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1 NOTICE INVITING
PROPOSALS
CITY OF SIGNAL HILL
NOTICE INVITING PROPOSALS
The City of Signal Hill (“City”) will receive electronic proposals only for providing the Street Tree Master Plan Services (“Services”), no later than 5:00 P.M. on March 3, 2022 , Proposals shall be valid for 180 calendar days after the submission deadline.
The Services generally consists of providing a five (5) Year Street Tree Master Plan by updating the existing 2010 Master Plan, provide an amendment or update to the existing Tree Policy, and provide an amendment or update to the existing Tree Planting Standard Ordinances.
Proposals must be submitted in accordance with the City’s Request for Proposals (“RFP”), which is available to registered vendors through the City’s electronic bid management system, Planet Bids,
https://pbsystem.planetbids.com/portal/36746/bo/bo-detail/90009 Interested bidders may participate by selecting “Bids and Proposals” on the home page.
The Contract Documents may be downloaded at no charge. Contract Documents will not be available for sale at City Hall. Proposals must be submitted in electronic format through the City’s electronic bid management system. The electronic bid management system will not accept late proposals. Electronic modifications to or withdrawal of proposals may be made by the Respondent prior to the proposal closing deadline. The price of each proposal will be available to the public at the closing deadline on the City’s website in the electronic bid management system.
A contract shall be awarded, if at all, to the best qualified vendor. Determination of the best qualified vendor will be made solely by the City on criteria determined by the City. The decision of the City shall be final. In its discretion, the City may reject any proposal, abandon the purchase, or re-advertise. The City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. The successful Respondent shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Respondent to whom the contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Respondent and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the DIR. 55728.00300\33359615.1
2 NOTICE INVITING
PROPOSALS
For further information, contact Thomas Bekele at (562) 989-7355.
Posted in the Signal Hill Tribune Newspaper February 4th, 2022 Poster in accordance with S.H.M.C Section 1.08.010 on or before: February 4th, 2022
END OF NOTICE INVITING PROPOSALS
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3 ATTACHMENT 1
SCOPE OF SERVICES
CITY OF SIGNAL HILL
REQUEST FOR PROPOSALS
1. INTRODUCTION
1.1 About the City
The City of Signal Hill (“City”) is located in Los Angeles County, California, in the area commonly referred to Signal Hill with a population of approximately 11,800 residents. The City of Signal Hill covers 2.2 square miles, surrounded by the City of Long Beach. The City was incorporated in 1924, a few years after the discovery of oil, and is a Charter City, with its own public library and nine parks with year-round activities The City of Signal Hill's fiscal year begins on July 1 and ends on June 30.
The City was incorporated in 1924, operates under the Council/Manager form of government and is considered a contract city. The five members of the City Council are elected at-large. They serve staggered four-year terms, with the Mayor being selected annually from among the Council Members. The Council meets on the second and fourth Tuesdays of each month.
City Hall is located at 2175 Cherry Avenue Signal Hill, CA 90755. The telephone number is (562) 989-7300, and the fax is (562) 989-7394. The City website address is http://www.cityofsignalhill.org.
1.2 Project Description
The City desires proposals from qualified vendors ("Respondents" or “Vendors”) who can provide Services for the Street Tree Master Plan project (“Project”). Responses must conform with the requirements of this Request for Proposal ("RFP") The services are expected to be completed within six (6) months from City’s issuance of a Notice to Proceed.
The budget for this Project is $100,000.
The successful Respondent will be required to enter into an Agreement (incorporated herein as Attachment 3 as Sample Agreeement) which will include the requirements of this RFP as well as other requirements. By submitting a Proposal, the Respondent agrees to all of the terms of the RFP and Agreement. The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.
1.3 City Contact for this RFP
The principal contact for the City of Signal Hill regarding this RFP will be Thomas Bekele, Contracts Manager for Public Works, (562) 989-7355, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City of Signal Hill to the Respondent.
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4 ATTACHMENT 1
SCOPE OF SERVICES
2. PROPOSAL SCHEDULE
The schedule is as follows:
1 RFP Release February 4, 2022
2 Pre-Proposal Requests for Clarification
Due
February 24, 2022 at 5:00 P.M.
3 Proposal Due Date March 3, 2022 at 5:00 P.M.
4 Proposal interview Questions March 10, 2022
5 Notification to Selected Consultant March 16, 2022
6 Award by City Council April 12, 2022
7 Project Start* May 3, 2022
8 Project Duration 6 months
*The City expects, but does not guarantee, that the contract award will be made by the City Manager or City Council on the date indicated above.
3. REQUESTS FOR CLARIFICATIONS
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and submitted through the City’s bid management system by selecting the Q&A Tab. Questions sent directly to City Staff will not be addressed and you will be directed to submit your question(s) online. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by February 24, 2022 no later than 5:00 P.M. local time.
All registered vendors will be notified by e-mail when an addendum is posted. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Respondent, and no Respondent should rely on any such oral interpretation.
4. SCOPE OF REQUIRED SERVICES
A detailed Scope of Services is attached hereto as Attachment "1". The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the attached Scope of Services. Upon final selection, the Scope of Services may be modified and refined during negotiations with the City.
5. PUBLIC WORKS PREVAILING WAGE AND DIR CONTRACTOR REGISTRATION Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic 55728.00300\33359615.1
5 ATTACHMENT 1
SCOPE OF SERVICES
hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful Respondent shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Respondent to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Respondent’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Respondent and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the DIR.
6. PROPOSAL REQUIREMENTS
6.1 Proposal Content
Respondent's Proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant materials will not be favorably received. The content and sequence of the information contained in each copy of the proposal shall be as follows:
(a) Summary Sheet
Include a fully-completed copy of the Summary Sheet included with this RFP (Attachment 2, “Required Forms”).
(b) Table of Contents
Include a clear identification of the material by section and by page number. (c) Letter of Transmittal
Identify Respondent's legal name and contact information, including corporate office and local office address, telephone number, fax number, web site address, and e-mail address. Summarize key elements of the proposal. The letter must stipulate that the cost proposal will remain valid for a period of at least 180 days. The letter shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.
(d) Key Personnel.
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SCOPE OF SERVICES
Identify the names and specific qualifications, experience, and appropriate licenses held, if applicable, of the primary staff to be assigned to the project.
Include a resume for all primary staff. Include any subconsultants which Respondent proposes to use for any portion of the services.
Respondent shall also identify a Management Contact (Representative authorized to sign an agreement for your firm) and a Project Manager (person responsible for day-to-day management of the project). The successful Respondent may only change the Management Contact, Project Manager, and other supporting staff and specialists with prior written permission of the City.
(e) Plan for Services
Provide a conceptual plan for services to the City that you believe are appropriate for the City. Indicate features, skills and/or services which distinguish your firm and make it the better choice for the City. Indicate features, skills and/or services which will enable your firm to provide the services promptly or within the time specified, without delay or interference Discuss your ability to provide future maintenance repair parts and services for the use of the supplies provided, if any.
(f) Scope of Services
Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Proposals must address all items set forth in Section 4 "Scope of Services." Additional information which, in your opinion, should be included must be clearly identified.
(g) Experience
(i) List of Representative Projects. List of representative projects undertaken by Respondent in the last 5 years demonstrating experience in each category of the project. Identify the names of organizations, and names and telephone numbers of persons who can be contacted with regard to the services you have provided. (ii) Identify all previous and current contracts with the City of Signal Hill.
Include a contact name, description of services, and dates of services performed.
(iii) List all public agencies (not to include the City of Signal Hill) for which contracts were terminated in the last three years. Show names of organizations and names and telephone numbers of persons who can be contacted. Firms may provide a brief explanation of the reason(s) for termination(s).
(h) Certificate of Proposal
Include a fully-completed copy of the Certificate of Proposal included with this RFP (Attachment 2, “Required Forms”).
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SCOPE OF SERVICES
(i) Cost Proposal
The Respondent must enter the price of its Proposal in the electronic bid form.
(j) Compliance with Employment Nondiscrimination Laws
Identify and describe any final decisions or orders of Federal or State agencies that Respondent has received governing the subject of nondiscrimination in employment. If none, verify in writing Respondent has not received any such decisions or orders.
6.2 Proposal Format
Proposals shall include one (1) electronic pdf version, no longer than 15 pages that will be uploaded to PlanetBids. Proposals shall be organized and numbered in the order presented in Sections 6.1. Proposals must include page numbers for all pages in the proposal.
7. SUBMITTAL INSTRUCTIONS
Proposals must be submitted in electronic format through the City’s electronic bid management system no later than 5:00 P.M. on the date indicated in Section 2. The City’s electronic bid management system, Planet Bids, can be accessed at http://www.cityofsignalhill.org/ by selecting “Bids and Proposals” on the home page. Proposals submitted in any other way (e.g., email, oral, telephonic, facsimile) will not be considered.
Electronic modifications to or withdrawal of proposals may be made by the Respondent prior to the proposal closing deadline.
The Respondent must attach pdf files to the electronic proposal submission containing its Proposal and all of the required forms completed and signed. The Respondent must enter the price of its Proposal in the electronic bid form.
It is the sole responsibility of each Respondent to see that its Proposal is properly submitted to Planet Bids in the proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE PROPOSALS. The City will only consider Proposals that have transmitted successfully and have been issued a confirmation number with a time stamp from Planet Bids indicating that the Proposal was submitted successfully.
Respondents experiencing any technical difficulties with the proposal submission process may contact the Planet Bids system support at 818-992-1771. If you continue to have difficulty, call the City’s Public Works Department at (562) 989-7355 Neither the City, nor the City’s bid management system, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the proposal submission date and/or time.
8. EVALUATION AND AWARD
8.1 Evaluation Criteria
The City will evaluate and rank the proposals. Proposals will be evaluated according to the following criteria:
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SCOPE OF SERVICES
a) Qualifications of the Firm: Technical experience in performing work of a similar nature; experience working with public agencies; strength and stability of the firm; and assessment by client references.
b) Proposed Team and Organization: Qualifications of proposed personnel and key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City's needs. Firm’s current work load and ability to demonstrate their ability to deliver the project based on the committed resources and within the proposed defined schedule. c) Detailed Work Plan: Thorough understanding of the City's requirements and objectives; logic, clarity, specificity, and overall quality of work plan. Defined approach to carry out and acquire the field review data; perform the design in an efficient and effective manner; and ability to deliver quality final work product per the proposed project schedule .
8.2 Evaluation Procedure
An Evaluation Committee will be appointed to review all proposals. The Committee will be comprised of City staff and may include outside personnel. The Committee members will review and evaluate the proposals based on the above criteria. Fee is not evaluated initially but is reviewed and will be considered during negotiations. The Committee will recommend to the Director of Public Works the firm whose proposal is most advantageous to the City. The Director of Public Works will then forward his or her recommendation to the City Council for final action.
8.3 Respondent Presentations/Interviews
The City may, at its discretion, invite a shortlist of Respondents to participate in a panel interview to be held at the City. The City may require that Respondents prepare a presentation as part of the interview. No Respondent shall be entitled to or otherwise guaranteed an interview.
8.4 Selection, Negotiation, and Award
During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Respondent, or to allow corrections of errors or omissions. The contract, if awarded, shall be to the most qualified Respondent, which submits the proposal that, in the sole judgment of City, is the most qualified Respondent on the basis of the evaluation criteria set forth herein.
Upon selection of a Respondent, the City will endeavor to negotiate a mutually agreeable agreement with the selected Respondent. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Respondent selected by the City. The City reserves the right to contract for Services in the manner that most benefits the City including awarding more than one (1) contract if desired.
After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Manager or City Council concerning the proposed Agreement. Subject to the contract amount, the City Manager or City Council has the final authority to approve or reject the Agreement.
8.5 Notification of Award
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SCOPE OF SERVICES
Respondents who submit a proposal in response to this RFP shall be notified by mail regarding the firm who was awarded the contract. Such notification shall be made within seven (7) days of the date of contract award.
8.6 Protests
(a) Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Respondent may protest a contract award if the Respondent believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the intended contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the intended contract award will be rejected by the City as invalid and the Respondent’s failure to timely file a protest will waive the Respondent’s right to protest the contract award. The Respondent’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Respondent for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.
(b) City Review: The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Respondent submitting the protest with a written statement concurring with or denying the protest.
Action by the City relative to the protest will be final and not subject to appeal or reconsideration.
The procedure and time limits set forth in this section are mandatory and are the Respondent’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.
9. GENERAL PROVISIONS
9.1 Amendments to RFP
The City reserves the right to amend or revise the RFP and its attachments or issue to all Respondents a Notice of Amendment to answer questions for clarification. Amendments or revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the proposal and made part of the Contract Documents. Copies of addenda will be issued by the City through the City’s bid management system. Respondents must acknowledge receipt of all addenda through the City’s bid management system by clicking “acknowledge.” Respondents are responsible for ensuring that they have received any and all addenda. Each Respondent should contact the City to verify that it has received all addenda issued, if any, prior to the proposal opening. Failure to acknowledge receipt of all addenda may result in proposal rejection.
9.2 No Commitment to Award.
Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP process for its own convenience, to negotiate any price or provision, task order or service, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Respondent 55728.00300\33359615.1
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concurrently, or to cancel all or part of this RFP. The Agreement, if any is awarded, will go to the Respondent whose proposal best meets City’s requirements.
9.3 Amendments to Proposals.
Unless specifically requested by the City, no amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Respondent may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.
9.4 Non-Responsive Proposals.
A Proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal.
9.5 Costs for Preparing.
The City will not compensate any Respondent for the cost of preparing any Proposal, and all materials submitted with a Proposal shall become the property of the City. The City will retain all Proposals submitted and may use any idea in a Proposal regardless of whether that Proposal is selected.
9.6 Alternative Proposals.
Only one final proposal is to be submitted by each Respondent. Multiple proposals will result in rejection of all proposals submitted by the Respondent.
9.7 Public Documents.
All Proposals and all evaluation and/or scoring sheets shall be available for public inspection at the conclusion of the selection process.
9.8 No Exceptions.
Submission of a Proposal constitutes acceptance by Respondent of the conditions contained in this RFP and the General Services Agreement (attached as Attachment 3), should Respondent be selected.
9.9 Conflict of Interest
By submitting a Proposal, the Respondent declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project.
For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.
9.10 Scope Examination
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SCOPE OF SERVICES
In submitting a proposal, Respondents warrant that they have understood the Scope of Services as they deem necessary. Respondents shall also familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. 55728.00300\33359615.1
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SCOPE OF SERVICES
ATTACHMENT 1
SCOPE OF SERVICES
There are approximately 3,414 City-managed trees within the City of Signal Hill. The City’s existing tree inventory data is maintained by and used for tree maintenance services by the contract Arborist. The consultant is expected to review and analyze the City tree database to assess the status of the city's urban forest; determine the health, viability, and condition of the City’s urban forest. The Street Tree Master Plan project will include the following deliverables:
I. Provide a five (5) Year Street Tree Master Plan by updating the existing 2010 Master Plan, See Exhibit A.
II. Provide amendment or update to the existing Street Tree Policy, See Exhibit B.
III. Provide amendment or update the existing Tree Planting Standard Ordinances 12.05 , Exhibit D.
Using the following project requirements in a comprehensive Scope of Work, proposals must include an outline of the consultant’s plan to update the Street Tree Master Plan. Include any special services that will be offered to meet the City's need for timely completion and overall success of this project.
a. Meet with City staff to review the Scope of Work, desired deliverables, schedules, and identify criteria for documenting and developing the Street Tree Master Plan. b. Use GIS based software “Arbor Access” as a tool to evaluate the cost-benefit of strategic community investment in trees and their care; determine the optimal size and species of trees to plant in strategic locations for maximum environmental benefits. Consultant will be provided access to the software.
c. All recommendation, updates and reports shall be prepared by a certified arborist and licensed Landscape Architect and/or Urban Planners.
d. Audit the number of trees noted in the Arbor Access, highlight any discrepancies, and propose correction.
e. Assess the current status of the City’s urban forest and identify tree care and maintenance best management practices, establish regular pruning cycles and pest control, yearly tree mitigation plantings, community involvement opportunities, and related policies and procedures.
f. Review the City’s 2010 Street Tree Master Plan, tree ordinances, city street tree planting list, city street tree replacement list, city processes, tree care standards, written policies and procedures for consistency with industry best practices. Provide language for an updated tree ordinance, if needed, to ensure that the Street Tree Master Plan is integrated into City processes in order to protect the urban forest. g. Identify the City’s current management team, organizational structure and prepare a work plan and budget for City Staff to effectively implement the Street Tree Master Plan. h. Build consensus and vision from community stakeholders regarding a desirable, achievable, and sustainable future urban forest.
1) Work with City’s Sustainability Committee to establish censuses. Prepare a “Survey Monkey” or other applications that will provide input from the community. 2) Host a minimum of two (2) meetings with Sustainability Committee members to review existing policies, programs and the existing tree inventory; and estimate costs, benefits and appropriateness of urban trees to update or replace the City’s Tree List/Plant Palette.
3) Develop and implement an authentic public outreach and education campaign that reaches appropriate community planning groups, residents, nonprofit 55728.00300\33359615.1
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SCOPE OF SERVICES
organizations, businesses, academia, community leaders and City staff to solicit unique ideas and create alignment with the purpose of the Street Tree Master Plan.
4) Assist staff and facilitate a minimum of five (5) stakeholder activities such as community outreach events, surveys, fairs, and/or workshops, and facilitate web site postings such as Twitter, Facebook and Instagram feeds to solicit advice and feedback.
i. Deliver an informative presentation at a minimum of one (1) City Council meeting. j. Provide a minimum of one (1) formal training session to City program managers and supervisors in various departments who will be responsible for administering the Street Tree Master Plan.
k. Draft public service announcements to notify residents and businesses that the Street Tree Master Plan will guide all urban forest matters.
l. Create an inventory of all vacant tree wells and propose a solution to plant or remove the tree wells.
m. Audit existing tree count and health. Data will be provided through the City’s tree management software “Arbor Access”.
n. Proposed update to the Street Tree Master Plan shall take the City’s “View Protection Policy” – Exhibit C into consideration of the
o. Prepare a draft of items listed in Section “a” for City review and incorporate City comments in the final document:
1) Develop an outline of content by chapter; receive City approval prior to proceeding;
2) Develop an 80% draft for review and feedback;
3) Finalize a 100% document for review and adoption by the City Council within 30 days of receipt of final City comments.
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14 ATTACHMENT 2
REQUIRED FORMS
ATTACHMENT 2 - REQUIRED FORMS
(EXCLUDED FROM THE 15 SHEET REQUIREMENT)
EXPERIENCE
List of cities and/or government agencies the consultant prepared Street Tree Master Plan for:
No. Agency Name and Address Agency Contact Agency Population Size
1. 2.
3. 4.
5. 55728.00300\33359615.1
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REQUIRED FORMS
SUMMARY SHEET
Firm Name:
Firm Parent or Ownership:
Firm Address:
Firm Telephone Number:
Firm Fax Number:
Number of Years in Existence:
Management Contact (person responsible for direct contact with the City of Signal Hill and services required for this Request for Proposals):
Name: Title:
Telephone Number: Fax:
Email:
Project Manager (person responsible for day-to-day servicing of the account):
Name: Title:
Telephone Number: Fax:
Email:
Type of services performed by the firm:
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REQUIRED FORMS
CERTIFICATION OF PROPOSAL TO THE CITY OF SIGNAL HILL
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP) for Public Works Street Tree Master Plan, and to be bound by the terms and conditions of the RFP.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Respondent and that the Respondent is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, including any addenda issued thereafter.
5. This firm has carefully read and fully understands all of the terms and conditions of the RFP.
6. The proposal shall be valid for 180 days from the date submitted to the City.
Name of Firm: _________________________________________ By:
(Authorized Signature)
Type Name: __________________________________________
Title: ________________________________________________ Date: ________________________________________________
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REQUIRED FORMS
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information. No bid or proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Respondent hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations1.
Name of Contractor:
DIR Registration Number:
Small Project Exemption: ___ Yes or ___ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project or contract.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in any contract with subcontractors and ensure that all subcontractors are registered at the time of the proposal submittal and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the proposal is non-responsive.
Signature: _______________________________________
Name and Title: ___________________________________
Dated: _________________________
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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18 ATTACHMENT 3
AGREEMENT
ATTACHMENT 3
AGREEMENT – SAMPLE
CITY OF SIGNAL HILL
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 2175 Cherry Avenue, Signal Hill, CA 90755("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional [INSERT TYPE] consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [INSERT TYPE] consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional [INSERT TYPE] consulting services for the Community Development Block Grant project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant 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] consulting 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, 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 term of this Agreement shall be from July 1, 2021to June 30, 2022, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall 55728.00300\33359615.1
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meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant 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. Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].
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3.2.5 City's Representative. The City hereby designates Aly Mancini, Community Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions 55728.00300\33359615.1
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of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. Not Applicable.
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
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(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to 55728.00300\33359615.1
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Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and 55728.00300\33359615.1
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Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
ATTN: Aly Mancini, Community Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written 55728.00300\33359615.1
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information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil 55728.00300\33359615.1
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Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 55728.00300\33359615.1
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3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant 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.
CITY OF SIGNAL HILL [INSERT NAME]
By: By:
Mayor or City Manager [INSERT NAME AND TITLE]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[INSERT NAME AND TITLE
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
103062.v4 Ordinance No. 2011-11-1441
December 6, 2011
ORDINANCE NO. 2011-11-1441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SIGNAL HILL, CALIFORNIA, AMENDING SIGNAL
HILL MUNICIPAL CODE TITLE 12 BY ADDING CHAPTER
12.05 ALLOWING FOR THE ESTABLISHMENT OF
STANDARDS FOR STREET TREE PLANTING,
REMOVAL, REPLACEMENT, AND MAINTENANCE
UNDER ORDINANCE NO. 2011-11-1441 HEREIN
WHEREAS, City street trees, also referred to as the City of Signal Hill’s (“City”) urban forest, are an important part of the attraction and character of the City streets and neighborhoods and provide many benefits to our community; and WHEREAS, currently the City maintains approximately 3,600 street trees for the benefit of the community. In fact, there are over 70 different species, and collectively, the street trees have an estimated value of $ 9.7 million; and WHEREAS, the City wishes to establish standards for the planting, removal, replacement, and maintenance of all City street trees in accordance with tree species recommendations contained in the Street Tree Master Plan maintained at the Department of Public Works/Engineering; and
WHEREAS, the City wishes to create a sense of community, pride, and recognition to individual neighborhoods; and
WHEREAS, the City wishes to minimize maintenance costs and develop a cost-effective street tree planting program; and
WHEREAS, this ordinance is not intended to be applied to trees located in City parks or on private property (such as private streets or property owned and maintained by homeowners associations).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIGNAL
HILL, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
103062.v4 Ordinance No. 2011-11-1441
December 6, 2011
Section 1. Chapter 12.05 of the Signal Hill Municipal Code is hereby added which shall read in its entirety as follows:
Sections:
12.05.010 Purpose.
12.05.020 Definitions.
12.05.030 Street Tree Maintenance.
12.05.040 New Street Tree Planting.
12.05.050 Existing Street Tree Removal/Replacement.
12.05.060 Deposit Fees.
12.05.070 Appeals.
12.05.080 Appeal Fee.
12.05.010 Purpose. The purpose of this Chapter is to establish standards for the planting, removal, replacement, and maintenance of all City street trees in accordance with tree species recommendations contained in the Street Tree Master Plan and to create a sense of community, pride, and recognition to individual neighborhoods. The City wishes to minimize maintenance costs and develop a cost-effective street tree planting program.
12.05.020 Definitions.
A. Adjacent property. “Adjacent property” means any portion of public rightof-way that directly abuts private property and falls under the maintenance responsibility of the requesting property owner.
B. Poorly structured tree. A “poorly structured tree” means a tree that is growing in such a way as to cause hazard within the public right-of-way.
C. Street tree. A “street tree” is defined as a City-owned tree that is located in the public rights-of-way which include parkways (between street curb and sidewalk), trees located in sidewalk tree wells, and behind sidewalks but within the public street right-of-way.
D. Street Tree Master Plan. The “Street Tree Master Plan” is referenced and incorporated herein. It is maintained at the Department of Public Works/Engineering. The Street Tree Master Plan serves to establish a cohesive tree planting program with an appropriate diversity of tree species, designed to provide an expression of neighborhood identity through distinctive plantings while minimizing sidewalk damage and excessive maintenance. The Street Tree Master Plan is updated approximately every five years and consists of the following elements:
1. A City-wide street tree inventory evaluation listing tree condition, type of species (10 most common), trunk diameter size, and tree height, as well as identification of vacant tree sites, stumps and dead/diseased trees.
2. A Street Tree Planting Schedule listing the existing street tree 103062.v4 Ordinance No. 2011-11-1441
December 6, 2011
species type along with recommended replacement tree species that are believed to be most appropriate given the unique characteristics of any one particular site.
3. A Street Tree Species Palette which provides general parameters of each of the recommended street tree species referenced in the City Street Tree Planting Schedule.
12.05.030 Street Tree Maintenance. The City strives to maintain City street trees in a healthy and nonhazardous condition through good arboricultural standards and practices. This Section defines both City responsibilities and property owner/resident responsibilities for the maintenance and overall health of the community’s street tree inventory.
A. City Responsibilities. City responsibilities include performing periodic trimming work for all the street trees. The street tree trimming schedule is divided up into four maintenance areas as defined in the City’s Street Tree Master Plan. Street trees located in each of these maintenance areas are generally trimmed on a two-year cycle as the City budget allows. Specific individual street trees may be trimmed on a more regular basis to ensure sidewalks and streets are clear of any safety hazards or as otherwise required.
B. Property Owner/Resident Responsibilities. Property owner and resident responsibilities include ensuring street trees located adjacent to the property receive the proper amount of water to ensure the health of the tree. Responsibilities also include reporting any damaged or suspected diseased street trees to the Public Works Department. Under no circumstances shall a property owner/resident be permitted to trim or remove a street tree.
C. Unscheduled Street Tree Trimming – Owner Requests. A property owner may request that street trees adjacent to their property be trimmed more frequently than the City’s trimming schedule would provide.
1. The cost to perform this additional trimming work, if ultimately approved, would be that of the property owner. The property owner shall complete a Street Tree Request Application justifying the need for expedited street tree trimming.
2. The Public Works Department staff will assess the overall condition of the existing street tree, the extent of trimming needs, and estimating the cost of such additional tree trimming. The property owner’s approval of the cost shall be obtained before the Director of Public Works’ determination is made.
3. If approved, the assessment shall include a written
recommendation on the extent of trimming that may be performed along with a written estimated cost for the trimming work.
4. Assessments will be completed on a first-come, first-served basis and, depending on resources, within 30 days.
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5. The Director of Public Works shall make the final determination on the unscheduled street tree trimming.
6. If mutually agreed to by the applicant and Public Works Director, the street tree trimming shall be performed within 30 days.
7. Prior to the commencement of the work, the applicant must deposit funds with the City to cover the cost of the street tree trimming work, including all incidental costs in compliance with Section 12.05.060 of this Chapter.
12.05.040 New Street Tree Planting.
A. Placement of Street Trees. The Director of Public Works shall make the determination on the placement and selection of new street trees. This determination will be based on criteria defined in this Section; however, other criteria that may be unique to a given location will also be considered.
B. Street tree species selection. Absent unique circumstances, the Director of Public Works will make a determination on the selection of new street trees from the proposed street tree species list in the City’s most current Street Tree Master Plan. The proposed street tree species must be listed in the City’s most current Street Tree Master Plan Update. The Street Tree Planting Schedule contained in the Street Tree Master Plan lists approved street species based on street name and address blocks. In most cases there are at least two or three species that can be selected at a given location.
The minimum size for a street tree planting/replacement shall be a 15-gallon container.
C. New street tree placement. Features that may be unique to an individual street parkway will be taken into consideration by the Director of Public Works when placing a new street tree. These include width of parkway, width of sidewalk, existence of sidewalk, utility poles, street lights, bus stops, traffic signs, ADA accessibility, utility boxes, and fire hydrants. Therefore, the following planting guidelines must be followed by the Director of Public Works to optimize street tree planting opportunities.
1. Street trees shall have an approximate range between 30-foot minimum spacing to a 50-foot maximum spacing.
2. Street trees shall be placed 20 feet from a street light, power pole or bus stops where possible.
3. Street trees shall be placed a minimum of 15 feet from the start of a street curb return.
4. Street trees shall be placed a minimum of 10 feet from a fire hydrant, utility meter, or driveway approach where possible.
5. Street trees shall be centered in the parkway between the sidewalk and curb.
6. Street tree well sizes must be a minimum of 30 inches and provide 103062.v4 Ordinance No. 2011-11-1441
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enough sidewalk clearance to meet ADA access requirements.
D. New street tree planting – property owner request. The following process shall be utilized by an applicant when requesting a new street tree to be planted:
1. The property owner shall complete a Street Tree Request Application.
2. The property owner shall include the following information in the Application: (i) a sketch of the property owner’s adjacent parkway showing all pertinent information as detailed in Subsection C of this Section, and (ii) choice of tree species out of the proposed street tree species list in the City’s most current Street Tree Master Plan.
3. Applications will be reviewed and approved or denied by the Public Works Director on a case by case basis based on the Public Works Department staff’s assessment of the applicant’s request, extent of the need for the new street tree, and estimating the cost for same.
a. If the Application is approved for a property where street tree(s) currently exist adjacent to the applicant’s property, all costs to have a new tree planted under this Section, shall be that of the property owner. If mutually agreed to by the applicant and the Public Works Director, the new street tree planting shall be performed within 30 days provided.
b. If the Application is approved and it is determined that the property owner is responsible for the cost of the work, the City will prepare a written cost estimate and will forward to the applicant with written approval of the application. Prior to the commencement of the work, the applicant must deposit funds with the City to cover the cost of the street tree planting work including all incidental costs in compliance with Section 12.05.060 of this Chapter.
c. If the application is approved for a property where street tree(s) currently do not exist adjacent to the applicant’s property, the City is responsible for the cost of the planting of the street trees per Section 12.05.060 of this Chapter and as City budget allows on a first-come, first-served basis.
4. Any person dissatisfied with the decision of the Public Works Director may appeal such decision to the City Council in compliance with Section 12.
05.070 of this Chapter.
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12.05.050 Existing Street Tree Removal/Replacement.
A. The Director of Public Works shall make the determination on the replacement of existing street trees as defined in this Section.
B. City Responsibility – Street Tree Replacement. The Department of Public Works will assess the overall condition of each street tree as part of the street tree trimming cycle. Should one of the following conditions be observed as part of this assessment, the City will remove and replace the street tree at no cost to the adjacent property owner:
1. Dead, diseased, or severely declining tree
2. Poorly structured tree (potentially hazardous)
3. Seedling or volunteer growth (palms, pepper, etc.)
4. American’s with Disability Act access, utility, or sign obstruction
5. A tree severely damaging adjacent hardscape or underground/ overhead utilities
Property owners are also responsible to report to the City any observed decline of the health of a street tree and/or other observations consistent with the criteria listed above regarding street trees adjacent to their properties. Upon receiving these reports the City will take the necessary actions including possible replacement of the street tree at no cost to the property owner.
C. Street Tree Replacement - Property Owner Request. A property owner may request replacement of a street tree adjacent to the property for reasons other than defined in Subsection B above. The entire cost to perform this replacement work, including incidental cost, if ultimately approved, shall be the responsibility of the property owner. The following process shall be followed when making this request:
1. The property owner shall complete a Street Tree Request Application describing the reason(s) for the proposed street tree replacement and choice of tree species out of the proposed street tree species list in the City’s most current Street Tree Master Plan.
2. The Public Works Department Staff will assess the overall condition of the existing street tree proposed for replacement, extent of the need for the replacement, and estimating the cost for same. If approved, the assessment shall include a written recommendation based on the tree planting guidelines per this Chapter with a written estimated cost for the replacement work. Assessments will be completed on a first-come, first-served basis and, depending on resources, within 30 days.
3. If mutually agreed to by the applicant and the Public Works Director, the street tree replacement planting shall be performed within 30 days. 103062.v4 Ordinance No. 2011-11-1441
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4. Prior to the commencement of the work, the applicant must deposit funds with the City to cover the cost of the street tree trimming work including all incidental costs in compliance with Section 12.05.060 of this Chapter.
D. Street Tree Removal (No Street Tree Replacement) - Property Owner Request. The City discourages the removal of a street tree unless a corresponding replacement tree is planted in approximately the same location consistent with the planting guidelines detailed in Section 12.05.040, Subsection C of this Chapter.
However, the City also recognizes there may be unique circumstances that warrant removal of a street tree without a corresponding planting of a replacement street tree.
An example of such a circumstance may include street trees planted at a greater density that is specified in planting guidelines. The following process shall be utilized when making this request:
1. The property owner shall complete a Street Tree Request Application describing the reason for the proposed street tree removal. A Street Tree Request Application may be obtained at the Department of Public Works/Engineering or on-line at the City’s website. The property owner shall include the following information in the Application: (1) a sketch of the property owner’s adjacent parkway showing location of all existing street trees adjacent to a property along with pertinent information as detailed in Section 12.05.040, Subsection C of this Chapter.
2. The Public Works Department Staff will then assess the need for the street tree removal, estimating the cost of such Street Tree Removal. If approved, the assessment shall include a written recommendation based on the tree planting guidelines per this Chapter with a written estimated cost for the removal work.
Assessments will be completed on a first-come, first-served basis and, depending on resources, within 30 days.
3. If mutually agreed to by the applicant and the Public Works Director, the street tree removal shall be performed within 30 days. Prior to the commencement of the work, in compliance with Section 12.05.060 of this Chapter, the applicant must deposit funds with the City to cover the cost of the street tree removal work including all incidental costs, including but not limited to, the cost of replanting of the parkway area with appropriate ground cover.
E. Any person dissatisfied with the decision of the Public Works Director under this Section may appeal such decision to the City Council in compliance with Section 12.05.070 of this Chapter.
12.05.060 Deposit of Fees. If any application is approved under Sections 12.
05.030, 12.05.040, and/or 12.05.050 of this Chapter where the applicant is determined to be responsible for cost of the work, the City will not commence any work unless the applicant deposits the complete requested deposit amount with the Department of Public Works within thirty (30) days of the date of the City's request for the deposit.
Failure to timely deposit the funds may be construed as a waiver of the applicant’s rights and requests.
1. The Department shall maintain a schedule of typical costs for tree 103062.v4 Ordinance No. 2011-11-1441
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removal or replacement.
2. If during the course of the work, the City determines that the initial deposit is not sufficient, the City may demand, in writing, for the applicant to supplement the deposit accordingly. The City will not continue any work unless the applicant supplements the deposit as demanded by the City within ten (10) days.
Failure to timely supplement the deposit may be construed as a waiver of the applicant’s rights and requests, and the City may then finalize the project at its sole discretion as it deems appropriate.
3. At the completion of the project any unused deposited funds by the City shall be immediately refunded to the applicant by the City.
12.05.070 Appeals.
A. Any person wishing to appeal the decision(s) of the Public Works Director pursuant to Sections 12.05.040 and 12.05.050 may appeal such decision to the City Council. The appeal must be filed in writing with the City Clerk, within fourteen (14) days of the mailing or posting of the decision, and must specify the basis of appeal and the relief sought. The appeal will be scheduled for hearing within two (2) regularly scheduled meetings of the City Council and notice of the Appeal shall be provided by the City to all property owners and occupants of property within 300 feet of the Property.
Appeals fees shall accompany any filing in compliance with Section 12.05.080 herein.
B. Appeals shall be heard by the City Council. The Council may sustain, modify or overrule the decision of the Director. The determination of the City Council shall be final.
12.05.080 Appeal Fee. A. The City Council shall, from time to time, by resolution, adopt or modify an appeal fee to be paid by the property owner to the City to defray the reasonable expense of costs incidental to the administration and processing of appeals filed pursuant to Section 12.05.070.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Signal Hill, California, on this 6 th day of December 2011.
LARRY FORESTER
MAYOR
ATTEST:
KATHLEEN L. PACHECO
CITY CLERK
103062.v4 Ordinance No. 2011-11-1441
December 6, 2011
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, KATHLEEN L. PACHECO, City Clerk of the City of Signal Hill, California, hereby certify that Ordinance No. 2011-11-1441 was introduced at a regular meeting of the City Council of the City of Signal Hill held on the 15th day of November 2011, and thereafter was adopted by the City Council at a regular meeting held on the 6 th day of December 2011, and that the same was adopted by the following roll call vote:
AYES: MAYOR LARRY FORESTER, VICE MAYOR TINA L.
HANSEN, COUNCIL MEMBERS MICHAEL J. NOLL, ELLEN
WARD, EDWARD H.J. WILSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
KATHLEEN L. PACHECO
CITY CLERK