FO TANA
CALIFORNIA
CITY OF FONT ANA
CALIFOR NIA
REQUEST FOR PROPOSALS
FOR
TREE MAINTENANCE SERVICES
PW-24-191-SP
SUBMISSION DEADLINE:
April 30, 2024 @ 2:00 pm
PROPOSALS MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable proposal
TABLE OF CONTENTS
ITEM PAGE
REQUEST FOR PROPOSALS 1
INSTRUCTIONS TO PROPOSERS 2
EVALUATION AND SELECTION PROCESS 10
REQUIRED QUALIFICATIONS 11
RESPONSE TO SOLICITATION 12
TECHNICAL REVIEW 16
EVALUATION FORM 17
GENERAL REQUIREMENTS 18
SPECIAL PROVISIONS 24
TECHNICAL SPECIFICATIONS 28
PROPOSAL DOCUMENTS 43
SCOPE OF SERVICES 53
CONTRACT AGREEMENT 54
INSURANCE 73
CITY OF FONTANA
NOTICE INVITING SEALED PROPOSALS
PW-24-191-SP
NOTICE IS HEREBY GIVEN that sealed proposals will be received only by submitting electronically at www.fontana purchasing.org , for Tree Maintenance Services, PW-24-191-SP, no later than 2:00 p.m. on April 30, 2024, at which time or thereafter said proposals will be electronically opened and available online. Proposals received after this time will not be able to submit electronically. Hard copies of proposals will not be accepted as a viable proposal.
The award, if made, will be made to the most qualified proposer/s having the most responsible, responsive proposal meeting the City requirements. The City of Fontana reserves the right to reject any and all proposals and to waive minor irregularities, to accept any proposal or portion thereof, and to take all proposals under advisement for a period of ninety (90) days. No Bid Surety is required.
Bid must be submitted electronically for the exact item(s) requested in the bid specifications. Copies of the plans, specifications, and contract documents are available for free from the City's Purchasing website www.fontanapurchasinq.org .
MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for April 11, 2024, at 2:00 p.m. at the City Hall Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335. Proposers must attend the meeting to qualify to submit a proposal.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.
Qualified To Bid Per Labor Code Section 1771.1. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, , unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. An unregistered contractor may only submit a bid if authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work at the time the contract is awarded.
The CITY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
Request For Proposal
1 The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available online at http://www.dir.ca.gov/dlsr.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the contract: State California C-27 and a C-61/D49.
Request For Proposal
2 CITY OF FONTANA
INSTRUCTIONS TO PROPOSERS
1. PROPOSER'S EXAMINATION
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents, and ensure that he/she has a clear understanding of the requirements of the contract work.
By submitting a response, the proposer represents that it has thoroughly examined and become familiar with the contents of the solicitation and conditions of the standard City contract documents, and that he/she is capable of performing quality work to achieve the City of Fontana's objectives.
2. INTERPRETATION OF REQUEST FOR PROPOSAL AND DOCUMENTS If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to the Purchasing Office a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by an addendum duly issued and copy of such addendum will be posted on the Purchasing Website. The Purchasing Office will not be responsible for any other explanation or interpretations of the proposed documents.
3. NOTICE TO PROPOSERS
The proposers shall be considered based on the best overall value to the City. The City Council shall decide in its sole and absolute discretion whether to enter into a contract at all, even if there are one or more qualified proposers. The City shall not be limited to awarding to the lowest responsive responsible proposer, but instead shall be entitled to negotiate for the best overall value to the City. The City staff may, but is not obligated to, conduct interviews with proposers .
The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these "Instructions to Proposers."
4. IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
Instruction to Proposers
3 5. COMPETENCY OF PROPOSERS
No proposal will be accepted from or contract awarded to a proposer who is not licensed in accordance with the law, who does not hold a license qualifying him to perform work under this contract, to whom a proposal form has not been provided and who has not successfully performed on projects of similar character and scope. The proposer may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner.
Generally, contractor history and references are required at a minimum. The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose.
6. ADDENDA (Acknowledge Online)
All proposers are advised to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each proposer shall be fully responsible for informing himself as to whether or not any such addenda have been issued. To this end, each Proposer should contact the City's Purchasing website www.fontana purchasing.org to verify that he has received all Addenda issued, if any, prior to the Proposal deadline listed in the Notice Inviting Proposers. The effect of all addenda to the Contract Documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in his proposal any such addenda issued may render his proposal irregular and may result in its rejection by the City. Copies of Addenda will be available on the City's Purchasing website www.fontana purchasing.org.
7. DELIVERY AND OPENING OF PROPOSAL
Proposals are to be submitted electronically to the City's Electronic Bid System. The City's Electronic Bid System will close exactly at the time set forth in the Notice Inviting Proposals. All applicable forms required to be completed per the proposal documents, shall be submitted electronically prior to the proposal date and time. Hard copies will not be accepted as a viable proposal. It is the Proposer's sole responsibility to ensure that its Proposal is received as specified. Proposals may be submitted earlier than the dates(s) and time(s) indicated.
The name of each firm submitting a proposal will be available online and recorded at the date and time stated in the Notice Inviting Proposals. The City may in its sole discretion, elect to postpone the opening of the submitted Proposals. City reserves the right to reject any or all Proposals and to waive any informality or irregularity in any Proposal.
Instruction to Proposers
4 8. CITY CONTRACTING REQUIREMENTS
Attached hereto is the standard Contractual Services Agreement and General Conditions utilized by the City of Fontana. Submitting firms should note the insurance requirements and review all the provisions in the Contract Agreement and General Conditions
9. WITHDRAWAL OF PROPOSAL
Prior to the proposal deadline stated in the Notice Inviting Proposals, a Proposal may be withdrawn by the Proposer only by using the City's electronic bidding system.
10. PROPOSAL EXPENSES
The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this solicitation.
11. AWARD OF CONTRACT
Issuance of this Request for Proposal and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals to accept any proposal or portion thereof, to waive any irregularity, and to take the proposals under advisement for the period of time stated in the "Request for Proposals". The proposers shall be considered based on the best overall value to the City. The City Council shall decide in its sole and absolute discretion whether to enter into a contract at all, even if there are one or more qualified proposers. The City shall not be limited to awarding to the lowest responsive responsible proposer, but instead shall be entitled to negotiate for the best overall value to the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the proposer to whom the award is contemplated. All responses to this solicitation shall become the property of the City and will be retained or disposed of accordingly, no proposer may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof.
12. FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's Purchasing Officer. In order for a Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the Bid award date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
Instruction to Proposers
5 E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City's Purchasing Officer, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Officer will provide a written decision to the protestor. The protester may then appeal the decision of the City Manager.
13. CONTRACT PERIOD
Contract period shall be for two years from the date of award, renewable for three additional one-year increments at the sole discretion of the City. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties. Rates will be held for the duration of this contract. Any changes or additions to the listed rates are at the discretion of the City. At the end of the two year period, the Contractor may apply in writing to the City for a CPI adjustment.
Adjustments shall be made in accordance with City Policy at the time of application.
14. WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to Self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to City of Fontana along with the other required contract documents, prior to performing any work.
Reimbursement for this requirement shall be considered as included in the various items of work.
15. INSURANCE
To perform any work under contract with the City of Fontana, a Certificate of Insurance, naming the City as additionally insured, must be provided. This Certificate must be on file with the City before any City contract may be approved and before you may commence any contract work.
Four forms of Insurance are required on an individual basis. These insurances are:
California Worker's Compensation insurance;
General Liability insurance; and
Automobile insurance
Professional Liability
Instruction to Proposers
6 This contract requires that anyone performing work for the City provide each of the four above insurances with One Million Dollar ($1,000,000) per occurrence limit. If an aggregate limit is specified on the Certificate, a minimum Two Million-Dollar ($2,000,000) aggregate occurrence coverage limit is required for the General Liability insurance.
The per occurrence limit specifies that you and your company are covered for up to $1,000,000 for each and every occurrence (accident/claim) against you or your company, no matter how many. The aggregate limit specifies that you and your company are covered for up to $2,000,000 collectively for all occurrence and aggregate requirements.
16. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the scope of services, contract documents, and to full compliance therewith.
17. NON-COLLUSION DECLARATION
Bidder shall declare that the only persons or parties interested in the bid as principals are those named therein; that no officer, agent, or employee of the City of Fontana is personally interested, directly or indirectly, in the bid; that the bid is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the bid is in all respects fair and without collusion or fraud.
18. LICENSES, PERMITS AND APPROVALS
The selected proposer must comply with all City, County and State standards and must, at the time it makes a proposal to the City and throughout the time that the proposer provides services to the City, possess all other permits, licenses or approvals required by the City or any County, State or Federal agency to operate its business. The proposer shall identify in its proposal the location from which it will provide services to the City. The proposer must have, at the time it submits its proposal, the right to lawfully operate the business from that location.
19. PRICING
The proposer should provide a total cost proposal with a line item breakdown. Prices should be stated in units specified herein.
Instruction to Proposers
7 20. TAXES
The proposal shall include and show all taxes as are applicable under the laws of the State of California relating to "Sales Taxes" and "Use Taxes" and "San Bernardino County Tax".
21. PAYMENT
Payment shall be made by the City of Fontana within thirty (30) days after proper delivery, inspection, and acceptance of services. Invoices shall be submitted in duplicate.
22. HEAL TH & SAFETY
The articles and or services covered by this proposal must be supplied and/or performed in compliance with safety orders of OSHA, CALOSHA, and/or N IOSHA where applicable.
23. DEFAULT
In case of default by the Contractor, the City of Fontana may procure the articles or service from other sources and may deduct from unpaid balance due Contractor, or may bill for excess costs so paid, and prices paid by the City of Fontana shall be considered the prevailing market prices paid at the time such purchase is made. Failure to comply with any of the terms and/or conditions of this contract shall constitute default by the Contractor.
24. TRANSPORTATION COST
No charge for packing, drayage, or for any other purpose will be allowed over and above the prices quoted on this proposal. Cost of transportation, handling and/or inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the proposer.
25. WARRANTY
Applicable warranties shall commence from the date completed unit is accepted by the City in operational condition.
26. DEFECTS
Successful proposer(s) shall be responsible for all claims against manufacturing defects and against the carrier for all freight and/or drayage damage.
27. MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting is scheduled for September 1, 2015 at 10:00 a.m. at the Public Works Administrative Office located at 16489 Orange Way, CA 92335.
Proposers must attend the meeting to qualify to submit a proposal.
Instruction to Proposers
8 28. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available on line at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder atthe job site(s). The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wages set forth herein. The possibility of wage increases is one of the elements to be considered by the Contractor is determining its bids, and will not under any circumstances be considered as the basis of a claim against the City under the Contract Documents.
29. PUBLIC WORKS CONTRACTOR DIR REGISTRATION REQUIREMENTS No Contractor or Subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No Contractor or Subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
The Contractor shall have an affirmative obligation to verify that all subcontractors are currently and validly registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor's registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain valid registration for the duration of the project.
No bid will be accepted nor any contract entered into without proof of the Bidder's and its subcontractors' current registration with the Department of Industrial Relations. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project. It shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
30. QUESTIONS AND COMMENTS
Questions and comments regarding this solicitation must be submitted in writing, no later than seven (7) days before the Submittal Deadline. Such submission, if any, must be sent using the bids online system at www.fontana purchasin g.org. "Questions and Answer" tab NO LATER THAN SEVEN (7) days prior to the due date of the bids.
Answers, if any, made by the City will be answered using the bids online system.
Instruction to Proposers
9 EVALUATION AND SELECTION PROCESS
A. Submittal Review: All proposals will be initially evaluated to determine if they meet the minimum requirements. All proposals will be subject to a standard review process developed by the City. A primary consideration shall be the effectiveness of the agency or organization in the delivery of comparable or related services based on demonstrated performance. The evaluation will be based on the written proposal as submitted, but may include a site visit to the proposer or to an existing client served by the proposer.
B. Oral Interview: Proposers meeting the submittal requirements may be requested to participate in an oral interview at City's discretion. Proposers will be notified in writing of the time and place for the interview. Failure to appear for the oral interview will be cause to disqualify the firm from further consideration.
C. Selection: The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest quote.
Evaluation and Selection Process
10 REQUIRED QUALIFICATIONS:
1. Award will be made to the firm that best meets the City's requirements and offers the most advantageous combination of cost and qualifications. All firms submitting proposals must hold a valid State California C-27 and a C-61/D49 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.
2. Proposer has not had a "termination for default" within the last three (3) years.
3. Proposer must have the required general liability and worker's compensation insurances as set forth in this document
4. Proposer must have OSHA certification of aerial equipment to be used for this contract. Include certification documents with the bid proposal.
5. Proposer must have a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful Contractor shall be required to comply with this Quality Control Plan throughout the term of the contract and have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.
6. The proposal must include descriptions of all personnel that will be performing the work. Personnel must be qualified and trained according to best practices in the tree maintenance industry.
7. Proposer must have at least five (5) years of experience providing tree maintenance services to municipalities that are comparable in size and scope to this RFP. (Provide descriptions of these contracts and contact persons of the client cities).
8. Proposer must have a functioning software inventory and management system with GIS based capabilities for current clients.
9. At the time of award, the successful bidder must have staff that includes Certified Crane Operator(s) as recognized by National Commission for the Certification of Crane Operators (NCCCO).
10. Proposer must have attended or have a representative attend the mandatory pre bid Meeting
11. Proposer has submitted a complete bid proposal as required by this RFP Minimum Qualifications
11 RESPONSE TO SOLICITATION
Responsive proposals should provide straightforward, concise information that satisfies the requirements of this solicitation. Emphasis should be placed on conformity to the City's instructions, requirements of this solicitation, and the completeness and clarity of content.
A. Executive Summary: The proposer must provide an Executive Summary of its proposal. The Executive Summary should be a "high-level", general overview of how the vendor proposes to accomplish the requirements of this RFP. The Executive Summary should demonstrate the proposer's understanding of the requirements. The proposer must also address in this section how it meets the minimum qualification requirements.
B. Company Information: The City requires the proposer to be a reputable company with tenured experience in tree maintenance services. The proposal must provide the information requested below. If the proposer is a joint venture, information about each vendor must be submitted separately. The information to be provided is as follows:
• Complete name, address and phone number of company
• Federal tax identification number
• A short narrative description of the vendor's organization • Principal type of business
• Total number of years in business
• Statement that identifies areas in which the company excels • Number of years providing products and services similar in size and scope to those requested in this RFP
• Annual contract value of the proposer's three (3) largest contracts for similar products and services in the past three (3) years
• Percentage of turnover of service staff for each of the last two (2) years in the proposer's organization
• Significant transactional events in the past three (3) years such as bankruptcies, contract defaults, mergers, acquisitions, etc.
C. Licensin g:
State of Ca I if or n i a Co n t r a ct o r' s L i c e n s e n u m b e r a n d exp i ration date , C-27 & C61 /D-49 and any other applicable licenses D. Staffin g:
Provide names, staff qualifications and proposed duties of staff to be assigned to this contract. The firm shall identify an ISA certified arborist who will be responsible for providing project management for the duration of the contract as well as a site supervisor, who is an ISA certified arborist, authorized to act on behalf of the firm.
Response to Solicitation
12 Please include:
1. All certified arborists employed by the firm
2. All certified utility arborists employed by the firm
3. All certified treeworkers employed by the firm
4. All certified urban foresters and/or municipal arborists employed by the firm
5. All utility line clearance treeworkers employed by the firm
6. California state licensed pest control advisor and applicator employed by the firm
7. Technicians providing technical support for inventory software
8. Traffic control design specialist(s) and traffic control technician(s) in accordance with the American Traffic Safety Services Association (ATSSA)
E. Company Profile and California Locations: Proposer shall provide a short description of its company. In addition, the proposer shall list all of its California locations, and shall include a statement as to whether it can provide products and services to the City locations as listed in this RFP.
F. Experience and References: The City requires the proposer and its subcontractors to have prior experience in all aspects of the products and services described in this RFP for customers similar to or with relevance in the size, complexity and scope of this RFP. Proposers shall:
Describe the proposer's experience as it pertains to providing products and services similar in size, complexity and scope to those required under this RFP and in the manner required pursuant to this RFP.
Provide the names, addresses, and telephone numbers of at least five (5) customers for whom the proposer has provided similar level of services and products within the last four (4) years. The proposer should include a brief description of the scope of products and services provided to the customer, contract amount and the duration of the contract. The proposer must include the name, mailing address, and telephone number of each client's principal representative. The City may contact some or all of the references provided in order to determine the proposer's performance record. The City reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process.
Response to Solicitation
13 G. Technical Approach and Methodology: Proposer shall provide a work plan that describes how the vendor intends to provide the requested products and services as described in this RFP. The description shall include, but is not limited to the following:
• Experience and qualifications of key personnel that will be assigned to this contract
• A complete list of machinery and equipment to be used for this contract including additional equipment available for contingencies and emergency work
• Proposed communication process between the City and the Contractor • Number of staff assigned to the contract.
• Personnel training program - type and frequency; Certified Arborist on staff; Licensed Pest Control Advisor; Licensed Pest Control Applicator. • QA/QC approach that ensures quality service delivery
• Emergency contact procedures
H. Customer Service: Describe the level of customer service that will be provided, including procedures that will ensure consistency and problem escalation and resolution. The description should include, but is not limited to the following:
• Customer Service organizational structure
• Contact process
• Follow-up process
• Internal procedures to track customer service contact and resolution • Escalation process to resolve outstanding customer service issues I. Reports: Proposer shall describe the common reports available to the City. Include the type of report, the information provided in the report, the frequency of the report, the process to request the report, and the process used to deliver the report.
Proposer is encouraged to include a sampling of common reports including sample of invoice within their proposal.
J. Information Management
1) Provide a detailed description of the proposed software program to be used to manage the City's tree inventory and the firm's ability to provide accurate inventory updates for all trees serviced.
2) Provide a detailed statement describing the firm's ability to provide data for the City's Geographic Information System (GIS).
K. Equipment
A complete list of machinery and equipment, including year, serial number and license number, to be used for this contract and all available equipment in reserve to allow for breakdowns.
Response to Solicitation
14 L. Quality Control Plan
1) A written description of the firm's plan to report green waste generated and the method for its disposal.
2) A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.)
3) The methodology in which the firm will handle complaints from the public and damage to public and private property.
4) Effective means to correct problems.
M. Employee Training
A written description of the firm's internal tree maintenance and arboricultural training program.
N. Addenda: Acknowledgment of the receipt of solicitation addenda online, if any.
0. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.
P. Insurance: Insurance certificates are required prior to contract execution.
Q. Fee: At the minimum, the Proposal Summary Sheet must be submitted on line with the proposal.
R. Proposal shall be typed and submitted online through the City of Fontana's Bid System. Proposal shall not include any unnecessary, elaborate or promotional material. Excessive lengthy narrative is discouraged; presentation shall be clear and concise.
Response to Solicitation
15 TECHNICAL REVIEW
The City will evaluate and rank proposals based on selection criteria. Any proposal may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a proposal may be waived . Waiver of an irregularity shall in no way modify the request for proposals nor affect recommendation for award of contract.
Each bid will be evaluated based on qualifications and the required submittals. Selection will be made by using the criteria described in this document. All applicants will be notified as to the results of this evaluation. The evaluation criteria used in the selection process include, but are not limited to the following:
A. Services Offered 20 Points
1. Proposed program
2. Detailed list of services
3. Ability to provide services
B. General Qualifications 20 Points
1. Qualifications and experience of staff
2. Proper staff training
3. Proper insurance coverage
4. Financial ability of the firm to provide services to the City
5. Licensing required to perform tree maintenance services C. Cost 20 Points
1. Variety of work types and services offered
2. Evaluation of the firm's fee schedule
D. Information Management 15 Points
1. Ability to provide a database of all trees in the City
2. Method for completing and updating the tree database or inventory
3. Have functioning database systems for current clients
4. Quality of database software
5. Technical support for software and data management
E. References 15 Points
1. Current contract work experience
2. References from current client cities
3. Letters of reference
F. Facility and Equipment Evaluation 5 Points
1. Equipment maintenance facility
2. List of equipment
3. Aerial device certification
G. Quality and Completeness of Proposal 5 Points
1. Relevance and conciseness of bid proposal and statement of qualifications Technical Review
16 EVALUATION FORM
TREE MAINTENANCE SERVICES, PW-24-191-SP
Please rate the proposal for each criterion below, using a scale of O through 4, where O=unacceptable; 1=poor; 2=fair; 3=good; 4=excellent. Provide details on each criterion scored O or 1.
Vendor Name: --------- - -----
FACTOR
1. Evaluation Criteria
Services Offered
General Qualifications
Cost
Information Management
References
Facility and Equipment
Evaluation
Quality and Completeness of
Proposal
TOTAL
WEIGHT SCORE
(0-4)
WEIGHT SCORE
20 0
20 20
15 15
5 5
100
Evaluation Form
17 0
0 0
0 0
0 GENERAL REQUIREMENTS
WORKMAN'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment of compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.
In accordance with that section and Section 1861 of the State Labor Code, all selected proposers shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to the City along with the other required contract documents, prior to performing any services. Reimbursement for this requirement shall be considered as included in the various items of services.
INSURANCE
Prior to the commencement of any services hereunder, proposer shall provide to the City certificates of insurance with the City named as additional insured. Such polides shall be subject to approval by the City and shall require thirty days' (30) notice to the City before any cancellation. Failure to furnish such evidence, if required, may be considered a default by the proposer.
(1) Worker's Compensation Insurance covering all employees and principals of the proposer, in a minimum amount of $1 million per accident, and meeting the laws of the State of California;
(2) Commercial General Liability Insurance covering third party liability risks; including without limitation contractual liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial Auto Liability and Property Insurance covering "any auto" with a minimum amount of $1 million combined single limit per accident for bodily injury and property damage.
FORCE MAJEURE
The parties to the Agreement shall be excused from performance there under during the time and to the extent that they are prevented from obtaining, delivering or performing by an act of God such as fire, strikes, loss or shortage of transportation facilities, lock-out, or commandeering of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the City, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
General Requirements
18 LABOR CODE
Proposer is aware of the requirements of California Labor Code Sections 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 certain 'public works' and 'maintenance' projects.
Since the landscape maintenance services are being performed as part of an applicable 'public works' or 'maintenance' project, as defined by the Prevailing Wage Laws, and since the total compensation is One Thousand Dollars ($1,000) or more, proposers agree to fully comply with and to require any contractors or subcontractors to fully comply with such Prevailing Wage Laws.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obta.ined the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality of each craft, classification or type of workman needed to execute the contract form the Director of the Department of Industrial Relations. These rates are on file with the City, and copies will be made available to any interested party on request.
Proposers, if selected, agree to make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the landscape maintenance services available to interested parties upon request, and shall post copies at the Proposer's principal place of business. Proposers shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the proposer or its contractors or subcontractors to comply with the Prevailing Wage Laws.
The City will not recognize any claim for additional compensation because of the payment by the proposer of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the proposer in determining his proposal, and will not under any circumstances be considered as the basis of a claim against the City under the contract.
Proposers must be an equal opportunity employer and shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation 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.
General Requirements
19 TERMINATION
A. Termination for Default: Contract may be terminated by the City, in whole or in part, whenever the City shall determine, in the City's sole and absolute discretion, that the Contractor has failed to meet the requirement(s) of the contract upon ten days written notice to the Contractor.
The City has the right to terminate for default if:
1) The Contractor fails to make delivery of acceptable delivery of service and/or products in an acceptable manner within the time specified in the resultant Contract; or
2) The Contractor fails to satisfactorily perform any other term or condition of the resultant Contract: or
3) The Contractor fails to make progress so as to endanger timely performance of the Contract.
Any termination for default shall be effected by written notice to the Contractor of the termination, specifying the acts or omissions of the Contractor constituting the default and the effective date of the termination.
After termination for default, the City may acquire, under the terms and in the manner the General Services Agent considers appropriate, services identical or similar to those required by the Contract, and the Contractor will be liable to the City for the cost of those services in excess of the unexpended Contract amount.
Upon termination of the Contract, all finished or unfinished goods provided by the Contractor and not yet delivered, rendered, and accepted by the City shall, at the City's option, become the City's property. The City shall pay the Contractor fair and equitable compensation for satisfactory performance prior to delivery of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor shall pay the difference to the City promptly upon demand. The term "damages" as used in this paragraph includes, but is not limited to, attorney's fees.
If, after termination, it is found that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to sub-paragraph "B" below, entitled "Termination for Convenience."
The rights and remedies of the City described herein shall be in addition to any other rights and remedies provided by law or under any other provision of the Contract.
General Requirements
20 B. Termination for Convenience: The Contract may be terminated by the City, in whole or in part, whenever, the Purchasing Agent determines, in his sole and absolute discretion, that it is in the City's best interests to terminate the Contract. Such termination shall occur upon 30 days prior written notice provided to the Contractor specifying the extent to which the Contract is terminated and the effective date of the termination. 1) After receipt of a notice of termination, and except as otherwise directed, the Contractor shall:
a) Stop all performance on the date indicated and to the extent specified;
b) Place no further orders or subcontracts for materials, except as necessary for the completion of such portion( s) of the Contract not terminated;
c) Terminate any and all subcontractors' agreements and, with the approval of the City, settle all outstanding liabilities and termination of settlement bids arising from the termination of subcontracts; d) If directed by the City, transfer title and deliver to the City the Contractor's finished goods and other material produced or acquired, that, if the Contract had not been terminated, would be required to be furnished to the City. If the City does not exercise this right, the Contractor shall use his best efforts to sell such goods and materials in accordance with the provisions of Commercial Code Section 2706;
e) Complete performance of any portion of the Contract not terminated;
f) Submit to the Purchasing Agent a termination claim in the form prescribed by the Purchasing Agent. The Contractor shall not be reimbursed for and waives any right to receive anticipatory profits not earned up to the effective date of the termination. 2) The Contractor shall be entitled to recover the following costs in a termination for convenience:
a) The Contract price for completed goods accepted by the City but not previously paid for;
b) Costs already incurred in the performance of the portion of the Contract terminated;
c) The reasonable costs of settlement expenses for the portion of the Contract terminated; and
d) The cost of settling and paying any termination settlement bids under terminated subcontracts that are properly chargeable to the terminated portion of the Contract.
General Requirements
21 3) In arriving at the amount due to the Contractor, the following shall be deducted:
a) All unliquidated, advance or other payments to the Contractor under the terminated portion of the Contract; and
b) Any claim which the City has against the Contractor under the Contract or any other contract.
C. Termination for Lack of Appropriation: If funds are not appropriated or if funds are not otherwise made available to the City for continued performance of the Contract for any fiscal period covered by the Contract, the Contract shall be automatically terminated as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; however, this will not affect either the City's rights nor the Contractor's rights under any other termination provision in the Contract. The effect of a termination of the resultant Contract under this sub-paragraph "C" will be to discharge both the City and the Contractor from future performance of the Contract, but not from their obligations existing at the time of termination. The Contractor shall be reimbursed for any non-recurring costs incurred but not amortized in the price of the goods delivered under the Contract.
BRAND NAME
The City has made findings designating certain materials, products, things, or services by specific brand or trade name. Such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Scope of Work.
REJECTION
The City reserves the right to reject the proposal of any proposer, who does not meet the minimum qualifications as required by this RFP; who has previously failed to perform properly or complete on time contracts of similar nature; or reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily.
DELIVERY TIME
Time of delivery of services is a part of the consideration and must be stated in definite terms, and must be adhered to. If time varies on different items, the proposer shall so state in the column provided, opposite each item.
DELIVERY HOURS
The delivery of hours to perform the work will vary based upon the City's need.
DISCREPANCIES
In case of discrepancies between product number and description, the proposer shall notify the City for interpretation.
General Requirements
22 ORDERING
The proposer shall order all materials and equipment, and assign required personnel promptly after receipt of the signed Contract or Notice to Proceed.
CHANGES IN THE WORK
The City, without invalidating this Contract, may, by express written request, order extra work or make changes by altering, adding to or deducting from the work required by the contract documents. The Contract Sum may then also be adjusted subject to City approval, as provided below. All such extra work shall be executed under the conditions of the original Contract.
LIQUIDATED DAMAGES
The Contractor shall perform and complete all services under this agreement within the term set forth therein. The Contractor shall also perform the services in strict accordance with any completion schedule or project milestones described in Exhibits A or B attached hereto, and any other requirements specified in the Notice Inviting Sealed Proposals, or which may be separately agreed upon in writing by the City and contractor ("Performance Milestones"). The Contractor agrees that if the services are not completed within the aforementioned Performance time and/or pursuant to any such 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, the Contactor shall pay each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement the sum of one hundred dollars ($100.00) per day for each day completion is delayed per occurrence beyond the above deadlines. This amount shall be deducted and forfeited from payments to the Contractor.
Execution of the Agreement shall constitute an agreement by the City and the Contractor that the estimates for liquidated damages are reasonable. These actions shall not be construed as a penalty but as an adjustment of payment to the Contractor for only the work actually performed and or as the cost to the City for the inspection/re-inspection and other related costs from the failure by the Contractor to complete the work according to schedule and or contract specifications.
General Requirements
23 SPECIAL PROVISIONS
The Contractor shall provide tree maintenance services in accordance with the Special Provisions, the Agreement Terms and Conditions and the Technical Specifications.
1. Emergency Numbers and Callouts. 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.
A. In the event that emergency work is required, the Contractor shall notify the Landscape Technician or Supervisor by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed. An answering service is not acceptable for emergency calls after working hours/weekends.
B. In situations involving emergency work after normal working hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to safely control traffic.
When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to perform the work on a temporary basis.
C. The Contractor shall supply the City with the name(s) and phone number(s) of responsible person(s) representing the Contractor for 24 hour emergency response. The above mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within 12 hours of any such change. (Failure to provide the City with current emergency information within the 12-hour period shall result in a $200.00 penalty per occurrence).
Emergency response can be defined by:
1. Instructions per City Landscape Tech/Supervisor
2. Prior agreement
3. Public health/safety matters
Public health/safety matters include but are not limited to threats to the public and/or private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc.
D. The Contractor shall supply their field supervisor and crew leaders with cellular telephones. The Contractor shall also supply their field supervisor with a handheld tablet computer running the latest version of the Android operating system.
Special Provisions
24 2. Special License and Permits. The Contractor shall have and maintain valid State of California C-27 and C61/D49 Contractor's licenses. 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.
All applications of chemical controls, i.e., herbicides and pesticides, shall be done in compliance with governmental requirements. Applications of such materials shall be done by personnel licensed by the State of California, Department of Food and Agriculture.
Contractor will obtain any permits required by local governmental agency for the use of special chemicals.
3. Dress Code and Appearance. All personnel of the Contractor shall be required to wear uniforms bearing the company name while on the project. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt, trousers and or short pants during the summer months and reflective safety jacket with company name during cool weather. Safety vests bearing the company name are not considered a part of the uniform, but shall be required to be worn to comply with this contract document. (Failure of an employee to wear a uniform shall result in a $100.00 deduction and forfeiture per occurrence).
4. Personnel Special Requirements
A. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the agreement.
B. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge:
1. All proper licenses for operation of equipment utilized by such employee.
2. Ability to operate and maintain equipment in accordance with the manufacturer's recommendations.
3. Mechanical ability to make required operator adjustments to the equipment being used.
4. Knowledgeable of safety regulations as they relate to tree care and traffic control.
5. Ability to communicate orally and in writing in English.
6. Demonstrated knowledge of tree care and related operations.
Special Provisions
25 5. Special Requests. The Contractor may be requested by the City Landscape Technician to perform special tasks which are above his normal scheduled work (i.e., pruning for a specific aesthetic view problem). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria.
6. Project Inspections. Upon request, the Contractor or his representative will walk the project with the City representative, or the Landscape Technician, for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor's representative shall be authorized to sign documents and effect changes to the job.
7. Traffic Control. In accordance with the Cal Trans Watch Manual, the Contractor shall notify local authorities of his intent to begin Work at least five (5) days before Work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of vehicles. If the Contractor permits traffic to operate in an unsafe manner and does not take appropriate safety measures (such as placement of markers or signs regarding the presence of workers near a roadway), the City may immediately suspend all Work until the Contractor has met all safety requirements. All vehicles used by the Contractor on the job site must be equipped with flashing yellow beacons of the type approved by the City.
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. During and after working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or Work Area Traffic Control Handbook).
8. 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 on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence 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. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.
Special Provisions
26 9. City Liaison. The City's designated representative and/or the City's Parks and Landscape Supervisor, and the Contractor's representative will meet on a weekly basis.
The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the City Landscape Technician and the Project Manager separately from these meetings. The City Parks and Landscape Manager will review and initial invoice items verified as completed prior to submittal to the Director of Public Works for payment. The original invoice should be sent to:
City of Fontana
Accounts Payable
8353 Sierra Ave.
Fontana, CA 92335
10. Contractor Negligence. Any damage to the City's property which has been determined to be due to the Contractor's negligence shall be corrected at no additional cost to the City.
11. 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.
12. Construction/Maintenance Equipment. 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.
13. Additions/Deletions to Maintenance Specifications. The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General T Maintenance Specifications. Any change in the specifications that causes the Contractor to suffer additional expenses may be negotiated upon written justification.
Special Provisions
27 TECHNICAL SPECIFICATIONS
1.0 Scope of Work
It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following tree maintenance activities throughout the City:
1. Tree Pruning
2. Tree Removal
3. Tree Planting
4. Crew Rental
5. Emergency Response
6. Line Clearance Pruning
7. Clearance Pruning
8. Grid Pruning Program
9. Tree Watering
10. Small Tree Care
11. Palm Trunk Skinning
12. Root Pruning
13. Specialty Equipment Rental
14. Arborist Services/Inspection
15. Foliar and Pesticide Treatments if necessary
16. Data Entry
17. Webpage Development
18. GPS Tree Inventory
19. Online Maintenance Access*
* Online Maintenance Access is defined as internet access to an urban forestry management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable).
1.1 Annual Pruning Program
Routine tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300.
Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The intent of this contract is to have all trees pruned a minimum of one time by the end of a 5 year trim cycle.
Technical Specifications
28 1.2 Inspection of Hazardous Conditions
All City trees shall receive routine maintenance and periodic inspections. The Contractor is to include in its price for services of an ISA certified arborist to be on site for a regularly scheduled minimum of eight (8) hours per week. Tree problems that are clearly visible by the inspection, but not considered hazardous, will be reported to the City for direction and/or further evaluation. Also, the crew performing maintenance shall properly notify the City of any tree-related problems that are clearly visible.' This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent to correct problems prior to reaching crisis levels.
1.3 Tree Inventory
1.4 A. The Contractor will provide the City access to a record keeping system consisting of an internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the contract.
B. The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type.
GPS Tree Inventory
A. Contractor shall create a GPS based tree inventory with a new database using the City's standardized addressing system for all parks and open space areas.
Contractor shall be required to create an ESRI ArcView/ArcGIS compatible "shape file". The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. Minimum accuracy shall be as close as possible to one (1) meter.
Technical Specifications
29 B. Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program, such as ArcView. Using a hand held computer, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. At the end of the project, the City will receive a complete listing of all sites inventoried, both in hard copy and software, which will enable the City to connect the inventory to the City's GIS system.
C. The Contractor shall have at a minimum five (5) years experience in collecting tree inventories and developing inventory databases, including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have specialized reports designed specifically for City's needs. The program should be developed based on the needs of the City. The user-friendly program should allow customers to generate a variety of reports quickly.
D. The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.
1.5 Work Quality
All tree pruning shall comply with good arboreal practice for the particular species of trees and shall be consistent with the pruning standards and best management practices as adopted by the International Society of Arboriculture.
The Contractor shall also meet the requirements of the American National Standards, Z133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.
The City's Contracting Officer shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards.
1.6 Standards
Technical Specifications
30 A Tree pruning operations shall commence no earlier than 7:00 a.m. and shall be completed each day no later than 5:00 p.m.
B. Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting.
When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1 ') to two feet (2') from the crotch. The undercut should be at least one-third (½) of the diameter. Make the second cut one-inch (1 ") to three inches (3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3½") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City's Contracting Officer. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis.
C. Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.
1.7 Annual Routine Tree Pruning
A Routine tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Special projects that are difficult to access, require the need for specialty equipment (i.e., 95-foot tower), service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental.
B. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.
C. Contractor shall notify the resident forty-eight (48) hours in advance of pruning.
D. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of work.
Technical Specifications
31 E. Contractor shall endeavor to maintain good public relations at all times.
The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to residents at each work location. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
F. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
G. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
H. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
I. When pruning fungus infected, diseased or fire blighted limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.
J. Topping shall not be done unless specifically requested by the City.
K. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.
All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
L. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than thirty (30%) percent.
M. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or Technical Specifications
32 crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
N. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
0. Heading cuts and/or topping will not be allowed under any circumstances.
Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
1.8 Pruning for Traffic Clearances
A. Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise." Clearance trims are performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City's Contracting officer and conform to the following:
B. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
C. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.
D. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.
1.9 Pruning Palm Trees
A. Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City's Contracting Officer, and in accordance to the following:
Technical Specifications
33 B. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City's Contracting Officer. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees.
C. Palm skinning (additional service & cost) - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches.
1.10 Service Request Tree Pruning
A. Trees that need service prior to their scheduled annual trim shall be trimmed according to the following timeline. The City shall submit a list of work orders to the Contractor during the last week of each month. The service requests on that list shall be completed within the first two weeks of the following month.
B. The trimming shall provide a symmetrical shape and aesthetically p I easing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and seven (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.
C. The techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly.
Technical Specifications
34 1.11 Tree Removals
A. Contractor is responsible for calling Underground Service Alert (USA) when directed by City to perform tree removal. Crew removes tree and hauls away all debris. Crew grinds stumps to a depth of eighteen (18") inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. Special projects that are difficult to access with equipment, or require the need for a crane or an aerial tower over seventy-five (75') feet would fall under Crew Rental rates. The City's Contracting Officer shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in accordance with the standards of the arboricultural profession.
B. All wood from removed trees is the property of the City and shall be disposed of at the direction of the City's Contracting Officer. No wood shall be left along the public right- of-way unless approved by the City's Contracting Officer. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.
C. The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1 ½') feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.
D. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.
Technical Specifications
35 1.12 Tree Planting
A. Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the City's Contracting Officer and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and workmanship.
B. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
C. The City shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting.
D. Planting pit shall be dug twice the width and the same depth of the root ball.
Before placing the tree in the planting pit, Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
E. Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete.
F. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put into the hole.
G. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
H. All trees shall be staked with two wooded lodge poles and two ties per pole.
Minimum size of lodge poles shall be ten (1 O') feet long, with a one and a half (1 ½") inch diameter. Tree ties shall be placed at one third (½") and two thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade.
I. Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.
Technical Specifications
36 J. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service and cost.
K. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
L. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards.
Trees shall be free from pests, disease and structural defects.
1.13 Crew Rental
The standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate.
1.14 Emergency Response
A. The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
B. Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.
Technical Specifications
37 C. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
D. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.
1.15 Line Clearance Pruning
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities.
The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Treeworkers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California.
1.16 Tree Watering
Watering is performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger.
1.17 Small Tree Care
The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.
1.18 Arborist Services
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis.
Technical Specifications
38 1.19 Traffic Control
A. Contractor shall conform to all City traffic safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association {ATSSA).
B. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.
1.20 Public Noticing of Tree Pruning Operations
A. Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers.
B. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed.
1.21 Clean Up
A. Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.
B. Each day's scheduled work shall be completed and cleaned up, and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight, with advance approval, in the City Yard; however the City will not be responsible for security of Contractor's equipment.
C. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.
D. The City's Contracting Officer or his authorized representative shall be the sole judge as to the adequacy of the clean-up.
Technical Specifications
39 1.22 Disposal of Debris
A. All tree debris produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive information detailing the amount of debris recycled. This information will be used for compliance with Assembly Bill 939.
B. Greenwaste that is transported to an offs it e facility for grinding into mulch shall be documented and available to the City on a monthly basis.
C. Wood Chips generated from pruning operations within the City of Fontana may first be dumped at a City designated site.
D. At the direction of the City's Contracting Officer and per accepted proposal, large tree trunks, which meet proper specifications, may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
1.23 Parking
The City of Fontana will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract. The Contractor will hold the City of Bell harmless and release the City of liability as a result of theft or vandalism.
1.24 Invoices
Contractor shall submit invoices on a monthly basis. Invoice format shall include but not be limited to a list of all tree maintenance operations that took place, the address of each individual tree, the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non payment until these requirements are met.
1.25 Inspections
The City's Contracting Officer or his designated representative, shall, at all times, have the access to inspect work, facilities and equipment.
Technical Specifications
40 1.26 Withholding Payment
The City may withhold payment to protect the City from loss due to one or more of the following reasons:
A. Defective or inadequate work not corrected.
B. Claims filed or reasonable evidence indicating probable filing of claims.
C. A reasonable doubt that the contract can be completed for the balance unpaid.
1.27 Minor Modifications and/or Additional Work
A. The City may modify these specifications with the joint approval of the Contractor and the City's Contracting Officer. All modifications shall be in writing.
B. In the event that the City of Fontana should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.
C. Additional work may be added to the contract work as the need arises.
The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal.
D. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.
E. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call.
1.28 CLARIFICATION OF SPECIFICATIONS
A. If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City's Contracting Officer for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery.
Technical Specifications
41 B. In the event that the City's Contracting Officer receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum.
Technical Specifications
42 (SUBMIT ONLINE WITH PROPOSAL}
PROPOSAL FORMS
AUTHORIZATION DOCUMENT
TO CITY OF FONT ANA, as CITY:
In accordance with CITY'S "Request for Proposals", the undersigned PROPOSER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated service program as set forth in the Instructions to Proposers, General Requirements, Special Conditions, Proposal Documents, Contract Documents, and Scope of Work therefore, and to perform all work in the manner and Ume prescribed therein.
PROPOSER declares that this proposal is based upon careful examination of the City facilities and work site, Instructions to Proposer, General Requirements, Special Conditions, Proposer Documents, Contract Documents, Scope of Work, and Plans. If this proposal is accepted for award, PROPOSER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Summary Sheet.
PROPOSER understands that a proposal is required for the entire work that the estimated quantities set forth in the Proposal Form are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices in the proposal include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts proposed, unit prices shall govern over extended amounts.
PROPOSER certifies that it has visited the site and familiarized itself with local conditions under which the work is to be performed. Furthermore, PROPOSER certifies that it will be responsible for incorporating into its proposal contingencies discernible by a reasonable investigation.
PROPOSER agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the PROPOSER will comply with such provisions of that Code before commencing the performance of this Contract if awarded to it.
PROPOSER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity have been satisfactorily filed, and that no such reports are currently outstanding.
PROPOSER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that this proposal is in all respects fair and without collusion or fraud.
Authorization Document
43 (SUBMIT ONLINE WITH PROPOSAL)
PROPOSER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore, PROPOSER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
DATED
PROPOSER NAME
PROPOSER ADDRESS
BY
PHONE
TITLE
FAX
Authorization Document
44 E-MAIL
(SUBMIT ONLINE WITH PROPOSAL)
INFORMATION REQUIRED OF PROPOSERS
PROPOSER certifies that the following information is true and correct:
Proposer's Name:
Contact Name:
Business Address:
Telephone: __________ _ Fax: -------------
Email Address: .,___ __________ _
State Contractor's License No. and Class: ----------------- Original Date Issued: _______ _ Expiration Date: ________ _ How many years has Proposer's organization been in business under its present name? Under what other or former names has Proposer's organization operated? If Proposer's organization is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President's Name:
Vice President's Name(s): ______________ _
Secretary's Name:
Treasurer's Name:
If an individual or a partnership, answer the following:
Information Required of Proposers
45 (SUBMIT ONLINE WITH PROPOSAL)
Date of Organization:
Name and address of all partners (state whether general or limited partnership):
If other than a corporation or partnership, describe organization and name principals:
List other states in which Proposer's organization is legally qualified to do business.
What type of work does the Proposer normally perform with its own forces? Has Proposer ever failed to complete any work awarded to it? If so, note when, where, and why:
Within the last five years, has any officer or partner of Proposer's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
Information Required of Proposers
46 (SUBMIT ONLINE WITH PROPOSAL)
LIST OF REFERENCES
Please provide information of at least five (5) and no more than ten (10) references which are in similar size and scope of work that the proposer has provided Janitorial Services to within the last four (4) years.
Project Client
(Name/Phone)
Description of
Work
List of References
47 Period of Magnitude
Performance Annual Value of
Contract
(SUBMIT ONLINE WITH PROPOSAL)
NON-COLLUSION DECLARATION
Tree Maintenance Services, PW-24-191-SP
The undersigned declares:
I am the ______________ of __________ _
___________________ , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ---------~ date], at ---------------~ city], [state].
(Title)
(Signature)
(Print Name)
Non-Collusion Declaration
48 (SUBMIT ONLINE WITH PROPOSAL)
CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code Section 12940.
The firm listed below certifies that it does not discriminate in its employment with regard to the factors set forth in Labor Code Section 1735; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM: ---------------------------
TITLE OF PERSON SIGNING: _______________ _
SIGNATURE: ____________________ _
DATE: ---------------------------
Please include any additional information available regarding equal opportunity employment programs now in effect within your company.
Certification of Non-Discrimination By Contractors
49 {SUBMIT ONLINE WITH PROPOSAL)
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract.
Name of Contractor:
By:
SIGNATURE
CONTRACTOR:
NAME
TITLE
DATE
Certification Labor Code
50 (SUBMIT ONLINE WITH PROPOSAL)
PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: -------------------- ---
DESCRIPTION UNIT
1. 2.
3. 4.
ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree
AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0 - 6" dbh per tree
b. 7" -12" dbh per tree
C. 13" -18" dbh per tree
d. 19" - 24" dbh per tree
e. 25" - 36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
C. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 - 24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch C. Tree Removal only, 0 - 24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$
$
$
$
$
$
$ __
$
$
$
$
$
$
$
$
$
$
DESCRIPTION UNIT
5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
C. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36" Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree
6. TREE WATERING per day
7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour
8. SMALL TREE CARE per day
9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour
10. PEST CONTROL APPLICATION per tree
11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour
12. GPS TREE INVENTORY per tree site
13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
52 PRICE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(SUBMIT ONLINE WITH PROPOSAL)
SCOPE OF SERVICES
The City of Fontana is soliciting Requests for Proposals from highly qualified firms to provide annual services for tree maintenance. The selected firm will also be responsible for responding to the City's emergency tree issues. The City currently maintains approximately 59,600 trees located in the City's park, landscape, and right-of-way areas.
These trees currently are trimmed annually on a five year trim cycle.
The purpose of this maintenance contract is to provide the City of Fontana with the best possible v a I u e i n tree maintenance services. The selected firm will work closely with City staff to ensure the most appropriate care and maintenance of the City's trees.
It is the intent of the City to award a five (5) year contract to the selected firm with the option of five additional one-year increments at the City's sole discretion. The City reserves the right to further negotiate the terms and conditions of the contract. The City reserves the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest bidder. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on needs. The work is routine maintenance and includes trimming or pruning, watering, removing and planting of trees, pest control and inventory services.
The City, at its option and with Contractor concurrence, may renew this contract for five ( 5) additional years, in one year increments, on the same terms and conditions as provided herein. This option may be exercised only if the Contractor demonstrates superior performance in the provision of tree maintenance services during the prior five year contract term. The City has the right to terminate the contract with a 30-day notice for any reason.
Scope of Services
53 CITY OF FONTANA
TREE MAINTENANCE SERVICES AGREEMENT
TRACKING NUMBER: PW-24-191-SP
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Fontana, a public agency organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 ("City") and [***INSERT NAME***], a [***[INSERT TYPE
OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] ("Contractor") . City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] 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 of City.
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. 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 professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, Agreement
54 and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The tenn of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], 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 Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3 .2.1 Control and Payment of Subordinates : Independent Contractor. 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.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates [***INSERT NAME OR TITLE***], 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 behalfofthe City for a11 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.
3.2.5 Contractor's Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], 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 best skill and attention, 16498.00]50\32126938.1
Contract Agreement
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