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HomeMy WebLinkAbout- - RFP Tree Maintenance Attachment 3 - 11/15/2011ATTACHMENT REQUEST FOR PROPOSAL FOR URBAN FORESTRY MANAGEMENT Public Services Department CITY OF COSTA MESA Released on , 2011 Page 1 of 72 URBAN FORESTRY MANAGEMENT ATTACHMENT 3 REQUEST FOR PROPOSAL (RFP) Dear Proposers: The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from qualified agencies to provide Fire Protection, Emergency Medical and Fire Prevention services to the Community. The City is interested in exploring all viable alternatives for these services, in particular alternatives that maintain the already high standard for fire and emergency services and fire prevention, while also addressing concerns of ability to pay, cost containment, service duplication, and regional cooperation. 1. BACKGROUND On March 1, 2011, the City Council agreed to move forward with a comprehensive review and analysis of outsourcing 18 City services, one of which is Fire Services, as outlined in the Outsourcing of City Services Council Agenda Report, dated February 24, 2011. The City of Costa Mesa is a general law city, which operates under the council/manager form of government with a General Fund budget of over $94 million and a total of over $107 million of fiscal year 2010-2011. The City of Costa Mesa, incorporated in 1953, has an estimated population of 116,479 and has a land area of 16.8 square miles. It is located in the southern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine. The City is a "full service city" and provides a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. The City of Costa Mesa is home to the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation. The City of Costa Mesa is soliciting Requests for Proposals from qualified firms to provide annual services for a comprehensive urban forest maintenance and management program that includes, but is not limited to the inventory management, electronic record keeping, scheduling, pruning, removal and replacement of trees, within the City's urban forest, which is comprised of approximately 22,500 public street trees, park trees and palms. Proposals must be submitted in the format provided within this document by the City of Costa Mesa. Submission of a proposal will be deemed a binding offer to enter into a Page 2 of 72 contract on the terms contained therein for 180 days from the closing date forracnepMg proposals. The purpose of this comprehensive tree management and maintenance contract is to provide the City of Costa Mesa with high quality, cost effective tree care and excellent customer service to the community. The selected firm will work closely with the City Arborist and other City staff to insure the most appropriate care and maintenance of the City's urban forest is provided, with sensitivity to the City of Costa Mesa, its residents, businesses and visitors. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm. The City reserves the right to further negotiate the terms and conditions of the contract following the submittal of proposals. The City shall preserve the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest Proposer. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City's Urban Forest. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP Pre -proposal Meeting Deadline for Written Questions Responses to Questions Posted on Web Proposals are Due Proposal Evaluation Completed Potential Negotiations with Highest Rated Firm Award of Contract 3. SCOPE OF WORK , 2011 2011 , 2011 , 2011 2011 2011 , 2011 2011 COMPREHENSIVE URBAN FOREST MAINTENANCE & MANAGEMENT PROGRAM 1. Terms & Conditions: Contract period: Five (5) years, effective Date 2011 through Date 2016 with the option to renew for three (3) additional one (1) year periods. An awarded contract may be renewed three times on an annual basis, by mutual agreement of both parties. The City does not have to give reason if it elects not to renew. Contract term not to exceed eight (8) years. Prevailing Wage: It shall be mandatory upon the Contractor to whom the contract is awarded to pay not less than the prevailing rates of wages to all workers employed by him in the execution pJg f99ntract. The Contractor will be required to comply with the California Labor Code, Article 2, Section 1770 throroWO Nn1984 inclusive and Article 5, Section 1810 through 1861 inclusive. (Laws and Regulations governing the payment of prevailing wages). The Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Contractor and any of their subcontractors shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed. The payroll records shall be certified, available for inspection, and copies thereof furnished with the payment requests as prescribed in Section 1776 of the Labor Code. Contractor shall keep the City informed as to the location of the records and shall be responsible for the compliance with these requirements by all subcontractors. The provisions of Article 2 and 3, Division 2, Chapter 1 of the Labor Code, State of California, are made by this reference a part of this solicitation. 2. Project Requirements The Contractor will be required to perform and complete the proposed urban forestry maintenance program in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. A. Tree Inventory Upon contract award, the successful Proposer shall be required to provide a complete update of the City's tree inventory at no additional cost to the City and submit the completed inventory to the City within 3 months of the contract award. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields: 1. Tree Location A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. The Contractor shall be required to create an ESRI ArcView/ArcGIS compatible "shape file". The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.). The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. The minimum accuracy shall be not more than one (1) foot. 2. Measurement of canopy spread As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll -a -Tape, to the nearest foot, using a pre -established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City. 3. Tree condition. Page 4 of 72 a. General condition of individual trees ATTACHMENT 3 b. Pruning requirements (i.e., recommended pruning cycle) c. Condition of surrounding hardscape (i.e. displaced or recent repairs) 4. Incorporate root pruning information. The City has accumulated records of root pruning over the last 10 years. This information is attached to the current inventory and will need to be included as part of the updated inventory the root pruning shall be incorporated into the tree inventory. As a part of the field data collection process the Contractor will attempt to match the City's root pruning data against field conditions. The Contractor shall match as many root pruning records as possible with the findings from the field. B. Annual Maintenance Program 1. Upon contract award, the successful Proposer shall be required to submit a work schedule based on the City's annual pruning requirements, removal & replacement program and planting projects. The bid proposal shall include a recommended annual work plan, daily work schedules, personnel and vehicles that would be required to complete the annual maintenance program. Depending on the City's current and future program needs the scheduled work may require multiple crews to perform concurrently within the same time constraints. 2. The Contractor shall have competent working supervisors at each jobsite at all times when work is being performed. Each supervisor must be capable of communicating effectively both in written and oral English and holding the necessary certifications or credentials as described for that position herein. All supervisors must possess adequate technical background to ensure that all work is accomplished with the special provisions of this contract. Contractor is required to have a Project Manager available by telephone on a 24-hour basis that is assigned to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests. 3. The contractor shall be responsible for responding to tree related emergency situations during normal business hours of operation, after- hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during emergencies is critical to the City of Costa Mesa. As part of this contract, the contractor shall be required to make the City of Costa Mesa their priority client for responses during emergencies that cover Orange County area. a. Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within (15) fifteen minutes of the initial call. Page 5 of 72 b. The response time for a crew to arrive on-site for tueeaarWa ed emergencies during normal business hours of operation is thirty (30) minutes. c. The response time for a crew to arrive on-site for tree related emergencies outside of normal business hours of operation is two (2) hours. Failure to meet these requirements by the contract firm shall result in a $500 penalty for each occurrence. 4. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the contract. 5. All employees of Contractor performing services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collar shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. Contractor employees shall appear neat and well-groomed at all times. Contractor employees shall wear orange safety vests when operating machinery or/or while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge: a. The proper license to operate equipment. b. Ability to operate and maintain equipment in accordance with the manufacturer's recommendations. C. Mechanical ability to make required operator adjustments to the equipment being used. d. Knowledgeable of safety regulations as they relate to tree care and traffic control. e. American Red Cross Standard First Aid Certification (minimum of one member of each crew). f. Ability to communicate orally and in writing in English. g. Demonstrated knowledge of tree care and related operations. 6. The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards and standards and requirements described herein in providing tree services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the contract. Page 6 of 72 7. The Contractor shall endeavor to maintain good public relationslatrgfNfimes with the public. All work shall be conducted in a manner which will cause the least possible interference with or annoyance to, the public. 8. Protecting the integrity and value of the urban forest: If, at any time, the Contractor is unclear, on what course of action to follow in the field, the Contractor shall consult with the City Arborist. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. 9. Disfigurement of trees: Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the appraised value of the subject tree. Trees that have been disfigured by the contractor will be appraised by an independent Consulting Arborist and the contractor shall be penalized for that amount. 10. The Contractor shall conduct 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 additional to accept the sole responsibility for complying with all City County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. 11. The Contractor shall be responsible for traffic control and safety regulations as related to any city, state or county requirements while working on medians and/or roads. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines. All operations will be conducted by the Contractor to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook. Where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by the City Arborist or designated representative and the City's Transportation Division. The Contractor shall display standardized warning signage when controlling traffic around any area used for staging or working in any area that is subject to pedestrian or vehicular traffic. At no time shall traffic be permitted to enter, or operations allowed to, carry on within any work zone that presents a dangerous condition to pedestrian and/or vehicular traffic. 12. Contractor shall cooperate fully with the City in the investigation of any accident, injury or death occurring on City property including a complete written report submitted to the City Arborist within 24 hours following the occurrence. Page 7 of 72 Should any structure or property be damaged during pwrr�dO&Nng contracted tree operation, the persons conducting the work shall immediately notify the proper ty owners and City Arborist. Repairs to property damaged by the responsible party shall be made within forty eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Costa Mesa as applicable. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City. Special attention is drawn to existing irrigation systems, plant material, landscape features lights and utility boxes in City parkways, parks and public landscape areas and the need to avoid damage and to repair any damage that occurs on the same day that the damage occurs. The Contractors responsibility shall be continuous and not be limited to working hours or days. 13.Authority and Inspections. The City Arborist and/or his/her authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials used and employed in the work. Whenever the Contractor varies the period during which work is carried out, they shall give advanced notice to the City Arborist. Any inspection of work shall not relieve the Contractor of any obligations to fulfill the contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City Arborist. 14. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the City Arborist for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the contract so far as may be consistent with the intent of the original scope of work. 15. All work shall be completed to the satisfaction of and under the supervision of the City Arborist or designated representative. Failure to comply with any requirement contained herein may result in suspension of work without time extension. Inspection of work will be done by the City Arborist and staff, during the performance of work or when deemed necessary. If any portion of the work done under the contract proves defective or not in accordance with the specifications, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, the City Arborist shall have the right and authority to retain the work, but he may make such deductions in the payment due the Contractor as may be just and reasonable. Page 8 of 72 Any work which is defective or deficient in any of the requiremerntsFactre specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at their own expense. In any other case, a letter will be sent to Contractor noting these deficiencies, and the Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, the City has the right to terminate the Agreement or deduct payment as is proportionately appropriate for non-compliance with the specified contract. 16. The Contractor shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contract from maintenance during a specified time frame. No additional compensation will be allowed for complying with these requirements. Contractor shall notify the City Arborist of any utility that is disturbed or damaged. 17. The Contractor's working hours, for normal work zones, shall be limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from normal working hours, in normal work zones, will not be allowed without obtaining an After -Hours Permit from the City. 18. Upon completion of work on individual street segments that are under the contract, Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets over which work or hauling is done, and any such spillage or debris deposited on street due to Contractor operation shall be immediately cleaned up. 19.Overnight parking of equipment, leaving unattended debris and staging of materials on City streets will not be permitted. Waste bins shall be removed from individual street segments once the work has been completed. 20. All equipment used and all maintenance practices employed shall be subject to the inspection of the City Arborist or designated representative and shall meet safety and functional requirements described herein. All vehicles and equipment operating under this contract shall be properly marked with company identification. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians. Failure to comply with this provision will be cause to have the equipment removed from the job site. It is the Contractor's responsibility to maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of equipment shall be provided with proposal. This inventory shall include the brand name, (AW7Dumber, weight and capacities of all equipment to be used in the performance of the contract. All equipene,aUs to be approved by the City prior to the start of the contract. It is the Contractor's responsibility to notify the City Arborist or designated representative of any change in the equipment inventory during the performance of the contract. This notification shall come in the form of an updated equipment inventory list, presented in the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove the Contractor from the job site until such time as equipment inventory discrepancies are addressed to be compliant with the inventory supplied with the proposal submittal or equal. 21. Disposal of Refuse and Debris. All debris generated by the Contractor in the performance of work shall become the property of the Contractor from and after the time of site clean-up. The Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939. 22. Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any bid item listed. If the work is not listed as a bid item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization, in writing, will be issued by the City. 23. The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City Arborist or designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. 24. If the Contractor, after having officially commenced work on said contract, should discontinue work for any cause, he/she shall notify the City Arborist or designated representative the intent to do so, and shall further notify of the date for restarting operations. 25. The Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. PROJECT SPECIAL PROVISIONS This work consists of tree trimming, tree removal, root pruning and tree planting. This contract also requires electronic management of all work records. Within this section are the descriptions and specifications for the detailed services and materials which will be necessary to provide services under the contract and shall be included in the base price of the bid and shall not result in additional charges to the City. A. Definitions Page 10 of 72 Where "as directed", "as required", "as permitted", "approve", "accepfianaeEN-os words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Costa Mesa is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", in total. The word "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract. B. Work Quality & General Standards All work as part of this contract shall comply with good arboreal practice for the particular species of trees being trimmed, shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City Arborist shall determine if the Contractor has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the contract standards. Prior to beginning the work, the Contractor shall review with the City Arborist various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree trimming shall include but not be limited to current industry standards for pruning. Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the City Arborist for determination of action as soon as it is discovered. Prior to their use, lopping shears shall be specifically approved by the City Arborist. Daily tree trimming operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 4:00 PM Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth from tree trunks. No worker shall enter a fenced or otherwise secured area of private property without the consent of the property owner. C. Public Noticing The Contractor shall supply and post standard signage on the trunk of the tree at the site work at which work is to be performed, at least seventy two hours (72) in advance of work with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree trunk is not Page 11 of 72 available for posting, the Contractor shall affix the posting to a stambww dneize safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. D. Tool Sanitation On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor. E. Wildlife protection Prior to the commencement of any work in the vicinity of 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 Arborist or designated representative. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City's Animal Control service and/or the nearest appropriate animal rescue facility, as identified in the Contractor's submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance. F. Pre -inspection Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, the Contractor shall take appropriate action to protect same. If, during the course of pre -inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the Community Forester or designated representative prior to commencing work in that area. All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo -documentation and/or a written report to the City Arborist shall be considered the responsibility of the Contractor. G. Setup, Operations, Equipment Staging The Contractor shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public and traffic flow. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or left unattended on a public street, City facility or private property. The staging of equipment shall not be exempt from the work hour restrictions defined herein. H. Identification and reporting of hazards While performing work of any type, the tree worker should inspect for any obvious hazards related to trees, including uplifted sidewalk segments. All Page 12 of 72 hazardous situations should be corrected or promptly reported to theTutywAmy defective or weakened trees shall be reported to the City Arborist or designated representative. Risk management Tree work is a controlled task. At no time should work be performed so as to result in a loss of control incident (e.g. free -falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). The Contractor shall be responsible to meet equipment inventory requirements described herein. Failure to maintain control at all times shows a lack of planning and judgment, is dangerous, can result in serious injury and will be penalized. No reasoning will be accepted for loss of control incidents. In addition to penalties and/or the withholding of contract payments, the Contractor shall be responsible for the mitigation of any damage related to a loss of control incident. J. Cleanup of greenwaste & debris: Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). Street rights of way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain. K. Disposal Of Materials -City To Receive Recycling Credit - AB939 All green waste produced as a result of the Contractor's operations under this Agreement shall be reduced, reused, recycled, and/or transformed by Contractor. Weight slips shall be required as proof of final disposal and must be submitted by Contractor with each demand for payment. All brush generated from tree trimming operations shall be recycled where practical. Wood Chips: a. Chips generated from trimming operations within the City of Costa Mesa may be dumped and spread at a City designated site with written permission from the City Arborist. b. At the direction of the City Arborist, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the City. Page 13 of 72 Reducing shall include but not be limited to chipping, grinding, and/c-Shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment. Reusing will include, but not be limited to using chipped, ground or shredded tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, Contractor must provide the City with documentation (included in each demand for payment) from the property owner indicating location and amount of material to be used at that location. Recycling will include, but not be limited to firewood that is too large to be chipped, ground or shredded for use as mulch. Transformation will include, but not be limited to firewood that is too large to be chipped, ground or shredded for use as mulch. If wood is to be kept for firewood by Contractor, Contractor must provide to the City proof of such an operation with each demand for payment. L. Record keeping Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system (web -based SQL Server 2008). This system shall be password accessible twenty four (24) hours each day of the year via the internet. Historic tree inventory and work history data, to be provided by the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service work under the terms of this contract. Thereafter, the Contractor shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory. The system shall be capable of maintaining and displaying all past work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future scheduling to the extent known. All aspects of the system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City of Costa Mesa. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. The records created for the City shall be the property of the City. Tree site/task specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied. Failure to meet and maintain the requirements for the computerized tree inventory system shall be groin, A,Pfmination of the agreement. ATTACHMENT M. Inspections The City Arborist shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work. Each day, the Contractor shall be required to provide the City Arborist and staff with a written schedule of all daily tree maintenance operations including but not limited to trimming, planting, removals, stump grinding, root pruning, and watering. Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment. Any work found to be unacceptable will be noted in writing. Upon receipt of notice of any deficiencies; the Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or have services performed by others at Contractor's expense. N. Invoicing Contractor shall submit invoices on a monthly basis. Invoice format shall include but not be limited to a list of each street that work took place, the address of each individual work site and the activity, the species and its current condition, height, trunk diameter and canopy spread of each individual tree. Each invoice shall include an exact copy in electronic format that is compatible with the City's Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met. O. Withholding Payment The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons: 1. Defective, unsatisfactory or inadequate work not corrected. 2. Claims filed or reasonable evidence indicating probable filing of claims. 3. Failure of the Contractor to make proper payments to subcontractors or for materials or labor. 4. A reasonable doubt that the contract can be completed for the balance unpaid. 5. Damage that resulted from an incident involving property damage. P. Minor Modifications and/or Additional Work The City may modify these specifications with the joint approval of the Contractor and the City of Costa Representative . All modifications shall be in writing. Page 15 of 72 1. In the event that the City of Costa Mesa should require afttia 4Kwcrrk beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price within the industry. 2. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal. 3. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner. 4. The Contractor must have the ability to receive and respond to emergency situations. The response time for a crew to arrive on-site for tree related emergencies during normal business hours of operation is thirty (30) minutes. The response time for a crew to arrive on-site for tree related emergencies outside of normal business hours of operation is two (2) hours. Q. Clarification of Specifications If any Proposer, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City of Costa Mesa Representative for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery. In the event that the City of Costa Mesa Representative receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to Proposers in any manner other than written addendum. R. HARDWOOD TREE PRUNING Any tree work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning. 1. General Specifications for hardwood tree pruning a. Contractor shall consult with the City Arborist before making any cuts that could result in permanent disfigurement of the structure of any tree. b. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of fourteen feet, six inches (14' 6") above the paved surface of the street and fourteen (14) feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged byagpA72pruning action. If pruning to these standards would result in permanent disfiguration of a4TtMOMEkhe Contractor shall not prune the tree until such time as direction is obtained from the City Arborist. c. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. d. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. e. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected. f. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. g. All dead and dying branches and branch stubs shall be removed. h. All broken or loose branches shall be removed. i. Branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed. j. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure. k. Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. I. Selectively prune branches that are within five (5) feet of a structure. m. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. n. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the City ArPAgeis�49-Ao otherwise. ATTACHMENT o. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. p. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. q. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. r. All major pest problems shall be promptly reported to the City. s. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un -abrasive wood surface and secure bark remaining intact. t. All trees six (6) inches in diameter or less shall be pruned with hand tools only. u. Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems. v. Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. w. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree. 2. Prune Classifications for Hardwood Trees A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Full Prune shall have no more than 30% of the live foliage removed. A Full Prune typically consists of one or more of the following pruning treatments: a. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low -vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structurally integrity of the tree, making it subject to limb and branch failure, especially during high winds. Page 18 of 72 b. Crown Thinning: Crown Thinning includes crown clean irFgTlaMdElkh 6 selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to 30% of the live foliage may be removed unless directed otherwise by the City Arborist. c. Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites. d. Crown restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies. e. Crown Raising/Clearance Prune A Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or clearance prune does not involve the detail of work found in a full prune. Crown raising or clearance pruning may consist of one or more of the following pruning types: 1. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two- thirds of its crown to ensure a well -formed, tapered structure and to uniformly distribute stress within the tree. 2. Clearance Prune: Clearance prune is employed as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Clearance pruning does not involve the fine detail work described herein as "full prune". 3. Pruning Specifications for individual Hardwood Species a. General Trimming and Shaping of Conifers Two basic classes of conifers can be found in Costa Mesa, those with branches radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conm9sah-all typically be pruned in late winter or early spring. Typically, up to 30% of the live foliage may berrend unless directed otherwise by the City Arborist. 1. Contractor shall avoid damaging the central leader on all conifers. In specific cases the City Arborist may direct the contractor to remove the central leader in an effort to limit the height of specific trees. 2. At the time of pruning, the City Arborist shall determine which trees shall have the new growth pinched back in an effort to control canopy size. 3. To control the growth of large, mature conifers contractor shall be required to prune the new growth of lateral limbs. 4. Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy. b. General Trimming and Shaping of Broadleaf Trees Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City Arborist and in accordance with the following: 1. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) and up to thirty percent (30%). 2. In specific cases the City Arborist may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees. 3. Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. 4. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. 5. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. S. Palm Tree Pruning Any tree work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type. 1. The specifications for the pruning of palm trees are as follows: a. While making an approach to the palm crown for pruning, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City Arborist immediately. b. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its Page 20 of 72 cutting blade submersed in an equal solution of bleach and watecQre and after the handsaw is used to cut the fronds of any other palm tree. At no time shall a chainsaw be used to prune any frond from any Canary Island Date Palm (Phoenix canariensis) in the City of Costa Mesa. The use of chainsaws to prune any frond from any Canary Island Date Palm will result in monetary penalties. Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. C. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any Canary Island Date Palm (Phoenix canariensis) in the City of Costa Mesa. The use of chainsaws to prune any fruit or flower structures from any Canary Island Date Palm will result in severe contract penalties. Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape elements. d. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 1. Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Costa Mesa, the Contractor may use a clean chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned. Page 21 of 72 2. Date Palm (Phoenix dactylifera): spent petiole bases are Iekr*�CftfLMTa supportive "base" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Costa Mesa, the Contractor may use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor shall use care not to cut into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm is pruned. 3. Queen Palm (Syagrus romanzoffianum): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. 4. King Palm (Archontophoenix cunninghamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. 5. Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is pruned. 6. California Fan Palm (Washingtonia filifera): spent petiole bases are left uniformly long to form a nut which shall extend no more than eight (8) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a California Fan Palm is pruned. T. Tree Removal Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. 1. The Contractor shall comply with all general specifications standards described herein. 2. The diameter price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein. 3. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor shall notify the City Arborist or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding 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 grinding begins. 4. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree. Page 22 of 72 5. The Contractor shall not remove any tree without first confirming that tlxa *LE�mg 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. 6. 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. Loss of control incidents shall be penalized. 7. 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 of Costa Mesa. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to 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. 8. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights or way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property. 9. Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chips and stump grindings shall not be used as a backfill material. 10. The Contractor shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. U. Tree Planting & Young Tree Care 1. Tree Planting Tree planting consists of the installation of nursery stock container or palm trees supplied by the Contractor. a. The Contractor shall comply with all general specifications standards described herein. b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. c. The Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted. d. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. e. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound Page 23 of 72 material will be rejected. Palms that are delivered uncovered, witlx-adryi ball or with a soilless root ball will be rejected. The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the City Arborist for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted. g. All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, nails) shall be removed from the planting pit prior to backfilling. h. The Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the Contractor shall install the tree or palm so that the top of root ball is two (2) inches above surrounding finish grade. The Contractor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. The Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines. The Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand. k. While backfilling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree. The Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer's specifications. m. Upon completion of the planting of a tree, the Contractor shall seed and top - dress any barren areas within ten (10) feet of the center of the trunk of the tree if there was established turf in that location. The seed shall be of the same a Page 24 of 72 tall fescue turf grass type existing on site or annual ryegrass if the ktr AeFwwns seedable variety; to be applied at a rate appropriate for the type of turf seed applied. The seed shall be top dressed with well -decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or chip topdressings will not be allowed. The Contractor shall include seed establishment information for the property owner at the time of tree removal. n. The Contractor shall not use hoses, equipment or water from private properties while installing or watering -in parkway trees. 2. New Tree Care New Tree Care consists of the irrigation of young trees which have been installed by the Contractor and the cultivation of new canopy coverage. a. The Contractor shall comply with all general specifications standards described herein. b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree. c. The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees. d. While performing tree watering, the Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein. e. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. f. The Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor. V. Root Pruning Specifications In an effort to minimize future damage to public sidewalks and curbs and gutters, the City of Costa Mesa is initiating a root pruning and root barrier installation program. The Contractor will be provided a listing of trees to be root pruned. The list shall include the location of the tree, tree species, lineal feet to be root pruned and area to be pruned such as sidewalk or curb and gutter. Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be four (4) inches wide, twelve (12) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the sidewalk or other improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide, eighteen (18) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree asagmagared from the top of the curb or other improvements. ATTACHMENT Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking the sidewalk. After the pruning cut has been completed, the Contractor shall install the appropriate amount of root pruning barrier by Deep Root Corporation, or an approved equal. All cuts shall be backfilled immediately upon completion of root pruning and barrier installation at each location. Backfill material shall consist of soil and/or mulch from root pruning and shall be free of rocks and other debris. All debris generated by these operations shall be immediately removed from the site and properly disposed of by the Contractor. The Contractor shall repair or replace all utility service connections or sprinkler systems within the right- of -way that are damaged or removed as a result of the root pruning operation. Repairs shall be implemented immediately and completed by the end of the same working day. Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-(800) 422-4133 for locating underground utilities prior to beginning the pruning operation. The Contractor shall submit a lineal foot cost for the root pruning and root barrier installation. The cost of providing all labor, tools, equipment and materials necessary for performing the specified work will be included in this bid price and no additional compensation will be allowed. 4. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Costa Mesa with a thorough proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12 - point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Proposer's response: A. Vendor Application Form and Cover Letter Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor's office located nearest to Costa Mesa, California and the office from which the project will be managed. Page 26 of 72 B. Background and Project Summary Section ATTACHMENT 3 The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP. C. Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. 5) Firms and individuals wishing to be considered shall include in their submissions the steps they will, if selected, implement and adhere to for the recruitment, hiring and retention of former employees of the City who have been displaced due to layoff or outsourcing of functions and services formerly provided by the City. D. Staffing Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. E. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. Page 27 of 72 3) Provide at least five local references that received similar seaviaeBmfturn your firm. The City of Costa Mesa reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number, and e-mail address 5. PROCESS FOR SUBMITTING PROPOSALS ♦ Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines. ♦ Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. ♦ Number of Proposals Submit an original and five (5) copies plus one disk copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. ♦ Submission of Proposals Complete written proposals must be submitted in sealed envelopes marked and received no later than 4:00 p.m. (P.S.T) on , 2011 to the address below. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. Kimberly Hall Barlow Jones & Mayer City Attorney's Office City of Costa Mesa 3777 N. Harbor Blvd. Fullerton, CA 92835 RE: Urban Forestry Management ♦ Inquiries Questions about this RFP must be directed in writing, via e-mail to: , @costamesaca.gov From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP, except during the pre -proposal conference. Refer to the Schedule of Events of this RFP or the City webpage to determine if a pre -proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. ♦ Conditions for Proposal Accept gnce of 72 This RFP does not commit the City to award a contract or to pa�Arampi[aosts incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the proposal, it should be clearly identified MINIMUM REQUIREMENTS FOR SUBMITTING A PROPOSAL A. Proposer must have been in the business of providing full service urban forest maintenance programs to governmental agencies and/or municipalities that includes, but is not limited to the pruning, removal and replacement of trees for at least five (5) years. In addition, Proposer must provide five (5) references with contact information for the main agency manager. B. Proposers must show, through documentation by records of past performance and references, a corporate capability that includes the ability to perform the following work, both consistently and concurrent with other required services: Annually trim as many as eight thousand (8,000) trees, with trees ranging in size from three (3) to more than forty (40) inches in diameter, with work occurring during regular business hours, at night or during weekends. Inclusive in this tree count are more than two thousand five hundred (2,500) palms, which shall be trimmed from the safety of a certified aerial boom truck. The Proposer must be prepared to physically display an inventory of equipment for inspection by the City that includes certified aerial boom truck equipment with boom height capacity in excess of ninety (90) feet. The City will not allow workers gaffing into palms as a substitution for equipment that does not meet equipment height requirements. The Proposer must be prepared to trim trees based on seasonal appropriateness and the logistical needs of the City. Annually remove and grind the stumps of as many as two hundred fifty (250) trees ranging in size from three (3) inches to over forty (40) inches in diameter, with work occurring during regular business hours. The Proposer must show documentable experience in the safe removal of mature trees using methods of rigging, including the use of cranes. Annually, supply and plant as many as five hundred (500) trees ranging in size from fifteen (15) gallon to thirty-six (36) inch box -size nursery stock. The Proposer shall exhibit, by portfolio and references, experience with planting projects of the scope and quantity described herein. Annually water and maintain as many as five hundred (500) young trees with a regularly scheduled work plan. The Proposer shall exhibit, by portfolio and references, the capacity to respond to emergency tree incidents, ranging from limb failures on single trees to storm related damages affecting many trees, in a manner that meets the needs of the City. C. Proposer shall show capacity to process notifications for the community on all work activities and to operate and maintain, at no additional cost to the City, an internet based computerized tree inventory system that has the capacity to integrate existing tree inventory data and work histories and to update site Page 29 of 72 specific tree data and work records as described herein. The useAdMdG-09 hangers and/or door knocking may be permitted, however mailed notifications are preferred. D. Proposals must be complete, as detailed in this RFP, including any necessary sub -Contractor quotes. E. Proposer's proposal must be valid for not less than one hundred eighty (180) days after the Proposal Submission Deadline. F. Proposer must hold valid State of California Contractor's Licenses C61/D49 and C27 at the time of proposal submittal. G. Proposer must have a sufficient inventory of equipment so as to be able to perform the scope of work described in the Project Requirements & Project Special Provisions. H. Proposer must possess the capability of processing the quantities of green waste and refuse that are generated from performing the work described herein in a manner compliant with the requirements of the State's legislation, AB 939. Proposer must have on their staff an adequate number of full-time permanently employed personnel that are fully trained in urban forestry best management practices and are able to speak and understand English in order to successfully complete all work specified as part of this contract work. J. Proposer must be capable meeting the additional insurance requirements outlined in this section of the Request for Proposal. Prior to commencing work, the Contractor shall procure and maintain at Contractor's own cost and expense for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in Contractor's bid. Without in any way affecting the indemnity provided, the Contractor shall secure before commencement of the work and throughout the contract the following types and amounts of insurance: 1. Commercial General Liability Insurance: Contractor shall maintain commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence/$5,000,000 annual aggregate. a. CGL insurance shall be written on Insurance Services Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and explosion, collapse and underground hazards. 2. Business Auto Liability Insurance: Contractor shall maintain business auto liability with a limit of not less than $1,000,000 each accident. Page 30 of 72 a. Business Auto Insurance shall cover liability arising out otT-anyMabut© (including owned, hired, and non -owned autos). Coverage shall be written on Insurance Services Office form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 0001. 3. Workers' Compensation and Employer's Liability Insurance: Contractor shall maintain workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease. a. The insurer shall agree to waive all rights of subrogation against the City of Costa Mesa, its officers, officials, employees, and volunteers for losses arising from activities and operations of Contractor in the performance of services under the contract. 4. Any deductibles or self -insured retentions must be declared to and approved by the City of Costa Mesa. At the option of the City of Costa Mesa, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City of Costa Mesa, its officers, officials, employees, or volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Costa Mesa guaranteeing payment of losses and related investigation, claim administration and defense expenses. 5. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. City of Costa Mesa, its officers, officials, employees, and volunteers are to be covered as additional insured's with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Under the CGL policy, using the Insurance Services Office additional insured endorsement form CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. City and other additional insured's mentioned in this paragraph shall not, by reason of their inclusion as additional insured's, become liable for any payment of premiums to carriers for such coverage. b. For any claims related to this project, the Contractor's insurance coverage shall be primary as respects the City of Costa Mesa, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City of Costa Mesa, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under the California Civil Code. Page 31 of 72 6. Each insurance required by this clause shall be endorsed towstaieoftkral coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City as set forth in the notice requirement of this Agreement. 7. If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Contract and obtain damages from the Contractor resulting from said breach. Alternatively, City may purchase such coverage (but has no special obligation to do so), and without further notice to the Contractor, City may deduct from sums due to the Contractor any premium costs advanced by the City for such insurance. 8. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:6 unless otherwise approved by the City's Risk Manager. 9. Contractor shall furnish the City of Costa Mesa with original certificates and amendatory endorsements effecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City of Costa Mesa or on other than the City of Costa Mesa's forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City of Costa Mesa before work commences. The City of Costa Mesa reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 10. Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. III. PROPOSAL GUIDELINES, SUBMITTALS & SELECTION PROCESS The City of Costa Mesa has a world renowned reputation. It is known its vital neighborhoods, well maintained open spaces and public landscapes and its environmental programs. The residents, business owners and staff have high expectations when it comes to tree care and the contractors that perform work within the City. Contractors must be aware of how the quality of the service they provide will affect the reputation of the City. All contractors proposing to work within the City of Costa Mesa must strive for excellence at all times. B. Proposal Guidelines & Requirements 1. Award will be made to the firm who best meets the City's requirements and who offers the most advantageous combination of low price and highest qualifications for the all criteria described in this document. 2. Proposals may be withdrawn at any time prior to the Open Date. No proposal may be withdrawn after the Open Date. Page 32 of 72 3. Proposers are to field verify any footages, sizes or quantities provddF-i"Efts document and base bids only on field verified footages, sizes or quantities. Proposers are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Proposer represents and warrants that it has thoroughly examined and become familiar with the work required under this RFP, that Proposer has conducted such additional investigation as it deems necessary and convenient, that Proposer is capable of providing the equipment, goods and services necessary to furnish tree care services in a manner that meets the City's objectives and specifications as outlined in this RFP, and that Proposer has reviewed and inspected all materials submitted in response to this RFP. Once the award has been made, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Proposer to request additional compensation. 4. Bid proposals shall include OSHA certifications for all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of this project. Both of these provisions shall be provided with the submission of bid proposals. 5. Bid proposals shall include a list of all persons and their titles that will be performing the work outlined in the contract. Personnel must be qualified and trained in the tree maintenance industry. This will include the staffing of an on-site Supervisor who shall be an ISA Certified Arborist and fluent in the English language. At all times during contracted tree maintenance activities, the firm shall have work crews on site that are represented by an English speaking supervisor who can receive and carry out instructions given by proper authorities. Hiring of City Employees: Firms and individuals wishing to be considered shall include in their submissions the steps they will, if selected, implement and adhere to for the recruitment, hiring and retention of former employees of the City who have been displaced due to layoff or outsourcing of functions and services formerly provided by the City. 6. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict, with the contract, which may be delivered to said party or his representatives on the work. 7. Bid proposals shall include a Quality Control Plan with realistic expectations and an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with all proposed quality control methods throughout the term of the contract. 8. Contractors shall include with the bid proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. 9. The process will adhere to the current City of Costa Mesa Administrative Instructions for the award of contracts. Each bid will be evaluated based on Page 33 of 72 firm qualifications and the required submittals. Firm selection wAfT eHgode by utilizing the criteria described in this document. Each firm will be evaluated on their qualifications. All applicants will be notified as to the results of this evaluation. 10. If the proposal is made by a sole owner, it shall be signed with his/her name and his/her address shall be given. If it is made by a partnership, it shall be signed with the partnership name by a member of the firm authorized to bind the partnership who shall also sign his/her own name, and the name and address of each member shall be given. If it is made by a corporation, the first signature shall be made by a president or vice president and the second signature shall be made by a secretary or treasurer or other individual who has the full and proper authorization to do so and their address shall be given. If the proposal is made by a joint venture, it shall be signed on behalf of each participating company by officers or other individuals who have full and proper authorization to do so and their address shall be given. 11. Proposer's failure to duly and adequately respond to this RFP will render the proposal non-responsive and is grounds for rejection by the City. 12. The City of Costa Mesa shall not be liable for any pre -contractual expenses incurred by any proposer or the selected Proposer. Proposer shall not include any such expenses as part of the price proposal in response to this RFP. 13. Any contract that results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. 14.The successful Proposer will be required to furnish the City with a Performance Bond in the amount of 100% of the annual contract amount and shall be furnished concurrently with the signing of the contract. The surety who provides the bond must be authorized by the Insurance Commissioner to transact business of insurance in the State of California. Said bonds shall be executed by the surety and Contractor concurrently with the signing of the contract. The form of said bond must be approved by the City Attorney's Office. C. Submittals Firms wishing to have their bid proposals considered for this project shall include the following submittals. 2. State of California Contractor's License number and expiration date, C-27 & C61 /D-49. 3. Proof of required insurance coverage Affirmative statement of compliance with indemnity and insurance. 4. Names, qualifications and proposed duties of staff to be assigned to this project. The firm shall identify at least two (2) ISA Certified Arborists who have at least 5 years experience in the field of urban forest management that will be responsible for providing project management throughout the life of the contract as well as a full-time English speaking Project Supervisor, who is Page 34 of 72 an ISA Certified Arborist, capable of communicating WithATBMYME9RY representative and be authorized to act on behalf of the firm. 5. List of staff qualifications including but not limited to: a. Certified Arborists employed by the firm. b. Certified Tree workers employed by the firm. c. Certified Utility Arborists employed by the firm. d. Utility Line Clearance Specialists employed by the firm. e. Certified Wildlife Protectors employed by the firm. f. California State Licensed Pest Control Advisor employed by the firm. g. California State Licensed Pest Control Applicator employed by the firm. h. Consulting Arborist employed by the firm to consult on tree health issues. i. Technicians providing technical support for inventory software. 6. Documentation of the technical ability and experience similar in scope to this project. a. A description of previous experience, including urban forestry management projects of similar nature and scope. b. A written description of the proposed software program to be used to manage the City's Tree Inventory and firm's ability to provide accurate inventory updates for all trees serviced. c. A statement describing the firm's ability to provide tree inventory data for the City's Geographic Information System (GIS). Data shall be compatible with the City's GIS program. d. A written description of work activities that includes but not limited to the following activities: 1. Grid pruning 2. Service responses 3. Planting 4. Removals 5. Emergency response protocol e. A written description of the firm's plan to report greenwaste generated and the method for its disposal. f. A complete list of machinery and equipment, including year, serial number and license number, that will be dedicated for use on this contract and all available equipment in reserve to allow for breakdowns. g. A written statement describing the firm's ability to acquire and purchase trees for the City's planting program. Include a description of the facility where the trees are to be stored. 7. A written description of the firm's internal tree maintenance and arboricultural training program. 8. Statement of past project disqualification(s) and litigation. 9. Proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public & private property. b. Effective means to correct problems. c. The means the firm will use for completing the project. Page 35 of 72 10. Proposed Customer Service Program. ATTACHMENT 3 a. A detailed description of the proposed services to be performed along with schedules, list of personnel, and vehicles that would be required to complete this project. b. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.) 11. Documentation of Corporate and Financial Capability 12. Letters of Reference (a maximum of 5 letters may be submitted). 13. Cost Proposal shall be submitted in a separate sealed envelope as part of this Proposal for all materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the RFP, at prices indicated. IX. EVALUATION CRITERIA The City's evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest responsible bidder will be determined based on evaluation of qualitative factors in addition to price. At all times during the evaluation process, the following criteria will be used. Sub -criteria are not necessarily listed in order of importance. Additional sub criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below. 1. Qualifications of Entity and Key Personnel -------25% Includes ability to provide the requested scope of services, the Proposer's financial capacity, recent experience conducting work of similar scope, complexity, and magnitude for other public agencies of similar size, references. 2. Approach to Providing the Requested Scope of Services -------10% Includes an understanding of the RFP and of the project's scope of services, knowledge of applicable laws and regulations related to the scope of services. 3. Price Proposal -----50% Price Proposals will be evaluated on the basis of the Total Estimated Annual Price submitted in Appendix D. 4. Innovative and/or creative approaches to providing the services that provide additional efficiencies or increased performance capabilities. ----15% X. EVALUATION OF PROPOSALS AND SELECTION PROCESS In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating proposals. An Evaluation/Selection Committee (Committee), which may include members of the City's staff and possibly one or more outside experts, will screen and review all proposals according to the weighted criteria set forth above. While price is one basic factor for award, it is not the sole consideration. A. Responsiveness Screening Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals. B. Initial Proposal Review Page 36 of 72 The Committee will initially review and score all responsive writteM-rPAop09fls based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer's approach, qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection. C. Interviews, Reference Checks, Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for September 28, 2011 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This date is subject to change. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer's references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer's services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP. 8. PROTEST PROCEDURES Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City Page 37 of 72 advising of staff's recommendation for award of contract. The protest rrmrAcaiaady specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff's recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting. 9. CONFIDENTIALITY The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the proposals following the evaluation process at such time as a recommendation is made to the City Council. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer's competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as confidential. Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer's request, Proposer shall assume all responsibility for any challenges resulting from the non -disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney's fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. • DISPOSAL OF MATERIALS CITY TO RECEIVE RECYCLING CREDIT -AB939 All green waste produced; as a result of the Contractor's operations under this Agreement shall be reduced, reused, recycled, and/or transformed by Contractor. Weight slips shall be required as proof of final disposal and must be submitted by Contractor with each demand for payment. Reducing shall include but not be limited to chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment. Reusing will include, but not be limited to using chipped, ground or shredded tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, Contractor must provide the City with documentation (included in each demand for payment) from the property owner indicating location and amount of material to be used at that location. Recycling will include, but not be limited to firewood that is too large to be Page 38 of 72 chipped, ground or shredded for use as mulch. Transformation will includaTbutiMENT 3 not'be limited to firewood that is too large to be chipped, ground or shredded for use as mulch. If wood is to be kept for firewood by Contractor, Contractor must provide to the City proof of such an operation with each demand for payment ♦ Ex Parte Communications Proposers and Proposers' representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix C) with their proposals certifying that they have not had or directed prohibited communications as described in this section. ♦ Conflict Of Interest The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. ♦ Disqualification Questionnaire Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation. See Appendix E. ♦ Disclosure Of Governmental Position In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions Page 39 of 72 as elected or appointed officials, directors, officers, or emplayefiSdnafiTa governmental entity or held such positions in the past twelve months using the attached "Disclosure of Government Positions Form." (See Appendix F.) Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. Page 40 of 72 ATTACHMENT Page 41 of 72 REQUEST FOR PROPOSAL Urban Forest Management VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E -Mail Address: Phone: Contact Person for Proposals: Title: Business Telephone: Is your business: (check one) ❑ CURRENT VENDOR Fax: E -Mail Address: Business Fax: ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION ATTACHMENT Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Federal Tax Identification Number: Title Phone City of Costa Mesa Business License Number: (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: Page 42 of 72 ATTACHMENT Page 43 of 72 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT CITY OF COSTA MESA THIS AGREEMENT is made and entered into this _ day of , 2011 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and consultant, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant as described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise necessary to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. It is understood that in the exercise of every aspect of its role, within the scope of work, consultant will be representing the City, and all of its actions, communications, or other work, during its employment, under this contract is under the direction of the City. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered Page 44 of 72 against City for, or on account of any liability under any of the above-mentionedAa NHW-ch may be incurred by reason of Consultant's performance under this Agreement. 1.4. Prevailing Wages. Consultant shall pay not less than the prevailing rates of wages to all workers employed by him in the execution of this Agreement. The Consultant will be required to comply with the California Labor Code, Article 2, Section 1770 through 1780 inclusive and Article 5, Section 1810 through 1861 inclusive. (Laws and Regulations governing the payment of prevailing wages). The Consultant shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Consultant and any of its subcontractors shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed. The payroll records shall be certified, available for inspection, and copies thereof furnished with the payment requests as prescribed in Section 1776 of the Labor Code. Consultant shall keep the City informed as to the location of the records and shall be responsible for the compliance with these requirements by all subcontractors. The provisions of Article 2 and 3, Division 2, Chapter 1 of the Labor Code, State of California, are made by this reference a part of this Agreement. 1.5. Performance Bond. A performance bonds shall be required to be issued to ensure Consultant's performance under this Agreement. The amount of the performance bond shall be $ and shall be issued by an admitted surety insurer as defined by the Code of Civil Procedure Section 995.120. 1.6. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.7. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.8. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 2.0. COMPENSATION AND BILLING 2.1. Compensation. [TBD] 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's affected supervisor for approval on a progress basis, but no more often than two times a month. Said invoice shall Page 45 of 72 be based on the total of all Consultants' services which have been completed tokiQii�4me�de satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither parry shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three year, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. At the end of the term period, the City may determine, in its sole discretion, to exercise an option to renew the contract for up to two periods of one (1) year each. The City shall give notice to Consultant of its intention to exercise such option at least 30 days prior to expiration of the base, or option, term. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, inmate intake reports and logs shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without Page 46 of 72 specific written authorization from Consultant shall be at City's sole risk and withou+trtwNfi�-_P-Da legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than Three Million Dollars ($3,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving, subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." 5.3 If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. Page 47 of 72 5.4. Certificates of Insurance: Consultant shall provide to City cerffic aWENTJf insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices: Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Consultant 12345 Jefferson Rd. Costa Mesa, CA 92626 Tel: 555-555-5555 Fax: 555-555-5555 Attn: IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: 714-754-5156 Fax: 714-754-5330 Attn: Purchasing 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit Page 48 of 72 "B" and incorporated herein by reference. Consultant's failure to conform to the irrts set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law: This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment: Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless: To the fullest extent permitted by law, the Consultant assumes liability for and shall save and protect, hold harmless, indemnify, and defend the City and its elected and appointed officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees") from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation, attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of, resulted from or related to the engagement of Consultant or the performance of this Agreement by the Consultant (including its subcontractors and suppliers). It is expressly intended by the parties that Consultant's indemnity and defense obligations shall apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution, regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not such Indemnitee negligence or other fault caused or contributed to the arising of the Claims. "Claims" as used in this section shall include, without limitation, those for personal injuries, wrongful death, mental or emotional distress, loss of consortium, damage to or loss of use of real, personal or intangible property of any kind, loss of income, loss of earning capacity, and business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys fees, and costs and expenses of any kind whatsoever. Consultant's indemnity and defense obligations shall cover the acts or omissions of any of Consultant's subcontractors, and suppliers, and the employees of any of the foregoing. The Consultant's indemnity and defense obligation under this Section includes, without limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from allegations of violations of any federal, State, or local law or regulation, and from allegations of violations of Consultant's or its subcontractor's personnel practices or from any allegation of an injury to an employee of the Consultant or subcontractor performing work or labor necessary to carry out the provisions of this Contract. Page 49 of 72 The indemnification obligations in this Section shall not be construed to negauc*iddge or otherwise reduce any other obligation of indemnity the Consultant may have with respect to the City which may otherwise exist. If any judgment is rendered against the City or any of the other individuals enumerated above in any such action, the Consultant shall, at its expense, satisfy and discharge the same. This indemnification shall survive termination or expiration of this Agreement. 6.10. Independent Contractor: Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.11. PERS Eli _ ig bility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Ownership of Documents: All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.13. Confidentiality: Any City materials to which the Consultant has access, information that reasonably might be construed as private or containing personal identifiable information, or materials prepared by the Consultant during the course of this Agreement (collectively referred to as "confidential information") shall be held in confidence by the Consultant, who shall exercise all reasonable precautions to prevent the disclosure of confidential information to anyone except the officers, employees and agents of the Consultant as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall Page 50 of 72 not release any reports, information, private or promotional information or materMss ,aha deemed confidential or not, to any third party without the approval of the City. 6.14. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.15. Prohibited Employ: Consultant will not employ any regular employee of City while this Agreement is in effect. 6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of the Proposal, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the Proposal. 6.17. Costs: Each parry shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.19. Headings: Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.20. Construction: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.21. Amendments: Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver: The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. Page 51 of 72 ATTACHMENT 6.23. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.25. Corporate Authority: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation City Manager of Costa Mesa CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Date: Date: Date: Page 52 of 72 Risk Management APPROVED AS TO CONTENT: Project Manager Date: Date: Page 53 of 72 ATTACHMENT EXHIBIT A CONSULTANT'S PROPOSAL Page 54 of 72 ATTACHMENT EXHIBIT B CITY COUNCIL POLICY 100-5 Page 55 of 72 ATTACHMENT ATTACHMENT SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug- free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; b. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; Page 56 of 72 ATTACHMENT SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 3. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: page 57 of 72 a. Contractor and/or sub -grantee has made a false certification under 4yayagraphT b above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. Page 58 of 72 EXHIBIT C CERTIFICATES OF INSURANCE Page 59 of 72 ATTACHMENT ATTACHMENT Page 60 of 72 ATTACHMENT EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning the Urban Forestry Management RFP at any time after 2011. N' I certify that Proposer or Proposer's representatives have communicated after , 2011 with a City Councilmember concerning the Urban Forestry Management RFP. A copy of all such communications is attached to this form for public distribution. Page 61 of 72 ATTACHMENT Page 62 of 72 The Proposer agrees that for requested and/or required changes in the scope of wop,Tineki6mg additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. Proposer is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire proposal. Unit prices listed below refer to all items performed and the proposal documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the Proposer. The unit prices quoted by the Proposer shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. All work shall be performed in accordance with the specifications. Proposer's Name: Proposer's Initials: PROPOSER License No. Expiration: PROPOSER Taxpayer I.D. Number: Signature: Date: PROPOSER Address: Telephone Number: ( ) Fax Number: ( ) 24 -Hour Emergency Contacts: Telephone No.: ( ) Name Telephone No.: ( ) Name Telephone No.: ( ) Name Proposer's Initials The Proposer agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Proposer from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Proposer agrees that the City shall have the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work. Proposer's Initials Page 63 of 72 Respectfully submitted ATTACHMENT 3 If the proposal is by a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign. ❑ Corporation Taxpayer I.D. Number: Can Sign Must Sign Name ❑ ❑ Name ❑ ❑ Name ❑ ❑ If the proposal is by a partnership or a joint venture, state the names and addresses of all general partners and joint ventures. ❑ Partnership or Joint Ventures Taxpayer I.D. Number: Name Address Name Address If the Proposer is a sole proprietorship or another entity that does business under a fictitious name, the Proposer shall be in the real name of the Proposer with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless there is a current registration with the Orange County Recorder. The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint ventures, give names of all the individual members. Proposer's Initials Page 64 of 72 (180.SPC)CS Created 2/13/04 ATTACHMENT Proposer shall signify receipt of all Addenda here, if any: Addendum No. Date Received Proposer's Signature Pg. 1 Page 65 of 72 ATTACHMENT COST PROPOSAL: The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the RFP, at prices indicated below: Hardwood Tree Trimming: Unit Price in Figures Full prune Hardwood tree 0" - 6" Diameter Standard Height $ 7" - 12" Diameter Standard Height $ 13" - 18" Diameter Standard Height $ 19" - 24" Diameter Standard Height $ 25" - 30" Diameter Standard Height $ 31" - 36" Diameter Standard Height $ 36"+ Diameter Standard Height $ Crown Raise/Clearance Prune Hardwood tree 0" - 6" Diameter Standard Height $ 7" - 12" Diameter Standard Height $ 13" - 18" Diameter Standard Height $ 19" - 24" Diameter Standard Height $ 25" - 30" Diameter Standard Height $ 31" - 36" Diameter Standard Height $ 36"+ Diameter Standard Height $ Palm Tree Trimming: Prune Date Palm (Phoenix spp.) $ Clean Trunk for Date Palm (Phoenix spp.) $ Prune Fan Palm (Washingtonia spp.) $ Clean Trunk for Fan Palm (Washingtonia spp.) $ Prune all other Palm Species $ Root Pruning: Annual total estimated cost includes the cost for all labor, materials, permits, special equipment, licenses, hauling and disposal fees necessary to complete the contract requirements. Root pruning and installation shall be done on an "as needed" basis per Department's requirement. Root Pruning and installation of 12 inch root barrier: $ per lineal foot Page 66 of 72 ATTACHMENT Root Pruning and installation of 18 inch root barrier: $ per lineal foot Root Pruning and installation of Biobarrier. Product depth will vary from 12" to 30" and could include horizontal applications. $ per lineal foot Annual total estimated cost (A Total + B Total + CTotal) $ General Labor Rates Hourly rate for 1 Groundperson $ Hourly rate for 1 Equipment Operator $ Hourly rate for 1 Trimmer $ Day Rate Service Crew: Boom truck per eight (8) hour day to include a chip body, low decibel chipper, 1 trimmer, 2 ground persons $ Tree Removal: Tree and Stump removal per inch trunk Diameter at Standard Height (DSH) Removal Cost Removal Cost (Milled Urban Lumber) (Standard Removal) 0" - 6" DSH $ $ 7" - 12" DSH $ $ 13" - 18" DSH $ $ 19" - 24" DSH $ $ 25" - 30" DSH $ $ 31" - 36" DSH $ $ Over 36" DSH $ $ Stump grinding per stump diameter inch at grade $ Tree Planting (Unit Cost shall include tree + planting + double staked with 2"lodge poles) 15 Gallon (tree + planting + double staked with 2" lodge poles) $ Pg. 3 Page 67 of 72 24 inch Box (tree + planting + double staked with 2" lodge poles) 36 inch Box (tree + planting + double staked with 3" lodge poles) 48 inch Box (tree + planting + double staked with 3" lodge poles) Fan Palm per foot BTH (brown trunk height) Fan Palm 10-30 feet BTH ATTACHMENT Tree Watering: Watering of young trees, water truck/operator-per day $ Emergency Services: Fully equipped 3 person crew called in for emergency service: During normal business hours $ After hours, weekends Wor holidays $ ISA Certified Arborist — per hour $ Om Page 68 of 72 ATTACHMENT Pg. 5 Page 69 of 72 ATTACHMENT DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. WK. Page 70 of 72 Page 71 of 72 ATTACHMENT Pg. 7 ATTACHMENT DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." L1 Page 72 of 72