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PW Routine & Emergency Tree Services 2016City of San Rafael * California Form of Contract Agreement Routine and Emergency Tree Services 2016-2017 ,20 ii,/q This Agreement is made and entered into this �1ay of � 2016 by and between the City of San Rafael (hereinafter called City) and Kingsborough Atlas Tree Surgery Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary to perform the work for the project entitled "Routine and Emergency Tree Services 2016-2017," all in accordance with the scope of work outlined in the Request for Proposals dated May 12, 2016 attached hereto as Exhibit 1. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Time of Completion. (a) The work to be performed under this Contract shall be performed in compliance with the "Response to Time Requirements" specified in Exhibit 1. (b) The term of this contract shall commence on the date of this contract and shall terminate on June 30, 2017. (c) This contract can be extended twice for a period not to exceed two (2) years each time upon authorization by City Council. 4. Liquidated Damages. It is agreed that, if all the work required by the contract is not finished or completed within the time periods as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $100 per hour for every one hour interval and $500 for a non- response; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 5. The Contract Sum. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. BID ITEMS Emergency Call Out Work Supervisor 20 (a? $85.00 = $425.00 Agreement • 1 Anticipated Rate Item Description Hours (Man -Hour) Subtotal Routine Work 1. Supervisor 20 n $85.00 = $1,700.00 2. Climber/Foreman 450 a $85.00 = $38,250.00 3. Trimmer 450 a $78.00 = $35,100.00 4. Groundsperson 450 a $75.00 = $33,750.00 5. 14 -Ton Crane 10 n $65.00 = $650.00 Emergency Call Out Work Supervisor 20 (a? $85.00 = $425.00 Agreement • 1 Estimate Bid Price: $134,945.00 It is expressly understood that the Estimate Bid Price stated above is the Contractor's bid and was utilized as a basis of contractor selection. The total amount paid for the Contractor per fiscal year shall not exceed $150,000 based upon the amount of time expended for work at the Rate (Man -Hour) specified in the above bid table. The Rate (Man -Hour) stated in the above bid table shall not change for the work performed, except as adjusted by CPI changes in subsequent fiscal years if this contract is extended as provided in Section 3. Only the Anticipated Hours of work performed will be modified such that the total budget of $150,000 shall not be exceeded, except as agreed upon by the parties in subsequent fiscal years if this contract is extended as provided in Section 3. 6. Payments. (a) For the full performance of the services described herein by the Contractor, the City shall pay the Contractor on a time and materials basis for services rendered in accordance with the rates specified in the above bid table. (b) Payment will be made monthly upon receipt by the Project Manager of itemized invoices submitted by the Contractor. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Contractor and City against all liability for injuries to Contractor's officers and employees. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. Agreement • 2 Anticipated Rate Item Description Hours (Man -Hour) Subtotal 2. Climber Foreman 450 a $105.00 $8,400.00 3. Trimmer 450 a $98.00 — $7,840.00 4. Groundsperson 450 cr $95.00 = $9,500.00 5. 14 -Ton Crane 10 u, $65.00 $130.00 Estimate Bid Price: $134,945.00 It is expressly understood that the Estimate Bid Price stated above is the Contractor's bid and was utilized as a basis of contractor selection. The total amount paid for the Contractor per fiscal year shall not exceed $150,000 based upon the amount of time expended for work at the Rate (Man -Hour) specified in the above bid table. The Rate (Man -Hour) stated in the above bid table shall not change for the work performed, except as adjusted by CPI changes in subsequent fiscal years if this contract is extended as provided in Section 3. Only the Anticipated Hours of work performed will be modified such that the total budget of $150,000 shall not be exceeded, except as agreed upon by the parties in subsequent fiscal years if this contract is extended as provided in Section 3. 6. Payments. (a) For the full performance of the services described herein by the Contractor, the City shall pay the Contractor on a time and materials basis for services rendered in accordance with the rates specified in the above bid table. (b) Payment will be made monthly upon receipt by the Project Manager of itemized invoices submitted by the Contractor. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Contractor and City against all liability for injuries to Contractor's officers and employees. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. Agreement • 2 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and. or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and. or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 8. Indemnification (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. Agreement • 3 (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9. Nondiscrimination Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 10. Compliance with All Laws Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 11. No Third Party Beneficiaries City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 12. Notices All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Richard Kingsborough Kingsborough Atlas Tree Surgery, Inc. 1544 Ludwig Avenue Santa Rosa, CA 95407 13. Independent Contractor For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 14. Entire Agreement; Amendments (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. Agreement • 4 (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 15. Waivers The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 16. City Business License; Other Taxes Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 17. Warranty: (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. Agreement • 5 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim Schutz City Manage ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: I � r Robert F. Epstein City Attorney File No.: 01.01.02.01 , Inc. Printed Name:�`ICr Title: OwC���� Agreement • 6 Exhibit 1 CITY UI' MAYOR GARY 0. PHILLIPS s VICE MAYOR KATE COLIN COUNCILMEM13ER MARIBETH BUSHEY --:5 COUNCILMEMBER JOHN GAMBLIN �li� 141 ly WCOUNCILMEMBER ANDREW CUYUGAN MCCULLOUGH of \talo S PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Kevin XkGowan, Inlerim Director oJ'Peblic !Narks REQUEST FOR PROPOSALS (RFP) FOR ROUTINE AND EMERGENCY TREE SERVICES Maj, 12, 2016 The City of San Rafael (City) hereby requests proposals for tree services. It is the intent of the City to hire a qualified tree maintenance business that is duly registered and licensed With either a C6I-D49 or C27 -D49 license in the State of California. Services shall include routine tree maintenance and emergency tree services as required by the Parks Superintendent at various City locations. Work will included: pruning, removal of both small and large trees, grinding stumps, chipping branches, hauling off debris, and other assignments as required. Proposals shall be submitted by businesses that have a capable and demonstrable performance in the type of work described in the section entitled "Scope of Work" of this notice. In addition, all interested businesses sliall have sufficient, readily available resources, in the form of trained personnel, support services and financial resources to carry out the work without delay or shortcomings. The term of the contract Will be one year. At the City's discretion, the contract may be extended for up to two, two-year terms. Interested businesses are invited to submit proposals in accordance with the requirements of this Request for Proposals (RFP). The proposals shall be sealed and filed With said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before Friday, May 27, 2016 at 10:00 a.m.. Scone of Work: The City is seeking services to perform as -needed Rafael including, but not limited to, the following: I . Remove small/large trees 2. Trim branches 3. Pruning 4. Trim or remove diseased trees 5. Grind stumps 6. Chip branches 7. Haul off debris 8. Other assignments as required tree trimming and removal services within the City of San The Contractor will be required to perform and complete the tree trimming and removal services by providing all labor, tools, transportation, equipment, materials, and supplies necessary to complete all work in a professional, thorough and timely manner, in accordance with the standards and specifications as contained in this RFP. 1 of 6 Ernerience and Requirements: The Contractor shall have experience conducting routine and emergency tree services with other public agencies over the past five (5) years and shall be duly registered and licensed with either a C6I-D49 or C27 -D49 license in the State of California. The Contractor must employ the equivalent of ten (10) full-time employees involved in tree pruning and other tree care operations for the Contractor. All Contractor employees, while working on a City service call, shall wear the Contractor's uniform and identification. The Contractor shall have the following personal on staff: Supervisor — Shall have minimum of ten (10) continuous years as supervisor of complete tree maintenance service, five (5) years performing duties of a foreman, and three (3) years performing the duties of a tree trimmer. Climbei/Foremcm — Shall have six (6) continuous years of on-the-job experience performing removal, topping, pruning, thinning, elevating, and cabling of trees. The minimum wage rate for this classification shall be Laborer Area I, Group 1, Tree Climber. Tree Trimmer — Shall have a minimum one and half (1.5) years of continuous on-the-job experience performing pruning and removing trees. The tree trimmer shall also have a minimum of one (1) year of experience climbing or operating an nerial lift. The minimum wage rate for this classification shall be Laborer Area 1, Group 1, Tree Climber. Groinu/sperson - Shall have a minimum of one (1) year chipping, stump grinding, and cleanup duties. The minimum wage rate for this classification shall be Laborer Area 1, Group 3, Lim ber/Brushloader/Piler. The Contractor Hurst list equipment owned and those that are available for use during the duration of the contract. All equipment, vehicles, and tools must be kept in a clean and safe condition as directed by OSHA at all times during the contract. All vehicles that are used by the Contactor shall have the Contractor's company name, logo, and vehicle number on it. Minimum requirements are ownership or, the ability to respond with, the following equipment: Equipment Quantity Pick -Up Truck I Chipper 12 -Yard Dump Truck 5 -Yard Dump Truck Stump Grinder Aerial Lift 14 -Ton Crane (Rental Acceptable) Resnonse Time Requirements, Geogranhical Limit. and Linuidated Damnees: There are two categories of work under this contract: Emergency On-Ccill — Mandatory two-liour response time limit for all emergency call outs, 24 hours a day, seven clays a week. The two-hour response time limit shall be defined as the time in which the Contractor must arrive at the iob site with an appropriate work crew and suitable enuipment for the performance of the emereencv work. If a crane rental is necessary, then the Contractor must secure the emergency condition within two hours and then be able to provide the crane service within four hours. 2 of 6 Routine TVork — Work sliall be scheduled with the Parks Superintendent and must be performed within the prescribed amount of time. For all calls, the Contractor shall furnish the mobile number of the supervising tree trimmer or equivalent to allow for immediate contact. It will be necessary to perform some of the assignments on weekends (Saturdays and Sundays) or during nighttime hours due to the location of the work to be performed. The necessity of this will be determined by the Parks Superintendent. Compensation for work completed on a weekend or at night will be in accordance with the State of California lnbor codes and based on normal working hour rates. Because of the two-hour response time limit, the Contractor's business address or yard shall be within thirty (30) miles from San Rafael City Hall (1400 Fifth Avenue). PO bones will not be allowed for the purpose of determining geographical limit. Travel time shall be included in the unit hourly wine. The City will NOT uav the Contractor for commute/travel time. Liquidated damages will be assessed at a rate of $100/hour for every one-hour interval. In the event of a non- response to a call -out, the Contractor shall be assessed liquated damages in the amount of $500. Failure to resuond as required for a total of three (3) times shall result in termination of the contract. Tree Maintenance Standards: Trimming and Panning Trimming and pruning operations shall be coordinated with the Parks Superintendent and meet the practices of ANSI A300 (Part 1) — 2008 Pruning Standards. In general, the Contractor sliall safety prune dead, diseased, or weak branches and prune to get an end result of a well-balanced tree with natural farm. Limbs over one inch in diameter shall be precut to prevent splitting or ripping bark. Lower limbs that cannot safely be dropped and controlled shall be roped. Potentially damaging limbs that can damage property must be rope lowered. Pruning cuts shall be made sufficiently close to the trunk or parent limb without cutting into the branch collar or leaving a protruding stub. On tree known to be diseased, tools are to be disinfected with methyl alcohol at 70% or Clorox solution after each cut and between trees where there is known to be a danger of transmitting the disease oil tools. Stimtp Grinding Stumps shall be grinded to an elevation of 12" lower than adjacent ground level. The Contractor is responsible for contacting USA North at 1-800-227-2600 prior to grinding stumps. Tree Removal The Contractor shall examine the shape, lean, and weal spots of the tree before felling. The Contractor shall also observe surrounding conditions, wind, and other people/objects. If there is a potential danger to property, the Contractor must use a crane, wedges, block and tackle, rope, or cables to lower the tree. All limbs must be removed free trees to a height and width sufficient to allow the tree to fall safely. Debris Ilam/ Off No cut branches shall be left in a tree at the end of the work period. Clean up shall be to a condition at least equal to that which existed prior to the work. All wood trimming and chips from diseased trees shall be properly 3 of 6 disposed of at a refuse disposal site. All other debris and trimming resulting from contract work shall be removed off-site. All disposal fees shall be reimbursed by the City. Special Conditions: Certif►ed Payroll Copies of the Contractor's certified payroll shall be submitted to the City within fourteen (14) days of tite work performed. Crew Size The City has the right to determine crew size for any and all work assignments. TRnffic Ca►►n•ol Traffic control shall be included in the hourly rates. All traffic control shall conform to the requirements of the State of California "Manual of Uniform Traffic Control Devices" for construction and maintenance work zones. The Contractor will be permitted to reduce traffic to one through lane except on arterial or collector streets. On arterial or collector streets, the Contractor shall maintain traffic as directed by the Parks Superintendent. Traffic Control may include lights, flares, signs, temporary railings, flag person(s), or other devices as required by the Parks Superintendent. No additional compensation will be allowed therefore. Preservation of Property The Contractor sliall exercise extreme care to avoid damage to existing street pavement areas, curb, gutter, sidewalk, trees, shrubbery, plants, pole lines, fences, markers, buildings, signs, structures, conduit pipe lines under or above ground, and any and all public or private improvements or facilities in or around the areas used by the Contractor in the execution of work. If directed by the Parks Superintendent, the Contractor shall install suitable safeguards to protect such objects from injury or damage. I f such objects are injured or damaged by reason of the Contractor's operations, or otherwise moved or disturbed during the work, the objects shall be replaced or restored at the Contractor's expense. Replacement or restoration shall be to a condition as good as when the Contractor entered upon the work. Full compensation for conforming to the requirements of the section shall be considered to be included in the prices paid for the various items of work and no additional compensation will be allowed therefore. 'free Worker Safely Attention is directed to ANSI Z133.1-2000 American National Standard for tree care operations (pruning, trimming, repairing, maintaining, removing trees, and cutting brush) safety requirements. All operations of work during under this contract shall be done in accordance with standards set forth in ANSI Z133.1-2000. Adherence to these specifications will be inspected by the Parks Superintendent or his representative. Non -City jtllaintained 'frees The Contractor shall NOT perform any work on non -City maintained trees without the direction from the Parks Superintendent. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the Parks Superintendent. 4of6 Insun-ance Requirements The City requires Contractors obtain insurance, as described in the attached draft Contract Agreement for Routine and Emergency Tree Services (Attachment B). The required insurance certificates must comply with all requirements described in Attachment B and must be provided with the Contract Agreement. Prevailing Wage and Regiso-ation with DIR Bidders are liereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or ►nechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. No contractor or subcontractor shall be qualified to bid on, or be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions fi•om this requirement for bid purposes only under Labor Code section 1771. I(a)]. No contactor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015), and no contractor or subcontractor may engage in the performance of a public works contract, unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pronosal Reauirements: 'rhe proposal shall consist of two (2) hard copies containing 8'/z" x 11" sheet sizes and be 30 pages maximum. Proposals submitted by facsimile or email are not acceptable and will not be considered. At a minimum, the proposal shall include: • Cover letter signed by an individual or individuals authorized to execute legal documents on belialf of the Contractor. • Bid Proposal Prices of Items, Attachment A. ■ Bidder's bond, cash, or certified clieck for ten percent (10%) of the amount of bid. • Summary and definitive information regarding licenses, certifications, company experience, and qualifications. • List of personnel (name, position, experience at position, employer, and dates of employment) available to respond under this contract. • List of equipment (description, quantity, make, model, year, and condition) available for use under this contract. Proposals are to be submitted in sealed packages and clearly narked with the name of the Contractor, the Contractors address and "City of San Rafael Routine and Emergency Tree Services". Proposals received after the time and date specified will be rejected and returned unopened to the proposer. Failure to adliere to these specifications may be cause for rejection. 5 of 6 Prouosal Submittal: Proposals shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before 10:00 a.m., local time, on May 27, 2016. Bid Award Process: The City will award a contract to the lowest responsive and responsible bidder, provided that the Bidder is determined to be qualified based on the requirements listed herein. To determine the lowest bid, the City will review the Grand Total for each Bidder as indicated on the Bidder's Bid Proposal (Attachment A). In order to be determined responsive, a Bidder must respond to all requested information and supply all required information in this RFP. Any bid may be rejected if it is conditional, incomplete, or contain irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of ail irregularity shall in no way modify this RFP nor affect recommendation for award of contract. RFP Addenda: All requests for clarification for this RFP must be made in writing. The City will only respond to written questions from Contractors. The City will not respond to verbal questions submitted by telephone or in person. All questions relating to the RFP shall be presented at least 96 hours prior to the due date to the following address: City of San Rafael Department of Public Works Attu: Dave Davenport 111 Morphew Street San Rafael, CA 94901 or E-mail address: Ditve.Diveiii)oi-t@cityofsaiii-afacl.org cityofsanrafael.org All addenda will be posted to the City's website and emailed to known RFP holders. By submitting a proposal, the proposer affirms that they are aware of any addenda and have prepared their proposal accordingly. No allowances will be made for a proposer's failure to inform themselves of addenda content. Attachments: Attachment A — Bid Proposal — Prices of Items Attachment B — Draft Contractor Agreement 6of6 Attachment A Bid Proposal — Prices of Items This Bid Proposal shall be by hourly rate for routine and emergency tree services. Unless otherwise specifically noted in the bid list below, costs for all equipment, tools, vehicles, materials, maintenance, labor and appurtenances shall be included in the unit cost per Bid item and no additional compensation will be allowed. It is understood that travel time to and from the job site is included in the man-hour rate and only actual hours at the job site will be credited towards actual payment. The Bid is broken into man-hour rates for routine work and emergency call out work. It is anticipated and expected that the work performed during "emergency call out" working hours is approximately 10% of the total hours. I lowever, for work performed on an on-call basis, this figure can change dramatically. The Bid is based on anticipated hours, which reflects the average number of hours previous contractors have responded to, for both routine and emergency work. The anticipated hours shown are for bidding purposes only. Actual hours will vary and be on an as -needed basis. NO guarantee can be given for the amount of contract hours. The contract will be awarded to the lowest responsible and responsive Bidder based upon the Grand Total Bid, and meeting the minimum qualifications as specified in the provisions of the RFP. Routine Woflc Routinc Wor ]( Subtotal $ Subtotal Anticipated Rate Item Description Hours (Man -Flour) I. Supervisor 20 C — 2. Climber/Foreman 450 @ _ 3. Trimmer 450 a = 4. G•oundsperson 450 ct — 5. 14 -Ton Crane 10 a Routinc Wor ]( Subtotal $ Subtotal Item Description I. Supervisor 2. CIimber/Foreman 3. Trimmer 4. Groundsperson 5. 14 -Ton Crane Emereenev Call Out Work Anticipated Rate Hours (Man -Hour) 5 a _ 80 C 80 Q = loo 2 @ Emergency Call Out Work Subtotal $ Grand Total Bid (Routine + Emergency Work) $ (Grand Total Written in Words) Location of Shop, Street Address, City, Zip Code: Subtotal CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Stephanie Gindlesperger Extension: 3454 Contractor Name: Kingsborough Atlas Tree Surgery Inc. Contractor's Contact: Jamie Contact's Email: Jamie@atlas-tree.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 6/21/2016 ® SG 6/21/2016 b. Email contract (in Word) & attachments to City ® SG Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 6/29/2016 and return to Project Manager 6/21/2016 ® LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® LG 3 Project Manager Forward three (3) originals of final agreement to 6/29/2016 ® SG contractor for their signature 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ® SG Public Works Contract > $125,000 Date of Council approval C6/20/201=6) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City / Ig A LD G �7 �^ Attorney with printed copy of this routing form V 6 City Attorney Review and approve hard copy of signed J agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) �� l 8 City Manager/ Mayor Agreement executed by Council authorized official 11 ZZ11 IG 9 City Clerk Attest signatures, retains original agreement and , I` 9 I forwards copies to Project Manager gra ///� -,—s- Z