HomeMy WebLinkAboutPW Routine Tree Services 2018-19City of San Rafael California
Form of Contract
Routine Tree Services 2018-19
9 0
This Agreement is made and entered into this day of A9..Y ;A.. 2019 by and
between the City of San Rafael (hereinafter called City) and Jorge Calderon, DBA Jorge's Tree
Service (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 the materials and all the equipment and labor
necessary to perform the work as the Primary Contractor for the project entitled "Routine
Tree Services FY 2018-19," all in accordance with the scope of work outlined in the Request
for Proposals dated July 26, 2018 attached hereto as Exhibit I.
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. Bond
The Contractor shall provide and maintain during the course of the project, a Payment Bond issued by a surety
admitted in California, to cover the work under this Agreement, in the amount of $175,000.00. The bond shall
comply with the requirements of California Civil Code section 9554 and shall contain a waiver by the surety
of any right to notice of changes or modifications to the Contract or of any other act or acts by the City or its
authorized agents, under the terms of the Contract.
4. Time of Completion.
(a) The work to be performed under this Contract shall be performed in compliance with
the Request for Proposals for "Routine Tree Services" dated July 26, 2018 on file in the
City's Department of Public Works, 111 Morphew Street, San Rafael, CA 94901, and
incorporated herein by reference.
(b) The term of this contract shall commence on the date of this contract and shall terminate exactly
one year later.
(c) This contract can be extended twice for a period not to exceed two (2) years each time
upon proper authorization by the Parties.
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 in Attachment A to Exhibit I "Bid Proposal". 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.
Agreement • 1 ORIGINAL
�_3- $titi
BID ITEMS
(Table A.1 in Attachment A to Exhibit 1 "Bid Proposal")
ITEM
DESCRIPTION
HOURLY
RATE
REGULAR
HOURLY
RATE
OVERTIME
1.
Supervisor
a
$219.00
$328.50
2.
Climber Foreman
a
$96.00
$144.00
3.
Trimmer
n
$96.00
$144.00
4.
Grounds Person
a
$60.00
$90.00
5.
14 -Ton Crane
a
$225.00
$337.50
6.
Dump Truck
a
$50.00
$50.00
7.
Stump Grinder
a
$50.00
$50.00
8.
Wood Chipper
a
$50.00
$50.00
9.
Bucket Truck
a
$50.00
$50.00
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 during the term of
this Contract shall not exceed $175.000 based upon the amount of time expended for work at the
Hourly Rates specified in the above bid table. The Hourly Rates 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 4. Only the anticipated hours of work performed will be
modified such that the total budget of $175,000 shall not be exceeded, except as agreed upon by the
parties in subsequent fiscal years if this contract is extended as provided in Section 4.
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:
I 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.
Agreement • 2
3. If it employs any person, Contractor shall maintain worker's compensation insurance,
as required by the State of California, with statutory limits, and employer's liability
insurance with limits of no less than one million dollars ($1,000,000) per accident
for bodily injury or disease. 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:
I. 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 OJ 04 13.
3. The insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of Contractor may acquire against City by
virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not City has received a waiver of
subrogation endorsement from the insurer.
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 byacombination
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 more than 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: (I) 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
Agreement • 3
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:(]) 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 ofthe 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.
(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 allowed by law.
9. Nondiscrimination
Contractor shall not discriminate, in any way, against any person based on 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 all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes orregulations.
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.
Agreement • 4
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
P.O. Box 151560
San Rafael, CA 94915
To Contractor: Jorge Calderon, DBA Jorge's Tree Service
550 Canal Street, #5
San Rafael, CA 94901
13. Independent Contractor
For the purposes, and for the duration, ofthis Agreement, Contractor, its officers, agents and employees
shall act in the capacity of an Independent Contractor, and not as employees ofthe 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 ofthis
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. Ifany 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 ofthis 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 ofthis 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 • 5
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) If 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, if 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 • 6
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 HU Z, City Manage
ATTEST:
V—WW
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City ttorney
JORGE CALDERON, DBA Jorge's Tree Service:
Name:
Title:
1-1`111- Cd-tdlldn b c-)nW
Name:
Title:
Request for Proposals (RFP)
For
Routine Tree Services
July 26, 2018
Introduction
The City of San Rafael (City) hereby requests proposals for on-call tree services from a qualified
tree maintenance business that is duly registered and licensed with either a C61 -D49 or C27 -D49
license in the State of California. Services shall include routine tree services ("Routine Work")
as required by the Public Works Operations and Maintenance Manager at various City locations,
and shall be performed on an on-call basis. Typical services include, but are not limited to, the
following:
1. 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
The City shall retain the lowest bidder for Routine Work (See Attachment A - Bid Proposal). The
City shall retain only one tree contractor for Routine Work.
Proposals shall be submitted by businesses that have a capable and demonstrable performance
in the type of work described in this Request for Proposals 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 tree trimming and removal 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 the standards and specifications as contained in this RFP.
The term of the initial contract will be one year. At the City's discretion, the contract may be
extended for up to two, two-year terms or terminated if the selected contractor is unable to fulfill
the duties described.
CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 .•
Gary O Phillips Mayor • John Gamblin Vice Mayor • Maribeth Bushey • Councilmember Kate Colin. Councilmember • Andrew Cuyugan McCullough, Councilmember
Exhibit 1
4
The not -to -exceed, aggregate total amount for all routine tree services for the one-year term is
$175,000. The $175,000 includes approximately $75,000 in routine tree work as it relates to the
City's new Sidewalk Repair Program.
In order to submit a bid for Routine Work, the contractor must have a maintenance yard within
twenty-five (25) miles from San Rafael City Hall (1400 Fifth Avenue, San Rafael).
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 August 16t'', 2018
at 10:00 a.m.
Routine Tree Services RFP
3
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............................................................... 7
n.
Hourly Rates for Labor and Equipment.......................................................................
7
3.
Categories of Work...........................................................................................................
7
4.
Licensing and Labor.........................................................................................................
7
5.
Equipment.........................................................................................................................
8
6.
Aggregating Routine Work for Efficiency....................................................................... 9
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.................................................................................................14
11.
Proposal Requirements...................................................................................................14
12.
Bid Award Process..........................................................................................................14
13.
RFP Addenda...................................................................................................................15
14.
Attachments.....................................................................................................................15
Routine Tree Services RFP
4
2. General Requirements:
a. For purposes of this RFP:
The "City Representative" shall refer to the City's Operations and Maintenance
Supervisor, or his or her designee. The terms "Contract" shall refer to the
contract entered into between City and the selected Contractor.
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 the downtown area is prohibited per City ordinance.
d. Geographic Location of Contractor
In order to submit a bid for Routine Work, the Contractor must have a
maintenance yard within twenty-five (25) miles from San Rafael City Hall (1400
Fifth Avenue, San Rafael).
e. 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 results 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 tree work to the Operations and Maintenance Manager at
least 7 days in advance for any routine tree work.
f. 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 to the location.
Work requested by citizens or hazards reported by Contractor that require
scheduling will be prioritized by the City Representative. Immediate response by
Routine Tree Services RFP
6
Contractor may be necessary.
g. 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.
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.
h. 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. 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 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.
i. 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.
j. 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
Routine Tree Services RFP
D
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.
k. Monthly Progress 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, previous payments,
and total payments to date. The Contractor shall provide monthly progress
reports with the monthly invoices. These reports are to include the following
information:
- Date of work performed
- Description of work performed (including whether it was performed for the
Sidewalk Repair Program)
- Applicable hourly rates
- Tree location (street address and side)
- Tree species
- Tree DBH (diameter measured at 4.5 feet above the ground)
- Tree condition
I. 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.
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. Note: Travel
time may be billed separately on an hourly basis. Travel time may be billed to the
nearest 0.10 hour increment.
Routine Tree Services RFP
7
m. 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. 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 ($175,000 for routine work) will require a formal
amendment to the Contract.
n. Hourly Rates for Labor and Equipment
Hourly rates shall include all direct and indirect costs, except travel time is
eligible to be billed separately as an hourly rate. 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.
3. Categories of Work
Routine work shall be scheduled with the City Representative and must be performed within
the prescribed amount of time.
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 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 C61 -D49 or C27 -D49 license in the State of California. All proposing contractors must
comply with the Prevailing Wage terms as outlined below.
Routine Tree Services RFP
D.
The Contractor must employ the equivalent of ten (10) full-time employees involved in tree
pruning and other tree care operations for the Contractor. The Contractor's employees shall be
subject to the following minimum requirements, skills, abilities and knowledge:
• Demonstrated knowledge of tree care 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 tree care and traffic control.
• At all times during contracted tree maintenance activities, the firm shall have work crews
on site that have a foreperson who can effectively communicate with residents and
receive and complete instructions given by City staff and proper authorities.
The City has the right to determine crew size for all City tree work assignments.
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).
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 DIR in accordance
with all DIR requirements.
5. 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, logo, and vehicle number on it.
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.
Routine Tree Services RFP
4
6. Aggregating Routine Work for Efficiency
For all Routine Work the Contractor shall, with City approval, aggregate or collect tree work that
needs to be performed so that work is performed on a reasonable number of trees 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 2.c.). The City
intends to only schedule routine maintenance when the tree contractor crew can fill up a standard
work day.
7. Tree Trimming and Pruning Standards:
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
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
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
Routine Tree Services RFP
10
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 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.
Routine Tree Services RFP
11
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 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.
8. Types of Tree Work
a. Pruning
Pruning for Structure:
Structural pruning is the removal of live branches and stems to influence
the orientation, spacing, growth rate, strength of attachment and ultimate
size of branches and stems. It is used on young and medium aged trees to
help engineer a sustainable trunk and branch arrangement. It is used on
large maturing trees to reduce certain defects and space main branches
along one dominant trunk. This pruning type can be summed —up in the
phrase: subordinate or remove codominant stems. This practice can limit
the failure potential of included branch attachments. The maximum
diameter of reduction cuts will be specified. Structural pruning is also the
foundation for the following pruning types.
Pruning to Raise:
Raising is the selective removal of branches to provide vertical clearance.
Crown raising shortens or removes lower branches of a tree to provide
clearance for buildings, signs, vehicles, pedestrians and views. Live crown
ratio should be no less than 66% when raising is completed and some
structural pruning is considered by the City to be part of this pruning.
Clearance objectives are specified above in Tree Pruning Standard 6.
iii. Pruning to Clean:
Crown Cleaning or cleaning out is the removal of dead, diseased, detached
and broken branches '/z" or larger. This type of pruning is done to reduce
the risk of falling branches and to reduce the risk of decay spreading into
the tree from dead or dying branches. Cleaning is the preferred pruning
method for mature trees. Cleaning removes branches with cracks that may
be prone to fail. Care must be used to avoid stripping branches of too
foliage at the interior of the tree crown. This practice which is known as
"lion tailing" is unacceptable. The location and diameter of branches to be
removed may be specified.
iv. Pruning to Reduce:
Crown Reduction is the selective removal of branches and stems to
decrease the height and/or spread of a tree. This is done to minimize risk
of failure, to reduce height or spread, to clear vegetation form buildings,
structures or utilities. Crown reduction should be accomplished with
reduction cuts, not heading cuts. While reducing a crown, tree workers
Routine Tree Services RFP
12
must adhere to basic tree trimming practices involving limb/branch size
relationships and use of the branch bark collar to avoid the onset of decay
at cut sites
v. Pruning to Restore:
Crown Restoration is the selective removal of branches, sprouts and stubs
from trees that have been previously topped, severely headed, lion tailed
or otherwise damaged. One to three sprouts are selected for retention on
trees with many sprouts originating at the tips of branches. Location and
percentage of sprouts are specified
vi. Grid Pruning consists of pruning 7 or more trees located at the same or at
consecutive street addresses. The term is used to reflect an economy of
scale when pruning trees in one location and shall be reflected with bid
pricing reduced from the single tree pruning bid price.
b. Stump Grinding and Tree Removal
Tree removal consists of the removal of the above ground portion of a hardwood
tree or palm tree. Stump removal consists of the removal of the tree root crown
and tree roots to a depth of 18" or until roots are no longer encountered and
distances of at least 24" from the outer circumference of the tree stump or until
roots are no longer encountered.
The Contractor shall comply with all general specifications standards
described herein.
ii. The price given by the Contractor for tree removals shall be inclusive of all
staff, materials and equipment necessary to remove trees as described
herein
iii. The City is responsible for marking trees for removal so that they are easily
identified for Underground Service Alert (USA) and the Contractor. The
Contractor shall be required to contact USA at least 2 working days prior
to stump grinding. The Contractor is hereby made aware that many trees
in the downtown area are located adjacent to street lighting or other utilities
within, which are within 12" of finished grade.
iv. The Contractor shall notify the City Representative in writing of any
condition that prevents the removal of a tree and/or the removal of its root
system. The Contractor shall take all responsibility for any damage that
occurs once the process of removing a tree and/or associated root removal
begins.
v. The Contractor shall comply with wildlife protection standards described
herein whenever removing a tree: A. Tree Pruning, Standard 7, above
vi. The Contractor shall not remove any tree without first confirming that the
tree being considered is indeed the tree to be removed. Any confusion
should be resolved by contacting the City Arborist for assistance. The
errant removal of trees shall be penalized up to but limited to the cost of
the replacement.
Routine Tree Services RFP
93
vii. During a tree removal, the Contractor shall maintain control of the tree and
its parts at all times, which shall include the selection and use of proper
techniques and equipment. At no time shall branches, limbs or tree trunks
be allowed to freefall and create damage of any type. The Contractor will
be held liable for loss of control incidents and shall pay for all damages and
associated costs.
viii. Cranes and other rigging equipment shall be properly certified, with
evidence of such available for inspection prior to use of said equipment in
the City. Crane operators shall be certified by the National Commission for
the Certification of Crane Operators (NCCCO) and shall display current
certification prior to operating a crane in the City. The use of cranes and
certified operators shall not result in additional charges to the City beyond
the unit price for the work being performed (e.g., the price for tree removal).
ix. While loading and handling debris, the Contractor shall maintain control at
all times so as not to result in damage to the public rights of way or private
property. In addition, the Contractor shall not drop logs or trunks as to
create undue noise or shock impact related damages to public and/or
private property.
x. The Contractor shall be responsible for the repair of any private property
including any irrigation system components damaged during a tree removal
or stump grinding. Repairs shall be made using components matching
those that were damaged.
c. Clean up and Debris Disposal
L Contractor shall clean all job sites when work is completed and/or daily,
including the raking of leaves, twigs, etc. from the lawns, street gutters,
sidewalks and parkways and the sweeping or blowing of streets. Each
day's scheduled work shall be completed and cleaned up and only under
City approved emergency circumstances may any brush, leaves, debris or
equipment be left on the street overnight. The City Representative shall be
the sole judge as to the adequacy of the cleanup.
Wood waste generated from tree removals shall be chipped. Diseased
trees shall not be commingled with regular trees in the creation of wood
chips. The disease-free chips shall be dumped and spread in specified
locations in the City at the direction of the City Representative. It is the
responsibility of the Contractor to appropriately dispose of diseased trees.
Wood and branches not suitable for chipping may be dumped at the City
Green Waste disposal site. All tree branches produced because of the
Contractor's operations under the Contract will be reduced, reused,
recycled, and/or transformed.
9. Non -City Maintained Trees
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;
all inquiries to this effect shall be forwarded to the City Representative.
Routine Tree Services RFP
14
10. Insurance Requirements
The City requires contractors to obtain and maintain insurance throughout the contract term, as
described in the attached draft Contract for Routine Tree Services (Attachment B). The required
insurance certificates must comply with all requirements described in Attachment B and 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:
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 yard(s)
n 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.
Summary and definitive information regarding licenses, certifications, company
experience, and qualifications.
Identification of subcontractors and their responsibilities.
■ Attachment A — Bid Proposal
All contractors submitting a bid must fill out Table A.1 and Table B.1
■ Bidder's bond, cash, or certified check for ten percent (10%) of the amount of bid.
■ 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.
Proposals shall be submitted in hard copy only to the address listed below, on 8.5 x 11" paper.
All font must be size 11 pt, and the full length of the proposal may not exceed 30 pages one sided.
Proposals are to be submitted in sealed packages and clearly marked with the name of the
Contractor, the Contractor's address and "City of San Rafael Routine Tree Services". Proposals
received after the time and date specified will be rejected and returned unopened to the proposer.
Failure to adhere to these specifications may be cause for rejection.
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., on August 1611, 2018.
12. Bid Award Process
Routine Tree Services RFP
15
The City will award one contract for Routine Work to the lowest responsive and responsible
bidder, provided that the Bidder is determined to be qualified based on the requirements listed
herein.
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 an
irregularity shall in no way modify this RFP nor affect recommendation for award of contract
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 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
Attn: Mark Wright
111 Morphew Street
San Rafael, CA 94901
or Email address: mark.wright(cD-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.
14. Attachments
Attachment A — Bid Proposal
Attachment B — Draft Contract (Routine Work)
Routine Tree Services RFP
Attachment A — Bid Proposal — Routine Work
Table A: Hourly Rates for Routine Work
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. Travel time is acceptable to be charged separately to the City as appropriate.
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.
Table A.1
Position Hourly Hourly Notes/Assumptions
(enter classification)/ Rates Rates
Equipment Re ular Overtime
Supervisor (required for bid)
Climber/Foreman (required for bid)
Trimmer (required for bid)
Grounds Person (required for bid)
14 -Ton Crane (required for bid)
Page 1 of 2
Attachment A— Bid Proposal -- Routine Work
Table B. Bid Proposal for Routine Work
This Bid Proposal shall be by hourly rate for routine tree services.
The Bid is based on anticipated cost per service and labor/equipment hours below, which
reflects the average number of hours previous contractors have responded to for routine 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 City will award one contract for Routine Work 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 for Routine Work, the City will review Table B.1.
Table B.1: Routine Work
Position
(enter classification)/
Equipment
Estimated
Hours
Estimated
Travel
Time
ours)*
Hourly Subtotal
Rates
Regular
Supervisor
30
+
@
_
Climber/Foreman
550
+
@
_
Trimmer
550
+
@
_
Grounds Person
550
+
@
_
14 -Ton Crane
20
+
@
_
Grand Total Table B.1
*Estimated travel time must be calculated from Contractor Business address or yard to San
Rafael City Hall: 1400 5th Avenue, San Rafael. Note: to bid on Routine Work contractor must
have a yard within 25 miles from San Rafael City Hall (1400 Fifth Avenue).
Page 2 of 2
Attachment B
City of San Rafael California
Form of Contract
Routine Tree Services 2018-2019
This Agreement is made and entered into this day of
between the City of San Rafael (hereinafter called City)
(hereinafter called Contractor). Witnesseth, that the City
considerations hereinafter named, agree as follows:
2018 by and
and
and the Contractor, for the
I. Scope of the Work.
The Contractor hereby agrees to furnish all the materials and all the equipment and labor
necessary to perform the work for the project entitled "Routine On -Call Tree Services
2018-2019," all in accordance with the scope of work outlined in the Request for Proposals
dated June 2018 attached hereto as Exhibit I.
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
Request for Proposals for "Routine Tree Services" dated July 26, 2018 on file in the City's
Department of Public Works, and incorporated herein by reference.
(b) The term of this contract shall commence on the date of this contract and shall terminate exactly
on year later.
(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 in Attachment A to Exhibit I "Bid Proposal". 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.
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 $175.000 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 $175,000 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.
Agreement • 1
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:
I 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 insurance,
as required by the State of California, with statutory limits, and employer's liability
insurance with limits of no less than one million dollars ($1,000,000) per accident
for bodily injury or disease 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 ofthe Contractor in
subparagraph (a) of this section above shall also meet the following requirements:
I. 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 orcoverage 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 OJ 04 13.
3. The insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of Contractor may acquire against City by
virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not City has received a waiver of
subrogation endorsement from the insurer.
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.
Agreement • 2
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.
Itshall be a requirement under this Agreement that any available insurance proceeds
broader than or more than 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 limitsofcoverage of any insurance policy or proceeds available to the
named insured; whichever isgreater.
(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 besatisfied byeitherthe named insured or City orother
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: (I) 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. I n 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.
(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 allowed by law.
Agreement • 3
9. Nondiscrimination
Contractor shall not discriminate, in any way, against any person based on 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, itsofficers,
agents and employees from all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes orregulations.
11. No Third -Party Beneficiaries
City and Contractor do not intend, by any provision ofthis 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 conmmunications 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
P.O. Box 151560
San Rafael, CA 94915
To Contractor: TBD
13. Independent Contractor
For the purposes, and forthe duration, ofthis Agreement, Contractor, its officers, agents and employees
shall act in the capacity ofan Independent Contractor, and not as employees ofthe City. Contractor and
City expressly intend and agree that the status of Contractor, its officers, agents and employees be that
of all Independent Contractor and not that ofan 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 orstatement, written ororal, relating to the subject matter ofthis
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. 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 ofthis Agreement shall control.
Agreement • 4
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) I fContractor 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, if 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 CONTRACTOR: TBD
By:
JIM SCHUTZ, City Manager
Name:
Title:
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
Attachment A — Bid Proposal — Routine Work
Table A: Hourly Rates for Routine Work
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. Travel time is acceptable to be charged separately to the City as appropriate.
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.
Table A.1
Position
(enter classification)/
Equipment
Hourly Hourly
Rates Rates
Re ular Overtime
Notes/Assumptions
Supervisor (required for bid)
3
-
Climber/Foreman (required for bid)
c
Trimmer (required for bid)
c
Grounds Person (required for bid)
• 0 V2
14 -Ton Crane (required for bid)
� � or --
Page 1 of 2
Attachment A — Bid Proposal — Routine Work
Table B. Bid Proposal for Routine Work
This Bid Proposal shall be by hourly rate for routine tree services.
The Bid is based on anticipated cost per service and labodequipment hours below, which
reflects the average number of hours previous contractors have responded to for routine 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 City will award one contract for Routine Work 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 for Routine Work, the City will review Table B.I.
Table 8.1: Routine Work
Position
(enter classification)/
Equipment
Estimated
Hours
Estimated
Travel
Time
(Hours)*
Hourly
Rates
Regular
Subtotal
Supervisor
30
+ ��
@
IV
= 9
Climber/Foreman
550
+ v
@
C'(o
= S20
Trimmer
550
+ 70
@
@
Grounds Person
550 +
zoo
14 -Ton Crane
20
Grand Total Table B.1
p:
*Estimated travel time must be calculated from Contractor Business address or yard to San
Rafael City Hall: 1400 5'h Avenue, San Rafael. Note: to bid on Routine Work contractor must
have a yard within 25 miles from San Rafael City Hall (1400 Fifth Avenue).
Page 2 of 2
Jorge Calderon DBA: Jorge's Tree Service
550 Canal Street, Apt #5
San Rafael, CA 94901
AtvtFRICANSulzr r)'BONDS
1935 Cliff Valley Way NE Ste 115
Atlanta - Georgia - 30329
(404) 486-2355
(877) 201-8976
(404) 393-0826 (Fax)
www.surety ondsagenc com
info(@sure y ondsagency.com
Bond Number
Invoice Number
Bond Effective Date
Bond Expiration Date
001134V
000000
11/14/2018
11/14/2019
Bond Description
Principal
JORGE CALDERON DBA: JORGE'S TREE SERVICE
-Obligee Carrier
City of San Rafael, CA Westfield National Insurance Company
Bond Type
Bond Amount
PAYMENT/ PERFORMANCE
$175,000.00
Fees Premium Amount Due
Type Amount
$0.00
SO.00 $5,250.00
Please Reference Bond Number On All Checks.
Make All Checks Payable To:
American Surety Bonds
Payment Received
Description Amount
NET DUE
$5,250.00
Thank you for your business!
Please note that bond premium is not subject to a "paid when paid" practice. It is due upon issuance of the bond.
Accordingly, to maintain an excellent surety/credit relationship, your bond premium is due immediately.
Invoice Date November 14, 2018
RIDER NO. 1
This rider to be attached to and form part of Bond No. 001134V, effective March 191% 2019,
covering Routine Tree Services 2018-2019 on behalf of Jorge Calderon DBA Jorge's Tree
Service and in favor of the City of San Rafael, CA.
The attached bond shall be subject to all its agreements, limitations, and conditions except as
herein expressly modified.
Modifications to this bond are as follows:
Additional provisions of payment bond:
1. Requirements of California Civil Code Section 9554(b) and (c) below:
9554
(b) The payment bond shall provide that if the direct contractor or a subcontractor fails to
pay any of the following, the surety will pay the obligation and, if an action is brought to
enforce the liability on the bond, a reasonable attorney's fee, to be fixed by the court:
(1) A person authorized under Section 9100 to assert a claim against a payment bond.
(2) Amounts due under the Unemployment Insurance Code with respect to work or labor
performed pursuant to the public works contract.
(3) Amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the contractor and
subcontractors under Section 13020 of the Unemployment Insurance Code with
respect to work or labor.
(c) The payment bond shall be conditioned for the payment in full of the claims of claimants
and by its terms inure to the benefit of any person authorized under 9100 to assert a claim
against a payment bond so as to give a right of action to that person or that person's
assigns in an action to enforce the liability on the bond.
This Rider is effective from the 19`h day of March, 2019.
Signed aijd-datZd this 191h day of March, 2019.
Sam H. Newberry,
Westfield National Insurance Company
Accepted
By.
General POWER NO. 1010461 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
SAM H. NEWBERRY, BROOKE A. KNOWLES, JOINTLY OR SEVERALLY
of ATLANTA and State of GA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, undertakings, and recognizances; provided, however, that the penal sum
of any one such instrument executed hereunder shall not exceed TEN MILLION DOLLARS AND NO CENTS (510,000,000) ----
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.D., 2014 .
Corporate r,.r"' yA "'•a
Seals q fa3 A!Affixed
y�
State of Ohio
County of Medina ss.:
r,,,,rr,,,,,,•,
P�t(�NAC ,N'I,,
.:
�:
SEAL. -r::
r: :m_
* r,
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
ByDennis P�ational Surety Leader and
Senior Executive
On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial ��„1•Iw1"'11'•11
Seal
Affixed
...� . David A. Kotnik, Attorney at Law, Notary Public
State of Ohiod �O My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: t -
9).e OF O i
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 19 day of
March A.D., 2019.
N,WII,WIMI,, ,1„11,1,,,,1,,,1, , NIIIIIIIIVI.II
?+;4SVRA/��;''•r
2 aP�ll?Nf1L /NS•, r'
�r0 ''.ea;'••ti �a ;'�
��;., .an r 1:• ;m : ,o 'sL:• 1846 •:;
.. w
�'•IIVIIMN Inu n j1,1•``, ,�11'•Llinn•••aa`
BPOACI (combined) (06-02)
t
5ecrdary
Frank A. Carrino, Secretary
THIS �LNO ONLY COVERS CLAIMS OF SUBCONTRACTORS,
SUPPLIERS, AND LABORERS TTHE EXTENT THE Westfield National Insurance Co.
PRINCIPAL HAS BEEN PAID FOR THEE LABOR, SERVICES
OR MATERIALS PROVIDED BY SUCH PERSONS. Westfield Group sm One Park Circle, P O Box 5001
Westfield Center, Ohio 44251-5001
Labor and Material
Payment Bond Bond No. 001134V
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL
PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That Jorge Calderon DBA: Jor e's Tree Service
(Here insert the name and address, or legal title, of the contractor)
as Principal, hereinafter called Principal, and WESTFIELD NATIONAL INSURANCE COMPANY, an Ohio Corporation with
Principal Office at Westfield Center, Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto
City of San Rafael CA
(Here insert the name and address, or legal title, of the owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
One Hundred Seventy Five Thousand Dollars and 00/100*
Dollars ($ 175 000 00** ), for the payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
entered into a Contract with Owner for Routine Trop Smites 2018 - 19
Bond Term 111 /29/2018 11/29/2019
in accordance with drawings and specifications prepared by
(Here insert full name and title)
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance
of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1 A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2 The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not
been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution thereon; provided, however, that the Owner shall not be liable for the payment of any costs
or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant shall have given written notice to the Surety above named, within ninety (90) days after such claimant did or performed the
last of the work of labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of
the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by
registered mail, postage prepaid, in an envelope addressed to the Surety, at Westfield Center, Ohio 44251.
(b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract.
�c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any
part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented
under and against this bond.
Signed this 29 day of Novemher , 2018
WE L NATION INSURANCE COMPANY
By By
S��ct
BD 5048WN (02-2004)
Jorge Calderon DBA: Jorge's Tree Service (Seal)
Principal
FINAL BOND PREMIUM
IS FIGURED ON THE
FINAL CONTRACT PRICE
INCLUDING APPROVED
CHANGE ORDERS
General POWER NO. 1010461 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
SAM H. NEWBERRY, BROOKE A. KNOWLES, JOINTLY OR SEVERALLY
of ATLANTA and State of GA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name.
place and stead, to execute, acknowledge and deliver any and all bonds, undertakings, and recognizances; provided, however, that the penal sum
of any one such instrument executed hereunder shall not exceed TEN MILLION DOLLARS AND NO CENTS ($10,000,000) ----
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
UARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and b authority of the following resolution adopted b the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY -
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8. 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.D., 2014
corporate ""�.. """." """'�•., WESTFIELD INSURANCE COMPANY
P WESTFIELD NATIONAL INSURANCE COMPANY
Seals aSUNA& ',, •.•`0'"ONA[ o,
,C aP ,........N t'
Affixed �v f'' ,ey''+, n o_ ' ' L -p =. ���r. + •''••�'tr? OHIO FARMERS INSURANCE COMPANY
xx == rZ � 6NNlTEft 3
as;Hri.C1J.a =ro .r-: SEAL
'•.,ti..ae.��., 'o; 848 ,:� _ II�/�� �• /�
;� •• •' .•' 41' •••..�..' 4 SJ yvrh� .�
State of Ohio '•'�•���•���"' Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal
,,,...+•• •N...,,
ge, kk A L
Affixed
,�P;• `11�f ,S�
State of Ohio�o
County of Medina
ss.:
4TE OF O
6�izedl�w�
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 29 day of
November A.D., 2018
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Frank A Carrino, Secretary
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 INITIA'L'ING DEPARTMENT PROJECT MANAGER
Contracting Department: Public Works
Project Manager: TS _-_.--- --------.---.--__----
Extension: 335 t - __-------- —_— ----- -----
Project Name: Routine Tree Services FY 2018-19_ _ _—
Contractor's Contact: Jorrge Calderon
Contact's Email: jorgecalderon72@live.com
RESPONSIBLE
DEPARTMENT I DESCRIPTION
a Email PINS Introductory Notice to Contractor
v
7
8
9
10
II
Forward signed original agreement to City Attorney with printed cop} of
COMPLETEDDATE REVIEWER (Initials)
9/5/2013 Is
10/1/2018 is
I W5/2018
NA
Project Manager this routing form 11/28/2018
,
City Attorney Revim% and approve hard copy of signed agreement Wi
� i i 9
Review and approve insurance in PINS, and bonds (tor public works 1 /
City Atlomey contracts)
City
Manager/Mayor Agreement executed by Council authorized official
Attest signatures, retains original agreement and forwards copies to projectI' I I
City Clerk manager
Forward Final Copy to Contractor
15
FIN G i N A L
b- Email Contract (in Word) & attachments to City Attorney c o
I
Project Manager
Laraine-Gittensdi_bcityofsanmfilel.org
a. Review, revise and comment on draft agreement and return to Project
Manager
b Confirm insurance requirements, create Job on PINS. send PINS
2
City Attorney
insurance notice to contractor.
Department
Approval of final agreement form to send to contractor. (Provide Dept
3
Director
Director Vinancial Stannum}- iv, ,1greemeno
Forward three (3) originals of final agreement to contractor for their
q
Project Manager
signature.
When necessary, contractor -signed agreement agendized for COUncil
approval
01V ('otntril approval required, Jitr Propwonal Services Agreements and
Purchases olgood.s anel sertuces that excl'ed S75,000 and, for l'uhlic li'ork%
5
Project Manager
Contracts that excecd 5175,000 (linter date of Council Ateeting)
PRIN I
CON I INUF. ROTI ING PROCESS WI 111 I LARD COPY
v
7
8
9
10
II
Forward signed original agreement to City Attorney with printed cop} of
COMPLETEDDATE REVIEWER (Initials)
9/5/2013 Is
10/1/2018 is
I W5/2018
NA
Project Manager this routing form 11/28/2018
,
City Attorney Revim% and approve hard copy of signed agreement Wi
� i i 9
Review and approve insurance in PINS, and bonds (tor public works 1 /
City Atlomey contracts)
City
Manager/Mayor Agreement executed by Council authorized official
Attest signatures, retains original agreement and forwards copies to projectI' I I
City Clerk manager
Forward Final Copy to Contractor
15
FIN G i N A L