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3. Task Orders. Specific projects will be assigned to Contractor through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 3.
3.1. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Contractor for review. Contractor shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including itemized detail of the basis for the total dollar amount of Contractor's Cost Estimate. Except as otherwise agreed to by the parties, Contractor's Cost Estimate, shall be in accordance with the Payment Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
3.2. After agreement has been reached on any negotiable items and total cost; the finalized Task Order shall be signed by both the City and Contractor. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City. Contractor understands and agrees that the City does not guarantee or have an obligation to approve any proposal for tree maintenance requested by City during the Initial Term of Agreement or the duration of any approved contract extensions.
3.3. Contractor shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.
4. Compensation. Except as otherwise agreed to by the parties, City shall pay Contractor for the services in accordance with the provisions of this Section and the Cost Estimate submitted by Contractor and negotiated and agreed to by the parties for each individual Task Order. 70 4.1. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.2. Contractor shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Contractor is billing, or upon completion of the Task Order.
Contractor's bills shall identify the specific Task Order, include a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos,
Nirorn Than, P .E., Public Works Director/City Engineer 411 Madison A venue,
Los Banos, CA 93635
4.3. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
4.4. Contractor shall not be reimbursed for any additional expenses unless authorized in writing by City.
4.5. If the Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
4.6. Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Payment Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
4.7. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.8. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as 71 defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. Time of Performance.
5 .1. Time is of the essence in the performance of services under this Agreement and Contractor shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Contractor to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
5.2. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
5 .3. The Contractor shall allocate appropriate resources to respond to the City's requests in the following order:
(A) Emergency Response (24 hours response time).
This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in twenty-four (24) hours or less from the time of notification. Examples of a situation that would require an emergency response include, but not limited to, temporary lane striping in paint for emergency lane closure, temporary intersection control striping in paint (stop bar, stop legend, and other delineations), and temporary traffic control support for City Emergency Operations. The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day. This telephone number shall be made available to the City's Public Works Department and the City's Representative. The Contractor shall make IMMEDIATE maintenance calls when notified by the City and informed that the call is an emergency. In no instance shall the response time to an emergency call exceed twenty-four (24) hours from the time of notification. 72 (B) Standard High Priority Response (5 business days response time).
This item is considered high priority, but not an immediate safety concerns.
Maintenance and repair requests made on a high priority basis shall be responded to within 5 business days of the notification. High priority items will be determined by the City Engineer or his/her representative.
(C) Standard Response (10 business days response time).
This item is considered important, but not an immediate safety concerns. Maintenance and repair requests made on a regular basis shall be responded to within IO business days of the notification. In no event will regular response work be considered overtime without prior approval of the City's Representative or his/her authorized agent.
6. Responsibilities of Contractor.
6.1. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
6.2. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
6.3. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. 73 Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom.
6.4. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
6.5. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in this Agreement.
6.6. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' 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.
6.7. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any sub consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
6.8. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
6.9. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such 74 authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
7. Representative.
7 .1 The City hereby designates Joe Heim, Parks and Recreation Operations Manager or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
7.2 Contractor's Representative. Contractor hereby designates Victor Gonzalez, V.P.
Business Development or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
8 Indemnification.
8.1. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. Insurance.
9 .1. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and, in a form, satisfactory to City.
(A) Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or 75 issuance of any permit. Current certification of insurance shalJ be kept on file with City at alJ times during the term of this Agreement.
(B) Signature. A person authorized by the insurer to bind coverage on its behalf shalJ sign certification of all required policies.
(C) Acceptable Insurers. All insurance policies shal1 be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
(D) Minimum Coverage Requirements.
i. Workers' Compensation and Employers' Liability Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dolJars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii General Liability Coverage. Contractor shalJ maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dol1ars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shalJ be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shalJ be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. iii Automobile Liability Coverage. Contractor shal1 provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dol1ars ($2,000,000) per accident. If contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy
(E) Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to al1 claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. 76 Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
9.2. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
9.3. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subcontractor's policies.
9.4. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
9.5 Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
10. Termination of Agreement.
10.1. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time · and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 77 10.2. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
10.3. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11. General Provisions.
11 .1. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Attn: Victor Gonzalez
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
CITY:
Attn: Nirorn Than, P.E.
City of Los Banos
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
11.2. This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.
11.3. Time is of the essence for each and every provision of this Agreement.
11.4. City reserv.es right to employ other contractors in connection with this Project.
11.5. This Agreement shall be binding on the successors and assigns of the parties. 78 11.6. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.7. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
11.8. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
11.9. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11.10. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
11.11. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
11.12. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
11.13. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
11.14. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.15. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 79 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
WEST COAST ARBORISTS, INC.
by: Victor Gonzalez
V.P. Business Development
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
City Manger
80 Exhibit A
LOsBanos
At tl1c Crosstoads ~I C,,lifornia
REQUEST FOR PROPOSALS
for
ON-CALL TREE MAINTENANCE
Date Released: May 8, 2023
Questions with regard to submissions, process, or proposals can be emailed to:
Soknirom Than, P .E.
Public Works Director/City Engineer
[email protected]
Proposals must be received prior to 2:00 P.M June 6, 2023 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www.losbanos.org
81 TABLE OF CONTENTS
Request for Proposal
On-Call Tree Maintenance
Request for Proposal ....................................................................................................... 1 Project Description .......................................................................................................... 3 Background
Scope of Work
Additional Services
Cost Proposal
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Contractor
Insurance Requirements
Exhibit A: Submittal Requirements ................................................................................ 7 Exhibit B: Proposal Evaluation ..................................................................................... 10 Exhibit C: Services ........................................................................................... 13 Exhibit D: Fee Schedule .............. ....................................................................... 18 Exhibit E: Sample Contract Agreement ................................................................... 19 82 NOTICE
Request for Proposals
For
On-Call Tree Maintenance
NOTICE IS HEREBY GIVEN that the City of Los Banos is seeking proposals from qualified arborist/tree service companies to provide maintenance services for Citywide Tree Maintenance. The work includes on-call time and material citywide tree maintenance services that shall include, but are not limited to, tree pruning, tree removal, and stump removal and grinding.
The City intends to award up to three (3) arborist/tree service companies; however, the exact number will be determined depending on the quality, diversity and responsiveness of the proposals received. Total amount payable to the Contractor shall not exceed $250,000 per year. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2028.
All qualified Contractors interested in providing these services are invited to submit their proposals. The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal. A valid State California C-61 and D-49 Contractor's License is required with the proposal.
It shall be the Contractor's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.
The Contractor's attention is directed to Exhibit A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Contractor's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 P.M. PDT on June 6, 2023. Proposals shall be submitted in a sealed package clearly marked "On-Call Tree Maintenance" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking Contractors in order to make a final selection. The successful Contractor(s) will be recommended to the City Council for authorization to enter into a Professional Services Agreement to provide on-call tree maintenance services for the City of Los Banos.
Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Contractor is solely responsible for all costs related to the preparation of the proposal.
RFP On-Call Tree Maintenance Page I of 19
83 The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the Contractor who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
The City intends to follow, but will not be bound by, the following selection timeline:
Release of Advertisement of RFP 05/08/2023
Deadline to Submit Questions/Clarifications 5:00P.M. 05/23/2023 Addendum/Questions/Clarifications Posted 5:00 P.M. 05/30/2023 Deadline for Proposal Submittal 2:00 P.M. 06/06/2023
Award Date Tentatively 06/21/2023
Any questions with regard to submissions, process, or proposals can be emailed to Soknirom Than, Public Works Director/City Engineer at [email protected]. Questions shall be submitted before 5:00 P.M. PST on May 23, 2023. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on May 30, 2023 and if necessary, shall become a part of the proposal as an addendum.
The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www .losbanos.org.
No oral questions or inquiries about the RFP shall be accepted.
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84 PROJECT DESCRIPTION
The City of Los Banos (herein referred to as "City") is seeking a qualified contractor (herein referred to as "Contractor") to provide on-call tree maintenance services. Task Orders may include, but are not limited to the removal, trimming, and replacement of trees throughout the city on an as-needed basis. The project is estimated not to exceed $250,000 annually for a period ending June 30, 2028 with an optional two one-year extension.
The intent of this RFP is to evaluate each interested Contractor specific qualifications, experiences, and select the best-qualified Contractor(s). In addition, all interested Contractors shall have sufficient, readily available resources in the form of trained personnel, support services, specialized Contractors and financial resources to carry out the work without delay or shortcomings. The work will be performed according to the attached Agreement for Services.
The city intends to award a contract to up to three successful Contractors for the services proposed by that Contractor. However, all contracts are subject to approval by the Los Banos City Council, and the city reserves the right to not award any such contract at the discretion of the Council.
BACKGROUND
The City primarily utiJize city staff to perform routine tree maintenance. Due to a significant and complex amount of work that needs to be completed, the City is looking to retain a contractor(s) to provide on-call tree maintenance services.
The work may consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and updating inventory of trees, as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day.
In February 2021, the city hired a consultant to conduct a City Tree Inventory, which can be found utilizing the following link: https://pg-cloud.com/LosBanosCA/
SCOPE OF WORK
The services and required Tasks for this RFP can be found in Exhibit C, "Services."
ADDITIONAL SERVICES
The need for additional type services may be required during the term of the contract. The interested Contractor shall submit a fee schedule for key staff which may be directly involved in work outside of the scope of services above. This fee schedule shall be on an hourly basis.
COST PROPOSAL
The Contractor is to prepare the Fee Schedule attached in Exhibit D based on the tasks as listed in the scope of work based on personnel hourly rate.
TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Contractor to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the RFP On-Call Tree Maintenance Page 3 of 19
85 Contractor to establish the maximum fee, including expenses, for the specific project and the completion date.
Pursuant to an authorized Task Order, the Contractor shall provide all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Contractor's services and work product. The Contractor is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.
The potential projects may vary in scope and size, and may encompass any type of tree services.
The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The Contractor shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.
The Contractor shall maintain a set of project files that shall be provided to the City upon request.
The Contractor shall have the ability to respond in a timely and cost-efficient manner to City requests.
GENERAL PERSONNEL REQUIREMENTS
The Contractor's personnel shall be capable, competent, and experienced in performing the types of work in the Contract with minimal instruction. Personnel skill levels should match the specific job classifications, as set forth herein or in the Contractor's Cost Proposal and task complexity.
The Contractor's personnel shall be knowledgeable about, and comply with, all applicable Federal, State and Local laws and regulations.
The Contractor is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the Contractor's originally proposed personnel and project organization, as depicted on the proposed Contractor's organization chart or the Contractor's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the Contractor's Cost Proposal not to exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
The Contractor's Contract Administrator shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of similar projects for local agencies.
In addition to other specified responsibilities, the Contractor's Project Administrator shall be responsible for all matters related to the Contractor's personnel, subcontractors, and Contractor's and subcontractors' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the Contractor's and subcontractors' personnel.
RFP On-Call Tree Maintenance Page 4 of 19
86 c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for Contractor personnel and ensuring appropriate actions taken for subcontractors' personnel.
e. Maintaining and submitting organized project files for record tracking and auditing. f. Assuring that all applicable safety measures are in place. g. Providing invoices in a timely manner and providing monthly contract expenditures. h. Reviewing invoices for accuracy and completion before billing to City.
1. Managing subcontractors.
j. Managing overall budget for Contract and provide report to the City Contract Administrator.
k. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.
I. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
DELIVERABLES
As agreed upon by the City and Contractor in a Task Order for each project.
SCHEDULE
As agreed upon by the City and Contractor in a Task Order for each project.
METHOD OF PAYMENT
Contractor shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and Contractor in a Task Order for each project. Contractor shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONTRACTOR
Unless otherwise specified, the Contractor shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.
INSURANCE REQUIREMENTS
Before the City executes an Agreement for services, Contractor shall provide a certificate of insurance evidencing the following:
• Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
• General Liabilit Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an RFP On-Call Tree Maintenance Page 5 of 19
87 endorsement providing completed operations to the additional insured, ISO form CG 20 3 7, is also required.
• Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
• Each liability insurance certificate shall state that coverage afforded therein is primary and shall bear endorsements that provide the City be given at least 30 days written notice before any material change or cancellation of such policy, for any reason.
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88 EXHIBIT A- SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the proposals by all Contractors. The intent of these guidelines is to assist Contractors in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.
Proposal's shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Soknirom Than P .E., Public Works Director/City Engineer 411 Madison Ave
Los Banos, CA 93635
The letter shall be on Contractor's letterhead and include the Contractor's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Contractor's understanding of the services being requested and any other pertinent information the Contractor believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be signed by the individual authorized to bind the Contractor to the proposal.
2. Contractor Information, Qualifications & Experience
The City will only consider submittals from Contractors that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:
1. Contracting agency
2. Contracting agency Project Administrator/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Contractor Project Administrator and contact information
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Contractor. Key members, especially the Project Administrator, shall have significant demonstrated experience with RFP On-Call Tree Maintenance Page 7 of 19
89 this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the Contractor's Project Administrator and project staff have sufficient availability and/or that Contractor has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:
• Project Description
• Year of Completion
• Construction Cost (or Contractor cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the Contractor shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Contractor shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a Contractor discovers a conflict during the execution of an assigned task order, the Contractor must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the Contractor to notify the City Contract Administrator may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing Contractor was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing Contractor has any issues or needed changes to the proposed contract agreement included as Exhibit E.
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90 The Contractor shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
The Request for Proposal includes a Fee Schedule which identifies the scope of work through task to be completed. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
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91 EXIDBIT B-PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.
The selection process may include oral interviews. The proposer will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than three proposals, the City may opt to not conduct an oral interview.
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to fivepoint rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points. 0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.
1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving pro ject objectives per RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification.
The Contractor determined to be the most qualified, in the City's sole discretion, shall be based on the following I 00 point grading system:
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92 1. Completeness of Response (10 points)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, points will be deducted for each item considered incomplete.
2. Qualifications & Experience (20 points)
a. Relevant experience, specific qualifications, and technical expertise of the Contractor to perform on-call tree maintenance services.
b. Contractor demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. c. Contractor demonstrates successful completion of said projects. d. Contractor is familiar with City standards and procedures.
3. Organization & Approach (30 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
1. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s).
m. Overall organization of the team is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project.
11. Team successfully addresses project planning.
iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed on an on-call basis.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decisionmaking process. iii. Proposal responds to need to assist City during the project.
4. Staff Availability (10 points)
a. Contractor demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely complete assigned task orders.
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93 5. Proposal Format (10 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.
6. References (20 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
7. Fee Schedule/Fee Schedule Summary (Pass/Fail)
8. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
9. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
Weighted scores for each Proposal will be assigned utilizing the table below:
No. Evaluation Criteria Rating Weight Score
(0-5) (Rating*
Wei2ht)
1 Completeness of Response 10
2 Qualifications & Experience 20
3 Organization & Approach 30
5 Staff Availability 10
6 Proposal Format 10
7 References 20
8 Fee Schedule/Fee Schedule Summary Pass/Fail
Total: 100
9 Presentation by Team 10
10 Q&A Response to Panel Questions 15
Total: 125
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94 EXHIBIT C - SERVICES
The purpose of this tree maintenance contract is to provide the City of Los Banos with the best possible tree care to maintain the City's trees at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected firrn(s) will work closely with City staff to ensure the most appropriate care and maintenance of the City's tree inventory within those selected areas.
For a list of City Tree Inventory, visit the website below:
https :/ /p!!-cloud.com/LosBanosCA/
OBJECTIVE/SCOPE OF SERVICES
The Contractor shall provide the highest quality of tree pruning, removal and maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal, and maintenance consistent with the International Society of Arboriculture Pruning Standards Best Management Practices (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers, and tree worker crews to provide tree pruning, removal, and maintenance activities that comply with this scope of services. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in this document in a safe, efficient, and legal manner.
The Contractor shall provide fee schedule to the City for the following work descriptions that will be used during the contract period by the City and the Contractor for the various site locations.
A. Tree Pruning: Tree pruning removal and maintenance services shall be performed according to the most current editions of the following benchmark standards:
I. American National Standards Institute (ANSI) A300 Part I Pruning Standards
2. ANSI Z133 Safety Standards
3. ISA Best Management Practices: Tree Pruning
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
• Improve structural strength and reduce failure potential. • Provide clearance for pedestrians, vehicles, structures and low voltage utilities. • Improve safety and security for residents and visitors. • Repair structural damage from wind loading.
• Improve aesthetic characteristics.
• Reduce maintenance costs.
• Prevent or mitigate a pest problem.
• Remove rubbing limbs, crossing limbs, mistletoe and limbs out of balance.
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95 Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during the course of trimming shall be reported to the City's designated representative for determination of action, as soon as it is discovered.
Clearance pruning shall be defined as to provide the following distances:
• Roadway - not less than 14' from road surfaces.
• Sidewalk - not less than 12' from sidewalk surfaces.
• Building - not less than 6' from vertical building surfaces. • Roofs and Streetlights - not less than 6' from roofs or street lamps. • Utility and Telecom Drop Lines - not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires.
B. Tree Removal: The Contractor shall remove trees deemed necessary for removal by the City or as recommended by the Contractor's Certified Arborist, with concurrence by the City.
I. Felling of trees larger than 12" DBH shall not be permitted. All trees shall be limbed out using appropriate rigging techniques to protect public safety and prevent unnecessary damage to surrounding turf, trees, shrubs, and landscape plantings. Sidewalks, curbs, streets, manhole structures, and associated hardscape shall be protected from the impact of falling wood. Any and all damage to public or private property shall be reported to the City's designated representative immediately.
2. Stump removal consists of the removal of the tree root crown and tree roots to a depth of 18" or until roots are no longer encountered and distances of at least 24" from the outer circumference of the tree stump or until roots are no longer encountered. The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact 811 USA prior to stump grinding.
3. All work shall comply with ANSI Z133 safety standards.
C. Job Performance Requirements:
I. Debris and Chip Disposal: The Contractor is responsible for the disposal of all logs, limbs, chips, and debris generated by work described.
2. Access: Bucket/chipper truck access is limited to park service roads, parking lots, and public streets. Operation of equipment "off-road" will require, at minimum, ¾" plywood planking to prevent soil compaction. Contractor shall notify property owner in writing of intent to access private property to cut overhanging limbs a minimum of 5 days in advance.
3. Site Clean-Up: The site should be restored, as close as reasonably practical, to conditions existing prior to work commencing. The Contractor shall chip all trees limbs and tree debris from sites and dispose of debris. The Contractor shall clean up the site and remove and dispose of all debris at the end of each day's operation. Limbs and trunks temporarily placed in the park areas shall be placed in such a manner as to eliminate any obstruction to motor vehicles and/or pedestrians. Logs left lying on the ground awaiting pick-up shall be sufficiently blocked to prevent movement. Site cleanup shall include removal of sawdust, small twigs, chips, leaves, trunks, and limbs from the street, curb, parkway, sidewalk, lawn areas, and driveways with appropriate tools for the job.
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96 4. Protection of Property: The Contractor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, lawns, curbs, walks, or other real and/or personal property. Holes or ruts made in the lawn, regardless of size, shall be filled with sandy loam soil and seeded with a turf grass lawn seed mix. Vegetation surrounding a tree marked for removal/pruning shall be disturbed as little as possible. Any vehicle which may interfere with the work shall be moved by the owner of the vehicle. If a vehicle impeded the start of work the Contractor shall attempt to notify the owner of the vehicle no less than three (3) documented times, over a (3) day period (once per day, minimum). If the owner of the vehicle cannot be notified, the Contractor must notify the City of the failed notification attempts.
5. Repairs and Corrective Actions: Contractor shall communicate to the City Representative any tree maintenance and non-tree maintenance related hazards encountered while on site. Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City's Representative will be prioritized dependent on each request after notification to the City. Immediate response may be necessary. Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense as soon as possible. Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City's Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location.
6. Safety Standards: All equipment to be used and all work to be performed to meet accepted current applicable industry standards for safe practices; and Contractor agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Zl33 Safety Requirements, and CAL E.P.A. Safety Orders at all times so as to protect all person, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. All damages to vehicles, property, as well as injuries to pedestrians shall be reported to the Parks and Recreation Operations Manager or his designee within one (1) hour of occurrence. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence. a. Sound and Vibration Control Requirements: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor.
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97 Blocking of public streets shall not be permitted unless prior arrangements have been made with the City or its representatives. The Contractor shall provide adequate barricades, flag person(s), signs and/or warning devices during the performance of the Contract to protect the motorists and pedestrians. All placements of cones, signs, and barricades must conform to the current Manual on Uniform Traffic Control Devices.
Yell ow flashing lights mounted on a vehicle shall not be deemed as sufficient or adequate protection.
7. Work Hours: Between 7:30 a.m. and 5:00 p.m., Monday through Friday. Work on Weekends and Holidays are not allowed unless it is deemed an emergency and Weekend Work has been coordinated and approved by the City. Any other exception shall only be authorized with prior approval of the City Representative.
8. Construction Yard: It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works. When storage sites are to be located upon private property, the Contractor shall be required to submit to the Director of Public Works, written approval from the record owner authorizing the use of the property by the Contractor.
D. General Information:
1. Examination of Sites: All interested parties should inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered and all other relevant matters concerning the work to be performed under this contact.
The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters of concern which the Contractor did not inform himself prior to bidding. The successful Contractor must employ, so far as possible, such methods and means that will not cause any interruption of interference with any other contractor.
2. Starting and Completion Requirements: Work shall begin under contract within two weeks of the date of notice to proceed. All contract work shall be completed by a date agreed upon by both parties for each task order. The Contractor shall not be entitled to any claims against the City for damages from any cause whatsoever in the progress of the work or any portion thereof.
The Contractor is to leave a tree care brochure/door hanger at residential location; brochure/door hanger to be furnished by the City.
3. Certified Arborist: It is the preference of the City that all work be performed under the general supervision by an International Society of Arboriculture (ISA) Certified Arborist for the duration of the project. It is highly desirable that the crew supervisor be a current ISA-Certified Arborist. All Certified Arborists names and certification number(s) must be included in the proposal document to be considered for this project. Any change in the status of the "certified" individual(s) during the life of this contract must be reported to the City at the time of occurrence. All certification numbers will be verified through ISA's office. Failure to have a certified arborist on staff at all times could result in termination of this contract.
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98 a. Consultation: The Contractor shall designate at least one certified Arborist in their organization who shall be available periodically to the City for consultation. Any one of the following ISA credentials are acceptable for this requirement: Arborist, Arborist Utility Specialist, Arborist Municipal Specialist, Board-Certified Master Arborist. This consultation may include requests for analysis and feedback on the health of trees, suitability of species for an existing or proposed location or purpose, or planning recommendations for future street or park tree design. Compensation for scheduled or emergency consultation services shall be paid at the hourly labor rates in accordance with the Cost Proposal as appropriate included in this Solicitation and completed and returned by the Contractor in its Proposal.
4. Licensing, Certification and Labor: All firms submitting proposals must hold a valid State California C-61 and D-49 Contractor's License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.
E. Unscheduled Service
The Contractor will also provide, if required by the City, unscheduled tree pruning. The City will provide at least 24-hour notice for unscheduled pruning. Crew and equipment shall consist of 2 workers, 1 of which is an arborist, truck, and chipper plus all necessary pruning tools. The City may increase or decrease the quantity of these services at fee schedule provided in Exhibit D.
F. Emergency Service
The Contractor will also respond to emergency calls for service at any and all times day or night during the term of this agreement within (3) hours of being notified. Crew and equipment shall consist of 2 workers, 1 of which is an arborist, truck, and chipper, plus all necessary pruning tools.
1. Emergency response: The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
2. Emergency Work: In the event that emergency work is required, the Contractor shall notify the Director of Public Works or representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed.
3. Emergency Personnel: In situations involving an emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within three (3) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to accomplish the necessary work.
The Contractor shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Contractor for twenty-four (24) hour emergency response. The abovementioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.
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99 EXHIBIT D - FEE SCHEDULE
Contractor Rate Schedule:
The rate for any authorized services is shown below:
Company Name: _ ____________________ ______ _
ITEM GENERAL DE RIPTION UNIT fST EAR (2023)
I LABORER RATE
2 MAINTENANCE WORKER RA TE
3 SUPERVISOR RA TE
4 SPECIALITY EQUIPMENT RA TE
(PROVIDE LIST ON A SEP ARA TE SHEET)
5 CERTIFIED ARBORIST RATE
The compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) on an annual basis - Urban Wage Earners and Clerical Works for the San Francisco - Oakland - Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 5%. The contractor must submit a request for CPI adjustment/increase at least 30 days prior to the expiration of effective CPI, otherwise the contractor will forgo the said adjustment. The first request for adjustment is due 3/29/2024.
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100
EXHIBIT E - SAMPLE CONTRACT AGREEMENT
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101
EXHIBIT B - FEE SCHEDULE
Contractor, Rate Schedule:
The rate for any authorized services is shown below:
Company Name: West Coast Arborists, Inc.
y;-:.:r:ir~~- -;-1~•T:c-•cr-'J: ;:--;·--- .-=1r:·--~~- ~. •tf._,~~ ~ ,- -!,;:,~_:- ,_.j -,_;~.;,,,.-•A• 1~ ~ '_ •._. - I ~-- . I ~~~--~--~----- -- _, - - - -
1 LABORER RA TE Man Hour
2 MAINTENANCE WORKER RATE Man Hour
3 SUPERVISOR RA TE Man Hour
4 SPECIALITY EQUIPMENT RATE
Hour (PROVIDE LIST ON A SEPARATE SHEET) *See below
5 CERTIFIED ARBORIST RATE Hour
1' . - - 7 - - - - -_..1
$109.00
$109.00
$109.00
$150.00
$174.00
The compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) on an annual basis - Urban Wage Earners and Clerical Works for the San Francisco - Oakland - Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 5%. The contractor must submit a request for CPI adjustment/increase at least 30 days prior to the expiration of effective CPI, otherwise the contractor will forgo the said adjustment. The first request for adjustment is due 3/29/2024. *Specialty Equipment (Excludes Operator):
-Crane
-Loader & Roll Off Truck
-90ft Aerial Tower
COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district, public authority, public agency, and other political sub-division of the State of California) and/or other City departments shall have the option to participate in any agreement created because of this Request for Proposal with the same terms and conditions as to the price of the product and/or service. The City shall incur no financial responsibility in connection with a purchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City and Contractor shall accept sole responsibility for negotiating, placing orders, and making payment to Contractor. The Contractor may or may not agree to the cooperative purchasing clause. It is understood that not all terms, conditions, or scope of work from one agency contract for tree maintenance may not be fully acceptable to another agency. Agencies may modify specific items for the purpose of making the agreement acceptable and agreeable.
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102
CITY OF LOS BANOS
AGREEMENT FOR ON CALL TREE MAINTENANCE SERVICES
A PLUS TREE, LLC
This Agreement is made and entered into this _ day of -----~ 2023 by and between the City of Los Banos a California corporation, ("City") and A Plus Tree, LLC ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS.
A. WHEREAS, City is in need of On Call Tree Maintenance Services as described herein below;
B. WHEREAS, City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to utilize Contractor to perform and assume responsibility for the provision of On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement; C. WHEREAS, Contractor desires to perform and assume responsibility for the provision of certain On Call Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement;
D. WHEREAS, Contractor represents that it is experienced in providing tree maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans, specifications, and requirements of City; and E. WHEREAS, no official or employee of City has a financial interest,· within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall be from June 22, 2023 to June 30, 2028 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.
2. Scope of Work. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the ON-CALL TREE MAINTENANCE SERVICES ("Services" or "Work"). 103
The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement; the Exhibits attached hereto and incorporated herein by reference; the City's Request for Proposals for On-Call Tree Maintenance Services issued on May 8, 2023 and incorporated herein by this reference; and all applicable local, state and federal laws, rules and regulations.
2.1. All work prepared by Contractor shall be subject to the approval of City.
2.2. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3. Task Orders. Specific projects will be assigned to Contractor through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 3.
3.1. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Contractor for review. Contractor shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including itemized detail of the basis for the total dollar amount of Contractor's Cost Estimate. Except as otherwise agreed to by the parties, Contractor's Cost Estimate, shall be in accordance with the Payment Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
3.2. After agreement has been reached on any negotiable items and total cost; the finalized Task Order shall be signed by both the City and Contractor. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City. Contractor understands and agrees that the City does not guarantee or have an obligation to approve any proposal for tree maintenance requested by City during the Initial Term of Agreement or the duration of any approved contract extensions.
3.3. Contractor shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.
4. Compensation. Except as otherwise agreed to by the parties, City shall pay Contractor for the services in accordance with the provisions of this Section and the Cost Estimate submitted by Contractor and negotiated and agreed to by the parties for each individual Task Order. 104
4.1. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.2. Contractor shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Contractor is billing, or upon completion of the Task Order.
Contractor's bills shall identify the specific Task Order, include a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos,
Nirorn Than, P .E., Public Works Director/City Engineer 411 Madison A venue,
Los Banos, CA 93635
4.3. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
4.4. Contractor shall not be reimbursed for any additional expenses unless authorized in writing by City.
4.5. If the Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
4.6. Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Payment Schedule set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
4.7. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-contractor fees, shall not exceed $250,000.00 per year during the term of this Agreement.
4.8. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as 105
defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. Time of Performance.
5 .1 . Time is of the essence in the performance of services under this Agreement and Contractor shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Contractor to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowled'ged and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
5.2. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
5.3. The Contractor shall allocate appropriate resources to respond to the City's requests in the following order:
(A) Emergency Response (24 hours response time).
This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in twenty-four (24) hours or less from the time of notification. Examples of a situation that would require an emergency response include, but not limited to, temporary lane striping in paint for emergency lane closure, temporary intersection control striping in paint (stop bar, stop legend, and other delineations), and temporary traffic control support for City Emergency Operations. The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day. This telephone number shall be made available to the City's Public Works Department and the City's Representative. The Contractor shall make IMMEDIATE maintenance calls when notified by the City and informed that the call is an emergency. In no instance shall the response time to an emergency call exceed twenty-four (24) hours from the time of notification. 106
(B) Standard High Priority Response (5 business days response time).
This item is considered high priority, but not an immediate safety concerns.
Maintenance and repair requests made on a high priority basis shall be responded to within 5 business days of the notification. High priority items will be determined by the City Engineer or his/her representative.
(C) Standard Response (10 business days response time).
This item is considered important, but not an immediate safety concerns. Maintenance and repair requests made on a regular basis shall be responded to within 10 business days of the notification. In no event will regular response work be considered overtime without prior approval of the City's Representative or his/her authorized agent.
6. Responsibilities of Contractor.
6.1. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
6.2. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
6.3. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. 107
Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom.
6.4. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
6.5. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in this Agreement.
6.6. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' 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.
6.7. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any sub consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
6.8. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
6.9. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such 108
authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
7. Representative.
7 .1 The City hereby designates Joe Heim, Parks and Recreation Operations Manager or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
7.2 Contractor's Representative. Contractor hereby designates Chris Mazzera, Executive Director, Field Operations or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
8 Indemnification.
8.1. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. Insurance.
9 .1. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and, in a form, satisfactory to City. -
(A) Certi/zcates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or 109
issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
(B) Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
(C) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
(D) Minimum Coverage Requirements.
i. Workers' Compensation and Employers' Liability Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. iii Automobile Liability Coverae:e. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy
(E) Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. 110
Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days ( 10 calendar days written notice of non-payment of premium) written notice has been received by City.
9.2. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
9.3. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subcontractor's policies.
9.4. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
9.5 Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
10. Termination of Agreement.
I 0.1. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 111
10.2. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen ( 15) days of the request.
10.3. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11. General Provisions.
11.1 . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Attn: Chris Mazzera
A Plus Tree, LLC
985 Walnut Ave.
Vallejo, CA 94592
CITY:
Attn: Nirorn Than, P.E.
City of Los Banos
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
11.2. This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.
11.3. Time is of the essence for each and every provision of this Agreement.
11.4. City reserves right to employ other contractors in connection with this Project.
11.5. This Agreement shall be binding on the successors and assigns of the parties. 112
11.6. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
11. 7. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
11.8. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
11.9. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11. l 0. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
11.11. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
11.12. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
11.13. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
11.14. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.15. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 113
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
A PLUS TREE, LLC
by: Chris Mazzera
Executive Director, Field Operations
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
City Manger
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Exhibit A
LOsBanos
At tl1c Crossroads o.f California
REQUEST FOR PROPOSALS
for
ON-CALL TREE MAINTENANCE
Date Released: May 8, 2023
Questions with regard to submissions, process, or proposals can be emailed to:
Soknirom Than, P .E.
Public Works Director/City Engineer
[email protected]
Proposals must be received prior to 2:00 P.M June 6, 2023 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www .losbanos.org
115
TABLE OF CONTENTS
Request for Proposal
On-Call Tree Maintenance
Request for Proposal ....................................................................................................... 1 Project Description .......................................................................................................... 3 Background
Scope of Work
Additional Services
Cost Proposal
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Contractor
Insurance Requirements
Exhibit A: Submittal Requirements ................................................................................ 7 Exhibit B: Proposal Evaluation ..................................................................................... 10 Exhibit C: Services .... .... ... ...... .......................................................................... 13 Exhibit D: Fee Schedule ................. ............. . ...................................................... 18 Exhibit E: Sample Contract Agreement ..... .............................................................. 19 116
NOTICE
Request for Proposals
For
On-Call Tree Maintenance
NOTICE IS HEREBY GIVEN that the City of Los Banos is seeking proposals from qualified arborist/tree service companies to provide maintenance services for Citywide Tree Maintenance. The work includes on-call time and material citywide tree maintenance services that shall include, but are not limited to, tree pruning, tree removal, and stump removal and grinding.
The City intends to award up to three (3) arborist/tree service companies; however, the exact number will be determined depending on the quality, diversity and responsiveness of the proposals received. Total amount payable to the Contractor shall not exceed $250,000 per year. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2028.
All qualified Contractors interested in providing these services are invited to submit their proposals. The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal. A valid State California C-61 and D-49 Contractor's License is required with the proposal.
It shall be the Contractor's responsibility to check the City of Los Banos' website (www.Iosbanos.org) to obtain any addenda that may be issued.
The Contractor's attention is directed to Exhibit A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Contractor's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 P.M. PDT on June 6, 2023. Proposals shall be submitted in a sealed package clearly marked "On-Call Tree Maintenance" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking Contractors in order to make a final selection. The successful Contractor(s) will be recommended to the City Council for authorization to enter into a Professional Services Agreement to provide on-call tree maintenance services for the City of Los Banos.
Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Contractor is solely responsible for all costs related to the preparation of the proposal.
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The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the Contractor who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
The City intends to follow, but will not be bound by, the following selection timeline:
Release of Advertisement of RFP 05/08/2023
Deadline to Submit Questions/Clarifications 5:00P.M. 05/23/2023 Addendum/Questions/Clarifications Posted 5:00P.M. 05/30/2023 Deadline for Proposal Submittal 2:00P.M. 06/06/2023
Award Date Tentatively 06/21/2023
Any questions with regard to submissions, process, or proposals can be emailed to Soknirom Than, Public Works Director/City Engineer at [email protected]. Questions shall be submitted before 5 :00 P.M. PST on May 23, 2023. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.om no later than 5:00 P.M. PST on May 30, 2023 and if necessary, shall become a part of the proposal as an addendum.
The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www .losbanos.org.
No oral questions or inquiries about the RFP shall be accepted.
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PROJECT DESCRIPTION
The City of Los Banos (herein referred to as "City") is seeking a qualified contractor (herein referred to as "Contractor") to provide on-call tree maintenance services. Task Orders may include, but are not limited to the removal, trimming, and replacement of trees throughout the city on an as-needed basis. The project is estimated not to exceed $250,000 annually for a period ending June 30, 2028 with an optional two one-year extension.
The intent of this RFP is to evaluate each interested Contractor specific qualifications, experiences, and select the best-qualified Contractor(s). In addition, all interested Contractors shall have sufficient, readily available resources in the form of trained personnel, support services, specialized Contractors and financial resources to carry out the work without delay or shortcomings. The work will be performed according to the attached Agreement for Services.
The city intends to award a contract to up to three successful Contractors for the services proposed by that Contractor. However, all contracts are subject to approval by the Los Banos City Council, and the city reserves the right to not award any such contract at the discretion of the Council.
BACKGROUND
The City primarily utilize city staff to perform routine tree maintenance. Due to a significant and complex amount of work that needs to be completed, the City is looking to retain a contractor(s) to provide on-call tree maintenance services.
The work may consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and updating inventory of trees, as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day.
In February 2021, the city hired a consultant to conduct a City Tree Inventory, which can be found utilizing the following link: https://pg-cloud.com/LosBanosCA/
SCOPE OF WORK
The services and required Tasks for this RFP can be found in Exhibit C, "Services."
ADDITIONAL SERVICES
The need for additional type services may be required during the term of the contract. The interested Contractor shall submit a fee schedule for key staff which may be directly involved in work outside of the scope of services above. This fee schedule shall be on an hourly basis.
COST PROPOSAL
The Contractor is to prepare the Fee Schedule attached in Exhibit D based on the tasks as listed in the scope of work based on personnel hourly rate.
TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Contractor to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the RFP On-Call Tree Maintenance Page 3 of 19
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Contractor to establish the maximum fee, including expenses, for the specific project and the completion date.
Pursuant to an authorized Task Order, the Contractor shall provide all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Contractor's services and work product. The Contractor is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.
The potential projects may vary in scope and size, and may encompass any type of tree services.
The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The Contractor shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.
The Contractor shall maintain a set of project files that shall be provided to the City upon request.
The Contractor shall have the ability to respond in a timely and cost-efficient manner to City requests.
GENERAL PERSONNEL REQUIREMENTS
The Contractor's personnel shall be capable, competent, and experienced in performing the types of work in the Contract with minimal instruction. Personnel skill levels should match the specific job classifications, as set forth herein or in the Contractor's Cost Proposal and task complexity.
The Contractor's personnel shall be knowledgeable about, and comply with, all applicable Federal, State and Local laws and regulations.
The Contractor is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the Contractor's originally proposed personnel and project organization, as depicted on the proposed Contractor's organization chart or the Contractor's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the Contractor's Cost Proposal not to exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
The Contractor's Contract Administrator shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of similar projects for local agencies.
In addition to other specified responsibilities, the Contractor's Project Administrator shall be responsible for all matters related to the Contractor's personnel, subcontractors, and Contractor's and subcontractors' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the Contractor's and subcontractors' personnel.
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c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for Contractor personnel and ensuring appropriate actions taken for subcontractors' personnel.
e. Maintaining and submitting organized project files for record tracking and auditing. f. Assuring that all applicable safety measures are in place. g. Providing invoices in a timely manner and providing monthly contract expenditures. h. Reviewing invoices for accuracy and completion before billing to City.
1. Managing subcontractors.
J. Managing overall budget for Contract and provide report to the City Contract Administrator.
k. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.
1. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
DELIVERABLES
As agreed upon by the City and Contractor in a Task Order for each project.
SCHEDULE
As agreed upon by the City and Contractor in a Task Order for each project.
METHOD OF PAYMENT
Contractor shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and Contractor in a Task Order for each project. Contractor shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONTRACTOR
Unless otherwise specified, the Contractor shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.
INSURANCE REQUIREMENTS
Before the City executes an Agreement for services, Contractor shall provide a certificate of insurance evidencing the following:
• Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
• General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an RFP On-Call Tree Maintenance Page 5 of 19
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endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
• Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
• Each liability insurance certificate shall state that coverage afforded therein is primary and shall bear endorsements that provide the City be given at least 30 days written notice before any material change or cancellation of such policy, for any reason.
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EXillBIT A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the proposals by all Contractors. The intent of these guidelines is to assist Contractors in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.
Proposal's shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Soknirom Than P.E., Public Works Director/City Engineer 411 Madison Ave
Los Banos, CA 93635
The letter shall be on Contractor's letterhead and include the Contractor's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Contractor's understanding of the services being requested and any other pertinent information the Contractor believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be signed by the individual authorized to bind the Contractor to the proposal.
2. Contractor Information, Qualifications & Experience
The City will only consider submittals from Contractors that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:
1. Contracting agency
2. Contracting agency Project Administrator/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Contractor Project Administrator and contact information
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Contractor. Key members, especially the Project Administrator, shall have significant demonstrated experience with RFP On-Call Tree Maintenance Page 7 of 19
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this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the Contractor's Project Administrator and project staff have sufficient availability and/or that Contractor has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:
• Project Description
• Year of Completion
• Construction Cost (or Contractor cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the Contractor shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Contractor shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a Contractor discovers a conflict during the execution of an assigned task order, the Contractor must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the Contractor to notify the City Contract Administrator may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing Contractor was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing Contractor has any issues or needed changes to the proposed contract agreement included as Exhibit E.
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The Contractor shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
The Request for Proposal includes a Fee Schedule which identifies the scope of work through task to be completed. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Contractor shall not include this cost proposal in the USB as an electronic file.
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EXHIBIT B-PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.
The selection process may include oral interviews. The proposer will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than three proposals, the City may opt to not conduct an oral interview.
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to fivepoint rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points. 0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.
1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achievinp, all objectives and meeting RFP specification.
The Contractor determined to be the most qualified, in the City's sole discretion, shall be based on the following 100 point grading system:
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1. Completeness of Response (10 points)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, points will be deducted for each item considered incomplete.
2. Qualifications & Experience (20 points)
a. Relevant experience, specific qualifications, and technical expertise of the Contractor to perform on-call tree maintenance services.
b. Contractor demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. c. Contractor demonstrates successful completion of said projects. d. Contractor is familiar with City standards and procedures.
3. Organization & Approach (30 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team.
11. Some or all of team members have previously worked together on similar project(s).
m. Overall organization of the team is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project. ii. Team successfully addresses project planning.
m. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed on an on-call basis.
d. Roles of Key Individuals on the Team
1. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
11. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
1. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
11. Team leadership understands the nature of public sector work and its decisionmaking process. iii. Proposal responds to need to assist City during the project.
4. Staff Availability (10 points)
a. Contractor demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely complete assigned task orders.
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5. Proposal Format (10 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.
6. References (20 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
7. Fee Schedule/Fee Schedule Summary (Pass/Fail)
8. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
9. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
Weighted scores for each Proposal will be assigned utilizing the table below:
No. Evaluation Criteria Rating Weight Score
(0-5) (Rating*
Wei2ht)
I Completeness of Response 10
2 Qualifications & Experience 20
3 Organization & Approach 30
5 Staff Availability IO
6 Proposal Format IO
7 References 20
8 Fee Schedule/Fee Schedule Summary Pass/Fail
Total: 100
9 Presentation by Team 10
10 Q&A Response to Panel Questions 15
Total: 125
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EXIDBIT C - SERVICES
The purpose of this tree maintenance contract is to provide the City of Los Banos with the best possible tree care to maintain the City's trees at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected firm(s) will work closely with City staff to ensure the most appropriate care and maintenance of the City's tree inventory within those selected areas.
For a list of City Tree Inventory, visit the website below:
https://pg-cloud.com/LosBanosCA/
OBJECTIVE/SCOPE OF SERVICES
The Contractor shall provide the highest quality of tree pruning, removal and maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal, and maintenance consistent with the International Society of Arboriculture Pruning Standards Best Management Practices (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers, and tree worker crews to provide tree pruning, removal, and maintenance activities that comply with this scope of services. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in this document in a safe, efficient, and legal manner.
The Contractor shall provide fee schedule to the City for the following work descriptions that will be used during the contract period by the City and the Contractor for the various site locations.
A. Tree Pruning: Tree pruning removal and maintenance services shall be performed according to the most current editions of the following benchmark standards:
1. American National Standards Institute (ANSI) A300 Part 1 Pruning Standards
2. ANSI Z 133 Safety Standards
3. ISA Best Management Practices: Tree Pruning
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
• Improve structural strength and reduce failure potential. • Provide clearance for pedestrians, vehicles, structures and low voltage utilities. • Improve safety and security for residents and visitors. • Repair structural damage from wind loading.
• Improve aesthetic characteristics.
• Reduce maintenance costs.
• Prevent or mitigate a pest problem.
• Remove rubbing limbs, crossing limbs, mistletoe and limbs out of balance.
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Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during the course of trimming shall be reported to the City's designated representative for determination of action, as soon as it is discovered.
Clearance pruning shall be defined as to provide the following distances:
• Roadway - not less than 14' from road surfaces.
• Sidewalk - not less than 12' from sidewalk surfaces.
• Building - not less than 6' from vertical building surfaces. • Roofs and Streetlights - not less than 6' from roofs or street lamps. • Utility and Telecom Drop Lines - not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires.
B. Tree Removal: The Contractor shall remove trees deemed necessary for removal by the City or as recommended by the Contractor's Certified Arborist, with concurrence by the City.
1. Felling of trees larger than 12" DBH shall not be permitted. All trees shall be limbed out using appropriate rigging techniques to protect public safety and prevent unnecessary damage to surrounding turf, trees, shrubs, and landscape plantings. Sidewalks, curbs, streets, manhole structures, and associated hardscape shall be protected from the impact of falling wood. Any and all damage to public or private property shall be reported to the City's designated representative immediately.
2. Stump removal consists of the removal of the tree root crown and tree roots to a depth of 18" or until roots are no longer encountered and distances of at least 24" from the outer circumference of the tree stump or until roots are no longer encountered. The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact 811 USA prior to stump grinding.
3. All work shall comply with ANSI Zl33 safety standards.
C. Job Performance Requirements:
1. Debris and Chip Disposal: The Contractor is responsible for the disposal of all logs, limbs, chips, and debris generated by work described.
2. Access: Bucket/chipper truck access is limited to park service roads, parking lots, and public streets. Operation of equipment "off-road" will require, at minimum, ¾" plywood planking to prevent soil compaction. Contractor shall notify property owner in writing of intent to access private property to cut overhanging limbs a minimum of 5 days in advance.
3. Site Clean-Up: The site should be restored, as close as reasonably practical, to conditions existing prior to work commencing. The Contractor shall chip all trees limbs and tree debris from sites and dispose of debris. The Contractor shall clean up the site and remove and dispose of all debris at the end of each day's operation. Limbs and trunks temporarily placed in the park areas shall be placed in such a manner as to eliminate any obstruction to motor vehicles and/or pedestrians. Logs left lying on the ground awaiting pick-up shall be sufficiently blocked to prevent movement. Site cleanup shall include removal of sawdust, small twigs, chips, leaves, trunks, and limbs from the street, curb, parkway, sidewalk, lawn areas, and driveways with appropriate tools for the job.
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4. Protection of Property: The Contractor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, lawns, curbs, walks, or other real and/or personal property. Holes or ruts made in the lawn, regardless of size, shall be filled with sandy loam soil and seeded with a turf grass lawn seed mix. Vegetation surrounding a tree marked for removal/pruning shall be disturbed as little as possible. Any vehicle which may interfere with the work shall be moved by the owner of the vehicle. If a vehicle impeded the start of work the Contractor shall attempt to notify the owner of the vehicle no less than three (3) documented times, over a (3) day period (once per day, minimum). If the owner of the vehicle cannot be notified, the Contractor must notify the City of the failed notification attempts.
5. Repairs and Corrective Actions: Contractor shall communicate to the City Representative any tree maintenance and non-tree maintenance related hazards encountered while on site. Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City's Representative will be prioritized dependent on each request after notification to the City. Immediate response may be necessary. Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense as soon as possible. Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City's Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location.
6. Safety Standards: All equipment to be used and all work to be performed to meet accepted current applicable industry standards for safe practices; and Contractor agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements, and CAL E.P.A. Safety Orders at all times so as to protect all person, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. All damages to vehicles, property, as well as injuries to pedestrians shall be reported to the Parks and Recreation Operations Manager or his designee within one (1) hour of occurrence. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence. a. Sound and Vibration Control Requirements: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor.
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Blocking of public streets shall not be permitted unless prior arrangements have been made with the City or its representatives. The Contractor shall provide adequate barricades, flag person(s), signs and/or warning devices during the performance of the Contract to protect the motorists and pedestrians. All placements of cones, signs, and barricades must conform to the current Manual on Uniform Traffic Control Devices.
Yell ow flashing lights mounted on a vehicle shall not be deemed as sufficient or adequate protection.
7. Work Hours: Between 7:30 a.m. and 5:00 p.m., Monday through Friday. Work on Weekends and Holidays are not allowed unless it is deemed an emergency and Weekend Work has been coordinated and approved by the City. Any other exception shall only be authorized with prior approval of the City Representative.
8. Construction Yard: It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works. When storage sites are to be located upon private property, the Contractor shall be required to submit to the Director of Public Works, written approval from the record owner authorizing the use of the property by the Contractor.
D. General Information:
1. Examination of Sites: All interested parties should inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered and all other relevant matters concerning the work to be performed under this contact.
The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters of concern which the Contractor did not inform himself prior to bidding. The successful Contractor must employ, so far as possible, such methods and means that will not cause any interruption of interference with any other contractor.
2. Starting and Completion Requirements: Work shall begin under contract within two weeks of the date of notice to proceed. All contract work shall be completed by a date agreed upon by both parties for each task order. The Contractor shall not be entitled to any claims against the City for damages from any cause whatsoever in the progress of the work or any portion thereof.
The Contractor is to leave a tree care brochure/door hanger at residential location; brochure/door hanger to be furnished by the City.
3. Certified Arborist: It is the preference of the City that all work be performed under the general supervision by an International Society of Arboriculture (ISA) Certified Arborist for the duration of the project. It is highly desirable that the crew supervisor be a current ISA-Certified Arborist. All Certified Arborists names and certification number(s) must be included in the proposal document to be considered for this project. Any change in the status of the "certified" individual(s) during the life of this contract must be reported to the City at the time of occurrence. All certification numbers will be verified through ISA's office. Failure to have a certified arborist on staff at all times could result in termination of this contract.
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a. Consultation: The Contractor shall designate at least one certified Arborist in their organization who shall be available periodically to the City for consultation. Any one of the following ISA credentials are acceptable for this requirement: Arborist, Arborist Utility Specialist, Arborist Municipal Specialist, Board-Certified Master Arborist. This consultation may include requests for analysis and feedback on the health of trees, suitability of species for an existing or proposed location or purpose, or planning recommendations for future street or park tree design. Compensation for scheduled or emergency consultation services shall be paid at the hourly labor rates in accordance with the Cost Proposal as appropriate included in this Solicitation and completed and returned by the Contractor in its Proposal.
4. Licensing, Certification and Labor: All firms submitting proposals must hold a valid State California C-61 and D-49 Contractor's License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.
E. Unscheduled Service
The Contractor will also provide, if required by the City, unscheduled tree pruning. The City will provide at least 24-hour notice for unscheduled pruning. Crew and equipment shall consist of 2 workers, I of which is an arborist, truck, and chipper plus all necessary pruning tools. The City may increase or decrease the quantity of these services at fee schedule provided in Exhibit D.
F. Emergency Service
The Contractor will also respond to emergency calls for service at any and all times day or night during the term of this agreement within (3) hours of being notified. Crew and equipment shall consist of 2 workers, I of which is an arborist, truck, and chipper, plus all necessary pruning tools.
1. Emergency response: The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
2. Emergency Work: In the event that emergency work is required, the Contractor shall notify the Director of Public Works or representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed.
3. Emergency Personnel: In situations involving an emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within three (3) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to accomplish the necessary work.
The Contractor shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Contractor for twenty-four (24) hour emergency response. The abovementioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.
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EXHIBIT D - FEE SCHEDULE
Contractor Rate Schedule:
The rate for any authorized services is shown below:
Company Name: ____________________ _____ __ _
ITEM GENERAL DE CRIPTJON UNIT 1 ST YEAR (2023)
1 LABORER RATE
2 MAINTENANCE WORKER RA TE
3 SUPERVISOR RA TE
4 SPECIALITY EQUIPMENT RA TE
(PROVIDE LIST ON A SEPARATE SHEET)
5 CERTIFIED ARBORIST RATE
The compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) on an annual basis - Urban Wage Earners and Clerical Works for the San Francisco - Oakland - Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 5%. The contractor must submit a request for CPI adjustment/increase at least 30 days prior to the expiration of effective CPI, otherwise the contractor will forgo the said adjustment. The first request for adjustment is due 3/29/2024.
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EXIDBIT E- SAMPLE CONTRACT AGREEMENT
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THIS PAGE IS INTENTIONALLY LEFT BLANK
136
Exhibit B - Fee Schedule
City of Los Banos
On-Call Tree Trimming and Maintenance Services
CONTRACTOR RATE SCHEDULE
The rate for any authorized services is shown below:
Company Name: A Plus Tree LLC
ITTM GENERAL DESCRJPTION UNIT JST YEAR (2023)
LABORER RATE Crew $600.00 I Unscheduled/Emergency Hour
MAINTENANCE WOllKER RATE
Scheduled/$1 OO.OO/man-3man Crew $300.00
2 crew assigned Hour
SUPERVISOR RA TE
Hour $95.00
3 SPECIALITY EQUIPMENT RA TE
(PROVIDE LIST ON A SEPARATE SHEEn Hour See List
4 CERTIFIED AJWORJST RA TE
Hour $95.00
s
See Detailed Rate sheet attached
9 137
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138
LOsBanos
At the Crossroads OJ c·Ci lifornia
Agenda Staff Report
TO: Mayor and City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Engineer June 21, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Place and B Street Intersection Traffic Impact Fee Reimbursement Recommendation:
qr_
That the City Council adopts the Resolution entering into the Project Reimbursement Agreement for traffic improvements between the City of Los Banos and the Los Banos Unified School District in the amount of $1,061,705.97 for the intersection improvements at Place Road and East B Street.
Discussion:
School District has requested reimbursement for TIF eligible intersection improvement for the intersection of Place Road and East B Street. The reimbursement is for the following:
a) Installation of a traffic signal of East B Street and Place Road b) Widen the intersection to include northbound right and left turn pockets, eastbound right turn pocket, and bicycle lane
a. Relocation of existing storm drain
b. Relocation of existing sewer pipes
c. Widen and reconstruct storm drain culvert headwalls
The School District submitted adequate documentation for expenses incurred for the above described improvements. After a review of documentation for these improvements, staff has verified the District's request.
ITEM 7E
139
This project has been accepted by the City on July 7, 2021 .
Fiscal Impact:
The Transportation Master Plan has identified this intersection and the associated improvements as TIF eligible project. Throughout the year, the City has collected a total of $132,458.57 in TIF fund for this intersection. The development of Grassland Elementary school has triggered the intersection improvements thus putting the construction responsibility on the School District. In addition to the signalization, intersection widening is also required. This widening also triggers the relocation of various utilities infrastructures as stated above, all of which are reimbursable. For this reason, the Collection fund (Fund 502) will contribute $173,481.60, while the remaining contribution will be from the Regional Transportation Impact Fee Fund ($755,765.80).
Attachments:
Resolution
The Project Reimbursement Agreement
Offsite Improvements Plan Sheet
2:hM FITTance Director
140
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS APPROVING THE PROJECT
REIMBURSEMENT AGREEMENT FOR TRAFFIC
IMPROVEMENTS BETWEEN THE CITY OF LOS BANOS
AND THE LOS BANOS UNIFIED SCHOOL DISTRICT FOR
THE INTERSECTION IMPROVEMENTS AT PLACE ROAD
AND EAST B STREET
WHEREAS, School District developed and constructed a primary school (Grasslands Elementary School) located at the northwest corner of East B Street and Place Road; and
WHEREAS, City of Los Banos Traffic Model and Transportation Master Plan (Dated May 5, 2010) identified the intersection of Place Road and East B Street (Intersection No. 21) to be a signalized intersection based on the Traffic Demand Model and growth projection; and
WHEREAS, the City required School District to construct intersectional improvements at the intersection of East B street and Place Road including but not limited to: installation of a traffic signal for the intersection of Place Road and B Street; intersection widening to include northbound right and left turn pockets, eastbound right turn pocket, and bicycle lane; relocation of existing storm and sewer pipes, and storm drain culvert headwall; (coltectively, the "Off-Site lntersectional Improvements"); and WHEREAS, School District has submitted and constructed an acceptable mitigation in compliance with the City of Los Banos Traffic Model and Transportation Master Plan; and
WHEREAS, on July 7, 2021 pursuant to Resolution 6383 the City accepted the Off-Site Improvements from the School District; and
WHEREAS, the Off-Site improvements are reimbursable under the City's Development Impact Fee program; and
WHEREAS, the City desires to reimburse School District for the costs it incurred in constructing the Off-Site Improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Project Reimbursement Agreement for traffic improvements between the City of Los Banos and the Los Banos Unified School District for the intersection improvements at Place Road and East B Street.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of June 2023, by Council Member __ _ 141
who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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DRAFT WAV 05.26.2023
REIMBURSEMENT AGREEMENT FOR TRAFFIC IMPROVEMENTS
BETWEEN THE CITY OF LOS BANOS AND THE
LOS BANOS UNIFIED SCHOOL DISTRICT
[Intersectional hnprovements at Place Road and East B Street] THIS REIMBURSEMENT AGREEMENT (this "Agreement") is entered into on this _ day of ___ , 2023 by and between the CITY OF LOS BANOS, a California municipal corporation (the "City") and the LOS BANOS UNIFIED SCHOOL DISTRICT, a California public school district ("District"). City and District are sometjmes referred to in this Agreement individually as "Party" and collectively as the "Parties." RECITAL~
WHEREAS, District developed and -'constructed a 'Rrirnary school (Grasslands Elementary School) located at the northwest comer of East B Street al\d Place Road; WHEREAS, City of Los Banos Traffic <¥od,el and, Trap.sportation Master Plan (Dated . . L - - May 5, 2010) identified the intersection of Place Rbc!d' and'East B Street (Inte~ection No. 21) to be a signalized intersection based o& the T'1'.~fic Demah!J Model and growth projection; WHEREAS, subject to applicabJe\ reimt,urs~ment, the City required District to construct intersectional improvements _at the interse,dion of"li~st-H Street,c!nd Place Road including but not limited to: installation , of 1:1 traffic signal for the 'intxrsection ,oJ Place Road and B Street; intersection wideniifg to include northbourtq. tight ~d left ttill). pockets, eastbound right tum pocket, and bicycle lap.e; relocation of existing st0tm and sewer pipes, and storm drain culvert headwall; (collectively, t4e •~off-Site Intersectio~ahJrnprovements"); WHEREAS, on July 7-,,)021 pursuclp.t to Re~glution 6383 the City accepted the Off-Site Intersectional Improvem:ents from the District~
W~REAS, the Off'l.-~ite Intets~ctional Improvements are reimbursable under the City's Development 1;mpact Fee program;
WHEREAS;,the City desirys to reimburse District for the costs it incurred in constructing the Off-Site Intersecti'oQ.al Improvements; and
WHEREAS, pursuant to the Engineer's Cost Estimate presented to the City by the District attached hereto as Exhibit A and by this reference made a part hereof, the cost to design and construct the improvements that is reimbursable to District is $1,061,705.97.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
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DRAFT WAV 05.26.2023
Section 1. Reimbursement Obligation: Within 30 days of approval of this Agreement by the parties City shall pay to District the sum of $1,061,705.97 as itemized in Exhibit A attached hereto and incorporated herein by this reference. District represents that Exhibit A accurately reflects the work perlorrned and the actual costs incurred by District in conjunction with the OffSite Intersectional Improvements for which it seeks reimbursement. Receipt and acceptance of payment by District pursuant to this Agreement shall constitute full and final compensation from the City for all work perlorrned by District, or its contractors, related to the Off-Site Intersectional Improvements. District shall not seek any other reimbursement from City related to the Off-Site Improvements.
Section 1.1. Source of Reimbursement: The source ot funds for the reimbursement payment is as follows: Wastewater Collections Fund (Fund 502-432) for a total of $173,481.60; Traffic Impact Fee Fund (230-430) for a total of $1~l,45/8'.~7';'Regional Transportation Impact Fee Fund (229-430) for a total of $755,765.80.
Section 2. Competitive Bidding. Distnct/warrants that it cmµplied with any applicable or mandatory competitive bidding requirement$ tn awarding the contra.et for_ construction of the Off-Site Intersectional Improvements in compliaq.c:e with alJ-applicable feQer&l, state and local laws. District shall be solely responsible for any ~d' aIVclajms, actions, ot-{iabjlity, including attorneys' fees, arising out of or ht conilec;:tion with 'Qistrj_ct's securing of bids and award and perlorrnance of the contract for the cop.stru~tibn of the Off~Site Intersectional Improvements.
Section 3. Prevailing Wage: D1:strict ackn9wledges a:rtQ agrees that the construction of the Off-Site Intersection.al Improvements \Was su9ject Jo pr~vaili{!,g wage rates as provided in Labor Code Section ·1720; et seq. ("State La,bor -Code''). District warrants that it complied and caused its contractor lo comply with all app'ljcal;>le State Labor Code requirements, including provisions requiring the'Rayment pf prevailing ~ages in connection with construction of the OffSite Intersectional Irnprove1_µents. ]2~trict shall 'Cfefend (with counsel reasonably acceptable to City) indemnify ant:! hold hatmless City anq Its deotEd officials, officers, agents, employees and contra~tors ( collectively" ''City 'R!lfties") from .:µid against any and all claims made by a third party or-parties arising out of District's obligation to comply with all State Labor Code and, -if applicable, _Davis-Bacon reti~itements ,Pertaining to public works and payment of prevailing wages in coh1;_1ection with th~ construction of the Off-Site Intersectional Improvements, as required pursuant to the immt\diately preceding paragraph, and indemnify and hold harmless City and City Part'i~s with respect to all liabilities, costs and damages in connection therewith (including attorneys' I~es anilcosts), including final judgments or settlements in actions brought by any "contractor" in wilcich City is (i) determined to be an "awarding body" and (ii) damages are awarded, pursuant to Labor Code Sections 1726 or 1781 or applicable portions of DavisBacon. District's indemnity obligations under this Section shall survive expiration or termination of this Agreement. District hereby waives and releases City and City Parties from any and all manner of claims or other compensation whatsoever, in law or equity, arising out of, directly or indirectly, or in any way connected with District's obligation to comply with all State Labor Code and, if applicable, Davis-Bacon requirements in connection with the construction of the Off-Site Intersectional Improvements.
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DRAFT WAV 05.26.2023
Section 4. Indemnification:
District shall defend, indemnify, and hold the City, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents or employees.
City shall defend, indemnify, and hold the District, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees or claims for injury or damages, arising out of the performance of this Agr~einent, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees( or clai~s for injury are caused by or result from the negligent or intentional acts or omissions pf the City, it,& officers, agents or employees.
The provisions of this section shall survive any termination or expiration of this Agreement.
Section 5. Relationship Betwe_en the Parties., Th~>Parties hereby muti.I~ly agree that this ./ ' ' Agreement, the acceptance of the Off-Sile,JntersectionaJ Improvements by City ·shall not operate to create the relationship of partnersJ-iiR; j_olnt venture, ·o_r agency between City and District.
District's contractors and subcontrac'tpI's_ are ex-elusively -~nd solely under the control and dominion of District. No_thi_ng herein s11all be o:e~med_ to m~e District or its contractors an agent or contractor of Qfty. '
Section 6. Warranty: District warrants all,work performed by District or its contractors and subcontractors relate_p to_ the Off+Site lnterse,ct'ional Improvements to be of good quality and free from an-y- -defo~tive or-faulty m~ria:1--~md w~rlqnanship. All warranties and guarantees of subcontracto!:s, -sup.pliers and'lµanµfacturer~ with rn~pect to any portion of the work performed on th~ O{¥Site Interse,Ftio.µal ~provements, ~li,,ether express or implied, are deemed to be obtained,by- District for t~e b~nefit,Qf'-the City, regardless of whether or not such warranties and guarantees· {la\r.~ been transf~rr'e,d or a&slgped to the City by separate agreement and District agrees to enfoq;e"'&uch warranfi,es\and guarantees, if necessary, on behalf of the City.
Section 7. linth:e AgreQment: This Agreement contains the entire agreement between the Parties with respect to,tpe'1J1atters/herein provided for.
Section 8. Lien Releases: District warrants that all labor and materials furnished by all contractors and subcontractors performing work on, or furnishing materials for, the Off-Site Intersectional Improvements have been paid in full. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the District for labor and materials furnished in connection with the construction of the Off-Site lntersectional Improvements.
District agrees to defend and indemnify City from any such claims. 3 145
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Section 9. Record Drawings: Upon request District shall provide City with one electronic file and one mylar copy of record drawings with certification by a licensed engineer in the State of California as to accuracy and completeness.
Section 10. Amendments: This Agreement can only be amended by an instrument in writing executed and delivered by the City and the District.
Section 11. Waivers: No waiver of, or consent with respect to, any provision of this Agreement by a Party hereto shall in any event be effective unless the same shall be in writing and signed by such Party, and then such waiver or consent sh~ be effective only in the specific instance and for the specific purpose for which it was give~, Section 12. Severability. In the event any ~Yause, ~entence, term or provision of this Agreement shall be held by any court of comyetent jurisdiption to be illegal, invalid, or unenforceable for any reason, the remaining poi:t(ons of this Agreetpent shall nonetheless remain in full force and effect.
Section 13. No Third Party Beneficiaries: No person'or entity, oth~! than the City, shall be deemed to be a third party beneficiary hereof, anp nC>thlng in this Agreelh~nt (either express or implied) is intended to confer uppn any person or eqtity, other than the City ·and the District (and their respective successors and a~sign~). any rights, remedies, obligations or liabilities under or by reason of this Agreement. ·
Section 14. .Notices: Any wrfr~en noti,ee, ~tatement; demand, consent, approval, authorization, offer, .. desighatioh, _request or Qth~r/cominunic_ation to be given hereunder shall be given to the Party ertti.tled theretm,at its addres~ s~t forth below, or at such other address as such Party may provide to the . .µther Par,ty in writing frpm time to time, namely:
,err~ OF LQS BANOS · City Manager
5f0J Street
Los,Banos, CA 9363~
LOS B~OS UNIFIEO SCHOOL DISTRICT
Superintencle,nt ·
1717 S. 11th Str~et
Los Banos, CA 9a635
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the Party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (c) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (d) if given by any other means, upon delivery at the address specified in this Section. 4 146
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Section 15 Jurisdiction and Venue: Each of the Parties (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in the Superior Court of California, County of Merced, (b) consents to the jurisdiction of such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in such court and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the Parties agrees that a final and non-appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Section 16. Attorneys' Fees: If any action is instituteq-1:Q interpret or enforce any of the provisions of this Agreement, the Party prevailing in such action/shall be entitled to recover from the other Party thereto reasonable attorney's fees an.cl costs of such suit (including both prejudgment and post judgment fees and costs) a~ 1letyl1llirl:ed by the court as part of the judgment.
Section 17. Law: This Agreement and an,)" dispute arising h~reunder shall be governed by and interpreted in accordance with the lawS'{)fthe State of California:.
Section 18. Usage of Words: As used her~ih,, tlie ~Iigular of any~or,d includes the plural, and terms in the masculine g~nder shall include,$.e fotn.inine Section 19. Interpretation: tlJ_e Partj_es to this Agreement and their counsel have reviewed and revised this Agreement, att,d the ndffi!al rule ot' ~~n'struction to the effect that any ambiguities in an agre~rhent _ _?re to be reso'1yeq against tl].e drafting,g'iuties shall not be employed in the interpretation of this Agr'e~ment.
Section 20. Coup.terpart~! This AgreeiV-eht may be executed in counterparts, each of which shalt.be deemed an bijg1nal.
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LOS BANOS UNIFIED SCHOOL DISTRICT
By: ---------------
CITY OF LOS BANOS
a municipal corporation
By:
ATTEST:
By: -------------- Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
6 Date
Date
Date
Date
148
Exhibit A
BEN BK CIVIL ENGINEERING & LAND SF\!r~~G
915 17th Street • Modesto, CA 95354 • 209.548.9300
PRELIMINARY
SCHOOL REIMBURSEMENT
FOR
8 STREET and PLACE ROAD INTERSECTION IMPROVEMENTS
LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE
I. ORIGINAL TRAFFIC SIGNAL RELATED COSTS
A COMPLETE TRAFFIC SIGNAL COSTS
1. TRAFFIC SIGNAL (COMPLETE) LS $390,799.36
2. ELECTRIC SERVICE CONNECTION LS $26,730.00
3. PERMITS LS $6,567.47
4. PS&E LS $72,096.46
SUB-TOTAL
ORIGINAL TRAFFIC SIGNAL RELATED COSTS----------->
I. INTERSECTION WIDENING IMPROVEMENTS
A DEMOLITION
1. SAWCUT EXISTING PAVEMENT LF 1,001. $2.20
2. REMOVE EXISTING PAVEMENT SF 1,964 $0.55
3. REMOVE EXISTING HEADWALL STRUCTURES EA 2 $8,184.00
4. REMOVE EXISTING ELECTROLIER EA 1 $5,819.00
5. REMOVE EXISTING CURB AND GUTTER LF 982 $4.95
6. REMOVE EXISTING CONCRETE SF 3,689 $1.15
7. REMOVE EXISTING CATCH BASIN EA 2 $2,852.00
8. REMOVE EXISTING MANHOLE EA 1 $5,704.00
SUB-TOTAL
B. STORM DRAIN
1. 42" CULVERT LF 58 $824.71
2. CATCH BASIN/ MANHOLE EA 1 $9,293.15
3. 48" MANHOLE EA 2 $5,548.75
4. 12" STORM DRAIN LF 71 $117.17
SUB-TOTAL
C. SEWER
1. EXCAVATE, PLUG, & BACKFILL EXISTING 48" SEWER
MANHOLE IN PLACE ROAD LS $4,176.14
SUB-TOTAL
D. CONCRETE
1. 6" VERTICAL CURB & GUTTER LF 973 $52.90
2. HANDICAP RAMP (LABOR ONLY) EA 7 $809.60
3. SIDEWALK (INCLUDING RETURN) SF 4,820 $9.06
4. B STREET DRAIN HEADWALLS & STRUCTURES EA 2 $40,040.35
SUB-TOTAL
AMOUNT
$390,799.36
$26,730.00
$6,567.47
$72,096.46
$496,193.29
$496,193.29
$2,202.20
$1,080.20
$16,368.00
$5,819.00
$4,860.90
$4,242.35
$5,704.00
$5,704.00
$45,980.65
$47,833.18
$9,293.15
$11,097.50
$8,319.07
$76,542.90
$4,176.14
$4,176.14
$51,471 .70
$5,667.20
$43,669.20
$80,080.70
$180,888.80
149
PRELIMINARY SCHOOL REIMBURSEMENT
B STREET and PLACE ROAD INTERSECTION IMPROVEMENTS
LOS BANOS, CA