Resolution No. 2012-130RESOLUTION NO. 2012-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR URBAN FOREST MANAGEMENT SERVICES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified contractors to provide annual services for
the maintenance, removal, and replacement of trees as required, within
the City's Urban Forest; and
WHEREAS, the City has approximately 1,163 trees that
comprise its Urban Forest; and
WHEREAS, the qualified contractor will trim one-half of the
City's Urban Forest on an annual basis; and
WHEREAS, the Director of Community Services & Water is
seeking permission for the issuance of a request for proposals for
urban forest management services (the "RFP").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to issue in,
accordance with Vernon City Code Section 2.29-2, the RFP, a copy of
which is attached hereto as Exhibit A, to one or more qualified
contractors, and to report to the City Council on the proposals
received with a recommendation .for action.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 17th day of July, 2012.
Name: William J. Davis
Title: / Mayor Pro-Tem
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-130, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, July 17, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this I?- day of. July, 2012, at Vernon, California.
(SEAL)
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EXHIBIT A
City of Vernon
Request for Proposals (RFP)
For Urban Forest Management Services
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City of Vernon
Community Services Department
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
June 2012
I. INTRODUCTION AND PROJECT
The City of Vernon (City) is soliciting bids from qualified contractors capable of providing
annual services for the maintenance, removal, and replacement of trees, as required, within
the City's Urban Forest. The City has approximately 1,163 trees that comprise its Urban
Forest. The contractor will trim one-half of the City's Urban Forest on an annual basis.
The purpose of this RFP is to provide the City with the best possible tree care provider to
maintain the City's Urban Forest at a level expected by staff and the community. The
qualified firm will work closely with City staff to insure the most appropriate care and
maintenance of the City's Urban Forest with sensitivity to the industrial customers of
Vernon.
II. PROPOSAL SELECTION
The City reserves the right to accept or reject any and/or all Proposals, to waive irregularities and
technicalities, and to request resubmission. There is no obligation on the part of the City to award
the contract to the lowest. bidder. The City reserves the right to award the contract to the most
qualified bidder submitting a responsive Proposal with a resulting negotiated agreement which is
most advantageous and in the best interests of the City. The Bidding Schedule is set forth in
Attachment B. As part of the selection process, the City utilizes a Scoring Sheet to rate Proposals;
set forth in Attachment C. The Proposals will receive a score (rating) and be ranked from high to
low on the following criteria:
1. Cost (65 points) .
The score shall be calculated by taking the lowest contractor's annual or projected price
and dividing by the subject contractor's price than multiplying the results by the maximum
score.
2. References (10 points)
Three references shall be checked. The contractor shall receive:a maximum of 10/3 of a
point for each reference. Points may be deducted for contracts that have been terminated
and for references that fail to support contractors that have been terminated and for
references that fail to support contractors claim of capabilities, production, or skilled
personnel or services. A significant unacceptable weakness may result in a zero score. A
zero score in this category may result in rejection of the proposal as nonresponsive.
Experience (10 points)
Proposers or its managing employees must have a minimum of three years experience.
Failure to demonstrate minimum lengths of experience may results in rejection of the
Proposal. Higher points will be given to contractors who have provided like services to
similar agencies, other considerations include experience and capabilities of key personnel,
and subcontractors, if any.
4. Work Plan (15 points)
The score will be based on the extent in which the contractor demonstrates its
likeliness to meet or exceed performance requirements set forth in the scope of
work, including ability to render timely and responsive work, to respond to
emergencies, and to provide a professional level, of quality in the service and work
product provided. The highest scores will be awarded to the most detailed and
comprehensive work plans, including but not limited to specific discussion of
relevant work, staffing plans, quality assurance plans, schedules, management,
subcontracting, training, and communications.
III. PRUNING STANDARDS AND SPECIFICATIONS
All work shall conform to the Pruning Standards for the Western Chapter
ISA and these specifications. In all cases the City's representative shall have
complete and sole discretion in determining conformance and acceptability of
trees trimmed by the Contractor. Trimmed trees rejected by the City's
representative shall be excluded from payment.
2. The Contractor shall comply with Standards of CAL OSHA and the American
National Standard Institute Z133 Safety Requirements.
3. The Contractor shall provide and post "No Parking" signs 72-hours in advance of
the work.
4. The Contractor shall maintain good public relations at all times. The work shall be
conducted in a manner, which will cause the least possible interference and
annoyance to the City's customers. Work shall be performed by competent
employees and supervised by an English-speaking supervisor experienced
in tree maintenance operations. The Contractor shall be responsible for advance
notification of City customers at each work location of the intended tree
operations. The Contractor shall be responsible to see that private property and
vehicles at work locations are not endangered or damaged during the course
of work.
5. The Contractor shall exercise precautions as necessary when working adjacent to
aerial and subterranean utilities. In the event that aerial utility wires present a
hazard to the contractor's personnel or others near.the work site, work is to
immediately cease and the appropriate utility company notified. Work shall
resume in accordance with instructions from the utility company. In the event
that work requires excavation, the Contractor is responsible for appropriate
notification of Underground Service Alert (USA).
6. No hooks, gaffs or spurs will be used by anyone employed for trimming. Any vine
plant growing on the trees shall be removed at ground level.
7. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a
manner to promote fast callus growth.
8. Unless otherwise provided, trees are to be trimmed block by block, subject to the
instructions of the Director of Community Services and Water or his authorized
representative.
9. The Contractor shall maintain at least one (1) bilingual English and Spanish
speaking foreman on -site at all times.
10. After trimming fungus, disease or fire blight infected limbs or fronds, all pruning
tools shall be cleaned after each cut with alcohol or bleach.
11. Topping shall not be done without prior approval of the City.
IV. SPECIFICATIONS FOR "STREET TREE TRIMMING"
The City's entire inventory of Indian Laurel Trees (approximately 243) will be
trimmed annually. The remaining inventory of trees will be trimmed at the City's
discretion. Please see Attachment B.
2. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The
trimming shall provide a symmetrical shape and have an aesthetically pleasing
appearance. In addition, tree shall be trimmed to provide a minimum clearance
of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees
shall also be trimmed to remove any obstruction around traffic control devices,
traffic signs and street lights. Additional trimming shall be performed to mitigate
any extreme effect of the clearance trimming and provide an aesthetic
appearance.
The specific techniques employed shall be consistent with industry practice for the
size and species of tree being trimmed. All dead, broken, damaged, diseased or
insect infested limbs shall be removed at the trunk or main branch. All cuts shall be
made sufficiently close, within % inch, to the parent stem so that healing can readily
start under normal conditions. All limbs 2" or greater shall be undercut to prevent
splitting. The remaining limbs and branches shall not be split or broken at the cut.
All crossed or rubbing limbs shall be removed unless removal will result in large
gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to
distribute the foliage evenly.
V. SPECIFICATIONS FOR "TREE REMOVAL"
1. The City inspector shall mark the trees to be removed with orange paint around the
tree trunk. Only marked trees shall be removed by the Contractor.
2. Trees shall be felled in a manner consistent with industry practice with the primary
emphasis on public safety and the protection of adjacent property.
3. Stumps shall be completely removed to allow replacement trees to be planted.
4. The Contractor shall be responsible for contacting Under Ground Service Alert
(USA) 1-800-422-4133 for locating underground utilities prior to stumping
operations.
VI. SPECIFICATIONS FOR "ROOT PRUNING"
Root pruning work will be specified on work orders issued to the Contractor with
specific street address and location, the work order will also identify whether the
root pruning is along the side walk or curb or both.
2. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or
other improvement. Root pruning cuts shall be four inches (4") wide, sixteen
inches (16") deep as measured from the top of sidewalk, curb or adjacent
improvement and extend eight feet (8') in each direction from the centerline of
the tree (16' total length).
3. Root pruning equipment shall be designed specifically for this purpose with cutting
teeth adequately sharpened to sever roots in a clean consistent manner. Equipment
will have padded tracks or rubber tires to prevent scraping or marking sidewalks.
4. All cuts shall be backfilled immediately upon completion of root pruning at each
location. Backfill material shall consist of dirt and/or mulch from root pruning
and shall be free of rocks. All debris generated by these operations shall be
immediately removed from site and properly disposed of outside the right-of-way.
VII. SPECIFICATIONS FOR "PLANTING"
Tree planting shall in accordance with the City of Vernon Standard Tree Planting: Standard
Plan MV 1891 (Attachment F). A warranty period one year shall apply to all newly planted
trees. The contractor shall be required to water newly planted trees for the duration of
the warranty period. The contractor shall replace, at no cost to the City, any trees that do
not survive the warranty period.
VIII. SPECIFICATIONS FOR " EMERGENCY / ON CALL WORK"
1. The Contractor shall be required to provide emergency/on call response to hanging
limbs, wind damaged or downed trees twenty four hours (24) per day, seven days
(7) a week. The Contractor will be notified by telephone as to specific work
locations by an authorized City representative. The Contractor shall be required to
start work within ninety (90) minutes of the initial telephone call and report
back to the City representative when the work is completed.
2. The Contractor is required to provide 24-hour emergency names and phone
numbers of a minimum of two (2) contact individuals within one (1) week of
contract award. If the phone number or contact person change during the course of
the contract, those changes must be provided to the City.
3. The Contractor shall provide all traffic control required during his emergency
operations. If the work involves any high voltage lines the Contractor shall be
required to notify the responsible utility company.
4. Work performed under the emergency provision of this contract shall be paid for on
a per -crew -hour basis. This shall include all labor, tools, equipment, disposal fees
and materials necessary for doing emergency work.
IX. SCHEDULE OF WORK AND HOURS OF OPERATION
The Contractor will be required to begin work within fifteen (15) working days of
contract award. The Contractor shall, before beginning, submit and receive
approval of a weekly work schedule indicating the order and location of work.
2. The general hours of operations shall be 6:30 a.m. to 5:00 p.m. The days of
operation shall be Monday through Thursday. No work shall be performed
on Fridays, Saturday or Sunday except in case of emergencies or unless
authorized by the City.
X. CLEAN UP
The Contractor shall clean all job sites when work is completed, including raking
leaves, twigs, etc. from parkways and streets.
2. Each day's scheduled work shall be completed and cleaned up and under no
circumstances shall any brush, leaves, debris or equipment be left on the street
overnight. The Contractor's equipment may be stored overnight, with advance
approval, in the City Yard; however, the City will not be responsible for
security of Contractor's equipment.
3. Brush and debris shall be removed, sidewalks swept, parkways and gutters raked
out and cleaned upon completion of work.
4. The Director of Community Services and Water or his authorized representative
shall be the sole judge as to the adequacy of the clean up.
XI. DISPOSAL OF MATERIALS
1 "
All tree branches produced as a result of the Contractor's operations will be reduced and
reused as recycled materials. The Contractor shall be responsible for the proper disposal of
related materials. The Contractor shall provide the City with diversion totals.
The Director of Community Services and Water or his representative shall at all times have
access to the work and full knowledge of the process, workmanship and character of
materials and equipment used in the work. The inspection of the work shall not relieve the
contractor of any obligation to fulfill the contract and/or complete the project described.
Defective work shall be made good notwithstanding the fact that such defective work
may have previously been overlooked by the Director of community Services and
Water or his representative and accepted payment.
XIII. BROCHURES
1. The Contractor will provide brochures to adjacent businesses that are acceptable to
the Director of Community Services and Water to describe the tree maintenance
process. The brochures are to be readily accessible to. City of Vernon industrial
customers. Sample brochures must be included with the bid submittal. Brochures
shall be distributed at least 24-hours prior to tree trimming activities.
2. Public notice of the Tree Maintenance Program will be supplied by the Contractor
with final approval by the Director of Community Services and Water or his
representative.
XIV. TREE INVENTORY RECORD KEEPING SYSTEM
The contractor will provide the City with a record keeping system consisting of a software
program that allows the City to maintain information about its tree population, including
work history and service request information, tree and planting location, maintenance
requirements and species name.
XV.
XVI.
The contractor will collect an entire tree inventory of the city. The data will be collected by
address and include tree species, diameter at breast height (dbh), crown, height, variety
(Botanical and Common), condition and appropriate data requested by the Director of
Community Services and Water.
The contractor is to supply representative pictures "before and after" trimming that are
suitable for reproduction when requested by the City.
XVII. SAFETY
The Contractor shall conform to all City of Vernon Traffic Safety requirements and
operating rules at all times.
2. The Contractor will be responsible for supplying and using all safety equipment
necessary to close or delineate traffic lanes to through traffic. All traffic safety
equipment must be approved by the City.
A traffic control plan will be submitted to the Director of Community Services and
Water ten (10) days before the start of any work.
Illumination arrow boards, sign stands, delineators and/or cones shall be used to
identify the work site for vehicular and pedestrian safety.
XVIII. FORM OF CONTRACT
The City's standard form of contract shall be used, and includes other provisions not
described here. A standard professional service contract is attached for reference
(Attachment A). Please review this very carefully and note.in body of response any
exceptions or alterations to the agreement. Alterations or Changes to the agreement which
were not in the Janitorial Firm's response will not be made after the selection of the
Janitorial Firm. This includes alterations, exceptions, or changes to the insurance and
indemnity provisions. By requiring these requests up front, the City can compare all
respondents on an equal footing.
XIX. JOB WALK
A Job Walk will be held on Tuesday, June 10, 2012 at 10:00 AM. Please contact Scott Rigg for
further details.
XX. PROPOSAL SUBMITTAL
The Proposal and fees shall be submitted to Samuel Kevin Wilson, Director of Community Services,
4305 Santa Fe Avenue, Vernon, CA 90058, no later than 2:00 P.M. on Tuesday, June 17, 2012. The
contractor shall submit four (4) copies of the subject proposal and fee schedule. The fee schedule
shall be submitted in a separate sealed envelope.
XXI. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents time to
address such changes. Addenda, changes, and amendments, if made, will be posted on the
City's website (www.cityofvemon.org), which is deemed adequate notice. A Proposer may
make a request to the City's project coordinator to be placed on a list of persons to receive
notice of any such addenda, changes, or amendments. The preferred manner of
communications is via e-mail due to its timeliness.
XXII. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship between the
respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers qualified
as prime contractors, or award a contract to any respondent. The City reserves the
right to amend or cancel this RFP without prior notice, at any time, at its sole
discretion.
C. The City shall not be liable for any expenses incurred by any organization in
connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the City
shall affect or modify any terms of this RFP. Oral communications or any
written/e-mail materials provided by any person other than designated contact staff
of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or all
Proposals without prior notice and to waive any minor irregularities or defects in a
Proposal. The City reserves the right to seek clarification on a Proposal with any
source.
F. The dates, times, and sequence of events related to this RFP shall ultimately be
determined by the City. The schedule shown above is subject to change, at the sole
discretion of the City, although the City will attempt to follow it and, if it must be
altered, will attempt to provide reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the City
without prior written approval of the City.
H. All submitted proposals and information included therein or attached thereto shall
become public record upon delivery to the Community Services Department.
XXIII. LIVING WAGE ORDINANCE
The selected contractor shall pay qualifying employees a wage of no less than $10.30 per
hour with health benefits, or $11.55 per hour without health benefits. Employers shall also
provide qualifying employees at least twelve compensated days off per year for sick leave,
vacation, or personnel necessity, and an additional ten days a year of uncompensated time
for sick leave. In addition, the employer shall not retaliate against employees complaining
to the City with regard to consultant's compliance with the Living Wage Ordinance.
Employees may bring action in Superior Court against an employer for back pay, treble
damages for willful violations, and attorney's fees, or to compel City officials to terminate
the service contract of violating employers.
XIV. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
XV. CITY OF VERNON'S PROTEST POLICY IS REFLECTED IN ATTACHMENT E
XVI. ATTACHMENTS
Attachment A: Sample Services Agreement
2. Attachment B: Proposed Bidding Schedule
3. Attachment C: City of Vernon Tree Inventory
4. Attachment D: City of Vernon Contractor RFP Scoring Sheet
Attachment E: City of Vernon Protest Policy
6. Attachment F: City of Vernon Standard Tree Planting: Standard Plan MV 1891
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ATTACHMENT A
SAMPLE SERVICES AGREEMENT
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
COVER PAGE
Contractor:
[insert name of contractor]
Responsible Principal of Contractor:
[insert name, title]
Notice Information - Contractor:
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 583-8811 ext. [insert]
Facsimile: [insert fax number]
Commencement Date:
[insert commencement date]
Termination Date:
[insert termination date], unless extended
pursuant to Section 1
Consideration:
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B'
Records Retention Period
[insert number of years contractor must
retain records]
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
THIS AGREEMENT is made and entered into as of ("Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor"). City and
Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as
Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its.
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation; all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
3
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
3
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods; privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
H. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and. all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City; and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
11
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal, injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required. by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and. effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain and keep in full force and effect, a policy or policies of Pollution Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
7
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
Q) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code 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 Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as `the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications:' The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Waae and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
0
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay.
Living Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Assianment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or,
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. Attorneys Fees. In the event a dispute,,claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 28. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 29. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 31. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either,
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City' or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
10
Section 36. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 37. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or .
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
111
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
13
Mayor / Mayor Pro-Tem
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Title:
12
EXHIBIT A
SCOPE OF SERVICES
13
FEES
[Example (Delete and replace actual terms)]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms)]
[Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.]
[Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.]
14
EXHIBIT C
CHANGE ORDER
15
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
16
ATTACHMENT B
PROPOSED BIDDING SCHEDULE —TREE TRIMMING
Trim Indian Laurel trees annually. Remaining inventory shall be trimmed annually at the
City of Vernon's discretion.
ITEM
QUANITY
UNIT PRICE
TOTAL
PRICE
Indian Laurel
243
$
$
Remaining Inventor
339
$
$
Grand Total Annual
Cost
ADDITIONAL SERVICES - TRIMMING
ITEM
QUANITY
UNIT PRICE
TOTAL PRICE
Carrot Wood
343
$
$
Indian Laurel
243
$
$
Lemon Bottlebrush
145
$
$
Ornamental Pear
84
$
$
Evergreen Pear
60
$
$
Crape Myrtle
58
$
$
American Sweetgum
57
$
$
Water Gum
30
$
$
Eastern Redbud
25
$
$
Sweet Shade
25
$
$
Firewheel Tree
23
$
$
Hong Kong Orchid Tree
11
$
$
Mexican Fan Palm
10
$
$
Miscellaneous Species
49
$
$
ADDITIONAL SERVICES
ITEM 1:
Complete Tree & Stump Removal:
Cost (Per Tree):
ITEM 2:
Stump Removal:
Cost (Per Tree):
ITEM 3:
Root Pruning:
Cost (Each):
ITEM 4:
Tree Planting: 15 gallon with root barrier:
Cost (Each):
ITEM 5:
Tree Planting: 15 gallon without root barrier:
Cost (Each):
ITEM 6:
Tree Planting: 24 inch box with root barrier:
Cost (Each):
ITEM 7:
Tree Planting: 24 inch box without root barrier:
Cost (Each):
ITEM 8:
Watering:
Cost (Day):
ITEM 9:
Crew Rental — 3 men, aerial unit, dump truck and chipper:
Cost (Hour):
ITEM 10:
Emergency Work Call Out — 3 men, aerial unit, dump truck and chipper:
Cost (Hour):
2
ITEM 11: Tree Inventory and Record Keeping System:
Cost (Annually):
In addition to the Bidding Schedule, the contractor shall provide a rate schedule for labor.and
equipment, and provide mark-up rates for materials.
All work shall be performed on a time and materials basis; in accordance with the rate schedule
provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to
separately bid any required work.
Submitted by:
Address:
Signature:
3
ATTACHMENT C
City of Vernon
Botanical Name
Common Name
Cupaniopsis anacardioides
CARROTWOOD
Ficus microcarpa 'Nitida'
INDIAN LAUREL FIG
Callistemon citrinus
LEMON BOTTLEBRUSH
Pyrus calleryana
ORNAMENTAL PEAR
Pyrus kawakamii
EVERGREEN PEAR
Lagerstroemia indica
CRAPE MYRTLE
Liquidambar styrariflua
AMERICAN SWEETGUM
Tristania launna
WATER GUM
Cercis canadensis
- EASTERN REDBUD -
Hymenosporum Bavum
SWEETSHADE
Stenocarpus sinuatus
FIREWHEEL TREE
Bauhinla blakeana -
HONG KONG ORCHID TREE
Washingtonia robusta -
MEXICAN FAN PALM
Phoenix rupicola
CLIFF DATE PALM
Brachychiton populneus
BOTTLE TREE
Dead Tree
DEAD TREE
Pinus torreyana
TORREY PINE
Ficus benjamina
WEEPING FIG
Pinus brutia .
CALABRIAN PINE
Lophostemon confertus
BRISBANE-BOX
Ficus spp.
FIG
Washingtonia filifera
CALIFORNIA FAN PALM
Bauhinla variegata
PURPLE ORCHID TREE
Callistemon viminalis
WEEPING BOTTLEBRUSH
Eucalyptus polyanthemos
- - SILVER DOLLAR GUM
Eucalyptus spp.
EUCALYPTUS
Fraxinus uhdei
SHAMEL ASH
Other tree
OTHER TREE
Phoenix canarensis.
CANARY ISLAND DATE PALM
Platanus occidentalis
AMERICAN SYCAMORE
Non Species:
Vacant site VACANT SITE
Stump STUMP
Total
343
243
145
84
60
58,E
57
30
25
25
23
11
10
6
6
6
4
4
3
2
2
1
1
1
1
1
1
1
1
Total: 1;163
482
1
Total: 483
Grand Total: 1,646
Page 1 of 2
ATTACHMENT D
CITY OF VERNON CONTRACTOR RFP SCORING SHEET
RFP Title:
Contractor:
Evaluator:
Selection Criteria
Date:
(a) (b)
Criteria Maximum Score Score
1. Costs 65
Score shall be calculated by taking the lowest contractors annual
or project price and dividing by the subject contractor's price than
multiplying the result by the maximum score.
2. References 10
Three references shall be checked. Contractor shall receive a
maximum of 10/3 of a point for each reference. Points may be
deducted for contracts that have been terminated and for references
that fail to support contractors claim of capabilities, production, or
skilled personnel or services. A significant unacceptable weakness
may result in a zero score. A zero score in this category may result in
rejection of the proposal as nonresponsive.
3. Experience 10'
Proposers or its managing employees must have a minimum of three
years experience. Failure to demonstrate minimum lengths of
experience may result in rejection of the proposal. Higher points will
be given to contractors who have provided like services to similar
agencies, other considerations include experience and capabilities of
key personnel, and subcontractors, if any.
4. Work Plan 15
Score will be based on the extent in which the contractor demonstrates
its likeliness to meet or exceed performance requirements set forth in
the scope of work, including ability to render timely and responsive
work, to respond to emergencies, and to provide a professional level
of quality in the service and work product provided. Highest scores will
be awarded to the most detailed and comprehensive work plans, including
z
ATTACHMENT E
CITY OF VERNON'S PROTEST POLICY
A. Protest Policy Review Process
l: Any prospective Proposer may request a review of the requirements under a solicitation for a
City Council -approved services Contract, as described in paragraph C, Solicitation
Requirements Review, below. Any Proposer may request a review of a disqualification or of
a proposed Contract award under such a solicitation, as described respectively in Sections
below. Additionally, any Proposer may obtain copies of proposals and City evaluation
documents in accordance with the City's Public Records request policy once the document .
becomes a public record. Under any such review; it is the responsibility of the Proposer
challenging the decision of City to demonstrate that the City committed a sufficiently
material error in the solicitation process to justify invalidation of a solicitation or a proposed
Contract award as the case may be:
2. Throughout the review process, the City has no obligation to delay or otherwise postpone
an award of Contract based on a Proposer protest. In all cases, the City reserves the right to
make an award when it is determined to be in the best interest of the City of Vernon to do so.
B. Grounds for Review
Unless State or Federal statutes or regulations otherwise provide, the grounds for review are
limited to the following:
• Review of the Solicitation Requirements;
• Review of a Disqualified Bid/Proposal; and
• Review of the Proposed Contractor Selection.
C. Solicitation Requirements Review
Any person or entity may seek a Solicitation Requirements Review by submitting a written
request for review to the City as described in this Paragraph. A Request for a Solicitation
Requirements Review may be denied, in the City's sole discretion, if the request does not
satisfy all of the following criteria:
1. The request for a Solicitation Requirements Review is made within ten (10) business
days of the issuance of the solicitation document.
2. The request for a Solicitation Requirements Review includes documentation, which
demonstrates the underlying ability of the person or entity to submit a proposal.
3. The request for a Solicitation Requirements Review itemizes in appropriate detail, each
matter contested and factual reasons for the requested review.
4. The request for a Solicitation Requirements Review asserts either that:
a. Application of the minimum requirements, evaluation criteria and/or business
requirements unfairly disadvantages the person or entity; or,
b. Due to unclear instructions, the process may result in the City not receiving the
best possible responses from prospective Proposers.
5. The Solicitation Requirements Review will be completed and City's determination will
be provided to the requesting person or entity, in writing, within a reasonable time prior
to the bid/proposal due date.
D. Place to Submit Requests for Review
All Requests for Review shall be submitted to the City Clerk.
E. Disqualification Review
1. A bid/proposal may be disqualified from consideration because the City determined it
was nonresponsive at any time during the review/evaluation process. If the City
determines that a bid/proposal is disqualified due to non -responsiveness, the City shall
notify the Proposer in writing.
2. Upon receipt of the written determination of non -responsiveness, the Proposer may
submit a written request for a Disqualification Review within the timeframe specified in
the written determination:
3. A request for a Disqualification Review may, in the City's sole discretion, be denied if
the request does not satisfy all of the following criteria:
a. The person or entity requesting a Disqualification Review is a Proposer.
b. The request for a Disqualification Review is submitted timely (i.e., by the date and
time specified in the written determination).
c. The request for. a Disqualification Review asserts that the determination of
disqualification due to bid/proposal non -responsiveness was erroneous (e.g., factual
errors, etc.) and provides factual support on each ground asserted as well as copies
of all documents and other material that support the assertions.
4. " The Disqualification Review shall be completed and the determination shall be provided
to the requesting Proposer, in writing, prior to the conclusion of the evaluation process.
2
F. Debriefing Process
For solicitations where proposals are evaluated and scored in accordance to, Evaluation of
Proposals, the following provisions shall apply:
1. Upon completion of the evaluation, City will notify the remaining Proposers in writing
that the City is entering negotiations with another Proposer. Upon receipt of the letter,
any non -selected Proposer may submit a written request for a. Debriefing within the
timeframe specified in the letter. A request for a Debriefing may, in the City's sole
discretion, be denied if the request is not received within the specified timeframe.
2. The purpose of the Debriefing is to compare the requesting Proposer's response to the
solicitation document with the evaluation document. The requesting Proposer shall be
debriefed only on its response. Because Contract negotiations are not yet complete,
responses from. other Proposers shall not be discussed, although the City may inform the
requesting Proposer of its relative ranking.
3. During or following the Debriefing, the City will instruct the requesting Proposer of the
manner and timeframe in which the requesting Proposer must notify the City of its intent
to request a Proposed Contractor Selection Review, below, if the requesting Proposer is
not satisfied with the results of the Debriefing.
G. Pronosed Contractor Selection Review
Any Proposer that has timely submitted a notice of its intent to request a Proposed Contractor
Selection Review as described in paragraph F, above, may submit a written request for a
Proposed Contractor Selection Review in the manner and timeframe as specified by the City.
For low -bid solicitations, where applicable, upon selection of the lowest -cost, responsive, and
responsible bidder, the City will notify the remaining bidders in writing that the City is
entering negotiations with another bidder. The City will instruct the remaining bidders of the
manner and timeframe in which each remaining bidder must notify the City of its intent to
request a Proposed Contractor Selection Review, should such remaining bidder desire to have
such a review performed.
A request for a Proposed Contractor Selection Review may, in the City's sole discretion, be
denied if the request does not satisfy all of the following criteria:
L The person or entity requesting a Proposed Contractor Selection Review is a Proposer.
2. The request for a Proposed Contractor Selection Review is submitted timely (i.e., by the
date and time specified by the City).
3. The person or entity requesting a Proposed Contractor Selection Review asserts in
appropriate detail with factual reasons one or more of the following grounds for review:
a. The City materially failed to follow procedures specified in its solicitation document.
This includes:
3
H.
i. Failure to correctly apply the standards for reviewing the proposal format
requirements.
ii. Failure to correctly apply the standards, and/or follow the prescribed
methods, for evaluating the proposals as specified in the solicitation
document.
iii. Use of evaluation criteria that were different from the evaluation criteria
disclosed in the solicitation document.
b. The City made identifiable mathematical or other errors in evaluating
bids/proposals, resulting in the Proposer receiving an incorrect score and not being
selected as the recommended Contractor.
C. For applicable solicitations where responses are evaluated and scored, a member
of the Evaluation Committee demonstrated bias in the conduct of the evaluation.
d. Another basis for review as provided by State or Federal law.
4. The request for a Proposed Contractor Selection Review sets forth sufficient
detail to demonstrate that, but for the City's alleged failure, the Proposer would
have been the lowest -cost, responsive, and responsible bid or the highest -scored
proposal, as the case may be. Upon completing the Proposed Contractor
Selection Review, the City's representative shall issue a written decision to the
Proposer within a reasonable time following receipt of the request for a Proposed
Contractor Selection Review, and always before the date the Contract award
recommendation is to be heard by the City Council. The written decision shall
additionally instruct the Proposer of the manner and timeframe for requesting a
review by a City Review Panel, paragraph H, below.
City Review Panel Process
1. Any Proposer that is. not satisfied with the results of the Proposed Contractor
Selection Review may submit a written request for review by a City Review Panel in the
manner and timeframe specified by the City in the City's written decision regarding the
Proposed Contractor Selection Review.
2. A request for review by a City Review Panel may, in the City's sole discretion, be denied
if the request does not satisfy all of the following criteria:
a. The person or entity requesting review by a City Review Panel is a Proposer. .
b. The request for a review by a City Review Panel is submitted timely (i.e., by the
date and time specified by the City).
c. The person or entity requesting review by a City Review Panel has limited the
request to items raised in the Proposed Contractor Selection Review and new
items that (a) arise from the City's written decision and (b) are one of the
4
appropriate grounds for requesting a Proposed Contractor Selection Review as
listed in paragraph G above.
3. Upon completion of the City Review Panel's review, the Panel will forward its report
to the Director of the Departments' that solicited the proposal, which will provide
a copy to the Proposer.
5
ATTACHMENT F
I
SIDEWALK vC�
3-0'
MIN..15 GAL TREE
BASIN
RUBBER TREE.TIE
(OR EQUIV.) FIGURE & STYLE
RE
2'%B' MIN. LODGEPOLE
PINE STAKE (OR EQUIV.)
PVC PIPE
6' SIDEWALK GRADE 11
PLAN VIEW
NOTES:
� � � I�.i• I III :,.� ."�
6' OF 1/4' GRAVEL MIN. 2" PLANTING MIXA77!rW
23'
r '+I
SIDE VIEW
I. TREE SHALL BE IN 15 GALLON CONTAINER AND HAVE MINIMUM DIMENSIONS OF 8 FT HIGH,
3 FT WIDE AT THE HEAD AND A TRUNK OF 1 INCH.
2. TREE SPACING 100' OR PER CRY ENGINEER'S DIRECTION. -
3. PLANT 25' MIN. FROM B.C.R. AT INTERSECTIONS.
4. PLANT 25' MIN. FROM EDGE OF DRIVE APPROACH.
S. PLANT 10' MIN. FROM UTILITY AND SEWER LINES.
6. PLANT 21' MIN. FROM STREET LJGHT STANDARDS,
7. PLANT 15' MIN. FROM POWER POLES.
8. PLANT 10' MIN. FROM FIRE HYDRANTS.
9. ONE YEAR WARRANTY FOR LOSS OR DAMAGE REQUIRED.
OSYS7 M
STANDARD TREE PLANTING
CBY OF VERNON, CAUFOBNLA
COMMUNITY SERVICES } WATER DEPARIMERP
OCIOBTA 2000
STANDARD PLAN
MV 1891
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: July 23, 2012
TO: S. Kevin Wilson, Director of Community ervices & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2012-130 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Urban Forest Management
Services
Transmitted herewith is a copy of Resolution No. 2012-130 referenced above, which was approved by
City Council on July 17, 2012.
Thank you.
WY:dj
Attachment
c: Scott Rigg
Resolution No. 2012-130
RECEIVED
RECEIVED curt t i 2012
JUN 12 2012 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT_
DATE: June 7, 2012
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, irectorof Community Services & Water
RE: Permission to Seek Request for Proposals for Urban Forest Management
Services
The Community Services and Water Department (Department) is requesting permission 3o seek
Request for Proposals (RFP) from qualified contractors capable of providing annual services for the
maintenance, removal, and replacement of trees within the City's Urban Forest. The City has
approximately 1,163 trees that comprise its Urban Forest. The selected contractor will be tasked with
trimming one-half of the City's Urban Forest on an annual basis. The Department has determined that it is
in the best interest of the City to seek RFP's for this work to ascertain current market rates for this type of
service.
The attached RFP for Urban Forest Management has been reviewed and approved to form by the
City Attorney's office. It is my recommendation that the City Council grant the Department permission to
issue RFP's to qualified contractors to perform Urban Forest Management Services at the July 3, 2012
City Council meeting. Thank you.
SKW/sr
Enclosures
OF VV
RECEIVED ,� o • "z
JUN 12 201Z � 1.
6
CITY CLERK'S OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilson,,irector of Community Services and Water
DATE: June 7, 2012
SUBJECT: Permission to Seek Request for Proposals for Urban Forest Management
Services
The Department of Community Services and Water (Department) has prepared a Request for Proposal
(RFP) to seek bids from qualified contractors capable of providing annual services for the maintenance,
removal, and replacement of trees within the City's Urban Forest. The Department has determined that is should
seek RFP's in order to ascertain current market rates.
The attached RFP for Urban Forest Management Services has been reviewed and approved to form by
the City Attorney's office. A Staff Report is herein attached recommending that the City Council grant approval
to issue RFP's to qualified contractors to perform Urban Forest Management Services at the July 3, 2012 City
Council meeting. Thank you.
SKW/sr
Enclosures
F�mnlSr Wy�ntATee(kr )RFP l2RFPVlFPUW Fore MwapmmMyAdminishvrMlIdw