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HomeMy WebLinkAboutStaff Report 298-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JULY 12, 2010 CMR:298:10 REPORT TYPE: CONSENT SUBJECT: Approval of a Contract with TruGreen LandCare for a Period of Three Years for Tree Maintenance Services with Funding for the First Year Approved in the not to Exceed Amount of 5280,000 and a Total Amount of 5840,000 for all Three Years RECOMMENDATION Staff recomlnends that Council approve and authorize the City Manager or his designee to execute the attached contract with TruOreen LandCare (Attachment A) for a period of three years, with funding in the not to exceed amount of $280,000 for the first year, not to exceed amount of $280,000 for the second year, and not to exceed amount of $280,000 in the third year for Tree Maintenance Services. BACKGROUND Contract tree m~ntenance work by area was started in FY 2000 and has provided a pro-active cycle of basic tree maintenance for the city. These area contracts have helped free up City tree maintenance personnel for the varied responsive work requests they perform including tree removals, tree plantings and tree pruning requests from other parts of the city not included in the current year's contract tree maintenance area. DISCUSSION Description of Services The work to be performed under the contract includes priority tree maintenance (pruning and removing) as identified by the updated Street Tree Inventory; routine pruning by area and city wide; tree removals; and storm damage cleanup. Two crews with trucks and equipment will be required each work day during the life of the contract. The International Society of Arboriculture (ISA) and American National Standards Institute (ANSI) standards for tree pruning are used as the pruning specifications for this contract. The contract specifies that each contract crew shall have one member that is an ISA -certified Arborist, Tree Worker or equivalent. In addition, the City provides a full time insp~tor for this project. A request for quotation for the services was posted at City Hall, and sent to or downloaded by 17 contractors. The bidding period was 29 days. Bids were received from 4 qualified contractors CMR:298:1O Page 10f3 on May 18, 2010, as listed on the attached bid summary (Attachment B). Bids ranged from a low of $70.00 per crew hour to a high bid of$150.00 per crew hour. ummarvo 1 ocess S fB·dPr Bid NamelNumber Tree Maintenance Services / RFQ 135385 Proposed Length of Project Up to 36 months Number of Bids Mailed to or 17 downloaded by Contractors Number of Bids Mailed to Builder's 0 Exchanges Total Days to Respond to Bid 29 Pre-Bid Meeting? Yes Number of Company Attendees at 9 Pre-Bid Meeting Number of Bids Received: 4 Bid Price Range From a low of $70.00 per crew hour to a high of $150.00 per crew hour. . *Bid summary proVided In Attachment B . Staff has reviewed all bids submitted and recommends that the bid of $70.00 per crew hour submitted by TruGreen LandCare be accepted and that TruGreen LandCare be declared the lowest responsible bidder. The bid is 30 percent below the staff estimate of $lOO.OO per crew hour. The contractor has stated that its experience on the previous project has shown that the bid is sustainable for the company and ensures that it will have work for its employees in the current economy. Staff confirmed with the Contractor's State License Board that the contractor has· a current and active license on file. The contractor has successfully completed numerous projects for the City, including, most recently, the FY 2009 Tree Maintenance Project and the FY 20lO Stump Removal Project. RESOURCE IMPACT Funds for this project are available in the Public Works Department Operations Division and Refuse Division operating budgets. For each additional year the contract is renewed, the contractor's hourly rate shall be adjusted by a percentage equal to the change in the Consumer Price Index for the San Francisco-Oakland­ San Jose area. In no event shall the contractor's compensation rate be increased by an amount exceeding five percent of the rate effective during the immediately preceding term. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(h) [maintenance of existing landscape]. CMR:298:1O Page 2 of3 ATTACHMENTS Attachment A: Contract Attachment B: Bid Summary PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:298:10 f_.· ~ 1\_..-.-. EU~ .. g ~Zl (,) -r----GLENNS.ROBERTS~ Director of Public Works Page 3 of3 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO.: C10135385 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the day of July, 2010, by and between the CITY OF PALO ALTO, a California Chartered Municipal Corporation ("CITY"), and TRUGREEN LANDCARE, a partnership, with offices located at 2000 Oakland Road, San Jose, CA 95131, Telephone Nwnber: 408-321-8733 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the Scope of Services, attached as Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: 181 "A" -Scope of Services 181 "B" -Schedule of Performance 181 "c" -Compensation 181 "D" -Insurance Requirements D "E" -Performance and/or Payment Bond (not required for this project) D ''F'' -Liquidated Damages (Not applicable to this project) CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITSARE ATTACHED. 3. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2013 inclusive, subject to the provisions of Section Q and V of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ );OR I'!l The sum of seventy dollars ($70.00) per hour, not to exceed a total maximum compensation amount of two hundred eighty thousand dollars ($280,000.00) per each contract year up to a maximum of three years; OR o A sum calculated in accordance with the fee schedule set forth in Exhibit C, not to exceed a total maximum compensation amount of dollars ($ ). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. The City has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY's request, shall submit a detailed written proposal including a description of the scope of 1 Rev. December 1, 2009 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFQ\RFQ135385 Tree Maintenance Setvices\Contract CI0135385 TRUGREEN LANDCARE.doc CITY OF PALO ALTO CONTRACTNO.: CI0135385 services, schedule, level of effort, and CONTRACTOR's proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed .the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. I 6. COMPENSATION DURING ADDmONAL TERMS. ['J CONTRACTOR'S compensation rates for each additional term shall be the same as the original terin; OR El CONTRACTOR's compensation rates shall be adjusted effective on the commencement of each Additional Tenn. The lump sum compensation amount, hourly rate;s, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the COnsumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San lose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR's compensation rates be increased by an amoUnt exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Eric Krebs, Public Works Department, 3201 East Bayshore Road, Palo Alto, CA 94303, Telephone: 650-496-6905. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed durihg the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS . A. ACCEPTANCE.' CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES:' and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR's representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in'accordance with generally accepted business practiCes and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing ot engaging all persons necessary to complete .. th~ work required 1.Ulder .this Agreem~nt. . D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. 2 Rev. December 1,2009 \\CC-TERRA \jarreol\PURCHDOC\sAP Bids and Proposals\RFQ\RFQ 135385 Tree Maintenance Services\Contract Cl 0135385 TR{,1GREEN LANDCARE.doc , , / I CITY OF PALO ALTO CONTRACT NO.: ClO135385 CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR's business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders .. G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR's performance of the Services. CITY may decline to approve and may withhold payment in whOle or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR's performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR's request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. ' H. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement.' CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further ,cost to CITY. The warranties set forth in this section shall be in effect for a period of .one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. I. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR's work is completed in a satisfactory manner and complies with the provisions of this Agreement. J. CITY'S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, c~lected, assembled, prepared, or caused to be prepared under this Agreement will become the ;property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. K. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment; CONTRACTOR's records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. . i L. NO IMPLIED WAIVER. No payment, partial payment, acceptance~ or partial acceptance by . CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. M. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best's Key rating of A-:VII or higher and which are otherwise acceptable to the City'S Risk Manager. The City's Risk Manager must approve deducnbles and "self-insuredretentions; In addition, all policies, endorsements, certificates andlor:bindersare .' subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating 3 Rev. December I, 2009 \\CC-TERRA \jarreo)\PUI.tCHDOC\sAP Bids and Proposa)s\RFQ\RFQ135385 Tree Maintenance Services\Contract Cl 0135385 TRUGREEN LANDCARE.doc CITY OF PALO ALTO CONTRACT NO.: C10135385 that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City's Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY's Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY's Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring. of such required· policies of insurance shall not operate to limit CONTRACTOR's liability or obligation to indemnify CITY under this Agreement. N. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section M relating to insurance, CONTRACTOR shall inderimify, defend and hold . harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of. any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense· costs, including, but not limited to reasonable attorney's fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. The CONTRACTOR's defense obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except· that the CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. O. NON.DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, .ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.51 0 pe~aining to nondiscrimination in employment. P. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, befo~e commencing and during the performance of the SerVices. Q. TERMINATION. The City Manager may temnnate this Agreement without cause by giving ten (10) days' prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perfonn any of its material obligations under this Agreement, in addition to all other .remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily perfonned up to the effective date of tertnhtation.· It the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to Contractor's failure to perfonn its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by . CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. . Such materials shall become the property of CITY. 4 Rev. December 1, 2009 \\CC-TERRA \jarreo\\PURCHDOC\SAP Bids and Proposals\RFQ\RFQ 135385 Tree Maintenance Services\Contract Cl 0 135385 TRUGREEN LANDCARE.doc CITY OF PALO ALTO CONTRACT NO.: ClO135385 R. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreemetit. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. S. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any fmancial interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. T. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. U. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. v. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. W. ENVIRONMENTALLY PREFERRED PURCHASING. CONTRACTOR shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department which are incorporated by reference and may be amended from time to . time. X. AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Y. CONTRACT TERMS: All unchecked boxes do not apply to this Contract. ADDITIONAL TERMS AND CONDITIONS UNDER TIllS CONTRACT: CONTRACTOR acknowledges the pending unrelated claims asserted against the CITY by residents identified as City Claim Nos. C08122 (for subrogation by State Farm Insurance Companies arising out of claims by Mike & Cheryl Piha) and C09010 (by Gideon and Bina Ben Efraim). CONTRACTOR and CITY have agreed to resolve the matters and are in the process of fmalizing the settlement paperwork. CONTRACTOR has previously agreed to indemnify the CITY for these claims. The validity of the present General Services Agreement is hereby expressly made subject to satisfaction of those settlement obligations by CONTRACTOR, which the parties agree is a condition precedent to the validity and enforceability of the present agreement. 5 Rev. December 1, 2009 \\CC-TERRA\jarreol\PURCHDOc\SAP Bids and Proposals\RFQ\RFQI35385 Tree Maintenance Services\Contract CI0135385 TRUGREEN LANDCARE.doc CITY OF PALO ALTO CONTRACT NO.: CI0135385 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. ! CITY OF PALO ALTO CONTRACTOR:£TRU~~ENLANDCARE f --..-/ 'f By \ Name lu.v\cQ"v C City Manager or Designee (Required on contracts $85,000 and over) Telephone: Purchasing Manager or Designee Approved as to form: Sr. Assistant City Attorney / 6 Rev. December 1, 2009 \\CC-TERRA \iarreol\PURCHDOc\sAP Bids and Proposals\RJ1Q\RFQI35385 Tree Maintenance Services\Contract CI 0 135385 TRUGREEN LANDCARE.doc EXHIBIT A TREE MAINTENANCE SERVICES CONTRACT C10135385 Contractor shall perform hourly tree maintenance work. The work ·will include routine pruning, hazardous tree removal and storm damage cleanup of City trees within the city limits of Palo Alto. All work shall be performed per the daily schedule provided by the Project Manag.er and shall be in accordance with the specifications and requirements set forth in Exhibit A. . Contractor shall provide\ the services based on an hourly rate for each two (2) person crew with aerial lift truck (55 feet working height and chipper body), disc chipper (minimum 12" capacity) and equipment to perform the work. Each crew shall include an ISA Certified Arborist, Certified Treeworker, or equivalent approved by the Project Manager, with a minimum of three (3) years current ornamental pruning experience. Each crew shall include one (1) climber. Contractor shall provide two (2) crews as specified above each day. Rev. 01/15/04 SCOPE OF WORK SECTION 01010 PART 1 1.01 A. 1.02 A. B. C. PART 2 PART 3 SUMMARY OF WORK ) GENERAL GENERAL CONDITIONS The General Conditions for this Request For Quotations (RFQ) shall be in accordance with the General Provisions of the City of Palo Alto Standard Drawings and Specifications. In case of conflict, the Project Specifications shall take precedence over the City of Palo Alto Standard Drawings and· Specifications. WORK COVERED BY CONTRACT The work of this Contract comprises the City of Palo Alto Tree Maintenance Services, Project Number 135385, located in Palo Alto, California. The work of this Contract includes, but is not limited to, priority tree maintenance (pruning and removing) as identified by the updated Street Tree Inventory; routine pruning; tree removals; and storm damage cleanup~. The work of this Contract includes, but is not limited to, the work of the following sections: 1. Section 01 025 ~ Measurement and Payment. 2. Section 01040 -Coorqination. 3. . Section 01200 ~ Project Meetings. 4. Section 01400 -Quality Cpntrol. 5. Section 01510 ~ Temporary Utilities. 6. Section 01540 -Security .. 7. Section 01570 -Traffic Control. 8. Section 02975 -Tree Maintenance Work. PRODUCTS (NOT USED) . EXECUTION (NOT USED) END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 1 of 1 SCOPE OF WORK SECTION 01025 PART 1 1.01 A. 1.02 A. B. 1.03 GENERAL SUMMARY MEASUREMENT AND PAYMENT Payment for the various items in the bid schedule, as further specified herein, shall include full compensation to the Contractor for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing the various items of Work as shown on the Plans and in the Specifications. Work not specifically set forth as a pay item in the Bidder's Bid proposal, but . called for in the Contract: Specifications or necessary to meet the requirements ofthis Contract, shall be considered a subsidiary obligation of the Contractor, and all costs in connection therewith shall be included in the Wd. . No separate payment will be made for any item that is not speciftcallyset forth in the bid schedule except by change order and all costs therefore shall be included in the prices named in the bid schedule for the various appurtenant items of work. All work not meeting the Contract Specifications, unless otherwise approved by the City, shall be reworked at the Contractor's expense. INVOICING The Contractor shall submit an invoice at the ana of each calendar month for all work fully completed during that month. The invoice shall identify each crew and specify hours Invqiced for each crew. The City will prqmptly rev~ew all invoices submitted by the Contractor. Any invoice· that the City determines is not proper will be returned to the Contractor with a written explanation of the reasons for the City's determination. Any invoice that is properly submitted and undisputed by the City will be processed for payment and will be paid in full; retention will not be withheld. CHANGE ORDERS CITY OF PALO ALTO RFQ 135385 P~ge 1 of3 , SCOPE OF WORK SECTION 01025 MEASUREMENT AND PAYMENT A. The City may require changes in, additions to, or deductions from the Work to be performed orthe materials to be furnished underthe Contract pursuant to the provi'sions of the Contract documents. PART 2 No change to the Work shall be made or extra work performed or deduction from the Work made unless in pursuance of a written Change Order from the City, and signed by the Project Manager stating that the change, addition, or deletion, or any combination thereof, is authorized. No claim for additional payment shall be considered unless so ordered. , Adjustment to the Contract Price by reason of a duly authorized Change Order will be determined on the basis of one or more of the following methods, at the option oNbe Project Manager: 1. On the basis of applicable and appropriate unit and/or hourly prices stipulated in the Contract. 2. On the basis of an acceptable lump sum proposal from the Contractor in response to a quotation request. 3. On the basis of actual necessary cost plus fifteen (15) percent to cover superintendence, general expense and profit, hereinafter referred to as "Force Account". Force account work, if ordered, shall be adjusted and certified daily on record sheets acceptable to the Project Manager and signed by both the Project Manager and the Contractor. Such daily report sheets shall thereafter be considered as the true record of force account work done. Actual necessary costs shall, include labor, equipment, and materials. Computation of labor costs shall include wages paid for workers including any employer payments of payroll taxes, workers compensation insurance, ,liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State Or local,laws. Equipment costs shall be on the basis of generally accepted rental schedules for the locality. Material costs shall be supported by a supplier's invoices. PRODUCTS (NOT USED) CITY OF PALO ALTO RFQ 135385 Page 2 of3 SCOPE OF WORK SECTION 01025 MEASUREMENT AND PAYMENT PART 3 EXECUTION 3.01 TREE MAINTENANCE WORK (BID ITEM 1) A. Measurement: This item will be measured on a per hour basis (to the nearest quarter hour) for each two (2) person crew. Time at the Municipal Service Center, landfill, job site(s) and travel time between job sites will be . measured. Travel time to and from Palo Alto will not be measured. Lunchtime will not be measured. 8. Payment: This item will be paid on a per hour basis (to the nearest quarter hour) for each two (2) person crew. A three (3) person crew, when approved and deemed appropriate by the Project Manager, will be paid at one and one-quarter times the rate of the two (2) person crew. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown on the Plans and in the Specifications. The City will not pay for non-productive time due to vehicle or equipment breakdowns, or lack of p(oper equipment to do the job. Overtime work shall only be authorized by the Project Manager. Contractor shall charge the City no more than the minimum overtime rate required by federal and state law. Emergency crews will be paid only for the hours worked on the job, not for "standby" time, outside the normal working hours. The City will pay up to one hour from the time of the call out to arrival at the work site .. END OF SECTION /~-. CITY OF PALO ALTO RFQ 135385 Page 30f3 SCOPE OF WORK . SECTION 01040 COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Hours of work. B. Daily schedule . . C. City representation. PART 2 PRODUCTS (NOT. USED) PART 3 EXECUTION 3.01 HOURS Of WORK A. The Contractor shall limit its operations to the hours between 8:00 a.m. and 4:00 p.m. and to the days of Monday through Friday. Crews shall be at the work site and ready to start work by 8:00 a.m. B. The Contractor shall not work on City holidays. City holidays are: . January 1 Third Monday in January Third Monday in February Last Monday in May July4 First Monday in September Second Monday in October November 11·' . Thanksgiving Day Day after Thanksgiving December 20-24 In the event that any of the forementioned holidays falls on a Sl,Inday, the following Monday shall be considered a holiday; In the event that any of the forementioned holidays falls on a Saturday. the preceding Friday shall be considered a holiday. CITY OF PALO ALTO RFQ 135385 Page 1 of2 SCOPE OF WORK SECTION 01040 3.02 COORDINATION DAILY SCHEDULE· A. The Contractor's project superintendent and the Contractor's crews shall report to the Project Manager at 8:00 a.m. each day at the Municipal Service Center, 3201 East Bayshore Road, Palo Alto or at a field location designated by the Project Manager. B. The Project Manager will provide a verbal or written work schedule each day. C. The Project Manager will determine when weather or other conditions prevent safe or efficient work operations. If work operations are canceled after the work day has started (8:00 a.m.) the Contractor will be credited with two (2) hours per crew or the actual hours worked, whichever is greater. D. The Contractor shall provide the City with hourly tree maintenance crews for emergency services after the normal work hours of 8:00 a.m. to 4:00 p.m. when requested by the Project Manager. The Contractor's project superintendent or project manager shall be responsible for coordinating these crews with the City's Project Manager. 3.03 .CITY REPRESENTATION 'A. The Project Manager will appoint an agent or an employee to represent him on the job site. Such representative,. acting within the scope of duties assigned, will provide the following services and assistance: 1. Coordination between Project Manager and Contractor. 2.· Review of the Contractor's performance of the Work . ... 3. Interpretation of the Plans, Specifications and Contract Documents. 4. Review of Contractor's progress payment estimates. END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 2 of2 SCOPE OF WORK SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 A. B. 1.02 A. SECTION INCLUDES Pre-construction conference. Monthly project meetings. MINUTES The Project Manager will compile minutes of the pre-construction conference and each monthly meeting and will distribute copies to the City and the Contractor .. 1.03 REPRESENTATION A. . Contractor representative(s) attending meetings shall be qualified and authorized to act on behalf of the Contractor. . . 1.04 SUBMITTALS A. The Contractor shall submit a list of personnel, their qualifications and . eqUipment to be used on this project to the Project Manager for review and approval seventy-two (72) hours before the pre-construction conference. The equipment list shall include mak~, model and year of vehicles; aerial lift height, chipper box capacity; tools and safety equipment for each crew. B. Contractor should also include on list above any specialized equipment and operators that would.be available for non-routine work. PART 3 EXECUTION 3.01 PRE-CONSTRUCTION CONFERENCE A. The Contractor and the Contractor's project superi"ntendent shall attend a pre-construction conference within twenty-one (21) calendar days after Award of Contract to discuss the scope of work and sequence of operations. B. The pre-construction conference will be held at the Public Works Operations CITY OF PALO ALTO RFQ 135385 Page 1 of 2 SCOPE OF WORK SECTION 01200 3.02 A. B. PROJECT MEETINGS office, Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto. . MONTHLY PROJECT MEETINGS The Contractor and the Contractor's project superintendent shall attend monthly project meetings and specially called meetings throughout progress of the Work. The monthly project meetings will be held at the Public Works Operations office, Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto or at field locations designated by the Project M.anager. END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 2 of2 SCOPE OF WORK SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A. Co.mpany requirerT!ents. B. Project Superintendent. C. Personnel and equipment requirements. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 1.01 COMPANY REQUIREMENTS A. Contractor shall have sufficient labor and equipment resources to perform the work of this project in a safe and efficient manner. B Contractor's local office shall be located within 100 miles and Contractor's yard shall be located within 25 miles of the Palo Alto city limits. C. Contractor shall possess a valid State of California contractor's license in Class C-27 (Landscaping) or C-61/D-49 (Tree Service). A contractor with a C-27 Landscaping contractor's license must have staff within the crews assigned to the City's project which are certified as required by the City. 1.02 PROJECT SUPERINTENDENT A. All work shall be performed under the supervision of the Contractor's thoroughly experienced and qualified Project Sup~rintendent who shall be on the Project site at all times. The Project Superintendent will be subject to the approval of the Project Manager. B. The person deSignated as Project Superintendent shall have direct charge of the Work and shall be authorized to accept and execute all orders and· directives issued by the Project Manager. The Project Superintendent shall be readily available for consultation with the Project Manager. CITY OF PALO ALTO RFQ 135385 Page 1 of2 SCOPE OF WORK SECTION 01400 QUALITY CONTROL. C. The Project Superintendent shall have a functioning cellular telephone immediately available during work hours and the telephone number shall be furnished to the Project Manager. . D. The Contractor shall not change its designated Project Superintendent without written notification to the City seventy-two (72) hours in advance. The Rew Project Superintendent will be subject to the approval ofthe Project Manager. E. Breach of these provisions may constitute just cause for suspension of the Work until a qualified and acceptable superintendent is assigned to the Project. 1.03 PERSONNEL AND EQUIPMENT REQUIREMENTS A. Each creW shall include an ISA Certified Arborist, Certified Treeworker, or equivalent approved by the Project Manager, with a minimum of three (3) years current ornamental pruning experience. B. Each crew shall include at least one climber. C. Personnel and equipment shall be qualified in accordance with all CalOSHA rules and regulations that apply to tree work. Personnel and equipment shall meet all requirements of CalOSHA that apply to tree work near overhead electrical conductors. D. Each crew shall be equipped with an aerial lift truck (55 feet working height and chipper body), disc chipper (minimum 12" capacity), chain saws, hand saws, pole pruners, pole saws, loppers, climbing and personal safety gear, traffic control signs and other equipment necessary to perform the work. E. Contractor shall provide three (3) crews each day. END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 2 of 2 SCOPE OF WORK . SECTION 01510 TEMPORARY UTILITIES· PART 1 GENERAL 1.01 SEOTION INCLUDES . A. Provide water facilities. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 PROVIDE WATER FACILITIES A. The Contractor shall provide and maintain adequate drinking water facilities at locations easily accessible to workers during working hours. B. The Contractor shall provide all water necessary for performing the work. C. The Contractor shall not use residential or business water services for any purpose.· END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 1 of 1 SCOPE OF WORK SECTION 01540· ", PART 1 1.01 A. B. C. D. PART 2 PART 3 3.01 A. 3.02 A. GENERAL SECTION'INCLUDES Job site safety. Protection of property .. Protection of utilities'. SECURITY. Site use and maintenance. PRODUCTS (NOT USED) EXECUTION JOB SITE SAFETY The Contractor shall be solely and completely' responsible for job site conditions and safety during the term of the Contract. This obligation shall include the safety of all persons within or affected by the line of construction and all public and private property affected by the Work. The .. Contractor's responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the Work by the City except that if the City should make partial acceptance of the Work, the Gontractor'~ responsibility for the portion of the Work so accepted shall thereupon cease, except for latent errors in the Work or faulty construction. The Contractor shall defend, indemnify, and hold harmless the City, its officers, consultants, agents and employees, and the Engineerfrom any and all liability, real or alleged, resulting from the Contractor's operations, " except for liability arising from the sole negligence of the City,et al. PROTECTION OF PROPERTY The Contractor shall be responsible for the protection of all improvements on both public and private property within and adjacent to the work area and . shall take all precautic;>ns necessary to prevent damage to such improvements. CITY OF PALO ALTO RFQ 135385 Page 1 of3 SCOPE OF WORK SECTION 01540 SECURITY The Contractor shall provide plywood and supports as needed to provide adeql!ate protection at designated sites. Contract crews shall take care in removing branches from private property to prevent damage to house siding, fences and gates. Limbs and trunk sections that cannot be easily controlled by hand shall be lowered by rope or cut into smaller pieces to prevent damage to . improvements. B. The Contractor shall report all damage to public and private improvements to the Project Manager on the day upon which the damage occurs. The Contractor shall notify the owner of damaged private improvements in writing the same·day. C. The Contractor shall repair or replace all damaged improvements in a manner satisfactorY to the Project Manager and any private property owner involved. The Contractor shall complete the repair or replacement, at Contractor's expense, within seventy-two (72) hours from the time damage occurs. D. Improvements shall include, but· not be limited to, turf, trees, vegetation, ,;pavements, irrigation systems, fences, and structures .. 3.03 PROTECTION OF UTILITIES A. The Contractor shall be respon~ible for the protection of all utilities on both public and private property within and adjacent to the work area and shall take all precautions necessary to prevent damage to such utilities. B. The Contractor shall report all damage to public and private utilities to the Project Manager and the respective utility company within one (1 ) hour of the time damage occurs. The Contractor shall notify the resident and owner of any property affected by a damaged utility within one (1) hour of the time damage occurs. . C. The City will repair City utilities.damaged by Contractor's operations. The cpst of repairs performed by the City will not be deducted from the Contract . . ... CITY OF PALO ALTO RFQ 135385 Page 2 of3 SCOPE OF WORK SECTION 01540 SECURITY price, bu~ shall be paid independently by the Contractor to the City. D. The Contractor shall repair or replace all nonwCity utilities damaged by its· . operations, at Contractor's expense. The Contractor shall complete repair or replacement ·of all essential utilities (including telephone, electrical, water and gas) the same day damage occurs. All other repair or replacement shall be completed within seventy-two (72) hours of the time damage occurs. . E. Utilities shall include, but not be limited to, water, gas, sanitary sewer, storm . drain system, electrical power, street lighting, traffic signals, signal detector loops, telephone, cable television and fiber optic. 3.04 SITE USE AND MAINTENANCE A. The Contractor shall clean the work area, at the end of each working day, to a condition at least equal to that which existed before the start of work. , . , B. The Contractor shall remove all equipment and materials from City property at the ·end of each working day, and at other times when the work is· suspended fqr any reason .. The Contractor shaU not use City property for the overnight storage of equipment and materials. C. The Contractor shall not use private property within the City limits of Palo Alto for the storage and staging of equipment arid materials without written agreement of the property owner. The Contractor shall submit a copy of the . agreement ~o the Project Manager. END OF SECTION ' .. ! CITY OF PALO ALTO RFQ 135385 Page 30f3 SCOPE .oF WORK SECTION 01570 TRAFFIC CONTROL \ PART 1 GENERAL 1.01 SECTION INCLUDES A. Provide traffic control. B. Post "No Parking" signs. 1.02 REFERENCES A. The current edition of the Standard Specifications of the Department of Transportation, State of California,· hereinafter referred to as the Caltrans Standard Specifications. B. The -current edition of the California Manual on Uniform Traffic Control Devices PART 6 -Temporary Traffic Control of the Department of Transportation, State of California, hereinafter referred to as the California .MUTCD. PART 2 PRODUCTS 2.01 TRAFFIC CONTROL DEVICES A.. Cones: 28" high and conforming to Section 12-3.10 of the Caltrans Standard Specifications. . B. Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with a Type A low intensity flashing warning light conforming to Section 6F.78 of the California MUTCD. C. Signs: Portable signs and bases conforming to Section 12-3.06 of the Caltrans Standard Specifications and Chapters 6F and 6H of the California MUTCD. Signs shall not be mounted on barricades or vehicles. D. Flashing Arrow Signs: Solar and/or battery powered and conforming to· Section 6F.56 of the California MUTeD. E. Flagger Equipment: Conforming to Chapter 6E and Section 6F.29 of the California MUTCD. CITY OF PALOAL TO RFQ 135385 Page 1 of 3 SCOPE OF WORK SECTION 01570 TRAFFIC CONTROL F. Tape: 3 inches wide, yellow vinyl barrier tape with black letters stating "Caution". G. "No Parking" signs: Furnished by the City. PART 3 EXECUTION 3.01 PROVIDE TRAFFIC CONTROL A. The Contractor shall provide traffic control .. for all operations and shall conduct all operations so as to cause the least possible obstruction and inconvenience to the general public and vehicle, bicycle and pedestrian traffic. B. The Contractor shall furnish, place and maintain all necessary traffic control devices during its operations in conformance with the applicable requirements of this section and the California MUTCD. . C. The Contractor shall notify the City of Palo Alto Police Department - Communication Division at (650) 329-2413 on a daily basis of significant traffic control measures. D. The Contractor shall use a flashing arrow sign for lane closures on multilane streets and shall restrict lane closures on multilane streets to the hours of 9:00 a.m. to 4:00 p.m. E. Specific traffic control procedures shall include, but not be limited to, the following: . 1. Partial street closure, maintain two-way traffic, provide fla9gers and . one traffic lane: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall be coned off, leaving a minimum width of twelve (12) feet open for traffic. The Contractor shall maintain two­ way traffic on this street by utilizing at least two flaggers. The fJaggers shall allow one direction of traffic at a time to travel in the one remainingtwelve.(12) foot lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. CITY OF PALO ALTO RFQ 135385 Page 2 of 3 SCOPE OF WORK SECTION 01570 3.02 A TRAFFIC CONTROL Cones shall be used to separate the traffic from the work zone. 2. Partial street closure, maintain two-way traffic, provide two traffic lanes: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall. be coned off, and two-way traffic shall be maintained at all times by dividing the remainder 9f the street into two twelve (12) foot wide traffic lanes. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. 3. Full lane closure on multilane street, maintain two-way traffic, provide two traffic lanes minimum: This type oftraffic control shall be used for lane closure on a multilane street extending either the full length or a portion of the length of a street. The lane shall be coned off, and a flashing arrow sign and cone taper used to shift traffic into the adjacent lane. Traffic contraJ signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. POST "NO PARKING' SIGNS The 'City will post "No Parking" signs as needed. END OF SECTION CITY OF PALO ALTO RFQ 135385 Page 3 of 3 SCOPE OF WORK TREE MAINTENANCE WORK PART 1 GENERAL 1.01 1.02 A. B. C. A. SECTION INCLUDES Pruning standards .. '. General pruning specifications . . Debris disposal. REFERENCES International Society of Arboriculture (ISA) P.O. Box 3129 Champaign, IL 61826 B. American National Standards Institute, Inc. (ANSI) 11 West 42nd Street New York, NY 10036 C. . Government Order 95 (2007) . California Public Utilities Commission D. Migratory Bird Treaty Act of 1918 PART 2 PRODUCTS 2.01 DISINFECTANT SECTION 02975 A. . Contact spray: Lysol or equivalent approved by the Project Manager. PART 3 . EXECUTION 3.01 PRUNING STANDARDS A. Pruning shall conform to th~ techniques and standards specified in the current edition of ANSI A300 (Tree, Shrub and Other Woody Plant Maintenance -Standard Practices). . B. Climbing spurs' shall not be used on any tree to be pruned except in an ( CITY OF PALO ALTO IFB 135385 Page 1 of4 SCOPE OF WORK SECTION 02975 TREE MAINTENANCE WORK emergency situation (such as aerial rescue) or upon written authorization of the Project Manager. C. Pruning tools shall be sterilized with disinfectant before and after pruning any elm tree. . D. Contractor shall adhere to all restrictions of the Migratory Bird Treaty Act of 1918 as they apply to the work of this contract. 3.02 GENERAL PRUNING SPECIFICATIONS A. General pruning specifications shall apply to all pruning work. S. Limbs that are too heavy to safely support their own weight, whether due to their length, diameter, a weak crotch or stru.ctural defect, shall be lightened by thinning the end weight or heading back the ends. Where possible, thinning is preferred over heading back. Conserve inner foliage as much as possible by thinning and shortening. C. Crossing or' crowded limbs or branches shall be thinned to improve the structure and symmetry of the canopy. D. Deadwood over 3/4 inch in diameter shall be removed. E. Final cuts six (6) inches or greater in diameter must be approved by the Project Manager. F. Structural defects, including weak crotches, splits, cracks, broken cables and decayed cavities, observed in a. tree shall be reported to the Project Manager. G. . Clearance of foliage shall be as follows: 1. Clearance over traffic lanes and bike lanes shall be a minimum of fourteen (14) feet above pavement level. 2. Clearance over private property shall be a minimum of ten (10) feet above ground level. Clearance from structures shall be a minimum of ten (10) feet, vertical and horizontal. CITY OF PALO ALTO IFB 135385 Page 2 of4 SCOPE OF WORK . SECTION 02975 TREE MAINTENANCE WORK 3. Clearance from street lights shall conform to Drawing A6. Clearance from traffic signals, traffic signs and stop signs shall provide adequate sight line distances to the signals or signs. 4. / Clearance from electric service drops is necessary only when vegetation is putting a noticeable strain or abrasion on the line, or as required by the Project Manager. H. pruning specifications for selected species (General Specifications A-G shall apply as well): 1; Liquidambar -Reduce end weight of side limbs by shortening them back to significant laterals. These pruning cuts shall not exceed three (3) inches in diameter. Superfluous leaders shall be removed or suppressed by heading back. 2. Sycamore -Heavy, long horizontal branches shall be headed back to a suitable lateral to prevent excessive end weights from growing. Crossing branches or areas of tangled foliage shall be thinned using small pruning cuts. 3. . Broadleaf Evergreen (Magnolia, Live Oak, Holly Oak, Camphor) -The canopy shall remain closed to shade the interior of the tree. Excessive vertical suckers shall be removed. Some heading or thinning may be necessary where end weights are too heavy. 4. Chinese Elm -Light~n heavy end weights and raise canopy by shortening ends back to significant laterals. Conserve inner foliage as much as possible. 5. Eucalyptus -Reduce heavy end weights by shortening ends back to significant laterals. Remove weakly attached sucker growth. 1\ Structural pruning of young trees shall conform to the section on training young trees in the International Society of Arboriculture Best Management Practices -Tree Pruning (2002). J. Ivy growing on tree limbs and trunks shall be removed to ground level and one (1) foot laterally from the trunk at ground level. Cutting shall be done with hand toqls and shall not damage the tree trunk. CITY OF PALO ALTO IFB 135385 Page 30f4 SCOPE OF WORK SECTION 02975 3.04 A. B. . C. D. E. F. TREE MAINTENANCE WORK DEBRIS DISPOSAL Contractor. shall comply with all Federal, State.and County regulations for pests, including, but not limited to, Sudden Oak Death (SOD) and Light Brown Apple. Moth. Contractor shall follow the Sudden Oak Death Guidelines for Arborists (California Oak Mortality Task Force, 2008) when working in SOD areas in order to limit the spread of this disease. . Chippers shall only be run at 15-20 minute intervals. To minimize offensive noise, chippers shall not be run continuously.' Debris resulting from tree maintenance work shall be sorted as chips and wood, and shall be removed from the work site daily~ The date for permanent closure of the Cityof Palo Alto Sanitary Landfill is uncertain at this time. If closure should occur during the life of the contract alternate disposal options within Palo Alto will be identified and will be made available to the Contractor at no charge. Clean chips shall be delivered to the compost area of the Palo Alto Sanitary Landfill or to other City facilities as directed by the Project Manager. Unchipped wood shall be cut into sections not to exc~ed eighteen (18) inches in any dimension and shall be disposed of as follows: 1. Wood requested by the resident shall be neatly stacked on the residerit's property. 2. Wood not requested by the resident shall be delivered to a specified area of the Palo Alto Sanitary Landfill. 3. All elm wood shall be delivered to a specified area of the Palo Alto Sanitary Landfill. 4. Unchipped palm fronds and/or trunk pieces shall be taken to the garbage area of the Palo Alto Sanitary Landfill. END OF SECTION -' CITY OF PALO ALTO IFB135385 Page 4 of 4 i . TREE TRIMMING FOR STREETLIGHTS . / ... :., ;-" . SIDE. VIEW /1 ~ ""' / J . / '~ .. . : . . . .. . '.... 0" t .·'0 ...- , // 0 ·:70.// .. -t 45 1 ••••• ,; ... ··/ . /..~."~.~.~'o~~... . ". . t·~··· . . . e: •• ~~. J .~ ..•.. ••.••• )i!.I 'J I J SID.EWALK SlDE I:STREET SIDE . I TOP VIEW' I I J I I .DrawingA6 j CITY OF PALO ALTO CONTRACT NO.: ClO135385 EXHIBITB SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services so as to complete each task within the time period specified below. The time to complete the scope of service may be increased or decreased by mutual written agreement of the project managers for CONTRACTOR and CITY so long as all work is completed within the term of the Agreement. Task 1. On-going Tree Maintenance S~rvice 1 Fora period of 3 Years Rev. December I, 2009 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposa)s\RFQ\RFQ 135385 Tree Maintenance Services\Contract Cl 0135385 TRUGREEN LANDCARE.doc ....... . EXHIBIT ~ .' BIDDER (COMPANy):_' _·:r-L....I-v...vq ...... 8..:c..,;r,{:>.clt'"""()'-<--....... Ua=n-"-=d-"c.a=·-"-~.....:t,~ ___ DATE: 511',1 (0. SPECIFICATIONS ~ND BIDDER BID PAGES *** REVISED *** SECTION III Bidder's Response and Acceptance In response to this Request for Quotations (RFQ), the undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are ~ose named herein; that this Bid i~ made without collusion with any other persori, firm or corporationj that the Bidder has carefully examined the specifications herein referred tOj and the Bidder proposes and agrees, if this Bid Is accepted, that the Bidder will contract with the City of Palo Alto (City), to provide all necessary materials and/or services, and furnish the specified requirements in this RFQ, in the manner herein prescrib~d and at the prices stated. . Proj~ct Title: Tree Maintenance Services; Request for Quotations (RFQ) number135385 Quotation Due Date: 3:00 p.m .. Tuesday, May 18, 2010. BID DESCRIPTION AND SCHEDULE· The City of Palo Alto is inviting bids for hourly tree maintenance work for a period of three years. The work will include, but not be limited to, priority tree maintenance (pruning and removing) as identified by the updated Street Tree Inventory; routine pruning; tree removals; and storm damage cleanup. The work of this project will be awarded as a not to exceed amount of $280,OOO.per contract year. The contract amount represents the funds available for the work and is not a guarantee of the actual expenditures. . Contractor shall bid an hourly rate for each two (2) person crew with aerial lift truck (55 feet working height and chipper body), disc chipper (minimum 12" capacity) and eqUipment to perform the. work. Each crew shall include an ISA Certified Arborist, Certified Treewor.ker, or equivalent approved by the Project Manager, with a minimum of three (3) years current ornamentEd pruning experience. Each crew shall include one (1) . climber. Contractor shall provide three crews as specified above each day. EST.CREW CREW ITEM HOURS PER DESCRIPTION, WITH HOURLY RATE IN WORDS HOURLY EXT. YEAR RATE AMOUNT 01 2,800 $ TO. of) $ "",000 Tree Maintenance Work by a two (2) person crew with equipment: (Hourly Rate in words: S'~'YlnJ 'DQllttu.:s ) Price Increases CONTRACTOR's compensation rates shall be. adjusted effective on the commencement of each Additional Term. The hourly rates as set forth above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. . Notwithstanding·the foregoing,irino everit shalftbNtRACfOR's compensatlon'rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement. CITY OF PALO ALTO RFQ 135385 *** ADDENDUM ONE *** PAGE 1 OF2 • ,'1 • I' BIDDER (COMPANY): :fVV\ GY'tLVl WVld Ca.rf...t DATE:_5_" -,-I ",-,11:.....!.J ....... JO=--_ SPECIFICATIONS AND BIDDER BID PAGES *** REVISED *** SECTION III . . Prices quoted above shall remain firm for each contract year period and shall include all applicable taxes, regulatory fees, and all transportation and delivery charges as necessary· to perform the requirements of thi.s RFQ. Pricing shall also include an allowance for fuel price increase during each contract year period. Req~ests for' price adjustments during each contract year period will not be allowed. Lowest Responsible Bidder The lowest bid shall be the lowest hourly rate per crew. This rate is being used for the purpose of determining the lowest respo!"sible bidder. The not-to-exceed amount of this agreement as specified is approximate and may be increased or decreased during the contract period, and no guarantee is implied that the exact amount will be available for the term of the agreement. Insurance The Bidder sha!' bear all costs and provide insuranqe a~ required by Section II, Insurance Requirements, herein. Signature must be the same as Signature in Section 1-Request for Quotation and Bidder Required Information. S~nabJre: 1te L $ CITY OF PALO ALTO RFQ 135385 *** ADDENDUM ONE *** PAGE 2 OF 2 I \ ! J CITY OF PALO ALTO CONTRACT NO.: ClO135385 EXHmITD INSURANCE REQUIREMENTS CONTRACTORS TO THB CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF TIlE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BBLOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A.:VII, OR mGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT'ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT~, EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGEBLANKBT CONTRACTUAL, AND FIRE LEGAL ,BODILY INJURY & PROPERTY $1,000,000 $1,000;000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, -EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE' $1,000,000 $1,000,000 NON-OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMIS~IONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST.AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT 'fIlE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS .SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTIO~ OF WORKER~' COMPENSATION, EMPLOYER'S LIABIT..ITY.AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGB MUST INCLUDE: A. APROVISION FOR A WRITIBN lliIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVBRAGE OR OF COVBRAGE CANCBLLATION; AND B. A CONTRACTUAL LIABILITY BNDORSEMENT PROVIDING INSURANCE COVBRAGE FOR CONTRACTOR'S AGREBMENT TO INDEMNIFY CITY. C. DBDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CBRTIFICATBS(S) OF INSURANCE EVIDENCING REQUIRED COVERAGB. ' , III. ENDORSEMENT-PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" 1 Rev. December I, 2009 \\CC-TERRA \jarreol\PURCHDOC\sAP Bids and Proposals\RFQ\RFQ 135385 Tree Maintenance Services\Contract Cl 0135385 TRUGREEN LANDCARE.doc " CITY OF PALO ALTO CONTRACT NO.: ClO135385 A. PRIMARY COVERAGE WITII RESPECT TO CLAIMS ARISING OUT OF TIlE OPERATIONS OF TIIE NAMED INSURED, INSURANCE AS AFFORDED BY 1HIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTIIER INSURANCE CARRIED BY OR FOR TIm BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY ~. TIIE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE; EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND TaB NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIIE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLiCY. C. NOTICE OF CANCELLATION 1. IF TIIE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE· FOR ANY' REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, TIIE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A 1H1RTY (30) DAY WRITTEN' NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. "" 2. IF TIIE POLIcY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CiTY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE·TIm EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P;O. BOX 10250 PALO ALTO, CA 94303 2 Rev. December 1, 2009 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFQ\RFQ135385 Tree Maintenance Services\Contract CI0135385 TRUGREEN LANDCARE.doc r Staff Estimate B i d Hourly Rate for I Description t Two-Person Crew e rr ~ Tree Maintenance Work $100.00 Tree Maintenance Services Project No. 135385 Bid Summary TruGreen Valley Crest Tree LandCare Care Services, Inc. - Hourly Rate for Hourly Rate for Two-Person Crew Two-Person Crew $70.00 $112.00 ATTACHMENTB The Professional Fallen Leaf Tree Tree Care Company Service, Inc. Hourly Rate for Hourly Rate for Two-Person Crew Two-Person Crew $120.00 $150.00 =