CONTRACT 3476 Maintenance and Repair Agreement CLOSED3476
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
GREAT SCOTT TREE SERVICE, INC.
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 3rd day of
May, 2005, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and GREAT SCOTT TREE SERVICE, INC., a California Corporation
( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum
basis an amount set forth in the attached Exhibit "A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from May 3, 2005, to September 30, 2009. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
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wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state -wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
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vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to each
worker employed in connection with this Agreement. The record will be kept
open at all reasonable hours to the inspection of the body awarding the contract
and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Commercial general liability:
Business automobile liability
Workers compensation
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$3,000,000
$3,000,000
Statutory requirement.
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B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
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3476 • :711
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least ninety (90) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable attorney's
fees and penalties), injuries, or liability, arising out of this Agreement, or its
performance including, without limitation, damages or penalties arising from
CONTRACTOR's removal, remediation, response or other plan concerning any
Hazardous Waste resulting in the release of any hazardous substance into the
environment. Should CITY be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be groundless or not, arising out
of this Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify CITY
for any judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
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be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Stacia Mancini, Recreation & Parks Director
City of El Segundo City Clerk
350 Main Street, Room 5
El Segundo, CA 90245 -3813
To CONTRACTOR: Attn: Scott Griffiths
Great Scott Tree Service, Inc.
10761 Court Ave.
Stanton, CA 90680
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
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3476. ...,__,I
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if fully set fortis above. There are no ather
understandings, terms or other agreements expressed or implied, oral or written.
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476 - .
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
a general law city.
C
M tre
City Manager
ATTEST:
Cindy M tesen,
City Clerk _
APPROVED AS
MARK D. HEM
Berger,,ffXistant City Attorney
�,
President
-, � � �, ? - -,G �. //,",/
Secretary
Taxpayer ID No. 33- 0328537
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fy
Administrative Services Department
J. Richard Hogate, Risk Manager/Purchasing Agent
March 15, 2005
REQUEST FOR PROPOSALS
CITY OF EL SEGUNDO TREE MAINTENANCE SERVICES
RFp ;�nl;_M
Dear Sir / Madam:
The City of El Segundo is requesting proposals from qualified firms for tree maintenance. This
program involves on- going and regular field maintenance of all public street trees within the city
limits.
Tree Maintenance in the City of El Segundo is a critical service element for the City Council as well as
all residents. The City has a Master Tree Policy that needs to be followed and the Park Superintendent
who is a Certified Arborist will - supervise the work.
Contractors must submit an original plus, 3 copies of this proposal by:
No later than 11:00 A.M., Tuesday, April 5, 2005
=- . -. - -_ City of El Segundo - City Clerk's Office
350 Main Street, Room 5
El Segundo, CA 90245 -3813
Facsimile submissions will not be accepted.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages
are available from the State of California Department of Industrial Relations Prevailing Wage Unit.
Telephone No. (415) 703 -4774. The website for this agency is currently located at 'Arww.dir.ca.gov.
3476
City of El Segundo
Tree Maintenance Services
Request for Proposal 405 -04
1. General information
The City of El Segundo is soliciting Request for Proposals from qualified firms to provide annual
services for maintenance. removal and replacement of trees, as needed, within the City's
Community Forest. The City has approximately 4,000 street and park trees that comprise its Public
Community Forest.
The purpose of this contract is to provide the City of El Segundo with the best possible tree care to
maintain the City's Community Forest at a level expected by the City's residents, City Council,
City staff, and visitors of the community. The selected firm will work closely with the City
Arborist and other City staff to insure the most appropriate care and maintenance of the City's
Community trees with sensitivity to the City of El Segundo, its residents and visitors.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to the
selected firm. The City reserves the right to further negotiate the terms and conditions of the
contract. The City must preserve 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 project 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 Council will approve as part of the
annual budget an annual contract amount. The City does not guarantee a specific amount of work
and the quantity of work may increase or decrease depending on the annual needs of the
Community.
R SELECTION PROCESS
The process will adhere to the current City of El Segundo policies for the award of contracts. Each
RFP response will be evaluated based on firm qualifications and the required submittals. Firm
selection will be made by utilizing the criteria described in this document. Each firm will be
evaluated on their qualification submissions. All applicants will be notified as to the results of this
evaluation. The evaluation criteria used in the selection process includes, but is not limited to the
following:
A. Quality and Completeness of Proposal
1. Relevance & Conciseness of RFP Proposal and Statement of Qualifications
2. Work Statement and Quality Control Plan
B. Corporate Capability
_- 1. Qualifications and experience of staff
2. Quantity and types of equipment
3. Internal training program for employees
4. Greenwaste recycling capabilities
5. Experience in the management of electronic tree inventory databases
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C. Reference Evaluation
1. Quantity and Quality of work previously performed
2. References: Names and Numbers provided
D. Fee schedule
1. An evaluation of the firm's Fee Schedule
III. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH RFP
PROPOSAL
Award will be made to the firm who best meets the City's requirements and who offers the most
advantageous combination of low price and highest qualification for all of the criteria described in
this document. All firms submitting RFP proposals must hold a valid State of California C -27 and a
C -61/ D49 Contractor's License. Both Licenses must be in good standing for the previous 7
consecutive years without any official unresolved record of complaints registered or filed with the
Board or California Department of Consumer Affairs.
RFP proposals must include OSHA certification of all aerial equipment and the most recent
California Highway Patrol Commercial Vehicle Inspection reports for equipment to be used
throughout the term of this contract. Both of these provisions must be provided with the submission
of RFP proposals.
RFP proposals must include a list of all key persons that will be supervising, scheduling and /or
performing the work outlined in the contract. Personnel must be qualified and trained in the tree
maintenance industry. This will include the staffing of an on -site Supervisor who must be an ISA
Certified Arborist and fluent in the English language. At all times during the contracted tree
maintenance activities, the firm must have work crews on site that are represented by an English
speaking supervisor who can carry out instructions given by proper authorities.
The firm must be held liable for the faithful observance of any lawful instructions of the City, not
in conflict, with the contract, which may be delivered to said party or his representatives on the
work.
RFP proposals must include a list of at least (3) similar separate Southern California municipal
multi -year maintenance contracts which have been successfully completed in the last five (5) years.
Each project must be of comparable size and scope of this contract (descriptions of these projects
and contact persons must be provided with RFP submission).
IV. SUBMITTALS
A firm wishing to have their RFP proposals considered for this project must submit the
following, as a minimum:
A. A statement of the firm's qualifications applicable to this project, including the
following:
1. State of California Contractors License number and expiration date, for example C -27,
C61/ D49.
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2. Names and qualifications and proposed duties of staff to be assigned to this contract.
The firm must identify at least two (2) ISA Certified Arborist who will be responsible
for providing project management for the duration of the contract as well as a full -time
English speaking Site Supervisor, who is an ISA Certified Arborist, capable of
communicating with any City representative and be authorized to act on behalf of the
firm.
3. List of staff qualifications including certifications, specialists, and licenses.
4. Technical ability and experience similar in the scope of this project. References to
include contact names and telephone numbers.
5. Statement of past project disqualification(s) and litigation.
6. Letters of Reference. '
B. Completed RFP Sheet
C. A written description of the firm's plans to report greenwaste generated and the method for
its disposal.
D. A written statement describing the firm's ability to acquire and purchase trees for the City's
planting program. Also describe the facility, where the trees are to be stored.
V. PROJECT REQUIREMENTS
It must 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 all labor, tools,
equipment, materials and supplies necessary to complete all the work in a timely manner that will meet
the City's requirements. Contractor must be required to perform the following tree maintenance
activities at various sites throughout the City;
1. Tree trimming.
2. Tree removal.
3. Tree planting.
4. Clean up and disposal and/or recycling of generated greenwaste.
5. Root pruning and root barrier installation.
6. Tree inventory and management when directed.
7. Small tree care.
8. Emergency on -call services.
Written questions, if any, regarding the RFP must be sent in writing to the Mark Trujillo, Parks
Superintendent to 150 Illinois Street El Segundo, CA 90245 or via email to mtrujillo(a elseg�undo.org
so that they are received on or before March 22, 2005, at 4:00 P.M. Responses to all questions will be
returned on or before March 25, 2005. Verbal questions will not be accepted.
All submissions must be delivered to the City of El Segundo City Clerk's office located in Room 5 at
350 Main Street, El Segundo CA 90245 -3813, no later than 11.00 A.M. on Tuesday, April 5, 2005.
Each submittal must contain an original plus three (3) conies of RFP proposals in a sealed
package, addressed to the above- referenced address.
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City of El Segundo, Recreation and Parks Department
Tree Maintenance Services
RFP #05 -04
Special Provisions
March 15, 2005
Table of Contents
SECTION
NO.
PAGE
NO.
1.
Definitions ..........................
..... ...............................
2.
Term
...................................................................... ...............................
4
3.
Work and Material Requirements ...............
4.
Maintenance Schedule and Commencement of Work ........................
6
5.
Subcontracting ....................................................
...............................
8
6.
Contractor's Responsibilities
.............................. ...............................
8
7.
Authority of the Director ....................................
8
...............................
8.
Assignment of Rights ........ ............................... ....................
11
.............
9.
Prohibited Interests ................................ ...............................
11
10.
Pruning Standards & Specifications ..................................................
11
11.
Tree Removal
............................ ....... ...............................
13
12.
Tree Planting .. ...............................
.............. ...............................
14
13.
Integrated Pest Management Practices
................ ...............................
16
14.
Emergency /On Call Work
. ............................... ......................
16
15.
Clean- up ................................................................ ...............................
16
16.
Compensation .............................. .............................
17
...........................
17.
Examination of Site Work ....................................
...............................
18
18.
Disposal of Materials ......................
SECTION
NO.
19. Inspection .............................................................. ...............................
20. Notices ............................................... :................. ...............................
21. Additional Services to be performed .................... ...............................
22. Invoice .................................................................. ...............................
23. Withholding Payment ...................
....:................... ...............................
24. Minor Modification and /or Additional Work ....... ...............................
25. Clarification of Special Provisions ....................... ...............................
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NO.
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19
19
20
20
20
21
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GENERAL & SPECIAL PROVISIONS /SPECIFICATIONS
1. Definitions
1.1 General Construction
Terms defined herein, which are used in other Contract Documents, have the
meaning assigned herein, unless the context requires a different meaning.
Words used herein in the masculine gender include the feminine and neuter, and
vice versa; the singular includes the plural, and vice versa. The word "person" includes a
corporation, association or partnership.
Unless otherwise specifically defined herein, or unless the context requires a
different meaning, all words, terms and phrases having a well -known or technical meaning must
be so construed.
Where "as directed ", "as required ", "as permitted ", "approve ", "acceptance ", or
words of similar import are used, it must be understood that the direction, requirement, permission,
approval or acceptance by the City of Goleta is intended unless otherwise stated. As used herein,
"provide" must be understood tip mean "provide complete ", in total. The word "site" as used
hereinafter must be understood to mean the location receiving the service.
1.2 Terms Defined
Acceptance: The formal written acceptance by the Agency of a project which has been
completed in all respects in accordance with the specifications and any modifications thereof.
Addendum: The modification of the specifications issued to all prospective bidders during the
period when necessary to change, correct, clarify, or further define any phase of the work.
Bidder: Any individual, firm, partnership, corporation, and combination thereof, submitting a
proposal for the work contemplated, acting directly or through a duly authorized representative.
City: The City of EL Segundo, California
City Clerk: The City Clerk of City.
City Council: The City Council of City.
Contractor: The successful Bidder to whom the contract is awarded. The use of the word
"Contractor" must be held to mean the Contractor and /or any person employed by them and
working under this contract.
Days: Calendar days, unless business days or workdays are expressly specified.
Director/Engineer: The Director of Recreation and Parks or his /her authorized designees, agents,
representatives or inspectors.
n
Materials: Any material. equipment, appliance, process, item or article of any nature
whatsoever installed or incorporated into the work or provided to City under the contract.
Project: The project is the total improvement, of which the work performed under the contract
may be the whole or a part.
Special Conditions: Any provision in the Contract Documents that supplements modifies and,
when in conflict, supersedes these General Conditions /Specifications.
Subcontractor: Any Subcontractor under Contractor.
Work: That which is proposed to be maintained under the contract, in strict accordance with
the Contract Documents, including the furnishing of all necessary or convenient tools,
equipment, material, labor and transportation.
Working Days: A working day is defined as any day, except Saturdays, Sundays, legal
holidays and except days when work is suspended by the Director of Recreation and Parks, and
any other day determined to be non - working in accordance with the contract documents.
2. Term
The initial term of this Agreement must be for (5) years from the execution date
until midnight, September 30, 2009. This contract may be canceled by either party by giving
ninety (90) day advance written notice of intent to cancel
3. Work and Material Requirements
3.1 Use of Premises
(a) If a storage area is provided by the City, the Contractor must confine all tools and
equipment, the storage of materials, and the operation of workers to areas designated by the
Director.
(b) With respect to any tools or equipment used in the performance of the contract,
the Contractor must have said equipment inspected prior to use, have written acceptance that
they are in good and safe condition -and also agrees to maintain them in a safe condition for the
protection of workmen while using them during the performance of the work.
3.2 Work Ouality
(a) All tree trimming must comply with good arboricultural practice for the particular
species being trimmed and must be consistent with the Pruning Standards as adopted by the
International Society of Arboriculture, and /or "Pruning Landscape Trees" by U.C. Agricultural
Extension Service 4AXT -288. The Contractor must also meet the requirements of the American
National Standards, Z133 -1 -1972, entitled "Safety Requirements for Tree Pruning, Trimming,
Repair or Removal," published by the American National Standard Institute, Inc., 1430
Broadway, New York, New York 10018.
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3.3 VV_ gr anty
(a) The labor and materials bond must remain in effect until expiration of six months
after the job period in which verified claims may be filed as provided in section 3184 of the
California Civil Code, and the performance bond must be paid up and in effect for six- months
after the release of the job by City.
(b) Besides warranties and guaranties otherwise required by the contract documents,
Contractor warrants and guarantees all work for a period of six - months after date of release of
work by City, unless a longer period is specified.
(c) In the event Contractor fails to commence corrective maintenance work within ten
(10) days after being notified in writing to do so by the Director and prosecute the corrective
maintenance work to timely completion, City may proceed to have defects corrected and made
good at the expense of Contractor who must pay costs and charges therefor immediately on
demand.
(d) If, in the opinion of the Director, defective work creates a condition, which
requires immediate corrective work the Director must attempt to give the notice, required by this
section. If Contractor cannot be contacted or does not comply with City's request for correction
within a reasonable time as determined by the Director, City may, notwithstanding the provisions
of this Section, proceed to make such corrective work, and Contractor must be liable for costs of
such corrective work. Such action by City will not relieve Contractor of the warranties and
guaranties provided in this Section or elsewhere in the contract.
(e) This section does not in any way limit the warranty or guaranty on any material
for which a longer warranty or guaranty is specified in the Contract Documents or on any items
for which a manufacturer gives a warranty or guaranty for a longer period. Contractor must
furnish the Director with all appropriate warranty and guaranty certificates upon release of the
work.
3.4 Liens
No materials, supplies, tools or equipment for work under this contract must be
purchased subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest herein or in any_ part thereof is retained by seller or supplier. Contractor
warrants good title to all materials installed or incorporated in the work by Contractor or any
subcontractor and agrees upon completion of all work to deliver premises, together with all
improvements and appurtenances constructed or placed thereon by him or her, to City free from
any claim, liens, or charges. Contractor further agrees that neither he nor any person, firm, or
corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by
this contract must have any right to lien upon the premises or any improvement or appurtenance
thereon. Nothing contained in this article, however, must defeat or impair the rights of persons
furnishing material or labor under any bond given by Contractor for their protection or any rights
under any law permitting such persons to look to funds due Contractor in the hands of City, and
this provision must be inserted in all subcontracts and material contracts and notice of its
provisions must be given to all persons furnishing material for work when no formal contract is
entered into for such material.
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3.5 Manufacturer's Recommendations
Where the manufacturer of any material or equipment provides written
recommendations or instructions for its use or method of installation (including labels, tags,
manuals or trade literature), such recommendations or instructions must be complied with,
except where the contract documents specifically requires deviations.
3.6 Certificates of Compliance
The Director may require certificates of compliance with the specifications for
materials or manufactured items produced outside of the job site. Such certificates will not
relieve Contractor from the requirements of providing materials and manufactured items
complying with the specifications even though they have been incorporated into the job.
4. Maintenance Schedule and Commencement of Work
4.1 Proposed Maintenance Schedule
(a) After notification of award and prior to the start of any work, Contractor must
submit to the Director for approval the proposed maintenance schedule. The maintenance
schedule must be in the form of a tabulation, chart, or graph and must be in sufficient detail to
show the chronological relationship of all activities of the project, including, but not limited to,
estimated scheduling dates of various activities, procurement of materials and scheduling of
equipment. The maintenance schedule must reflect completion of all work under the contract
within the specified time and in accordance with these specifications.
(b) If Contractor desires to make a major change in its method of operation after
commencing maintenance, or if schedules fail to reflect the actual progress, it must submit to
City a revised maintenance schedule in advance of beginning revised operations.
(c) Full compensation for providing a maintenance schedule must be considered as
included in the unit prices paid for the various items of tree maintenance and no separate
payment will be made therefore.
4.2 Beginning of Work
(a) The delivery to City, for execution and approval of the contract documents
properly executed on behalf of Contractor and surety, must constitute Contractor's authority to
enter upon the site of the work and to begin operations, subject to its assumption of the risk of
the disapproval of the contract, as herein provided, and subject also to the following:
(1) Contractor must have received a receipt in writing for the properly
executed contract documents, including bonds and certificates of
insurance.
(2) City may, for any reason, order Contractor not to enter upon the site of the
work, which order must nullify the authority of Contractor to enter upon
the site prior to receipt of the Notice to Proceed.
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(3) Notice in writing of Contractor's intention to start work prior to approval,
specifying the date on which he intends to start, must be given to the
Director at least 24 hours in advance.
(4) Contractor must, on commencing operations, take all precautions required
for public safety and must observe all the provisions in these general
conditions /specifications and the special conditions.
(5) All work done according to the contract prior to its approval will, when
the contract is approved, be considered authorized work and will be paid
for as provided in the contract.
(b) Entry upon the site without authority will be treated as trespassing.
(c) Should Contractor begin work in advance of receiving notice that the contract has
been approved as provided above, any work performed by him in advance of the said date of
approval must be considered as having been done by him at his own risk and as a volunteer
unless said contract is so approved.
(d) Contractor may start work at any time after the Notice to Proceed is issued, but
work must begin within the number of days indicated on the Bid Proposal after the starting date
for the contract, or at such other times as may be indicated in the special conditions.
(e) If required by the special conditions, Contractor must start maintenance
operations on that part of the project designated by the Director.
(f) The work must be conducted in such a manner and with sufficient materials,
equipment, and labor to insure its completion in accordance with the specifications within the
time set forth in the contract.
4.3 Starting of Contract Time
As soon as practicable after the contract has been executed by both parties, a
Notice to Proceed will be issued by City stating the starting date of the contract time.
5. Subcontracting
5.1 Subcontractors Bound By Contract
Contractor agrees to bind every subcontractor by the terms of the contract as far
as such terms are applicable to subcontractor's work. If Contractor must subcontract any part of
this contract, Contractor must be as fully responsible to City for acts and omissions of every
subcontractor and of persons either directly or indirectly employed by every such subcontractor,
as he is for acts and omissions of persons directly employed by himself. Nothing contained in
the Contract Documents must create any contractual relation between any subcontractor and
City.
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5.2 Citv Consent to Subcontractors
City's consent to, or approval of, any subcontractor under the contract must not in
any way relieve Contractor of its obligations under the contract and no such subcontract or
approval thereof must be deemed to waive any provision of the contract between City and
Contractor.
6. Contractor's Responsibilities
Contractor must ascertain to its own satisfaction the scope of the project and
nature of any other contracts that have been or may be awarded by City in prosecution of project
to the end that Contractor may perform the contract in consideration of such other contracts, if
any.
Contractor must afford other contractors reasonable opportunity for introduction
and storage of their materials and execution of their work and must properly connect and
coordinate its work with theirs. Contractor must not cause any unnecessary hindrance or delay to
any other contractor working on the project.
If any part of Contractor's work depends for proper execution or results upon
work of any other contractor, Contractor must inspect and promptly report to the Director any
defects in such work that render it unsuitable for such proper execution and results. Its failure so
to do must constitute a waiver by Contractor of any claim of delay caused by events beyond
Contractor's control.
7. Authoritv of the Director
7.1 General Authority
The Director must decide any and all questions which may arise as to the quality
or acceptability of materials furnished and work performed, and as to the manner of performance
and rate of progress of the work, and must decide all questions which may arise as to the
interpretation of the drawings and specifications, and all questions as to the acceptable
fulfillment of the contract on the part of Contractor, and as to compensation. His/her decisions
must be final and it must have authority to enforce and make effective such decisions and orders.
7.2 Inspection
(a) The Director must have full access to all operations involving work under the
contract and must be provided reasonable advance notice of the time and place of operations
which he desires to observe.
(b) All work must be under observation of the Director. He /she must have free
access to any or all parts of work at any time. Contractor must furnish the Director reasonable
facilities for obtaining such information as may be necessary to keep him/her fully informed
respecting progress and manner of work and character or materials. Inspection of work must not
relieve Contractor from any obligation under the contract. The Director must have authority to
3476. ,
stop work whenever provisions of Contract Documents are not being complied with and
Contractor must instruct its employees and any subcontractors accordingly.
7.3 Disputes Pertainin to o Pavment for Work
Should any dispute arise respecting the true value of any work done. of any work
omitted, or any extra work which Contractor may be required to do, or respecting the size of any
payment to Contractor during the performance of this contract. such dispute must be decided by
the Director.
7.4 Traffic Requirements
(a) Street Closures, Detours, and Barricades
(1)
All costs involved in complying with the following requirements for street
closures, detours and barricades must be borne for by Contractor.
(2)
Contractor must submit a traffic control plan to the Public Works Director
at least five (5) working days before closing or partially closing any street.
The traffic control plan must be approved prior to setting any traffic
control or street closures or partial closures.
(3)
After approval, Contractor must notify the following agencies, at least
forty-eight (48) hours in advance of the closing, partial closing, or opening
of any street or alley:
Director of Recreation and Parks:.(310) 524 -2707
Police Department: (310) 524 -2200
Fire Department: (310) 524 -2734
(4)
Contractor must install, maintain, and remove all temporary barricades,
lights, warning signs, and other facilities necessary to control traffic as
specified in the Manual of Warning Signs, Lights & Devices for Use in
Performance of Work Upon Highways, which is compiled in accordance
with section 21400 of the California Vehicle Code. Materials for a
temporary facility may be provided from new or used materials. If used
materials are provided, they must be sound, in good condition, and
otherwise meet the requirements of new materials. (Veh. Code § 21400.)
(5)
If at any time any portion of the street is obstructed to traffic, Contractor
must post "No Parking Anytime" signs as shown on the traffic control
plan 48 hours in advance of the work with the day, date and time of work.
Signs must be approved in advance of installation by the Director.
(6)
In addition to the lane width specified in subparagraph (b) below,
Contractor must maintain a minimum clearance of three (3) feet to
excavations and a minimum of two (2) feet to curbs and other
obstructions. When traffic patterns required by the work are such that
opposing lanes of traffic must cross the existing centerline, Contractor
must separate the opposing lanes at intervals, not to exceed fifty (50) feet,
or as directed by the Community Services Director.
(b) Minimum Requirements for Maintaining Traffic Flow: Traffic in both directions
must be maintained on all side streets at all times. Minimum ten (10') foot lanes must be used.
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(c) Full compensation for providing a traffic control must be considered as included
in the unit prices paid for the various items of tree maintenance and no separate payment will be
made therefore.
7.5 Deductions for Uncorrected Work
If City deems it inexpedient to correct work not performed in accordance with the
contract, an equitable deduction from contract price must be made therefore.
7.6 Certificate as to Compliance With Certain Regulations
Contractor must file with Director, prior to the release of the work, a certificate in
form substantially as follows:
I (We) hereby certify that all work has been performed and materials supplied in
accordance with the specifications and Contract Documents for the above work and that:
(a) No less than the prevailing rates of per diem wages as ascertained by the Director
of Industrial Relations has been paid to workers employed on this work and a
copy of said rates has been posted and maintained at the work site at all times
during the course of the work;
(b) There have been no unauthorized substitutions of subcontractors; nor have any
unauthorized subcontracts been entered into;
(c) No subcontract was assigned or transferred or performed by anyone other than the
original subcontractor, except as provided in the Subletting and Subcontracting
Fair Practices Act, Public Contract Code Section 4100, et M.
(d) All claims for materials and labor and other services performed in connection
with the Contract Documents have been paid.
8. Assignment of Rights
8.1 Assignment to Citv
In entering into this maintenance contract or a subcontract to supply goods,
services, or materials, Contractor or subcontractor offers and agrees to assign to City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the maintenance contract or the subcontract. This assignment
must be made and become effective at the time City tenders final payment to Contractor, without
further acknowledgement by the parties.
8.2 Agreement to Assign
In submitting a bid to a public purchasing body, the bidder offers and agrees that
if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to
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all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under
the Cartwright Act (Chapter 2 (commending with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment must be made and
become effective at the time the purchasing body tenders final payment to the bidder. (Gov.
Code § 4552.)
9. Prohibited Interests
No official, employee, or agent of City, nor any member of his or her immediate
family, must have any direct or indirect interest in the contract.
10. Pruning Standards And Specifications
(a) All work must conform to the 1988 Pruning Standards of the Western Chapter
ISA and the American National Standards Institute A300 -1995 Standards for Tree Maintenance. .
In all cases the City's representative must have complete and sole discretion in determining
conformance and acceptability of trees trimmed by the Contractor.
(b) Contractor must comply with Standards of CAL OSHA and the American
National Standard Institute, Z133 Safety Requirements.
work. (c) Contractor must provide and post "No Parking" signs 48 hours in advance of the
(d) Contractor must endeavor to maintain good public relations at all times. The
work must be conducted in a manner which will cause the least possible interference and
annoyance to the public. Work must be performed by competent employees and supervised by
an experienced, English speaking supervisor in tree maintenance operations. The Contractor
must be responsible for advance notification to the residents at each work location of the
intended tree operations._ -The Contractor must be responsible to see that private property and
vehicles at work locations are not endangered or damaged during the course of work.
(e) Contractor must 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 must then commence in accordance with instructions
from the utility company. In the event that work causes excavation, the Contractor is responsible
for appropriate notification of Underground Service Alert (USA).
(fl No hooks, gaffs, spurs or climbers will be used by anyone employed for such
trimming. Any vine plant growing on the trees must be removed at ground level.
(g) Final pruning cuts must be made without leaving stubs. Cuts must be made in a
manner to promote fast callous growth.
(h) Unless otherwise provided, trees are to be trimmed block by block, subject to the
instructions of the Community Services Director or his authorized representative.
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(i) Contractor must maintain at least one (1) Bilingual (English & Spanish) speaking
foreman, on -site, at all times.
0) When trimming fungus, disease or fire blight infected limbs or fronds, all pruning
tools must be cleaned after each cut with alcohol or bleach.
(k) Topping of trees must not be allowed.
10.1 Annual Tree Trimming
(a) Trees must be trimmed to provide a minimum clearance of thirteen (13) feet over
the roadway and nine (9) feet over walkways. Trees must also be trimmed to remove any
obstruction around traffic control devices, traffic signs and streetlights.
(b) The specific techniques employed must be consistent with industry practice for
the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect
infested limbs must be removed at the trunk or main branch. All cuts must be made sufficiently
close, '/2 inch, to the parent stem so that healing can readily start under normal conditions. All
limbs 2" or greater must be undercut to prevent splitting. The remaining limbs and branches must
not be split or broken at the cut. All crossed or rubbing limbs must be removed unless removal
will result in large gaps in the general outline of the tree.
10.2 Full Trim Based on Service or Special Requests
(a) For tree trimming performed on a special request basis. The Contractor will be
given specific locations for trimming in writing by the Inspector prior to any work being
performed.
(b) Trees designated for trimming must be trimmed, shaped and thinned. The
trimming must provide a symmetrical shape and aesthetically pleasing appearance typical of the
species. In addition, trees must be trimmed to provide a minimum clearance of thirteen (13) feet
over the roadway and nine (9) feet over walkways. Trees may also be trimmed to remove any
obstruction around traffic control devices, traffic signs, streetlights, mailboxes and utility lines.
Additional trimming must be performed to mitigate any extreme effect of the clearance trimming
and provide an aesthetic appearance.
(c) The specific techniques employed must be consistent with industry practice for
the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect
infested limbs must be removed at the trunk or main branch. All cuts must be made sufficiently
close, '/2 inch, to the parent stem so that, healing can readily start under normal conditions. All
limbs 2" or greater must be undercut to prevent splitting. The remaining limbs and branches must
not be split or broken at the cut. All crossed or rubbing limbs must be removed unless removal
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will result in large gaps in the general outline of the tree. All trees must be thinned of smaller
limbs to distribute the foliage evenly.
10.3 Palm Tree Trimming 3476 .
Standard trim; remove all dead and live fronds so that the remaining healthy
fronds are existing at an upward 30 degree angle in relation to a horizontal plane at the head of
the palm tree.
11. Tree Removals
Tree removal is an integral part in the maintenance of the community forest.
Therefore, tree maintenance, including removal and planting, should fall under a category called
"Maintenance or Service" and not be considered a "new" construction contract. This project is
considered Landscape Maintenance.
11.1 Removal
Removal must be conducted in good workmanlike manner in accordance with the
standards of the arboricultural profession. The Contractor must be responsible for contacting
Underground Service Alert (USA) 1- 800 - 422 -4133 for the locating of underground utilities prior
to stumping operations.
11.2 Loading And Transporting Of Tree Parts
All tree parts are to be loaded into transport vehicles. The vehicles must have the
front and sides solid and the top and rear will 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 tarped and hauled to the disposal site
during the workday.
11.3 Removal Of Stumps And Surface Roots
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 must grind
the stump a minimum distance of 1 1/z feet either side of the outer circumference of the stump, or
until surface roots are no longer encountered. Stumps should be cut low enough to the ground
where routing can be done safely.
11.4 Disposal Of Tree Parts
All healthy tree wood is the property of the Contractor and must be disposed of
away from the site area (No wood must be left along public right -of -way unless permitted by the
City.)
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16 12. Tree Planting 6
12.1 Schedule of Work
The maintenance phase must begin as soon as each tree has been planted and run
for a period of 90 days from the date the tree is planted. The primary focus of the watering
schedule must be between the months of May through September of each year.
12.2 Method of Performing Work
(a) Planting pit must be dug twice the width and the same depth of the root
ball. Before placing the tree in the planting pit Contractor must 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.
(b) Protect adjacent walls, sidewalks and utilities from damage or staining by
the soil. Use 1 /z" plywood and /or plastic sheeting as directed to cover existing concrete, metal,
and masonry work and other items as directed during the progress of the work. Any damage to
the paving or architectural work caused by the Contractor must be repaired at the expense of the
Contractor.
(c) Tree must 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 must be level or slightly higher than the surrounding soil. In a concrete tree
well, the root ball must be 3 inches below the level of the finished surface of the concrete.
(d) Backfill material should be no more than 10% commercial soil
amendment mixed with the native soil. Placed fertilizer tablets in the corners of the bottom of the
hole. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put
into the hole. Soils must not be compacted by tamping it down by foot.
(e) Trees that are planted in parkways must have a 4 " -6" high water retention
basin built around the tree capable of holding at least 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 must be watered thoroughly by filling the water retention basin twice.
(f) All trees must be staked with two wooded lodge poles and two ties per
pole. Minimum size of lodge poles must be 8 -foot long, with a 1 '/z -inch diameter. Tree ties must
be placed at 1/3 and 2/3 of the trunk height. Stakes must not penetrate the root ball and must be
driven into the ground approximately 24 " -30" below grade.
(g) Arbor- Guards or an approved equal must be placed at the base of the trunk
of all new trees immediately after planting.
(h) 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
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hardscapes and creates a hazard. The barrier must be twelve inches (12 ") in depth and twelve
feet (12') in length and placed in a linear fashion surrounding the tree's root system. Root
barriers must be included in the unit price of the trees next to the sidewalk edge. The top edge of
all root barriers must be visible '/ inch above fmish soil grade.
(i) Tree spacing will be at a minimum distance of 30 feet to a maximum of 45
feet s determined by the City Arborist.
0) Plant 10 feet minimum from edge of approach.
hydrants. (k) Plant 10 feet minimum from street light standards, power lines and fire
(1) Plant 5 feet from house walks and utility meters.
(m) Center the tree between the side walk and curb.
(n) Where there is no parkway, plant tree in the center of the public right -of-
way edge areas as directed by arborist.
(o) Clean up all trash and any soil or dirt spilled on any paved surface at the
end of each working day.
12.3 Tree Planting Maintenance Program
Maintenance period must begin as soon as each individual tree has been planted.
Maintenance activities must consist of periodic watering depending on weather conditions, or the
needs of the individual tree. Maintenance of young trees during the maintenance period must
also include, but not be limited re- conditioning the water retention basin built around the tree,
staking or re- staking, adjusting tree ties and Arbor- Guards for a period of ninety (90) days.
12.4 Nursery Stock
All trees must be of good nursery stock that adheres to the American Standard for
Nursery Stock as described in the ANSI Z60.1 -1996 Standards. Trees must be free from pests,
disease and structural defects.
13. Integrated Pest Management Practices
In addition to those services the Contractor must incorporate Integrated Pest
Management Practices. With respect to the use only herbicide, pesticides and fungicides, etc.
the Contractor must:
(a) Only use the above materials as a last resource to control any form of infestation
within the scope of services in this contract.
J
(b) The contractor must request in writing the use of any and all herbicide, pesticide,
fungicides, etc. and must only proceed with the use with written authorization
from the City.
(c) The Contractor must notice adjacent properties 48 hours prior to the use of any of
the above materials using City approved forms and posting materials.
14. Emergency / On Call Work
(a) The Contractor must be required to provide emergency / on call response to
hanging limbs, wind damaged or down trees. This may be at night or during storm conditions.
The Contractor will be given specific locations and the work to be done at each location via
telephone call from a City authorized representative. The Contractor must be required to start
the work indicated within sixty (60) minutes of the initial telephone call and report back to the
City Representative upon completion of the work specified.
(b) The Contractor is required to provide a minimum of two (2) 24 -hour emergency
contact names and phone numbers prior to the commencement of work. Should the phone
numbers or contact persons change during the course of the contract those changes must be
provided to the City.
(c) The Contractor must be required to provide all traffic control required during his
emergency operations. Should the work involve any high voltage lines the Contractor must be
required to notify the responsible utility company.
(d) Work performed under the emergency provision of this contract must be paid for
on a per crew hour basis. This must include all labor, tools, equipment, disposal fees, and
materials necessary for doing the emergency work.
15. Clean U)
(a) Contractor must 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 must be completed and cleaned up and under no
circumstances must 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 yards;
however the City will not be responsible for security of Contractor's equipment.
(c) Brush and debris must be removed daily, sidewalks swept, lawns and parkways
raked out and gutters cleaned.
(d) The Director must be the sole judge as to the adequacy of the clean up.
(e) Full compensation for providing clean up must be considered as included in the
unit prices paid for the various items of tree maintenance and no separate payment will be made
therefore.
16. Compensation
16.1 Compensation for Tree Trimming
All tree trimming must include all labor, services, materials and equipment, traffic
control, clean up and disposal of green waste for the routine maintenance of any tree to be
trimmed either under the annual maintenance, special request, or palm trees in accordance with
these specifications.
Measurement and Payment for "Annual Tree Trimming" and "Full Trim Based on
Service or Special Request" must be paid by the dbh, as verified in the field, per tree.
Measurement and Payment for Pal Tree Trimming must be paid by the species per tree.
16.2 Compensation for Tree Removals
All tree and stump removals must include all labor, services, materials and
equipment, traffic control, clean up and disposal of green waste for complete removal in
accordance with these specifications.
Measurement and Payment for "Tree Removals" must be paid by the dbh inch for
trees and per diameter inch for stumps only, as verified in the field.
16.3 Compensation for Tree Planting
All tree plantings must include all labor, services, materials and equipment, traffic
control, clean up and disposal of green waste for complete and maintenance for ninety (90) days
of new trees in accordance with these specifications.
Measurement and Payment for "Tree Planting" must be paid by the size of the
tree on a per tree basis.
16.4 Compensation for Emergency /On Call
All work performed under this section must include all labor, services, materials
and equipment, traffic control, clean up and disposal of green waste for the Contractor to provide
emergency / on call response to hanging limbs, wind damaged or down trees in accordance with
these specifications.
Measurement and Payment for Emergency /On Call must be paid at the rates on
the Bid Sheet for each instance where the City requests such services.
17. Examination Of Site Work
This signed agreement will be considered prima facie evidence that the Contractor
has carefully examined the site of work, the proposal and this agreement, and is satisfied as to
the conditions to be encountered, as to the character, quality and quantities of work to be
performed and as to the requirements of this agreement.
7 !, I 6 "
18. Disposal Of Materials , "
All tree branches produced as a result of the Contractor's operations under this
contract will be reduced, reused, recycled, and/or transformed. Included in the monthly billing
for tree maintenance the City will receive a Green waste report detailing the amount of debris
recycled and the location. This report to be used for compliance with Assembly Bill 939.
Full compensation for disposal of materials must be considered as included in the
unit prices paid for the various items of tree maintenance and no separate payment will be made
therefore.
19. Inspection
The Director or his designated representative, must, at all times, have access to
the work and must be furnished with every reasonable facility for ascertaining full knowledge
respecting the progress, workmanship, and character of materials and equipment used and
employed in the daily tree maintenance operations. Each week, the Contractor must be required
to submit .a complete working schedule of all tree maintenance operations including but not
limited to trimming, planting, removals, stump grinding and watering.
The inspection of the work must not relieve the Contractor of any of his
obligation to fulfill the contract and/or complete the project described. Defective work must be
made good notwithstanding the fact that such defective work may have been previously
overlooked by the Director or his designated representative and accepted for payment.
Any work found to be unacceptable will be noted in writing. Upon receipt of
notice these deficiencies; the Contractor must make a reasonable good faith effort to correct the
deficiencies within 10 calendar days. If unacceptable conditions are not corrected within this
time period the City must have the right to deduct payment or terminate the contract.
20. Notices
Contractor must provide and distribute door -hanger style noticing one week in
advance of tree trimming activities. Said notice to be approved by the Director in advance of
distribution.
Full compensation for providing notices must be considered as included in the
unit prices paid for the various items of tree maintenance and no separate payment will be made
therefore.
21. Additional Services To Be Performed: May be added at a future date
21.1 Tree Inventory
The Contractor will collect an entire tree inventory of the City. The data will be
collected by address and include tree species, land type, diameter at breast height, crown height,
botanical and common names, and any other information as directed by the City.
(a) Tree Inventory Program
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The Contractor will provide the City with a record keeping system consisting of a
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 &
planting site location. The tree inventory software program must be a Microsoft Access database
program, which can be incorporated into the City's maintenance management tracking program.
The program must 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 tree
inventory program must allow for batch update of work histories by diskette. Each invoice must
be accompanied by a diskette containing all work history information for that billing period. The
Contractor must provide complete computer and software support to the City for the entire term
of the contract.
Provide the City with recommendations for tree species, recommended planting
locations, recommended removals. Attributes to be collected by field personnel may include
Address, Street, Number, Species, Diameter, Crown, Height, recommended maintenance,
overhead utilities and parkway size & type. Provide the City with various tree inventory reports
to accommodate the City needs. The total cost must include ownership of the software and
unlimited software and computer support while under contract for maintenance services.
(b) GPS Inventory
Provide the City with Global Positioning System (GPS) coordinates for each tree
inventoried. The address information contained in inventory can be linked directly to a
Geographical Information System (GIS) program, such as ArcView. Using a handheld computer
and a backpack GPS receiver, the inventory collector will identify the trees by their global
coordinates of longitude and latitude, within one meter. 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 on a computer diskette, which will enable you to connect the inventory to
the City's GIS program and create various frequency.
(c) Tree Master Plan
The Contractor will develop and provide a complete master plan of all trees living
with the City of Goleta. The plan will include a complete inventory of all the City's street trees,
identifying each tree by species, height, diameter, condition, location and recommended
maintenance. Included in the plan must be 8 '/2" x 1l" color photos of each tree with a brief
description of tree growth, health and maintenance characteristics. The Contractor will also assist
the City's Tree Committee during this process.
(d) Reports
The Contractor will produce, at no cost to the City, various reports concerning the
City's tree inventory, maintenance services, planting program and /or tree policies. These reports
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may be produce for the City Council and /or various Commissions. The frequency of reports may
be annually, semi - annually or quarterly.
22. Invoice
Contractor must be required to submit invoices on a monthly basis. Invoice
format must include but not be limited to a list of each street that trimming operations took place,
the address of each individual tree trimmed, the species and its current condition, height, trunk
diameter and canopy spread of each individual tree that was trimmed. Each invoice must include
an exact copy in electronic format that is compatible with the City's Tree Inventory program.
Failure to submit invoices in this format may result in non - payment until these requirements are
met.
23. Withholding Payment
The City may withhold payment to such extent as may be necessary 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)Failure of the Contractor to make proper payments to subcontractors or for materials
or labor,
(d) A reasonable doubt that the contract can be completed for the balance unpaid.
24. Minor Modifications and /or Additional Work
a. The City may modify these specifications with the joint approval of the
Contractor. All modifications must be in writing.
(b) In the event that the City of El Segundo should require additional work beyond
the requirements of these specifications, the Contractor must perform all work at a competitive
price.
(c) Additional work may be added to the contract work as the need arises. The
Contractor must 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 ninety (90) minutes of receipt of the
call.
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25. Clarification of Special Provisions
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 must at once make a written request to the Community
Services Director for corrections, clarification, or interpretation of the points in question. The
person submitting such request must be responsible for its prompt delivery.
In the event that the City of El Segundo 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.
Page 1 of 2
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Ci ty 9 of El Segundo
Recreation & Parks Department
Tree Maintenance Services
RFP #05 -04
SCHEDULE OF COMPENSATION
The Contractor understands the tree population of the City of El Segundo
and agrees to provide
- the specified services as listed in the Bid Proposal.
A. UNIT PRICE WORK UNIT
UNIT PRICE
1. FULL TRIM
A systematic tree- trimming program comprised of trees that are
to be trimmed in their
entirety on -a set schedule. All trimming is performed in accordance with the standards
established by the International Society of Arboriculture, American National Standards
Institute and the City of El Segundo.
0 " -6" dbh per tree
$ 29-00
7' -12' dbh per tree
$ 49.00
13 " -16" dbh per tree
$ 69.00
$ 149:0-
Over 16' dbh per tree
2. CLEARENCE TRIM
0' -6" dbh per tree
$ 12.5 0
7' -16" dbh per tree
$ 22.50
_ _
Over 16' dbh per tree
$_ 32.50
3. PALM TREE TRIMMING
King or Queen Palm, any size per tree
$ 20.00
Washingtonia Palm, any size per tree
$ 42.5Q
Canary Island Date Palm, any size per tree
$ 5.2.5 0
4. TREE REMOVALS
Tree and stump removal up to 36" per dbh inch
$ 1.-25;
Tree and stump removal over 36" per dbh inch
$ 16.75
Stump removal only per diameter inch
$__a. 7 5
5. TREE PLANTING
15 gallon tree with root barrier per tree
$ 13 2.5 0
15 gallon tree without root barrier per tree
$ 92.50
232.50,
24 inch box tree with root barrier per tree
24 inch box tree without root barrier per tree
$192.50
Page 1 of 2
UNIT PRICE WORK
S. EMERGENCY/ ON CALL
CREW RENTAL
Crew (3)
Overtime Crew (3)
UNIT
per crew hour
overtimes per crew hour
3475 -
UNIT PRICE
$ 133.00
$ 190.00
Standard maintenance crew of three (3) persons, one (1) chipper truck, one (1) aerial
tower truck and chipper and all necessary saws and hand tools.
SPECIALTY EQUIPMENT
Crane (1 5 ton)
95 foot aerial tower
Other.
Other.
OPTIONAL SERVICES:
7. TREE INVENTORY
Hourly $ 100.00
Hourly $ 135.,00-
per tree site $ 0
Standard (Non -GPS) Tree inventory completed as work progresses. The Foreman will
record the tree site data and submit the information for processing along with bi- weekly
billing. Within one (1) year.
B. TREE INVENTORY USING GPS per tree site $ 2.45
Tree inventory involving the collection of the tree inventory per the Special Provisions of
these Specifications using Global Positioning System (GPS) Coordinates.
Company NametGreat Scott Tree Serviognature: ,• ' aL`L _ �, 4
Prepared by: s�-ntt Cri f f i the Date. ABril 4 . 2005
Title: President
Indicate receipt of addendums:
Received by:
Date:
Addendum #1:
Addendum #2:
Addendum #3: