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HomeMy WebLinkAboutPW Vegetation Management Services (Forster & Kroeger)SERVICE LEVEL AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND FORSTER & KROEGER LANDSCAPE MAINTENANCE, INC. FOR VEGETATION MANAGEMENT SERVICES This Service Level Agreement ("Contract") is entered into by and between the City of San Rafael ("City") and Forster & Kroeger Landscape Maintenance, Inc. ("Contractor"), a California Corporation, for vegetation management services, and is effective on Feb2o,2024 ("Effective Date"). The parties agree as follows 1. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 1.1 Contract; 1.2 Addenda, if any; 1.3 Task (or Purchase) Orders; 1.4 Exhibit A — Insurance Requirements; 1.5 Exhibit B — Request for Proposals; 1.5.1 Scope of Work; 1.6 Exhibit C — Contractor's Bid Proposal; and 1.6.1 Subcontractor List. 2. Project Task (or Purchase) Orders. All work performed by Contractor pursuant to this Contract shall be authorized through a Task (or Purchase) Order issued by the City for a specific project. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the vegetation management Scope of Work ("Work"), as specified in the Request for Proposal (RFP) in Exhibit B, for the project authorized in the Task Order, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. A Task Order is effective only when signed by an authorized representative of the City. 2.1 Scope of Work and Proposal. The Work is specified in Exhibit B and Contractor's Bid Proposal is included in Exhibit C. Upon request by the City, the City may require Contractor to submit a supplemental scope of work and proposal which, upon acceptance by the City, shall be incorporated into a duly authorized Task Order. 2.2 Subcontractors. The authorized subcontractors are listed in Exhibit C. Only those subcontractors listed in Exhibit C are authorized unless otherwise agreed upon in writing by both parties. 2.3 Amendments. No amendment or modification of a Task Order will be binding unless it is in a writing duly authorized and signed by the City. 3. Task Order Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract documents, City will pay Contractor the total amount specified in a duly authorized Task Order issued under this Contract. (the "Task Order Price"), for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor's proposal set forth in the attached bid schedule and the payment provisions contained herein. 3.1 Annual Not -to -Exceed Contract Amount. The total amount of all Task Orders issued annually under this Contract, beginning on the Effective Date, shall not exceed $1,100,000 ($600,000 Category A for the Public Works Department only and $500,000 Category B for the Fire Department). City Attorney Form, Dec 2023 Page 1 Nothing in this Contract shall obligate the City to award Contractor any Work under this Contract and any Work authorized by the City under this Contract shall be dependent on appropriated funding. 3.2 Annual Rate Increases. Contractor shall not increase its rates throughout the Term of this Contract, except that Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index ("CPI") for California, All Urban Consumers, San Francisco -Oakland -San Jose areas, not to exceed five percent (5%). 3.3 Payment. Contractor must submit an invoice to the City's representative identified in paragraph 21 on the first day of each month during the Task Order Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. The invoice must include the Task (Purchase) Order number issued for that work. 4. Term. The term of this Contract shall be for one (1) year from the Effective Date. At the City's election, the Contract may be extended three times, each for a period not to exceed one (1) year. 5. Time for Completion of Work. Contractor will fully complete the Work within the timeframe set forth in each Task Order, from the date the City authorizes Contractor to proceed with the Work ("Task Order Time"). 6. Standard of Care. Contractor will complete and provide all Work in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, will obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license set forth herein, and a City business license. 7.1 Contractor's License. All Work under this Contract requires a valid California contractor's license for the following classification (s): C-27/D49. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorneys' fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. 9. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage provided in Exhibit A, Insurance Requirements, at no cost to City. 10. Labor Code Compliance. Each project Task Order issued under this Contract will constitute a project for Labor Code compliance purposes. Unless the Task Order Price is $1,000 or less, the Task Order is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. City Attorney Form, Dec 2023 Page 2 10.1 Prevailing Wages. Each worker performing Work under a Task Order that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in the Task Order or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Task Order Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Task Order Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Contract is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR. The registration requirements of Labor Code section 1725.5 do not apply if the Task Order Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract or a Task Order for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Work. If City terminates the Contract or Task Order for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract or Task Order termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract or a Task Order for cause for any material default: Contractor may be deemed in default for a material breach of or inability to perform the Contract or Task Order, including Contractor's refusal or failure to supply sufficient skilled City Attorney Form, Dec 2023 Page 3 workers, proper materials, or equipment to perform the Work within the Task Order Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Work; lack of financial capacity to complete the Work within the Task Order Time; or responsibility for any other material breach of the Contract or Task Order requirements. If City terminates the Contract or Task Order for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract or Task Order termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Work for a period of one year, beginning upon City's acceptance of the Work as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove and properly dispose of debris and waste materials from the Work site 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City. 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Work site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104 17. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 18. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. City Attorney Form, Dec 2023 Page 4 19. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 20. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree 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. section 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 Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 21. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: To CITY's Representative: To CONTRACTOR's Representative For Public Works Department: Raul Garcia City of San Rafael President Ryan Montes/ Operations and Maintenance 77 Larkspur Street Manager San Rafael, CA 94901 111 Morphew Street San Rafael, CA 94901 For Fire Department: City of San Rafael Calvin Schrader/ Vegetation Management Specialist 1375 Fifth Ave San Rafael, CA 94901 22. General Provisions. 22.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 22.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly 22.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 22.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 22.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. City Attorney Form, Dec 2023 Page 5 22.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 22.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized Task Orders, amendments, or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 22.8 Authorization. Each individual signing below warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] City Attorney Form, Dec 2023 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY OF SAN RAFAEL: CONTRACTOR: CYISf7Y18 Alllo✓ich CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk 6�enn.i N urmi Yot i'FL b) 1. 20744 57 P57 LINDSAY LARA, City Clerk Exhibit A: Insurance Requirements Exhibit B: Request for Proposals Exhibit C: Contractor's Bid Proposal Rare GWIc Garcia (Feb 6, 202415:35 PST) Forster & Kroeger Landscape Maintenance, Inc. By: Name: Raul Garcia Title: President Lt;1tdk1 sabo*1 Linda Sihhett (Feb 6, 202415:37 PST) By: Forster & Kroeger Landscape Maintenance, Inc. Name: Linda Sibbett Title: Secretary Contractor's California License Number(s) and Expiration Date(s) (required under Section 7 of the Contract): 748791 05/31/24 City Attorney Form, Dec 2023 Page 7 Exhibit A INSURANCE REQUIREMENTS Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage required in this Exhibit C to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 1. Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 2. Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 3. Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 4. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. 5. Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (a) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (b) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (c) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (d) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (e) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. City Attorney Form, Nov 2023 Exhibit A Exhibit B REQUEST FOR PROPOSALS City Attorney Form, Nov 2023 Exhibit B RAP �, y0 C'TYWITH Request for Proposals (RFP) For Routine Tree and Vegetation, Wildfire Fuel Reduction, and Emergency On -Call Tree Services Due: October 25, 2023 Introduction The City of San Rafael (City) hereby requests proposals for vegetation management services from qualified businesses that are duly registered and licensed with either a C61-D49 or C27-1349 license in the State of California. Services shall include routine tree and vegetation services, Wildfire Fuel reduction services, and Emergency on -call tree services, and/ or specialized equipment services as required by the San Rafael Fire and Public Works Departments and shall be performed on an on -call basis. Typical services include, but are not limited to, the following: 1. Tree removal 2. Branch trimming 3. Brush removal 4. Brush chipping 5. Stump grinding 6. Herbicide Application 7. Debris removal 8. Erosion Mitigation 9. Emergency on -call vegetation removal 10. Other assignments as required Each applicable department listed can choose to retain up to the four (4) lowest responsible bidders for each of categories of work listed in Attachment A (Bid Proposal). Proposals shall be submitted by businesses that have a capable and demonstrable performance in the type of work described in this Request for Proposals (RFP) document. In addition, all interested businesses shall 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 Contractor will be required to perform and complete the vegetation management services by providing all labor, tools, transportation, equipment, materials, and supplies necessary to complete all work. Work must be completed in a professional, thorough and timely manner, in accordance with local and state standards as well as the specifications as contained in this RFP. The term of the initial contract will be two years. At the City's discretion, the contract may be extended for up to two, one-year terms or terminated if the selected contractor is unable to fulfill the duties described. At the City's discretion, the not -to -exceed total amount for each selected contractor per category of work for vegetation management services for each year of service may be up to $275,000 for a combined total of $550,000 for a two-year contract. Selection and award of contract does not 2023 Vegetation Management RFP 2 guarantee utilization of services. Interested businesses are invited to submit proposals in accordance with the requirements of this RFP. The proposals shall only be submitted via Bid Express, on or before October 25, 2023, at 10:00 a.m. (PST) according to Bid Express time stamp. No other channels for bid submission shall be accepted. Timeline Publication 10/05/2023 Date recommended to express intent to participate 10/16/2023 Questions due to City no later than 10/16/2023 Response to proposer's questions due no later than 10/18/2023 Bids due no later than 10/25/2023 at 10 AM Award Recommendation to Council for Approval 11/20/2023 Contract start date (estimated) 11/1/2023 The specific requirements set forth in this Request for Proposal document shall be included in the final executed Form of Contract. Request for Proposal (RFP) Requirements: Table of Contents 1. Introduction........................................................................................................................1 2. General Requirements: ...................................................................................................... 4 a. For purposes of this RFP...............................................................................................4 b. Management Philosophy................................................................................................4 c. Public Image and Etiquette............................................................................................4 d. Geographic Location of Contractor...............................................................................4 e. Hours of Operation.........................................................................................................4 f. Repairs and Corrective Actions.....................................................................................4 g. Safety..............................................................................................................................5 h. Traffic Control.................................................................................................................5 i. Adjacent Properties........................................................................................................5 j. Differing Site Conditions................................................................................................5 k. Monthly Progress Reports.............................................................................................6 I. Payment and Inspection..................................................................................................6 M. Adjustment in Scope or Quantity of Work.................................................................6 n. Hourly Rates for Labor and Equipment.........................................................................7 3. Work Schedule....................................................................................................................7 4. Licensing and Labor..........................................................................................................7 5. Equipment..........................................................................................................................8 6. Aggregating Routine Work for Efficiency.........................................................................8 7. Tree Trimming and Pruning Standards: ............................................................................ 9 8. Types of Tree Work..........................................................................................................11 a. Pruning..........................................................................................................................11 b. Stump Grinding and Tree Removal.............................................................................12 c. Clean up and Debris Disposal......................................................................................13 9. Non -City Maintained Trees...............................................................................................13 10. Insurance Requirements..................................................................................................13 11. Proposal Requirements...................................................................................................14 2023 Vegetation Management RFP 3 12. Bid Award Process...........................................................................................................14 13. RFP Addenda....................................................................................................................15 14. Attachments.....................................................................................................................15 2. General Requirements: A. For purposes of this RFP: The "City Representative" shall refer to the City's Deputy Director of Emergency Management, or their designee. The terms "Contract" shall refer to the contract entered into between City and the selected Contractor(s). B. Management Philosophy: The Contractor shall take a proactive approach in correcting problems within the Contractors' span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City Representative for appropriate action. C. Public Image and Etiquette: Contractor's employees shall wear proper protective clothing, and their clothing shall bear their business name or be unmarked. When needed, the Contractor's staff will utilize rain gear, rain boots, safety shoes, and other high visibility and protective equipment. All contracted employees while on the site shall exhibit a professional appearance. Contractor's equipment and vehicles shall also be professional in appearance and be well maintained for safe operation. Any outdoor smoking in and around the project area is prohibited per SRMC 9.04. D. Hours of Operation: Scheduled operations for residential zones shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 6:00 .P.M. The use of power equipment or other work close to residential areas that result in noises shall not be permitted before 8:00 AM or after 5:00 PM. Work along major arterial streets may be subject to additional time restrictions. The Contractor must submit a confirmed schedule for work to the City Representative at least 2 days in advance for any work. E. Repairs and Corrective Actions: Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City Representative, and shall be rectified in an approved manner back to its condition prior to damage, at the Contractor's expense, within 72 hours. Any hazardous conditions noted, or seen, by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives at the location. Work requested by citizens or hazards reported by Contractor that require scheduling will be prioritized by the City Representative. Immediate response by Contractor may be necessary. F. Safety: Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders at all times so as to protect all person, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. 2023 Vegetation Management RFP 2 Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence. G. Traffic Control: If traffic is to be detoured over a centerline, detour plans must be submitted and approved by the City Representative prior to starting work. 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 City Representative. All traffic control shall conform to the requirements of the California Manual on Uniform Traffic Control Devices (CA MUTCD), Revision 3 for construction and maintenance work zones. Contractor at its own expense shall ensure proper signage, as approved by the City Representative, during lane closures. Traffic Control may include: lights, flares, signs, temporary railings, flag person(s), or other devices as required by the City Representative. It shall be the Contractor's responsibility to post no parking areas as required to perform work. Signs and barricades can be provided by the City, if available, for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five (5) working days in advance of the need for signs and barricades. Full compensation for conforming to the requirements of this Section including Traffic Control shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof. H. Adjacent Properties: Adjacent property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at its sole expense. Work shall be carried out in a manner to avoid all conflicts with use of and access to adjacent properties. Work will be performed in a manner to prevent erosion, where this is not possible the contractor will take appropriate erosion control measures. Work will not be conducted during hazardous soil conditions. Differing Site Conditions: During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the City Representative in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the Contract, an adjustment will be made and the Contract modified in writing accordingly. The City Representative will notify the Contractor of his determination if an adjustment of the Contract is warranted in writing. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No Contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work. Monthly Invoice Reports: Contractor shall invoice the City monthly in a form approved by the City representative. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts and total payments to date. These reports are to include the following information: 2023 Vegetation Management RFP • Date(s) of work performed • Description of work performed • Applicable hourly rates • Site location (street address and side) • Tree Species (when applicable) K. Payment and Inspection: Payment will be made for work satisfactorily completed as called for in the Contract. The City Representative shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City as requested by the City, during the life of the Contract, in order to inspect work performed. Note: Travel time may be billed separately on an hourly basis. Travel time may be billed to the nearest 0.10 hour increment. Full compensation for conforming to the work of these specifications shall be considered as included in the Contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof. The Contract hourly rates shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City. L Adjustment in Scope or Quantity of Work: If City gives reasonable notice to Contractor, City may propose in writing changes to Contractor's work within the scope of services described herein. If Contractor believes any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes. Contractor may also initiate such notification, upon identifying a condition which may change the scope of services as agreed at the time of execution of this Agreement covering such scope of services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City's sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., used to perform the work. City shall not be liable for payment of any changes in this section, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City's written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due with respect to Contractor's work pursuant to such change, unless and until City notifies Contractor to stop work on such change Any additional work requested once the not -to -exceed amounts for the term of the Contract have been reached ($225,000 for routine work) will require a formal amendment to the Contract. M Hourly Rates for Labor and Equipment: Hourly rates shall include all direct and indirect costs. For labor or equipment not listed in the Bid Proposal which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before the services are performed. N. Debris Disposal Requirements: Debris shall be disposed of in accordance with all laws and regulations. Debris shall be disposed of at an approved material waste 2023 Vegetation Management RFP 6 disposal facility. Contractor shall include copies of all applicable waste disposal receipts during invoicing for compensation. 3. Work Schedule: A. For routine work projects, work shall be scheduled with the City Representative a minimum of 2 days in advance and may not commence prior to approval. Work shall be performed within the prescribed amount of time agreed upon during the scheduling process. B. For emergency on -call work: response is typically required for damaged trees resulting from storms, however emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call 24 hours a day, seven days a week. The two-hour response time limit shall be defined as the time in which the Contractor must arrive at the job site with an appropriate work crew and suitable equipment for the performance of the emergency 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 or as deemed reasonable and agreed upon by the City. 1. Contractor shall be required to provide a twenty-four (24) hour emergency phone number upon award of contract. 2. Contractor shall be required to provide all necessary traffic control during emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of the Contract shall include all labor, tools equipment, disposal fees and necessary materials 3. Because of the two-hour response time limit, a Contractor bidding on emergency work must have a yard in the County of Marin jurisdiction. 4. 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 City Representative. Compensation for work completed on a weekend or at night will be in accordance with the State of California labor codes and based on normal working hour rates. 4. Licensing and Labor The Contractor shall have experience conducting vegetation management services with other public agencies over the past three (3) years and shall be duly registered and licensed with either a C61-D49 or C27-D49 license in the State of California. All proposing contractors must comply with the Prevailing Wage terms as outlined below. The Contractor must employ enough full-time employees involved in vegetation management operations for the Contractor. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge: • Demonstrated knowledge of vegetation management and related operations. • Current licenses for operation of equipment utilized by such employee. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations • Mechanical ability to make required operator adjustments to the equipment being used. • Knowledge of safety regulations as they relate to vegetation management and traffic control. • At all times during contracted vegetation management activities, the firm shall have work crews on site that have a foreperson who can effectively communicate with residents 2023 Vegetation Management RFP 7 and receive and complete instructions given by City staff and proper authorities. The City has the right to determine crew size for all City vegetation management assignments. Contractors shall have a minimum of a four person crew available for each category they choose to bid on. If a contractor bids on all 3 categories they shall have a minimum of 3 four person crews in their employment. Bidders are hereby 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 mechanics 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 unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project 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 (DIR). Contractors who are bidding to include pesticide application services shall maintain appropriate California Department of Pesticide Regulations (DPR) licenses and registration with the County Agricultural Commissioner. Copies of the Contractor's certified payroll shall be submitted to the City within fourteen (14) days of the work performed. Certified payroll shall also be submitted electronically to DI R in accordance with all DIR requirements. Equipment It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in these documents in a safe, efficient, aesthetically pleasing, and legal manner. The Contractor must list equipment owned and those that are available for use during the duration of the Contract in Attachment A - Bid Proposal. 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 Contractor shall have the Contractor's company name and vehicle number on it. The contractor shall maintain available and on site, at a minimum, one (1) fully operational hand operated backpack fire pump with a minimum of 4 gallons reserve water, one (1) 51b ABC extinguisher which is fully charged and has been maintained to manufacturer's specifications, and one (1) mcleod tool that is sharp and in proper working order. The Contractor shall always furnish and maintain sufficient equipment as necessary to perform the work of the Contract. Such equipment shall be subject to the inspection and approval of the City Representative. If the contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of the Contract. Portable diesel engines shall be compliant with California's Air Resource Board's (ARB) portable diesel engine Airborne Toxic Control Measure (ATCM) and registered under ARB's Statewide Portable Equipment Registration Program (PERP) https://www.arb.ca.gov/portable/portable.htm. Consistent with City of San Rafael Ordinance No. 2014, all gas -powered leaf blowers are not permitted. 2023 Vegetation Management RFP 6. Aggregating Routine Work for Efficiency For all Routine Work the Contractor shall, with City approval, aggregate or collect work that needs to be performed so that work is performed over a reasonable area on the same day (a standard work day is considered at least 6 hours of field work) to maximize efficiency. All scheduled work shall be preapproved by the City Representative (see section 3). The City intends to only schedule routine maintenance when the contractor crew can fill up a standard workday. 7. Tree Trimming and Pruning Standards: Vegetation trimming and pruning operations shall be coordinated with the City Representative and meet the most current editions of the following benchmark standards: American National Standards Institute (ANSI) A300 Pruning Standards ANSI Z133.1 Safety Standards International Society of Arboriculture (ISA) Best Management Practices: Tree Pruning To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following: - Improve structural strength and reduce failure potential - Provide clearance for pedestrians, vehicles, structures and low voltage utilities - Improve safety and security for residents and visitors - Repair structural damage from wind loading - Improve aesthetic characteristics - Reduce maintenance costs - Prevent or mitigate a pest problem The following ISA Standards shall be followed during the course of work: Standard 1: All pruning cuts shall conform to ANSI A300 standards (Part 1: Pruning). Do not make flush cuts or leave branch stubs. Cuts shall be made outside the branch collar in a manner that promotes callous growth to cover wounds. Standard 2: Not more than 25% of the crown shall be removed within an annual growing season. The percentage of foliage removed shall be adjusted according to age, health, and species considerations. Up to 30% crown removal may be accepted for Ulmus parvifolia or other special species after consultation with the City Arborist. Standard 3: Pruning equipment shall be sharp and sized appropriately for the pruning cut. Chainsaws shall not be used to remove branches 2" or less in diameter. Avoid the use of any pruning and climbing equipment that may cause damage to bark tissue. Spikes (climbing spurs) shall not be used for climbing trees unless the tree is being removed. Pruning tools shall be treated with a disinfectant (such as Lysol) when pruning trees infected with a pathogen that may be transmitted (on tools) from one tree to another of the same species, such as elms (Ulmus spp.). Disinfectants should be used before and after pruning individual trees. Standard 4: All persons engaged in tree pruning shall be familiar with each of the pruning types. Selection of the pruning type(s) shall be based on pruning objectives. Refer to publication ISA Best Management Practices Tree Pruning for descriptions of pruning types. Clearance pruning that does not comply with Standard 2 shall be conducted only under the supervision of the City Arborist. Standard 5: Heading cuts shall not be used when pruning mature trees, except in very 2023 Vegetation Management RFP 9 limited cases with approval from the City Arborist. Whenever possible, use reduction cuts to reduce height and branch removal cuts (thinning cuts) to reduce branch end weights. When reduction and branch removal cuts are not possible (such as when interior lateral branches are not present) and tree hazard potential is high, then heading cuts may be needed, but their use should be minimized. Standard 6: Clearance pruning shall be defined as to provide the following distances: • Roadway- not less than 14' from road surfaces • Sidewalk- not less than 7' from sidewalk surfaces • Building- not less than 8' from vertical building surfaces • Roofs and street lights- not less than 10' from building roof surfaces or street lamps • Utility and telecom drop lines- not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires Standard 7: Wildlife Protection: Prior to the commencement of any work near any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of the City's designated representative. At no time shall any nest or wildlife be removed from its location. If wildlife is accidentally displaced, the Contractor shall notify the City representative for assistance. Prior to beginning City tree pruning, removal and maintenance work, the Contractor shall review with the City Representative various methods, tools, and work scheduling to be used on the project(s). Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor while trimming shall be reported to the City Representative for determination of action, as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks. Limbs over one inch in diameter shall be precut to prevent splitting or ripping bark. Removal from a tree of branches three and one-half inches (3.5") or larger in diameter shall be lowered by proper ropes to the ground. Potentially damaging limbs that can damage property must be rope lowered. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor's work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with the International Society of Arboriculture Pruning Standards (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of the Contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with 2023 Vegetation Management RFP 10 this Specification. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner. Categories of Vegetation Management Work A. Routine Tree and Vegetation Services for both Public Works and Fire Departments • Tree removal • Branch trimming • Brush removal • Brush chipping • Stump grinding • Herbicide Application • Debris removal • Erosion Mitigation • Evacuation Route Clearance o Prune or remove trees over the roadway to a height of sixteen (16) feet and ten (10) feet from the edge of the traveled surface. • Removal of dead and dying trees along roadways, open space areas, and other City -owned property or easements. • Removal of invasive trees like eucalyptus and acacia with an application of herbicide to cut stumps. • Removal of trees and plants not in compliance with SRMC 4.12 on public and private property, as directed. • General vegetation management B. Wildfire Fuel Reduction for Fire Department • Removal of shrubs and pruning lower branches in open space. • Piling dead and down material for burning by other parties. • Annual grass mowing. • Hand pulling, cutting, and herbicide treatment of broom and other woody invasive plants. • Removal of fire hazardous fuels from private property C. Emergency On -Call Tree Services for Public Works Department • Respond to emergency call -outs within 2 hours. • Remove fallen trees and debris that are blocking the ROW. • Remove hanging branches posing imminent danger. • Provide traffic control while performing work. 9. Non -City Maintained Areas The Contractor shall NOT perform any work on non -City maintained trees without the direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners without approval from City Representative; all inquiries to this effect shall be forwarded to the City Representative. 10. Insurance Requirements The City requires contractors to obtain and maintain insurance throughout the contract term, as described in the attached draft Contract for Wildfire Fuel Reduction (Attachment B). The required insurance certificates must comply with all requirements described in Attachment B and 2023 Vegetation Management RFP 11 must be provided with the Contract. 11. Proposal Requirements The proposal shall be concise, well -organized, and demonstrate an understanding and ability of the proposed Requirements as outlined in this Request for Proposals document. The proposal shall consist of: • Cover letter signed by the Contractor which includes the following information: o The name, address and phone number of the Contractor's contact person for the remainder of the selection process. o Address of Contractor's maintenance/equipment staging yard(s) o Any qualifying statements or comments regarding the proposal, Contractor's approach to the work, and any the information responsive to the criteria specified in the RFP the proposed Agreement. o Summary and definitive information regarding licenses, certifications, company experience, and qualifications. o Identification of subcontractors and their responsibilities. • Attachment A — Bid Proposal o All contractors submitting a bid must fill out the corresponding table for each category they intend to bid on. For example, if you want to bid on all three categories of work, you much fill out all three tables listed in Attachment A. • List of personnel (name, position, experience at position, employer, and dates of employment) available to respond under the Contract. • List of equipment (description, quantity, make, model, year, and condition) available for use under the Contract. • List of at least three (3) references with name of company, contact name, email address, and phone number for each reference. • If any changes to the attached sample contract are requested, they must be included in the proposal. If no requested changes are included, it will be assumed the submitting vendor will accept the City's standard contract terms if awarded. Proposals shall only be submitted via Bid Express, on or before October 25, 2023, at 10:00 a.m. (PST) according to Bid Express time stamp. Proposals received after the time and date specified will not be considered responsive at the City's discretion. Failure to adhere to these specifications may be cause for rejection. Proposals submitted by any other means, including but not limited to mail or email, will not be considered. 12. Bid Award Process The City can choose to award up to four contracts for each category of work per department participating in that work category. Recommendation for award of contract to the lowest responsive and responsible bidder(s) will be made to Council, provided that the Bidder is determined to be qualified based on the requirements listed herein. Recommendation for award of contract is not a guarantee the award will be approved, or a contract will be executed. 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 contains irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of an irregularity shall in no way modify this RFP nor affect recommendation for award of contract. 2023 Vegetation Management RFP 12 13. 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 any questions submitted outside the Bid Express platform, including in person or telephone inquiries. All questions relating to the RFP shall be presented by the deadline posted in the RFP timeline, via the Bid Express Platform. 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. 14. Attachments Attachment A — Bid Proposal Attachment B — Draft Contract (Routine Work) 2023 Vegetation Management RFP Exhibit C CONTRACTOR'S BID PROPOSAL City Attorney Form, Nov 2023 Exhibit C Forster & Kroeger Landscape Maintenance, Inc. Landscape Maintenance Contractors 77 Larkspur St. San Rafael, CA 94901-4886 Phone 415-456-6684 Statement of Qualifications October 25, 2023 City of San Rafael 111 Morphew St. San Rafael, CA 94901 Subject: Routine Tree and Vegetation, Wildfire Fiel Reduction, and Emergency On -Call Tree Services To Whom It May Concern, Forster & Kroeger Landscape Maintenance, Inc. is pleased to submit this proposal for the Vegetation Management Services for the City of San Rafael and San Rafael Fire Department. As a local firm with a San Rafael office, we are highly motivated and committed to work alongside the City of San Rafael. Forster & Kroeger is a trusted leader in landscape maintenance, fire hazard mitigation and community safety throughout the North Bay. We are invested in continuing to build our relationship with the City of San Rafael and growing our relationship with the San Rafael Fire Department. Forster & Kroeger has worked hard, over the last 25 years, to gain experience in commercial landscape maintenance, specializing in fire fuel reduction and community safety. Our teams and equipment are prepared to mobilize quickly and meet the needs of the project. Forster & Kroeger has been a licensed landscape contractor since 1998. We maintain landscaped areas for many cities, towns, and counties, as well as State and Federal contracts. We have a State Contractor's License with a C-27 certification (#748791), we are certified as a Small Business with a 721029 classification by the California Department of General Services (#18296), are certified as a State Minority Business Enterprise with the California Department of Transportation (#31098) are registered with the California Department of Industrial Relations (#1000027030) and have a pest control license from the California Department of Pesticide Regulation (#30461). Our maintenance/staging yard is located at: 77 Larkspur St. San Rafael, CA 94901. Raul Garcia has been the President of Forster & Kroeger Landscape Maintenance, Inc. since 1998. He is responsible for the daily running of the company and oversees all work being performed. Raul completed a course in landscaping and irrigation at College of Marin in 1996 and qualified as a Bay -friendly Landscape Maintenance Professional in March 2016. Raul also has a Qualified Applicators license with the California Dept. of Pesticide Regulation. Raul Will be the point of contact for this project and can be reached at: 415-720-3631, raul@forster-kroeger.com We have anywhere from 50-120 employees depending on the time of year and number of contracts to be maintained. Crews are equipped with safety vests and trucks are painted with the company logo, so they are easily identifiable. All employees are trained in proper equipment usage and handling and are required to attend monthly safety tailgate meetings. Additionally, there is required annual safety training for the spray operators. All our current contracts require contractor and pest control licensing, proof of insurance, daily work reports and payroll verification. Forster & Kroeger provides both initial site clean-up and on -going landscape maintenance, irrigation maintenance and repair, herbicide/pesticide applications, flood zone control, fire hazard mitigation and neighborhood chipping programs throughout Northern California. We provide general landscape maintenance, mowing, new plant installation, irrigation repair and modification, flood and fire zone weed abatement services, invasive weed removal, tree pruning, tree removal, limbing-up of trees, fire ladder mitigation, erosion control, and chipping programs for the medians, parking lots, child care centers, creeks, residents, municipal buildings, fire departments, water departments, freeways, parks and open spaces for the City of San Rafael, Town of San Anselmo, Town of Fairfax, Town of Ross, City of Belvedere, City of Sausalito, City of Tiburon, City of Larkspur, City of Mill Valley, City of San Francisco, City of Petaluma, City of Richmond, City of San Jose, County of Marin, County of Alameda, California State Lottery, Social Security Administration, CalTrans, Santa Clara VTA, Marin Wildfire Prevention Authority, Mill Valley Fire Department, Southern Marin Fire Department, Ross Valley Fire Department, Central Marin Fire Department, Berkeley Fire Department, Novato Fire Protection Agency, San Rafael Fire Department, Petaluma Fire Protection Agency, FireSafe Marin, Homestead Valley Land Trust, and California State Parks. All our contracts require integrated pest managements programs and practices. We work closely with any environmental scientists, assigned to contracts, to ensure that serviced areas are safe for nesting birds, or endangered wildlife, and that invasive weeds are targeted while avoiding non -target plants and without compromising soil stability and sensitive habitat. Forster & Kroeger is a Bay -Friendly certified business. Fahy Tree Services, D-49, CSCL #628174, DIR #1000028749 will be our subcontractor for any off the ground tree work, tree work that requires climbing, or removal of large trees. Please see attached list of employees, equipment available for use on this project, references, and price sheet. For questions please call: Raul Garcia, President 415-720-3631 cell raul@forster-kroeger.com Sincerely, le" ga2� Raul Ga cia, President Employee List 1. Dayner Bulux, Laborer, has worked at Forster & Kroeger since 12/5/22. 2. Dilson De Rosa, Laborer, has worked at Forster & Kroeger since 1/23/23. 3. Mardokeo Flores, Laborer, has worked at Forster & Kroeger since 7/11/23. 4. Luis Flota, Laborer, has worked at Forster & Kroeger since 8/5/21. 5. Jairo Garcia, Project Manager, Driver, Equipment Operator, has worked at Forster & Kroeger since 4/2/07. 6. Alejandro Guzman, Crew Supervisor, Driver, Equipment Operator, has worked at Forster & Kroeger since 2/23/01. 7. Carlos Lopez, Laborer, has worked at Forster & Kroeger since 10/6/22. 8. Ruslan Monges, Crew Leader, Driver, Equipment Operator has worked at Forster & Kroeger since 4/9/15. 9. Antonio Porras, Laborer, has worked at Forster & Kroeger since 9/28/22. 10. Manuel Rivas, Laborer, has worked at Forster & Kroeger since 8/4/22. 11. Manuel Guerrero, Irrigation Technician, has worked at Forster & Kroeger since 5/28/13. Above are the employees currently working on our City of San Rafael and City of San Rafael Fire Department projects. There are more employees available to be utilized for City projects as needed. Equipment List 1. (1) 2020 Ford F450 pick-up truck 2. (1) 2023 Ford 650 box truck 3. (1) 2022 Ford 750 box truck 4. (3) 2022 Isuzu NRR box truck 5. (2) 2018 Ford 550 box trucks 6. (1) 2016 Morbark 20" chipper 7. (3) 2017 Morbark 12" chipper 8. (2) 2013 Vermeer 12" XL 1000 chippers 9. (1) 2019 Vermeer 12" XL 1000 chipper 10. (1) 2020 Morbark 12" chipper 11. (1) 2021 Morbark 12" chipper 12. (2) 2022 Bandit 12" chippers 13. (1) 2021 Takeuchi masticator 14. (1) 2013 Morbark 1800 top grinder 15. (1) 2013 Morbark horizontal grinder 16. (1) 2013 E50 Bobcat mini excavator 17. (1) Bobcat 650 skid steer 18. (20) Stihl air quality compliant chainsaws up to 24" 19. (10) Stihl air quality compliant blowers 20. (2) 2015 Ford F250 pick-up trucks 21. (1) 2012 Ford F250 pick-up truck 22. (1) 2017 Ford F250 pick-up truck 23. (1) 2019 Ford F250 pick-up truck 24. (1) 2018 Ford F150 pick-up truck 25. (5) 2022 Chevy 2500 pick-up trucks 26. (1) John Deere 1070 tractor w/ 4' flail mower attachment 27. (5) Trailers for transporting equipment 28. (30) Stihl 250 air quality compliant weedeaters 29. (20) Weed wrenches 30. Various hand tools, i.e., rakes, loppers etc. All equipment is in good running order. References Marin Wildfire Prevention Authority Contact: Todd Lando, Battalion Chief— 628-600-9988, tlando@marinwildfire.org Project Description: Vegetation Management Services to create a fire break to mitigate rapid wildfire spread from the City of Mill Valley to the Town of Fairfax. Removal of dead and dying trees, removal of invasive trees, herbicide application to cut stumps, pruning of tree branches, mechanical and manual removal of non-native shrubs, mechanical and manual thinning of native shrubs, pruning of lower tree branches, grass mowing and weed whipping, piling of dead and down material for burning, chipping and broadcasting onsite, hauling woody material off site for disposal, installation of erosion control measures, seeding and planting native plants. Contract Term: 2021-Present. 2. Marin Municipal Water District Contact: Loren Jenkins, Project Coordinator-415-936-9064, henkins@marinwater.or Project Description: Fuelbreak Maintenance and Invasive Plant Management Services throughout Marin County. Removal of dead and dying trees, removal of invasive trees, pruning of tree branches, mechanical and manual removal of non-native shrubs, mechanical and manual thinning of native shrubs, pruning of lower tree branches, grass mowing and weed whipping, piling of dead and down material for burning, chipping, and broadcasting onsite. Contract Term: 2012-Present. Marin County Parks & Open Space Contact: James Chayka, Superintendent — 415-601-7332, jchayka@marincounty.or� Project Description: Fire Hazard Mitigation, On -Going Landscape Maintenance for Parks, Irrigation Repair and Modification. Removal of dead and dying trees, removal of invasive trees, herbicide application, pruning of tree branches, mechanical and manual removal of non-native shrubs, mechanical and manual thinning of native shrubs, pruning of lower tree branches, grass mowing and weed whipping, piling of dead and down material for burning, chipping, and broadcasting onsite, hauling woody material off site for disposal, installation of erosion control measures, seeding and planting native plants. Parks maintenance, mowing turf, turf installation, edging, turf aeration, fertilizer application, ground cover maintenance, ground cover installation, shrub pruning, shrub installation, hardscape maintenance, irrigation maintenance, repair, and modification. Contract Term: 2003-Present. Attachment A — Bid Proposal — Routine Work Hourly Rates for Wildfire Fuel Reduction, Routine Tree Services, and Emergency On -Call Tree Services The hourly rates shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and profit, and for doing all the work involved in completing the work as specified herein, and as directed by the City. Hourly rates for labor Hourly rates shall include all direct and indirect costs. For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed. Hourly rates for labor shall not include travel time. Hourly rates for equipment Hourly rates shall include all costs necessary to provide equipment in good working order, including cost of fuel, maintenance, direct and indirect cost, but excluding operating labor costs. For equipment not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and the Contractor before such additional equipment is used. Equipment will only be paid for if specifically requested, required, and previously approved by the City. Hourly rates for equipment shall not include travel time. Travel time is acceptable to be charged separately to the City as appropriate. Category A: Routine Tree & Vegetation Services for both Public Works and Fire Departments Position/ Equipment Hourly Weighted % Rates Re ular Notes/Assumptions Supervisor/ Foreman (required forbid) $75 15 Climber/Foreman (required for bid) 125 Dump Rate per $2,000.00 load (required for bid) $65 10 Grounds Person (required for bid) $70 60 Chipper (required for bid) $40 5 Vermeer1500 dump/chip truck (required for bid) $35 5 Bucket truck (required for bid) $65 2.5 Masticator $60 Tracked chipper $60 Stump grinder $75 Vermeer SC-665 Skid steer $50 2.5 Crane $35 Terex T/780 Herbicide applicator $70 Misc. Services/Equipment Rates as needed N/A Page 1 of 2 Attachment A — Bid Proposal — Routine Work Category B: Wildfire Fuel Reduction for Fire Department Position/ Equipment Hourly Rates Regular Weighted % Notes/Assumptions Supervisor (required for bid) $75 10 Grounds Person (required for bid) $70 60 Chipper (require ford bid) $40 5 Chip Truck (required for bid) $35 5 Dump Fee Rate per $2,000.00 load (required for bid) $65 5 Herbicide Applicator (required for bid) $70 5 Skid Steer w/ Masticator (required for bid) $60 5 Excavator w/ Masticator $95 2.5 Tracked Chipper Misc. Services/Equipment Rates as needed $60 N/A 1 2.5 Category C: Emergency On -Call Tree Services for Public Works Department Position/ Equipment Hourly Rates Regular Weighted % Notes/Assumptions Supervisor/ Foreman (required for bid) $125 15 Climber/Foreman (required for bid) $180 Dump Rate per $2,000.00 load (required for bid) $65 10 Grounds Person (required for bid) $90 60 Chipper (required for bid) $45 5 Vermeer 1500 dump/chip truck (required for bid) $40 5 Bucket truck (required for bid) $70 2.5 Masticator $65 Tracked chipper $65 Stump grinder $75 Vermeer SC-665 Skid steer $60 2.5 Crane $75 Terex T/780 Herbicide applicator $75 Misc. Services/Equipment Rates as needed N/A Page 2 of 2 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: Nataly Torres (for Jonathan Schellin/Thomas Wong) Extension: 3353 Contractor Name: Forster & Kroeger Landscape Maintenance, Inc. Contractor's Contact: Raul Garcia Contact's Email: raul@forster-kroeger.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 1 City Attorney 3 1 Department Director 4 1 Project Manager 5---Fproject Manager PRINT 6 1 Project Manager 7 1 City Attorney 8 1 City Attorney 9 1 City Manager / Mayor 10 1 City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED REVIEWER DATE Check/Initial Click here to ❑ enter a date. 1/19/2024 ❑X NT 1/19/2024 1/19/2024 ❑X NT © NT 1/19/2024 ® AM 2/5/2024 ❑x ❑ N/A ❑X Or 12/18/2023 2/6/2024 1 NT SLA - Forster & Kroeger - Vegetation Management Services Final Audit Report 2024-02-06 Created: 2024-02-06 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAACLdNjR—g6ilbWeDrWrsXwPE9ht4x13rT "SLA - Forster & Kroeger - Vegetation Management Services" Hi story Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-02-06 - 0:42:24 AM GMT El* Document emailed to raul@forster-kroeger.com for signature 2024-02-06 - 0:46:23 AM GMT ,t Document shared with jonathan.schellin@cityofsanrafael.org by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-02-06 - 0:51:22 AM GMT Email viewed by raul@forster-kroeger.com 2024-02-06 - 1:37:24 AM GMT d© Signer raul@forster-kroeger.com entered name at signing as Raul Garcia 2024-02-06 - 11:35:52 PM GMT 6® Document e-signed by Raul Garcia (raul@forster-kroeger.com) Signature Date: 2024-02-06-11:35:54 PM GMT - Time Source: server �'► Document emailed to linda@forster-kroeger.com for signature 2024-02-06 - 11:35:56 PM GMT Email viewed by linda@forster-kroeger.com 2024-02-06 - 11:36:26 PM GMT 6© Signer linda@forster-kroeger.com entered name at signing as Linda Sibbett 2024-02-06 - 11:37:45 PM GMT a, SAN RAFAEL PowereAdobe °" "'"` "' `°' Acrobat Sign t'S© Document e-signed by Linda Sibbett (linda@forster-kroeger.com) Signature Date: 2024-02-06 - 11:37:47 PM GMT - Time Source: server Agreement completed. 2024-02-06 - 11:37:47 PM GMT by ( SAN RAFAEL PO1NL CIAe ` Adobe rIF' 1-V 117 AMISS i OH Acrobat Sign SLA - Forster & Kroeger - Vegetation Management Services Final Audit Report 2024-02-21 Created: 2024-02-07 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAATaXPNat4Rl3xNvojegXEfFGYWFyLoVjj "SLA - Forster & Kroeger - Vegetation Management Services" Hi story Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-02-07 - 0:23:46 AM GMT C'-► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-02-07 - 0:27:51 AM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-02-07 - 5:19:34 PM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-02-07 - 5:27:55 PM GMT - Time Source: server El' Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-02-07 - 5:27:56 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-02-16 - 7:56:59 PM GMT c'y New document URL requested by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-02-16 - 7:57:04 PM GMT 6© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-02-16 - 7:58:40 PM GMT - Time Source: server E -► Document emailed to city.clerk@cityofsanrafael.org for approval 2024-02-16 - 7:58:42 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-02-20 - 4:34:47 PM GMT P&memd by Adobe SAN RAFAEL I AAdobe "` Acrobat Sign 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-02-20 - 4:35:02 PM GMT 6© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-02-20 - 4:35:04 PM GMT - Time Source: server C-7y Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-02-20 - 4:35:06 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-02-21 - 5:08:21 AM GMT 6o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-02-21 - 5:08:37 AM GMT 6e Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-02-21 - 5:08:39 AM GMT - Time Source: server 17y Document emailed to city.clerk@cityofsanrafael.org for signature 2024-02-21 - 5:08:41 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-02-21 - 3:57:26 PM GMT d© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-02-21 - 3:57:44 PM GMT b© Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-02-21 - 3:57:46 PM GMT - Time Source: server Agreement completed. 2024-02-21 - 3:57:46 PM GMT SAN RAFAEL Pe by O1N14 Adobe 71 ` _:-, "'"" ""�°' Acrobat Sign