HomeMy WebLinkAboutPW 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