AGREEMENT FOR TREE MAINTENANCE
AND
EMERGENCY TREE MAINTENANCE SERVICES
This Agreement is made and entered into as of the 24th day of February, 2025 by and between the City of Pacifica hereinafter called “CITY” and Davey Tree Expert Company hereinafter called “CONTRACTOR”.
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
A. That CITY desires to engage the CONTRACTOR to render certain professional services as enumerated in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024, a copy of which is attached hereto and incorporated by this reference;
B. That CONTRACTOR is qualified to provide such services to the CITY and; C. That the CITY has elected to engage the services of CONTRACTOR upon the terms and conditions as hereinafter set forth.
AGREEMENT
1. Services. The services to be performed by CONTRACTOR under this Agreement shall include those services set forth in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024 is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in the REQUEST FOR
PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written. The initial term of this Agreement shall be FOUR (4) years.
The contract may be renewed subject to successful completion of the initial contract term, in up to three (3) one-year (12 months) increments. (b) Notwithstanding the provisions of (a) above, any of the parties may terminate this Agreement without cause by giving written notice not less than ninety (90) days prior to the effective date of termination, which date shall be included in said notice.
In the event of such termination, the City shall compensate Contractor for services rendered, and reimburse Contractor for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. It is equally understood that CONTRACTOR shall reimburse the CITY for services yet to be rendered. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of the City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to the CITY hereunder.
3. Compensation; Expenses; Payment. CITY shall compensate Contractor for all services performed by Contractor hereunder in an amount based upon the COST PROPOSAL SCHEDULE A & B included in the TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE PROPOSAL dated December 13, 2024 during the time of the performance of said services.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefore by Contractor to the CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.
4. Additional Services. In the event the CITY desires the performance of additional services not otherwise included within the services described in the REQUEST
FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE
MAINTENANCE SERVICES dated December 13, 2024 such services shall be authorized in advance of the performance thereof by the CITY, in writing. Such amendment to this Agreement shall include a description of the services to be performed there under, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services.
Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. Contractor shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by Contractor hereunder. Said records shall be available to the CITY for review and copying during regular business hours at Contractor’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by all parties in the spaces provided below.
7. Reliance on Professional Skill of Contractor. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONTRACTOR to do and perform the work. In performing services hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert services similar to those to be performed by Contractor hereunder.
8. Status of Contractor: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have the control of the work and the manner in which it is performed. It is understood and agreed that this agreement is not a contract of employment in the sense that the relationship of master and servant exists between the CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing the Agreement. CONTRACTOR is not to be considered an agent or employee of the CITY, and is not entitled to participate in a pension plan, insurance, bonus or similar benefits the City of Pacifica provides.
CONTRACTOR CERTIFIES that no one who has or will have any financial interest under this agreement is an officer or employee of the CITY. CONTRACTOR will determine the method, details and means of performing the services set forth in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.
9. Schedule. Contractor shall adhere to the required response time set forth in the
REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.
Contractor acknowledges the importance to the CITY of the tree maintenance and emergency tree maintenance project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
10. Indemnity. Contractor shall protect, defend (with counsel acceptable to City), indemnify, and hold harmless CITY, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation including attorneys fees) of every nature, kind or description, which may be brought against, or suffered or sustained by, the CITY, its Councils, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONTRACTOR, its officers, employees, subcontractors, or agents in the performance of any services or work pursuant to this Agreement or resulting from any breach by CONTRACTOR of its obligations under this Agreement.
This duty of CONTRACTOR to indemnify and hold harmless, includes the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONTRACTOR to indemnify the CITY, its Councils, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
11. Insurance. CONTRACTOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to Contractor’s services to be performed hereunder covering the CITY’s risks in form approved by CITY’s Attorney. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required to the
extent applicable to Contractor’s vehicle usage
in performing services hereunder)
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A: VII, unless otherwise acceptable to the CITY.
Concurrently with the execution of this Agreement, CONTRACTOR shall furnish the CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after the CITY shall have received written notification of cancellation or reduction in coverage by first class mail;
(b) Providing that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability (cross liability endorsement); (c) Providing that the insurer agrees to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the CONTRACTOR for CITY. This provision also applies to the CONTRACTOR’S Workers’ Compensation policy.
(d) Naming the CITY, its Councils, officers, boards, commissions, employees, and agents, as additional insureds; and
(e) Providing that CONTRACTOR’s insurance coverage shall be primary insurance with respect the CITY its Councils, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by each city for itself, its Councils, officers, boards, commissions, employees, or agents shall be in excess of Contractor’s insurance and not contributory with it.
13. WORKERS’ COMPENSATION. CONTRACTOR certifies that he/she is aware of the provisions of the Labor Code of the State of California 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 CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONTRACTOR shall comply with all applicable federal, state, and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or physical handicap.
15. NOTICE. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:
CITY OF PACIFICA
Attention: Roland Yip, P.E.
Deputy Director of Public Works/City Engineer
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
CONTRACTOR
Name: ____________________
Title: ____________________
Company: Davey Tree Expert Company
Address: ____________________
____________________
16. Non-Assignment. This Agreement is not assignable either in whole or in part.
17. Merger and Modification. This writing is intended both as the final expression of the agreement between the parties hereto with respect to the included terms of the agreement, pursuant to California Code of Civil Procedure Section 1856 and as a complete and exclusive statement of the terms of the agreement. No modification to this agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.
18. Severability. Each provision of this agreement is intended to be severable. If any term of any provision shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever; such provision shall be severed from this agreement and shall not affect the validity of the remainder of the agreement.
19. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful patty will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither patty shall be deemed the prevailing party for purposes of the settlement and each patty shall bear its own legal costs.
21. Conflict of Interest. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct, or indirect, which would conflict in any manner or degree with the performance of its service hereunder. CONTRACTOR further covenants that in the performance of this contract no person having any such interest shall be employed.
22. Entire Agreement. This Agreement, including REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024 comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf ________________ Date: ________ ______________ Date: ________ Kevin Woodhouse Contractor: Davey Tree Expert Company
City Manager
Attest by:
________________ Date: __________
Sarah Coffey
City Clerk
Approved as to form:
________________ Date: __________
Michelle M. Kenyon
City Attorney
GENERAL SOLICITATION
TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE
SERVICES
The City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
RELEASE DATE: December 13, 2024
DEADLINE FOR QUESTIONS: January 10, 2025
RESPONSE DEADLINE: January 23, 2025, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/cityofpacifica
The City of Pacifica
GENERAL SOLICITATION
Tree Maintenance and Emergency Tree Maintenance Services I. Introduction..........................................................................................
II. Proposal Requirements ........................................................................
III. Submittal Requirements.......................................................................
IV. Evaluation Criteria ................................................................................
V. Scope of Work ......................................................................................
VI. Vendor Questionnaire...........................................................................
VII. Review, Selection & Execution of Agreement.......................................
VIII. General Requirements..........................................................................
IX. Compensation.......................................................................................
X. Pricing Proposal ....................................................................................
Attachments:
A - COST PROPOSAL SCHEDULE B
B - CONTRACTORS QUALIFICATIONS AND REFERENCES
C - CONTRACTOR CERTIFICATIONS
D - D AGREEMENT_FOR_TREE_MAINTENANCE
E - ADDENDA
F - Map 1 of 4-tree main.map
G - Map 2 of 4 tree main
H - Map 3 of 4 tree main
I - Map 4 of 4 tree main
J - Tree data sheet 2019
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 3 1. Introduction
1.1. Summary
The CITY OF PACIFICA ("City") is requesting proposals intends to seek and obtain professional to provide tree maintenance service and emergency tree maintenance service to various areas of the city. The selection will be based on overall price, services, performance and reliability of the proposers. The City's needs are outlined in the following Request for Proposal ("RFP").
Selected Contractor will be invited to enter into an agreement with the CITY OF PACIFICA based on their response to this Request for Proposal. The CITY OF PACIFICA has created the cost proposal provided in Section 3 of this Request for Proposal.
1.2. Background
The City of Pacifica has approximately 650 street trees and 1000 trees within city owned properties. The work shall include, but not be limited to the pruning, cutting and complete removal of any of the tree, including stump grinding.
1.3. Contact Information
Project Contact:
Michael Pham
DPW Superintendent
155 Milagra Dr
Pacifica, CA 94044
Email: [email protected]
Phone: (650) 738-3760
Procurement Contact:
Roland Yip
Deputy Director/City Engineer
151 Milagra Drive
Pacifica, CA 94044
Email: [email protected]
Phone: (650) 738-3767
Department:
Public Works
Department Head:
John Mullins
Interim Director
1.4. Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 4 Release Project Date December 13, 2024
Pre-Proposal Meeting (Non-Mandatory) January 8, 2025, 10:00am No Meeting Required
Question Submission Deadline January 10, 2025, 5:00pm
Question Response Deadline January 15, 2025, 5:00pm
Proposal Submission Deadline January 23, 2025, 2:00pm
City of Pacifica procurenow bid site. (eProcurement
Portal)
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 5 2. Proposal Requirements
Proposals will only be considered from Companies that meet the following prerequisites:
2.1. OpenGov Registration
Proposers must create a password protected account via the City's eProcurement Portal and register.
Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.
2.2. Pre-Proposal Meeting
There is no pre-proposal meeting for this project.
2.3. Proposal Response
In developing a response to this request for proposals, proposers should be concise, limiting their response to the specific questions and requirements set forth herein. The proposal shall be limited to 12 pages using a minimum 11-point font size (excluding a maximum two-page cover letter and requested transaction lists).
An RFP Response to this RFP must include the following sections in the order listed, and reflect the recommended page count per section:
2.4. Transmittal Letter
The Proposal must include a Transmittal Letter signed by a person within the firm who is authorized to bind the firm, preferably a Lead Consultant. RFP Responses with unsigned Transmittal Letters will be rejected. The Transmittal Letter must include a representation by the Proposer that, except as disclosed in the Proposal, no officer or employee of the Proposer is directly or indirectly a party to or in any other manner interested financially or otherwise in this RFP.
2.5. Executive Summary and Understanding of Required Services An overview of the proposal (including the firm’s relevant experience), a summary of the Proposer’s understanding about the requested scope of services, and its approach to providing those services.
2.6. Description of Proposer
1.A brief description of your firm’s background, size, office locations in California, and history as it may be relevant to the services required.
2.If your offices are in more than one city, indicate which office will provide the services.
3.Describe your experience providing services for other public agencies and authorities, with an emphasis on California jurisdictions and agencies and federal authorities, any related projects, and studies.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 6 2.7. Proposer’s Team
1.List all the professional staff you intend to assign to the engagement and the area(s) of specialization for each person. Describe the role of each person who will be assigned to the engagement.
2. Identify the Lead Personnel who will be the primary contact in providing services to the City, and who will be listed as a “key person” in any Agreement with the City.
3. In an appendix, include professional biographies for all professionals who will be assigned to provide services in your proposal.
2.8. Exceptions to the RFP
Exceptions to the RFP
If the Proposer takes exception to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and the reason(s) for the exception explained.
2.9. Project Cost, Fees and Charges
The Proposal must include a project total cost expressed as a not to exceed amount of charges to the City. The Proposal also must state an hourly fee structure for the services contemplated and pricing for each of the major tasks outlined under the “Anticipated Scope of Work” section of this RFP. Provide the hourly rates to be billed for work performed and describe how customary reimbursable expenses will be charged, including attendance at meetings in the City.
2.10. Project Timeline and Initial Draft Results
Project Timeline and Initial Draft Results
The Proposal must include a project timeline of key milestones of the work to be performed and the completed. The proposal should also include information on when preliminary draft results would be available for review by the City Staff prior to completion of the full report.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 7 3. Submittal Requirements
3.1. Authorization
Authorization
The Proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer.
3.2. Delivery
The Proposal must be received no later than the time and date specified on the cover page. Only electronic submissions will be accepted using the City’s Open Gov Procurement (formerly known as Procure Now) portal.
Proposers shall create a FREE account with Open Gov Procurement by signing up at https://secure.procurenow.com/signup . Once you have completed account registration, browse to the RFP page, click on "Draft Response", and follow the instructions to submit the electronic response to the RFP.
3.3. RFP QUESTIONS & ANSWERS
Questions related to this RFP should be submitted to the City via the “Question & Answer” section of this RFP on the Open Gov Procurement portal by the date shown on the RFP announcement. The City will provide a reply to each question on the Open Gov Procurement portal within 3 days of the Question Submittal deadline.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 8 4. Evaluation Criteria
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.
All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.
The City expects to evaluate the proposals based on evaluation criteria including the following, which are not necessarily listed in order of importance:
No. Evaluation Criteria Scoring Method Weight (Points)
1. Quality
Quality of proposal and responses to specific
questions included in RFP
Points Based 15
(15% of Total)
2. Experience
Experience of the Proposer conducting similar
work in California.
Points Based 15
(15% of Total)
3. Qualifications
Relevant qualifications of key personnel
assigned to this project.
Points Based 15
(15% of Total)
4. Accessibility
Accessibility of key personnel to the City’s staff
during the project.
Points Based 15
(15% of Total)
5. Understanding
Understanding of the City’s objectives.
Points Based 15
(15% of Total)
6. Pricing
Reasonableness of fees and cost proposal.
Reward Low Cost 25
(25% of Total)
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 9 5. Scope of Work
5.1. Scope of Work for Tree Services
The City reserves the right to reject any and all bids, or any part of any bid.
The scope of work to be done consists of furnishing all materials, tools, labor and incidentals as required by the Contract Documents, General Requirements, and Specific Requirements for the above stated project. The contractor will perform the maintenance work described as well as provide emergency tree work services when needed as indicated in Cost Proposal Schedule “A” and “B”. The Contractor will provide an itemized bid showing the maintenance cost for each group of trees described. The city will have the right to proceed with all or part of the work described.
Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing tree maintenance services of the type specified herein.
Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the contract.
5.2. Work Level Expectations
All tree service work shall be performed in accordance with ANSI A300 Tree Care Standards, and ANSI Z133 safety standard (hereafter referred to as ANSI), and must be consistent with the International Society of Arboriculture Best Management Practices (hereafter referred to as BMPs). ANSI and BMP documents are available from the ISA store at isa-arbor.com.
Pruning shall be completed in all parts of the tree, unless less work is specified. Work locations include all branches and branch ends. Many trees or parts of trees are not accessible with an aerial lift and require skilled climbing and rigging to complete specified pruning.
Work-site inspection by the contractor shall identify tree and site conditions that affect the scope of work. The contractor must establish a safe work-site, proper traffic and pedestrian controls, and protection of adjacent property from damage while meeting pruning objectives. “Lion-tailing”, the removal of lower and internal live branches, is prohibited. “Thinning”, the removal of external branches to create openings in the outer canopy, is prohibited.
Dead, weak and broken branches over 1 inch diameter shall be removed.
Minimum clearance for the roadway is fourteen (14) feet, and for the walkway is seven (7) feet.
City of Pacifica pruning objectives vary by tree species and location. The following descriptions are general objectives that are consistent with past pruning practices. Tree-specific objectives may vary, per tree inventory data.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 10 Crown Reduction
“Crown reduction” will reduce the overall height and spread of a tree by up to 20 percent, and result in a round crown with a natural pruning system. All reduction cuts should be made to appropriate lateral branches. Interior watersprouts are to be removed.
Street trees beneath high voltage utility lines are to be pruned to the level of the pole-to-pole communications lines, or 10 feet below the high voltage lines, whichever is lower, and result in a round crown with a natural pruning system. All reduction cuts should be made to appropriate lateral branches.
Interior watersprouts are to be removed.
Monterey Cypress (Hesperocyparis macrocarpa)
Open grown, full height trees shall have branches and leaders reduced to inner branches that can assume the role of a leader. Structural issues where there is a high likelihood of failure shall be addressed through branch removal, pruning, and/or cabling. Crown density shall be maintained, and overall crown form shall be balanced and uniform, where possible. Large leaders (over 10 inches in diameter) shall not be removed without the approval of a City-designated arborist or employee.
Trees beneath high voltage power lines have been directionally pruned and/or topped. These trees are designated for crown reduction (hedge), and will require reduction of leaders back to the desired height.
Crown density shall be maintained, and overall form of the hedge shall be maintained rather than the individual form of any given tree.
Blue Gum Eucalyptus (Eucalyptus globulus)
Branches and leaders that are over-extended and/or end-heavy shall be reduced to inner branches that can assume the role of a leader, or be removed entirely. Pruning should primarily reduce the likelihood of failure for individual branches.
Palms
Only remove dead fronds, except where live fronds affect clearances. Fronds should be removed close to the attachment without damaging the trunk, living tissue or the pineapple.
5.3. Emergency Numbers and Callout Procedures
A. The Contractor shall have the capability to receive and to respond within three (3) hours of an emergency nature at all times. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition regardless of the time of day. In the event that emergency work is required, the Contractor shall notify the Park Superintendent, or his representative, by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 11 B. The Contractor shall supply the City with name(s) and phone number(s) of responsible person(s) representing the Contractor for twenty- four (24)-hour emergency response, seven (7) days per week. The Contractor shall be available via voice mail, pager, or answering service for emergency response. The above-mentioned 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.
Failure to maintain current emergency information shall result in a Two Hundred Dollars ($200) penalty for each occurrence. Failure to respond back to City Representative within thirty- (30) minutes of an emergency call shall result in a Two Hundred Fifty Dollars ($250) fine, per occurrence. Failure to have a crew on site within three (3) hours of an emergency call will result in a Two Hundred Fifty Dollars ($250) fine per occurrence.
Emergency response defined:
The Contractor is required to respond within three (3) hours of an emergency notification by any of the following:
1) Police Dispatcher
2) Park Superintendent
3) Field Service
4) Director of Public Works
5) Prior agreement
6) Public health/safety matters
Public health/safety matters include, but are not limited to, broken limbs, leaning trees, fallen trees, threat to public or private property/ies resulting from the responsible Contractor's operations, etc.
5.4. Non-Emergency Callouts
Time and materials shall be charged for payment on a separate purchase order and pre-approved by City.
5.5. Supervision and Skills
The contractor will provide a Supervisor to be at the job site at all times. This Supervisor must have at least five (5) years experience in tree maintenance and removal. The Supervisor must be capable of communicating effectively both in written and spoken English and have a background that includes experience in projects of the type found in the City of Pacifica. The Contractor shall outfit all supervisors and acting supervisors with a portable personal communication device capable of transmitting and receiving phone calls from any location.
5.6. License and Permits
The Contractor shall have and maintain a valid D-49 Contractor's license.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 12 All employees of the contractor must maintain all licenses and certification required for the work they are performing. OSHA 1910.269 training requirements apply to every tree trimmer if:
• Any part of the tree trimmer comes within 10 feet of any conductor, • Any part of the tree being worked on is within 10 feet of any conductor, • Any part of the tree being trimmed or removed will pass within 10 feet of any conductor during work operation,
• Any tool or tool part will pass within 10 feet of the conductor, or • Any aerial device or crane will pass within 10 feet of the conductor.
If any one or more of the above conditions are present on any job the Contractor must be able to supply the City of Pacifica with written proof that the employees working at the site have received the required training and hold any necessary certifications. The City of Pacifica reserves the right to request documentation of training from any of the Contractors employees when the work being performed by that employee would require such training.
Contractor shall purchase a City of Pacifica Business License from the Finance Department, located at 170 Santa Maria Avenue, Pacifica.
5.7. Safety
Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-Compliance with previously mentioned standards and regulations will result in a deficiency or performance deduction or the cancellation of this agreement.
5.8. Jobsite Cleanup
The Contractor is responsible for the cleanup, removal and disposal of all debris created in the scope of performing work. If a job site must be left unattended the contractor is responsible for securing the site in a safe manner. The contractor must supply all cones, signs, barricades, caution tape, etc. necessary for this purpose. No debris can be left behind on City or private property upon completion of the job.
The debris will be removed from the job site and properly disposed at Contractor’s expense or recycled.
All resulting debris will be removed from the job site daily and properly disposed of at the end of each workday. All job sites must be clean when work is completed, including the raking of leaves, twigs, etc. from the lawn and parkway and the sweeping of streets.
5.9. Homeowner Notifications
Prior to commencement of any work, The Contractor will prepare a sample door hanger notice and present it to City staff for approval. Upon approval, the contractor will have the door hangers printed and post them within twenty-four (24) hours prior to the commencement of work, or as directed by the City. The Contractor is responsible for making arrangements with individual homeowners to have General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 13 vehicles moved out of the work area. If a homeowner objects to the work in any way, the matter is to be immediately referred to a City representative. Work will not continue at the site until the matter is resolved to the satisfaction of the City representative.
5.10. Protection of Existing Facilities and Structures
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground. Any damage to property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, (i.e., utility lines). The Contractor will be responsible for providing the correct site markings and informing Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines a minimum of seventy two hours in advance.
This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or conflicts shall be immediately reported to the City.
5.11. Stump Grinding
Stump grinding will be done in accordance with procedures outlined in the above section titled Protection of Existing Facilities and Structures.
5.12. Traffic Control
Proper signage and coning techniques shall be demonstrated for the general public safety in and around the work area. The Contractor shall provide adequate traffic control measures in cooperation with local authorities and shall make his own arrangements relative to keeping the working area clear of vehicles.
The Contractor shall obtain an encroachment permit, if required, for any partial or complete lane closure. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the work area (State of California Traffic Manual). Lighted sign or arrow board will be required as needed.
5.13. Dress Code and Appearance
All Contractors’ personnel shall be required to wear uniforms bearing company name while on the job.
Sufficient uniform changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Failure to comply shall result in a deduction of $100 per occurrence per day.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 14 5.14. Hold Harmless Clause
All officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by or engaged by the Contractor in the performance of this Agreement shall be deemed officers, agents, employees, and subcontractors of the Contractor and the City shall not be liable or responsible to them for anything whatsoever other than the liability to the Contractor as set forth in this Agreement.
The Contractor shall defend and hold harmless the City and its officers, employees or agents from all claims, lawsuits, causes of action, damages, penalties, attorney's indemnify fees, consultant's and expert's fees and costs arising directly or indirectly as a result of the Contractor's performance or nonperformance of the project, regardless whether any act or omission complained of is authorized, allowed, or prohibited by the Specifications in the Contract, except to the extent such damages or penalties arise out of or are caused by the intentional act or omission of the City, or its officers, employees or agents. Upon demand of the City, made by and through the City Attorney, the Contractor shall appear in and defend the City and its officers, employees, and agents in any legal action, whether judicial, administrative or otherwise arising out of the performance or nonperformance of the project.
5.15. Special Request
When required by City Representative to perform extra work, an estimate of cost will be submitted by the Contractor for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the Contractor, itemizing all costs for labor, materials, and equipment rental. The report shall include hours worked. The following procedure will govern such extra work:
A. Work will be executed under the direction of the City on a time-and materials basis or an agreed lump sum price depending on the nature of the work.
B. City will issue a work request for such extra work to be performed.
C. Extra work will not be initiated without written authorization, except in emergency call-out situations.
D. The City of Pacifica reserves the right to either do the work using City staff or seek multiple bids with regards to non-emergency work.
5.16. Project Inspections
Upon request, the Contractor or his representative will walk the project with the City representative for the purpose of determining compliance with the Specifications or to discuss required work. Contractor representative must be authorized to sign documents and effect changes to the job.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 15 5.17. City's Right To Do Work
The City reserves the right to do work as required within the contract area. If such alterations affect the provision of this Agreement, the Contractor will be asked to submit a cost as a result of the alterations.
5.18. Cooperation and Collateral Work
A. The Contractor shall recognize that during the course of the contract other activities and operations may be conducted by the City and other contractors.
B. The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City Representative to cooperate.
C. It is possible that the extent of these requests may cause additional expense to the Contractor.
Payment for any additional expense will be made in accordance with Section 5:15: Special Request.
5.19. Nonperformance
A. If the City Representative does not approve of the performance of the Contractor, a formal written report will be required from the Contractor. Based upon the formal written report and such other facts the Director/representative may gather, it may be determined that the Contractor has not performed the work satisfactorily under the provision of this contract, and the Contractor may be charged with liquidated damages for non-satisfactory work or noncompliance per Section 5.
B. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work.
C. If a noncredit status is imposed due to the Contractor's non-performance and/or noncompliance to the Specifications and requirements and provisions contained herein or any other work applicable under this contract, it is agreed that the City withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this contract, including liquidated damages.
5.20. Notice Requirements
Notice shall be deemed to have been given by either party by posting of a registered letter or the sending of a telegram to the business address of the other party.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 16 5.21. Contract Neglect
Any damage to property, which has been determined to be due to the Contractor’s neglect, shall be corrected at no additional cost to the City.
5.22. Scheduling of Operations
When possible, work should be scheduled to take place between 7:00 a.m. to 4:30 p.m., Monday through Friday.
5.23. Equal Opportunity Clause
Contractor shall not discriminate in his recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.
5.24. Prevailing Wages
Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for prevailing wages. Contractor must submit a certified payroll with each invoice.
5.25. Unauthorized Aliens
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationally Act (8 U.S.C.A. 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the costs, including attorney's fees, incurred by the City in connection therewith.
5.26. Background Checks
The contractor must arrange for criminal background checks of all personnel assigned to perform work or supervision in conjunction with this contract, to include fingerprinting. The contractor shall review the results of these security checks and persons employed by the contractor who are found unsatisfactory shall not perform work on this contract. This shall include any subcontractors.
5.27. Dismissal of Unsatisfactory Employees
Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City Representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 17 under this contract. Contractor shall meet with the City Representative to consider the appropriate course of action with respect to such matters, and Contractor shall take reasonable measures under the circumstances to assure the Supervisor and City staff that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Pacifica or its facilities. In addition the Contractor will exercise a zero tolerance policy for drug and alcohol use consistent with the City’s policy on the Drug Free Workplace (Administrative Policy No. 46) while its employees are on duty.
5.28. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
5.29. Construction Maintenance Equipment Vehicles
The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City Representative to be unsafe, in disrepair, or unsatisfactory shall be repaired or replaced immediately. All vehicles shall have the Contractor’s name clearly visible.
5.30. Commencement Date
The Contractor shall begin work within fifteen (15) working days from the date the City sends written Notice To Proceed.
5.31. Award of Contract
A. Proposal price alone will not be the sole determining factor in the selection of the contractor for this work. The City will consider the proposed costs for all proposal items identified herein together with the contractor qualifications and references to form the basis for its selection decision.
B. The City of Pacifica reserves the right to delete any of the Tasks, portion of any Tasks and/or all of the Tasks listed in Schedule A.
C. All cost proposal schedules must be filled out legibly and submitted.
D. Proposals shall be valid for 180 days from RFP due date.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 18 5.32. Term of Contract
Initial contract period shall be for four (4) years, renewable annually thereafter for three (3) consecutive one-year periods, at the City’s option, and upon mutually agreeable terms. Contract shall begin no later than 15 days from the awarded contractor’s receipt of annual contract.
5.33. Contract Price
Contract prices shall be fixed for the life of the contract.
5.34. Additions/Deletions to City General Maintenance Requirements, Specifications and Locations
The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Maintenance Requirements. Any changes in the Specification that causes the Contractor to suffer additional expenses may be negotiated upon written justification. Any and all such changes shall only be made upon written notification in the form of a Change Order which shall clearly state the effective date of the change.
5.35. Administration
A. Periodic Services
1. The Periodic Services / Maintenance Schedule, which is provided in these documents, indicate the time frames when items of work shall be accomplished.
2. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.
B. Reports and Schedules
1. The report and schedule forms, provided herein, indicate the major items of work and further delineate the time frames for accomplishment.
2. The Contractor shall provide and complete a schedule for each item of work and each area of work.
3. The initial schedule shall be submitted on or by the effective date of the Contract.
Thereafter it shall be submitted on the day agreed upon by the Contractor and the City Representative.
4. Failure to supply the weekly work schedule shall result in the deduction and forfeit of One Hundred Dollars ($100) from payments to the Contractor for every calendar day the reports or schedules are not received.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 19 5. Changes to the schedule shall be received by the City Representative at least twenty-four (24) hours prior to the scheduled time for the work.
6. The Contractor shall adjust his schedule to compensate for all City-observed holidays.
January 1 New Year’s Day
Third Monday in January - Martin Luther King’s Birthday Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran’s Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 24- Christmas Eve
December 25 - Christmas Day
C. Performance on Schedule
1. The Contractor has been provided the latitude in establishing work schedules and the opportunity and procedure for adjusting those schedules to meet special circumstances.
Therefore all work shall be completed on the day scheduled (as submitted on the schedule).
All schedules shall be pre-approved by City Representative.
2. Failure to complete the work as scheduled or as specified herein will result in the following actions:
3. The sum of Two Hundred Dollars ($200) per day will be deducted from payments to the Contractor for each instance where an item of work is not completed in accordance with the Schedule or Specifications.
4. Deficiencies: an additional amount equal to the costs incurred by completion of the work by an alternate source, whether it is City forces or separate private contractor, even if it exceeds the Contract Unit Price will be deducted.
5. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to Schedule.
D. Deficient Performance
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 20 1. The Contractor shall be notified verbally or in writing each time performance is unsatisfactory and corrective action is necessary.
2. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification.
3. Public Health and Safety issues (Risk Management) shall be corrected immediately upon notification from City Representative.
4. Failure to comply with conditions, specifications, schedules and directives from City Representative will result in a deficiency deduction of Two Hundred Fifty Dollars ($250) per instance.
5. Failure to perform cleanup jobsite cleanup in an approved, professional manner will result in a deficiency deduction of Two Hundred Dollars ($200) per day.
6. Failure to respond to a page during working hours within thirty (30) minutes will result in a Two Hundred Fifty Dollars ($250) deficiency per occurrence.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 21 6. Vendor Questionnaire
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content. Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.
6.1. Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required
6.2. Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. ▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. ▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 22 ▪ Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired. ▪ Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.
B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
o The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standardshe U.S. General Accounting Office's Government Auditing Standards (1994).
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.
C. Company Personnel
o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 23 o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.
D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Pacifica elected official, appointed official, City employee, or family member of any current Pacifica elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.
E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirements with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years. o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and email addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates. *Response required
6.3. Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.
In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
*Response required
6.4. Completed Reports *
Please provide two (2) completed reports that your firm has previously developed for cities, counties or local government agencies that are comparable to the project outlined in this RFP. *Response required
6.5. Modifications to Agreement*
The Agreement for the Project will be in substantially similar form to the sample agreement attached , City of Pacifica Professional Services Agreement. If the Proposer desires any modifications to the form of the Agreement, the proposed modifications must be submitted for consideration with the Proposal.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 24 Otherwise, the Proposer will be deemed to have accepted the form of Agreement, as attached, which is subject to minor modifications by City. PLEASE CONFIRM YOUR UNDERSTANDING AND ACCEPTANCE. ☐ Please confirm
*Response required
6.6. Exceptions to the RFP
If the Proposer takes exception to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and the reason(s) for the exception explained.
6.7. Value Added Services
Please describe any value-added services your company offers that may be of use to the City
6.8. Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
6.9. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 25 7. Review, Selection & Execution of Agreement
7.1. Selection Process
The City will select a proposing firm based upon the responding firms’ qualifications and experience, together with its responses to the requests for information set forth above. It should be noted that none of these factors in and of themselves are determinative, and the City reserves the right to select one or more firms on any basis that are in the best interests of the City. The City may contact firms in response to questions raised in their proposals and the City reserves the right to cancel this solicitation without selecting any firms.
7.2. Interviews of Proposers
After the submittals are evaluated, the City, at its sole discretion, may elect to interview all, some, or none of the proposers. The interview will help to clarify each proposal and the approach and qualifications for the project. Proposers may be asked to submit additional documentation at or after the interview stage.
7.3. Recommendation to City Council
Based upon the interview and evaluation of the proposals, the top-ranked firm will be recommended to the City Council. In addition, the City reserves the right to select a proposal without conducting interviews or abandoning this RFP.
7.4. Final Selection
The final selection of a firm and authority awarding the contract to proceed with these services shall be at the sole discretion of the City Council.
7.5. Execution of Agreement
The selected Proposer will be notified by City staff of intent to recommend that the City Council award the Agreement to Proposer. Within ten days of that notification, the selected Proposer must submit the executed Agreement and submit the required insurance certifications and endorsements to the City.
City may, at any time, reject the Proposal of any selected Proposer that fails to comply with these requirements, and may offer the Agreement to the next highest ranked Proposer.
7.6. LIMITATIONS
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a Proposal pursuant to this RFP, or to procure or contract for work.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 26 All Proposals submitted in response to this RFP become the property of the City and public records, and as such may be subject to public review.
The City reserves the right to cancel, extend or revise, in part or in its entirety, this RFP including but not limited to selection schedule, submittal date, and submittal requirements.
The City reserves the right to waive any minor irregularities or informalities contained within this RFP, and/or reject any or all proposals received because of this request. If the City cancels, extends or revises the RFP, all RFP holders of record will be notified in writing. The City reserves the right to request additional information and/or clarifications from any or all responders to this RFP.
The City reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interests of the City. The City reserves the right to negotiate with any qualified firm.
The selected firm(s) will be expected to provide sufficient insurance coverage that meets the City’s requirements. If the City is unable to negotiate a satisfactory agreement with the top-ranked consultant, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified Proposer in sequence, until an agreement is reached, or determination is made to reject all submittals.
The City and Proposer may agree to add additional areas to the contract by mutual agreement later. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 27 8. General Requirements
8.1. Payment Penalties and Liquidated Damages
Attention is directed to the following contract provisions relating to payment penalties.
It is mutually agreed that timely and complete performance of all aspects of this contract is of extreme importance to all parties. By entering into a contract for performance of all work called for in these specifications, the Contractor agrees to the following penalties as being appropriate and acceptable, and further agrees that such penalties will be deducted from funds otherwise due and payable to the Contractor.
1. Failure to clean site at the end of the job as required in Paragraph 2.8
Assess $200/day for each
day late
2. Failure to properly dispose of debris as required in Paragraph 2.8
Hauling and disposal cost +
$1,000
3. Callbacks Assess $100 per each call
back
4. Failure to respond within three (3) hours $250
5. Failure to respond to a City representative in thirty (30) minutes
$250
6. Failure to perform work satisfactorily or noncomplianceLump sum cost of the Task
8.2. Hours of Emergency Tree Maintenance
All emergency tree maintenance shall be performed only during the hours of 4:30 PM to 7:00 AM.
Emergency tree maintenance shall not be performed on weekends or on any holidays unless requested and authorized by the City requesting such services.
8.3. Equipment
Contract work shall only be performed with equipment suitable to produce the quality of work identified in Section 503 “Quality of Work.” All equipment shall be subject to the approval of the City prior to use.
All emergency tree maintenance equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the City.
8.4. Disposal of Emergency Tree Maintenance Refuse
The Contractor must haul and dump all tree parts and debris from City trees in appropriate disposal areas or dumpsters. Dumpsters will NOT be furnished by the City nor will designate authorized dumping sites be defined. In any case, proper disposal of tree parts and debris is the responsibility of the contractor without any additional compensation.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 28 8.5. Callbacks
Whenever, in the opinion of the City, work was done unsatisfactorily, the Contractor shall, within 24 hours after notification, re-do the work in question and may, at the discretion of the City, forfeit as a penalty of two hundred dollars ($200). No additional payment will be made for callbacks as a result of unsatisfactory emergency tree maintenance service.
8.6. City Rights
The City may:
a. At its own discretion, reject any or all proposals or waive any deficiency in any proposals. b. Consider proposals for a period of up to 180 days following the time of receipt of proposal before deciding which proposal, if any, will be accepted. c. Delete any of the listed Tasks in “Schedule A”.
d. Have emergency services performed by in-house labor forces or by a separate contractor as needed.
e. Use video equipment to create public service spots for community awareness.
8.7. Subcontracting Limitations
The Contractor shall not subcontract any of the tree maintenance services without prior consent of the City.
8.8. Assignment of Contract
The contract shall not be assigned without written consent of the City.
8.9. Company Background
A Contractor must be skilled and regularly engaged in street tree maintenance. The Proposer should fill out Section 6 as well as submit resumes for assigned staff responsible for performance of any services described in this Solicitation. A minimum of three (3) references from other municipal/city/or county governmental agencies for which the firm is currently providing the services described in this Solicitation must be provided. An additional three (3) references for which the firm previously provided the services described in this Solicitation (but no longer contract with) within the last five (5) years must also be provided. All listed references must be a municipal/city/or county governmental agency.
8.10. Negative History
A Contractor must include in its Proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the firm or in which the firm has been judged guilty or liable within the last five (5) years.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 29 If there is no negative history to disclose the firm must affirmatively state in its Proposal there is no negative history to report.
Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm's prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 30 9. Compensation
9.1. Payment - Tree Maintenance Services
The Contractor shall provide all work necessary to conduct tree maintenance service. The work shall include pruning, cutting and/or removal including stump removal as defined in this request for proposals.
Compensation for this work shall be made monthly based on the lump sum price listed per Task in Section 10: “Cost Proposal Schedule A.”
9.2. Payment - Emergency Tree Maintenance Services
Emergency Tree Maintenance Work performed during normal business hours shall be compensated based on the hourly rate per task listed in Cost Proposal Schedule B. Emergency Tree Maintenance Work performed outside of normal business hours (4:30 p.m. — 7:00 a.m.), weekends and holidays shall be compensated based on “Cost Proposal Schedule "B”.
A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Emergency Tree Maintenance Work. No additional compensation shall be given for site preparation, traffic control, site cleanup, hauling and travel time to the Emergency Tree Maintenance Work site.
9.3. Progress Payments
Invoices will be required by the City for performed tree maintenance and emergency services during the month. Invoices for all services provided in the previous month should be submitted by the fifth of the month to the contact person designated by the City. Full payments shall be made within thirty (30) days after receipt of invoices.
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 31 10. Pricing Proposal
COST PROPOSAL SCHEDULE “A”
Part 1 to 4
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Part 1 - Addresses of trees to be
pruned (Under wires). 1. 1444 Flores
Dr. 2. 1472 Flores Dr. 3. 1496 Flores
Dr. 4. 1147 Rosita Rd.
1 LS
2 Part 2 - Address of trees to be pruned
(Crown reduction safety pruning). 1)
1595 Flores Dr. 2) 1444 Adobe Dr.
1 LS
3 Part 3 – Pollards or Class 2/Medium
Prune (Fairway Park) 1) Burns Court:
812, 820, 828, 836 2) Arleen Way:
720, 727, 732, 735, 743, 768, 776, 3)
Cindy Way: 704, 712, 736 4) Cullen
Dr.: 496 5) Ridgeway Dr.: 510, 520,
530, 550, 570, 590, 6) Lundy Way:
703, 704, 711, 712, 719, 720, 727, 751
1 LS
4 Part 4 – Open Space 1) 1281 Park
Pacifica Ave. – Crown Reduction on
cypress tree in back of house. 2) 220
Bonita Ave – Remove three Cypress
trees on hill next to house.
1 LF
TOTAL
Part 5 - Hazard Tree Removal and Stump Grinding (no stump grinding on open space trees) - (individual pricing)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 606 Canyon Dr.– Remove leaning
Cypress
1 LS
2 1101 Mirador Terr. – Cypress #1044
(385 Map 4)
1 LS
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 32 Line Item Description Quantity Unit of
Measure
Unit Cost Total
3 393 Loma Vista Terr.– Cypress #1193,
#1194 & #1195 (373, 374, 375 Map 5)
1 LS
4 366 Loma Vista Terr. – Cypress #1139
(370 Map 5)
1 LS
5 137 Paloma Ave. – Cypress #1005
(443 Map 4)
1 LS
TOTAL
Part 6 - Remove and Stump Grind (individual pricing)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 118 Paloma Ave.– Remove Cypress
(446 Map 4)
1 LS
2 40 Eastlake Ave. – Remove Cypress –
(415 Map 6)
1 LS
3 CCP at Juanita Ave – Remove Pine 1 LS
TOTAL
Part 7
General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 33 Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Part 7 – Cypress Prune 1. 120 Paloma
Ave – Cypress (445 Map 4) 2. 481
Donaldson Ave. – Trim Cypress (458
Map 22) 3. 220 Minerva Ave. – Trim
Cypress #360 4. 220 Minerva Ave. –
Trim Cypress # 361 5. 212 Minerva
Ave. – Trim Cypress # 369 6. 212
Minerva Ave. – Trim Cypress # 370 –
Trim and install cable 7. 25 Shasta
Lane – Trim Cypress (434 Map 1) 8.
800 Vallejo Terr – Trim Two Cypress 9.
118 Paloma Ave. – Trim Cypress 10.
167 Juanita Ave. – Hedge trim three
cypress trees. 60% reduction on
westward side of trees for balance.
11. 436 Rockaway Beach Ave. – Trim
Cypress
1 LS
TOTAL
Part 8 - Eucalyptus Prune Calera Creek Park (individual pricing) Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 660 Reina Del Mar – Eucalyptus #64 1 LS
2 Minerva to Bonita - 4 Eucalyptus 1 LS
3 Bonita to Juanita – 2 Eucalyptus 1 LS
4 Juanita to Angelita – 9 eucalyptus
(include additional removal of grove
of five smaller eucalyptus trees
between Juanita and Angelita)
1 LS
TOTAL