CITY OF REDWOOD CITY, CALIFORNIA PUBLIC WORKS SERVICES

CITY OF REDWOOD CITY, CALIFORNIA

PUBLIC WORKS SERVICES DEPARTMENT

Request for Proposal (RFP)

COMPREHENSIVE STREET TREE MAINTENANCE SERVICES

ISSUED ON: March 11, 2020

PROPOSALS DUE: Thursday, April 2, 2020, AT 4 PM PT Late proposals will not be accepted.

CONTACT: Lily Ng

Management Analyst (650) 780-5971

[email protected]

mailto:[email protected]

PUBLIC WORKS SERVICES DEPARTMENT FY 2019-20 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 2 OF 37

SECTION I. INTRODUCTION The City of Redwood City is requesting proposals from qualified firms to provide comprehensive street tree maintenance, removal, and replacement services to the Public Works Services Department. All necessary fuel, equipment, materials, insurances, and personnel should be included in the proposal. Copies of this Request for Proposal are available online at http://www.redwoodcity.org/business/bids-proposals. All addenda related to this procurement will be posted online to the City’s website.

SECTION II. DEFINITIONS The following definitions shall apply to this Request for Proposals and its attachments.

Term Definition Proposer; Contractor; Firm

Any person or company submitting a proposal in response to this Request for Proposal

City City of Redwood City City Council City Council for the City of Redwood City RFP This Request for Proposal for Comprehensive Street Tree

Maintenance Services PWS City of Redwood City, Public Works Services Department Successful Proposer The Proposer that is selected by the City of Redwood City through

this Request for Proposal process to supply the services specified in the Scope of Services herein

SECTION III. ATTACHMENTS

The attachments below are included with this RFP.

• Attachment A – Proposal Pricing Form • Attachment B - List of Independent Contractor(s), Subcontractor(s) OR Sub-consultant(s),

i.e. “Other Contractor” • Attachment C – Reference List • Attachment D - Sample Agreement for Services

http://www.redwoodcity.org/business/bids-proposals

http://www.redwoodcity.org/business/bids-proposals


SECTION IV. TIMELINE

Action Date RFP Release Date March 11, 2020 Deadline for questions / clarifications March 19, 2020 at 4 PM Answers to questions released By March 24, 2020 Proposal Submittal Deadline Thursday, April 2, 2020 at 4 PM PT Interviews (at discretion of City) Week of April 20, 2020 Successful Proposer Notification* End of April 2020 Contract Award* June 2020 Estimated Time to Begin Work* July 2020

* Tentative dates

SECTION V. INSTRUCTIONS TO PROPOSERS

A. EXAMINATION OF PROPOSAL DOCUMENTS

Before submitting a proposal, Proposers should read this RFP carefully and inform themselves completely of all details outlined herein. The submission of a proposal shall be deemed a representation and certification by the Proposer that:

• Proposer has carefully read and fully understands the information provided by the City to serve as the basis for submission of the proposal; • Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted; • All information contained in the proposal is true and correct; • Proposer did not, in any way, collude, conspire, or agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of the proposal; and • Proposer acknowledges that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, Proposer grants the City permission to make these inquiries, and Proposer will provide any and all related documentation in a timely manner.

No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition.


B. REQUIRED PROPOSAL SUBMISSION DOCUMENTS

As a part of their proposal submission, Proposers shall submit the following documents.

Documents to Submit Comments Pg. 1-37 of RFP Proposal Pricing Form Must be filled out completely and signed

List of Independent Contractor(s), Subcontractor(s) or Sub-consultant(s), i.e. “Other Contractor”

Must be filled out completely

Reference List Must be filled out completely Sample Agreement for Services Include all pages – please do not fill in blank

spaces. Addenda, if any Must be signed

C. SUBMITTAL

Firms wishing to have their proposal considered for this project shall submit the following items below.

I. Firm Qualifications A Statement of firm’s qualifications applicable to this project, including the following:

a. State of California Contractor’s License number and expiration date, C-27 & C61/D-49 and any other applicable licenses

b. Names, qualifications and proposed duties of all staff to be assigned to this project. The firm shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for the duration of the project as well as a full-time English speaking Site Supervisor or Foreman, who is an ISA Certified Arborist, capable of communicating with any City representative and who is authorized to act on behalf of the firm. Personnel must be qualified and trained in the tree maintenance industry.

c. List of staff qualifications including but not limited to: i. All Certified Arborists employed by the firm.

ii. All Certified Treeworkers employed by the firm. iii. All Certified Urban Foresters and/or Municipal Arborists employed by the

firm. iv. American Society of Consulting Arborists (ASCA) Registered Consulting

Arborist employed by the firm to consult on tree health issues.


d. Describe at least three (3) similar California municipal multi-year tree maintenance projects which have been completed within the last five (5) years. Each project shall be of comparable size and scope to this project. Descriptions of these projects and contact persons must be provided with proposal submission.

II. Insurance and Licensing a. Affirmative statement of compliance with indemnity and insurance requirements

set forth in attached Agreement for Services. b. All licensing required to complete the work.

III. Services to be Performed Include a description of the public right of way job site preparation. Describe how the job site is prepared using temporary signals, barriers, or other safeguards (at Contractor’s expense) for the prevention of accidents to the public or Contractor’s staff.

IV. Equipment A complete list of machinery and equipment (excluding handheld equipment), including year, serial number and license number to be used for this project and all available equipment in reserve to allow for breakdowns.

V. Quality Control Plan a. A written description of methodology to be used for notifying residents prior to

commencement of tree work. (Door hangers are permitted in the City.) b. The methodology in which the firm will handle complaints from the public and

damage to public and private property. c. Effective means to correct problems. d. The means the firm will use for completing the project.

VI. Employee Training a. A written description of the firm’s internal tree maintenance and arboricultural

training program. b. A written description of the firm’s safety training program, training resources

utilized, initial training plan, and continuing training plan. VII. Profile of Lawsuit, Litigation, Injury, or Fatality

a. List any lawsuit or litigation and result of that action that is still pending or has occurred within the last five (5) years.

b. List all projects where claims or settlements were paid by the firm or its insurer’s within the last five (5) years.

c. List all work related injuries or fatalities in the last five (5) years. VIII. Schedule of Compensation of Contractor by City

a. Provide pricing in the provided in Attachment A - Proposal Pricing Form. b. Please note that this contract requires payment of prevailing wages.


D. PROPOSAL SUBMITTAL DEADLINE AND LOCATION Proposals are due on or before Thursday, April 2, 2020 at 4:00 PM PT. Proposer shall hand deliver or mail three (3) paper copies and email one (1) electronic copy of its proposal. Paper copies will be provided in sealed envelope(s) to: City of Redwood City Attn: City Clerk 1017 Middlefield Road Redwood City, CA 94063 Sealed proposals must bear the Proposer’s name and address, and be clearly marked “SEALED PROPOSAL FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES DUE 4:00 PM PT THURSDAY, APRIL 2, 2020.” Electronic copies of proposals shall be emailed to [email protected]. Late proposals will not be considered.

E. WITHDRAWAL OF PROPOSALS

Any Proposer may withdraw his or her proposal by written request, addressed to the City contact specified in Section XV, at any time prior to the Proposal Submittal Deadline.

F. ORAL INTERVIEWS Proposers may be required to participate in an oral interview. Not all Proposers will be asked to interview. The oral interview will be a panel comprised of members of the selection committee.

Proposers may only ask questions that are intended to clarify the questions to which they are being asked to respond. Each Proposer’s time slot for oral interviews will be determined randomly. Proposers who are selected shall make every effort to attend. If representatives of the City experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration.

SECTION VI. SCOPE OF SERVICES Contractor will furnish all labor, materials, and equipment necessary to provide comprehensive street tree maintenance services.


The City has approximately 27,000 street trees that comprise its urban forest. The purpose of these maintenance services is to provide the City of Redwood City with the best possible tree care to maintain the City’s urban forest at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with City staff to ensure the most appropriate care.

I. PROJECT SPECIFICATIONS It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. At all times during contracted tree maintenance activities, the firm shall have work crews on site that are represented by an English-speaking supervisor or foreman who can receive and carry out instructions given by City employees. Contractor must be able to perform all of the following tree maintenance services at various sites throughout the City. If a contract is awarded, it will be at the City’s discretion which services will be required for the Contractor to perform.

1. Full-time tree crew 2. Tree pruning 3. Tree removal 4. Tree planting 5. Stump removal 6. Emergency response 7. Small tree care 8. Palm trunk skinning 9. Data entry

II. PROJECT SPECIAL PROVISIONS

A. Definitions

Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Redwood City is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “site” as used hereinafter shall be understood to mean the location receiving the service. The use of the word “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under this contract.


B. Work Quality

All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture. The Contractor shall also meet the requirements of the American National Standards, Z133, entitled "Safety Requirements for Arboricultural Operations," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City’s Tree Maintenance Leader and/or other authorized City staff shall determine if the Contractor has met all pruning requirements, and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.

C. Standards Prior to beginning the work, the Contractor shall review with the City’s Tree Maintenance Leader and/or other authorized City staff various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include, but not be limited to, accepted pruning activities. Daily tree pruning operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 4:00 PM. The City expects that the Contractor will work on a daily basis to perform tree work, generally on a block by block basis. Not less than once per week, Contractor shall submit to City a list of locations and work performed during the previous work week via electronic transmission on a form to be provided by City. Limbs two inch (2”) in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one third (⅓) of the diameter. Make the second cut one-inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one half inches (3½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City‘s Tree Maintenance Leader and/or other authorized City staff. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. Firewood-sized wood shall be stacked neatly and safely on-site for use by Redwood City residents. All state or county quarantine regulations shall be followed for wood disposal as required. Permission may be given to the Contractor, at the City’s discretion, to dispose of clean woodchips at a City facility at no additional cost to the City.


On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. i. Full-time Tree Crew

If requested by the City, Contractor will be required to provide a full-time crew. This three-person crew will be comprised of a lead, climber, and groundsman and will work five days a week, eight hours a day, excluding City holidays. The City’s Tree Maintenance Leader and/or other authorized City staff will assign work to the crew, which is expected to be primarily tree pruning, but any other maintenance activities described in this RFP may also be assigned.

ii. Tree Pruning Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. a. Contractor shall comply with Standards of CAL OSHA and the American National

Standard Institute, Z133 Safety Requirements. b. Contractor shall provide and post “No Parking” signs forty-eight (48) hours in advance

of the work. c. Contractor shall endeavor to 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 public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor or foreman in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents 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.

d. 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 then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location, and the City is responsible for appropriate notification of Underground Service Alert (USA).

e. No hooks, gaffs, spurs or climbers will be used for anything other than removals. f. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner

to promote fast callous growth. g. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools

shall be cleaned after each cut with alcohol or bleach. h. Topping shall not be done unless specifically requested by the City.


i. The specific techniques employed shall be consistent with ISA A300 standards and ISA's Best Management Practices 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 so that wound closure can readily start under normal conditions. All limbs 2” or greater shall be made with proper pruning cuts 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.

j. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than thirty (30%) percent.

k. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.

l. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

m. Heading cuts and/or topping will not be allowed unless specifically requested by the City.

n. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

iii. Pruning for Traffic Clearances Tree pruning for traffic clearances shall provide clearances of at least fourteen (14’) feet above finish grade for moving vehicles within the traveled roadway, and eight (8’) for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under “Pruning to Raise.” Clearance trims are performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City‘s Tree Maintenance Leader and/or other authorized City staff and conform to the following: a. The minimum clearance under trees within the street right-of-way shall be fourteen

(14’) feet over the traveled road, and eight feet (8’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.


iv. Pruning Palm Trees Palm tree pruning shall consist of the removal of all dead fronds, fruit clusters and other vegetation from the trunks of all palms listed in the Contract Documents Special Provisions in a manner selected by the Contractor and approved by the City ‘s Tree Maintenance Leader and/or other authorized City staff, and in accordance the following: a. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is

prohibited, unless specifically approved by the City‘s Tree Maintenance Leader and/or other authorized City staff. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City Palm trees.

b. Palm Skinning (additional service) - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24” – 36”) inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18”) inches but no greater than thirty-six (36”) inches.

v. Safety Pruning Removal of deadwood, hangers, structurally unsound limbs, and other safety related conditions, as well as traffic clearance pruning over the sidewalk and roadway.

vi. Tree Removals

City prepares list of trees to be removed, marks trees, notifies homeowners and submits lists to Contractor. Contractor crew removes tree and hauls all debris. Contractor crew grinds stumps to a depth of eighteen (18”) inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. The City‘s Tree Maintenance Leader and/or other authorized City staff shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession. All wood from removed trees is the property of the City and shall be disposed of at the direction of the City‘s Tree Maintenance Leader and/or other authorized City staff. No wood shall be left along public right-of-way unless approved by the City‘s Tree Maintenance Leader and/or other authorized City staff. Firewood-sized wood shall be stacked neatly and safely on-site for use by Redwood City residents. All State or county Quarantine regulations shall be followed for wood disposal as required. Permission may be given to the Contractor, at the City’s discretion, to dispose of clean woodchips at a City facility at no additional cost to the City. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.


The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Service Alert (USA) at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2”) inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

vii. Tree Planting City to supply trees, stakes and ties; Contractor crew provides only planting and installation. Planting lists should be compiled and submitted monthly or as needed. Contractor will guarantee the quality of the installation workmanship. a. Contractor shall provide all equipment, labor and materials necessary for the planting

of trees throughout the City in accordance with the specifications herein. b. The City shall be responsible for marking locations and will notify Underground Service

Alert (USA) prior to planting. c. Planting pit shall be dug twice the width and the same depth of the root ball. Before

placing the tree in the planting pit Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.

d. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. The top of the root ball shall be level or slightly higher than the surrounding soil.

e. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it’s put into the hole.

f. Trees that are planted in parkways shall have a 4”-6” high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.


g. All trees shall be staked with two wooden lodge poles and two ties per pole. Minimum size of lodge poles shall be eight (8’) feet long, with a one and a half (1½”) inch diameter. Tree ties shall be placed at one third (⅓”) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24”-30”) inches below grade.

h. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.

viii. Stump Removal Contractor crew grinds stumps to a depth of eighteen (18”) inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2”) inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

ix. Emergency Response The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call. Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.


Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines, the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

x. Small Tree Care

The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.

xi. Data Entry Daily entry of work completed into City's computerized maintenance management software.

D. Traffic Control Contractor shall refer to the Manual on Uniform Traffic Control Devices which conforms to all City Traffic Safety requirements and operating rules at all times while this contract is in effect. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.

E. Public Noticing of Tree Pruning Operations Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers. City approved “No Parking” signs shall be posted on individual trees scheduled for pruning forty-eight (48) hours prior to the work being performed.


F. Quality Control Plan Contractor should have a Quality Control Plan with an effective and efficient means of identifying and correcting problems for the entire scope of operations and Term of the contract. The successful Contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.

G. Clean-Up Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. 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 City‘s Tree Maintenance Leader and/or other authorized City staff shall be the sole judge as to the adequacy of the clean-up.

H. Inspections The City ‘s Tree Maintenance Leader and/or other authorized City staff, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.

I. Minor Modifications and/or Additional Work i. The City may modify these specifications with the joint approval of the Contractor and the

City of Redwood City. All modifications shall be in writing. ii. In the event that the City of Redwood City should require additional work beyond the

requirements of these specifications, the Contractor shall perform all work at a competitive price.

iii. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this proposal.

iv. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.


v. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call.

J. Working Day

The Contractor's working day activities shall be limited to the hours between 7:00 a.m., and 4:00 p.m., Monday through Friday, excluding designated City holidays. Deviation from normal working hours will not be allowed without prior written consent of the City‘s Tree Maintenance Leader and/or other authorized City staff. The following are the designated City holidays:

1. January 1 (New Year's Day) 2. The third Monday in January (Martin Luther King's Birthday) 3. The third Monday in February (President’s Day) 4. The last Monday in May (Memorial Day) 5. July 4 (Independence Day) 6. The first Monday in September (Labor Day) 7. November 11 (Veterans' Day) 8. The fourth Thursday in November (Thanksgiving Day) 9. The day after Thanksgiving Day 10. December 24 (Christmas Eve) 11. December 25 (Christmas Day) 12. December 31 (New Year’s Eve)

When a designated holiday falls on a Sunday, the following Monday shall be a designated holiday. When Christmas or New Year’s Day falls on a Sunday or Monday the preceding Friday shall be a holiday.

K. Term The term shall be for a one (1) year period from the effective date of the contract. The contract may be renewed for up to two (2) consecutive, two (2) year increments after the initial contract period, at the discretion and approval of the City. The City shall notify the Contractor in writing of the intent to extend the contract.

L. Invoicing

Contractor will submit monthly invoices to: Public Works Services Department, Attn: Public Works Superintendent – Right-of-Way, 1400 Broadway, Redwood City, CA 94063. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and its height and trunk diameter of


each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met.

M. Payment

If a contract is awarded, the method of payment to the Successful Proposer shall be on an hourly basis with a maximum “not to exceed” fee as set by the Successful Proposer in the proposal or as negotiated between the Successful Proposer and the City. Payment will be made within thirty (30) days of receipt of an accurate invoice. Payment will be made no more frequently than monthly.

N. Withholding Payment The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:

• Defective or inadequate work not corrected. • Claims filed or reasonable evidence indicating probable filing of claims. • A reasonable doubt that the contract can be completed for the balance unpaid.

O. DIR Registered Contractor

The Contractor must be registered with the DIR pursuant to Labor Code §§ 1772.5 and 1771.1, and provide its DIR contractor number in Attachment A – Proposal Pricing Form.

P. Redwood City Business License The Successful Proposer must either possess a current, valid Redwood City business license or have submitted a Redwood City business license application and fee at the time of contract award. Business license information (application, ordinance, fees) can be found by navigating to the City of Redwood City homepage (www.redwoodcity.org) and selecting “Business,” “Starting a Business,” “Business Licensing.”

Q. Other Certifications and Requirements

All firms submitting proposals must hold a valid State of California C-27 and a C-61/D49 Contractor’s License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. Contractor shall have OSHA certification of aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of this project.


R. Proposal Cost

The Contractor must complete, sign and submit Attachment A – Proposal Pricing Form with Contractor’s bid. All pricing must be inclusive, and include all labor, material, and equipment necessary for all tasks listed in this Scope of Services. Provision of this information assists the City in determining whether the Proposer understands the project, whether the costs are fair and reasonable in light of the services to be provided, and provides City staff with tools to negotiate the final cost. The Contractor acknowledges that by submitting a proposal, the Contractor’s proposed pricing is bound for 90 days after the Proposal Submittal Deadline.

SECTION VII. TERMS AND CONDITIONS

A. City’s Standard Terms and Conditions

The terms and conditions set forth in Attachment D - Sample Agreement for Services will apply to any contract resulting from this RFP.

B. Pricing

Pricing shall remain firm throughout the first year term of the contract. At the end of the initial contract term and each contract anniversary date thereafter for the duration of the contract, prices may, upon Contractor or City request, be increased or decreased. Any price increases will be tied to the Consumer Price Index (CPI) and approved at the discretion of the City. If accepted, the price increase will remain firm throughout the subsequent one-year period. In the event prices are reduced, the reduced price shall apply to all subsequent purchases following the date of the price decrease through to the following contract anniversary date. The Contractor shall submit to the City a revised unit price schedule and supporting CPI information for any requested changes.

SECTION VIII. CONTRACT AWARD

City staff will evaluate the Proposals based on the following criteria:

• Quality and completeness of Proposal; • Quality, performance, and effectiveness of services to be provided by the Proposer; • Proposer’s experience, including the experience of staff to be assigned to the project, the

engagements of similar scope and complexity; • Cost to the City (Proposal price alone will not be the sole determining factor); • Proposer’s ability to perform the work within the time specified;


• Proposer’s prior record of performance (including safety record) with City or other; and • Proposer’s compliance with applicable laws, regulations, policies (including City Council

policies), guidelines and orders governing prior or existing contracts performed by the Proposer.

If a contract is awarded, it shall be awarded to the lowest responsive and responsible Proposer whose Proposal followed all directions in the RFP and would be most advantageous to the City. The award of this contract will not be based on price alone. Factors that would affect the final cost to and the benefits to be derived by the City will be considered. Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City is provided to the Proposer. A Recommendation of Award does not constitute award of contract. Contract documents will consist of the Agreement for Services, this RFP and all related attachments, the Successful Proposer’s written proposal, and a Purchase Order issued by the City’s Finance Department.

SECTION IX. RIGHTS OF THE CITY

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

• Make the selection based on its sole discretion; • Reject any and all proposals; • Issue subsequent Request for Proposals; • Postpone contract start date for its own convenience; • Remedy technical errors in the RFP process; • Approve or disapprove the use of particular sub-consultants; • Cancel the RFP and reject any and all proposals in whole or in part when it is in the best

interest of the City; • Waive informalities and irregularities in the proposals; and • Enter into an agreement with another Proposer in the event the originally selected Proposer

defaults or fails to execute an agreement with the City. An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the Proposer.

SECTION X. PUBLIC NATURE OF PROPOSAL MATERIALS Responses to this RFP become the exclusive property of the City. At such time as the PWS recommends the Contractor to the City Manager or to the City Council, as applicable, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with


the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the California Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked as “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.

SECTION XI. COLLUSION By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

SECTION XII. FAIR DEALING/CONFLICT OF INTEREST The Proposer warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or will be offered or given by the Proposer, or any agent or representative of the Proposer to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award. The Proposer warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract resulting from this RFP. The Proposer also warrants that, to the best of its knowledge, no officer, agent or employee of the City who shall participate in any decision relating to this RFP and the resulting contract, currently has, or will have in the future, a personal or pecuniary interest in the Proposer’s business.

SECTION XIII. NON-CONFORMING PROPOSAL A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.


SECTION XIV. QUESTIONS REGARDING THE RFP Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions regarding this RFP must be put in writing and received by the City contact person identified in Section XV no later than Thursday, March 19, 2020, 4 PM PT. Inquiries received after the date and time stated will not be accepted. Any interpretations or corrections of the RFP will only be made by an addendum posted online to the City’s website. Such addendum shall be considered a part of the RFP and must be signed and submitted with the proposal. Oral interpretations or clarifications will be without legal effect.

SECTION XV. CONTACT PERSON Inquiries relating to this RFP and/or the required services should be directed to: Lily Ng Management Analyst 1400 Broadway Redwood City, CA 94063 Phone: 650-780-5971 [email protected]

PLEASE SUBMIT ALL PAGES OF THE RFP. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.


ATTACHMENT A - PROPOSAL PRICING FORM Price must be complete and include tax, delivery, labor, and other charges. Prices remain firm for one-year after award of contract to Successful Proposer. If the unit price and the total amount named by a Proposer for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the Proposer’s intention. All proposal items, including lump sums, unit prices, and additive alternates, must be filled in completely. Quote in numerals only, unless words are specifically requested:

Task Type of Worker for Task

(e.g. Arborist, Tree Worker, etc.)

Estimated

Quantity of Workers for

Task

Hourly Rate per

Worker

Emergency Response/

Overtime Rate per Worker

a. Full-time Tree Crew Lead, Climber, Groundsman 3

b. Tree Pruning

c. Tree Removal

d. Tree Planting

e. Small Tree Care

f. Stump Removal

Job Title Hourly Rate Emergency Response/

Overtime Rate a. Arborist/Urban Forester

b. Tree Worker

c. Other Job Class (Please Specify)

d. Other Job Class (Please Specify)

e. Other Job Class (Please Specify)

f. Add additional rows if necessary


Machinery/Equipment Hourly Rate Emergency Response/

Overtime Rate a. Please specify

b. Please specify

c. Please specify

d. Add additional rows if necessary


This proposal is binding upon the undersigned for 90 days after the Proposal Submittal Deadline.

COMPANY: ADDRESS:

DIR NUMBER:

CONTACT PERSON: TELEPHONE:

SIGNATURES FOR PROPOSER: If INDIVIDUAL, Sign Below If CORPORATION, Sign Below (Show Names of Non-signing Officers) Signature Date A CORPORATION Post Office Address Name of State Where Chartered Signature Date If PARTNERSHIP, Sign Below (Show Names of Non-signing Partners) PRESIDENT Date Name of Partners SECRETARY Date Signature Date TREASURER Date Post Office Address Post Office Address

AFTER SIGNING, PLEASE SUBMIT ALL PAGES OF THIS PROPOSAL PRICING FORM, INCLUDING THE SIGNATURE PAGES. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.


ATTACHMENT B - LIST OF INDEPENDENT CONTRACTOR(S), SUBCONTRACTOR(S) OR SUB-CONSULTANT(S), I.E. “OTHER CONTRACTOR”

The following are the independent contractor(s), subcontractor(s) or sub-consultant(s) that Proposer proposes to engage for the following types of work. Any type of work not designated below will be done by the main Contractor listed on the agreement with the City of Redwood City.

Work to be Performed by Other Contractor

Name and Address of Other Contractor

Dollar Value of Agreement

MAIN CONTRACTOR COMPANY NAME:

MAIN CONTRACTOR ADDRESS:

AFTER COMPLETING, PLEASE SUBMIT ALL PAGES OF THIS LIST OF INDEPENDENT CONTRACTOR(S), SUBCONTRACTOR(S) OR SUB-CONSULTANT(S), I.E. “OTHER CONTRACTOR”. AS IT RELATES TO THIS

PROPOSAL, PLEASE TURN IN ALL PAGES.


ATTACHMENT C – REFERENCE LIST Please list 3 public agency clients, along with a very brief description of the work, which the City may contact regarding the Contractor’s work performance. REFERENCE # 1

AGENCY / CITY NAME: DEPARTMENT:


EMAIL ADDRESS: DOLLAR VALUE OF AGREEMENT:

DATE RANGE OF AGREEMENT: NATURE OF WORK PERFORMED:

REFERENCE # 2





REFERENCE # 3





AFTER COMPLETING, PLEASE SUBMIT ALL PAGES OF THIS REFERENCE LIST. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.


ATTACHMENT D – SAMPLE AGREEMENT FOR SERVICES AGREEMENT FOR SERVICES

THIS AGREEMENT is made and entered into as of the _____ day of __________________, 2019 (the “Effective Date”), by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California (“City”), and ______________________________, a [STATE] [ENTITY TYPE] (“Contractor”).

RECITALS A. City requires the services of a ______________________. B. Contractor has the necessary experience in providing such services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in attached Exhibit A, which is incorporated herein by reference. City will have the right to modify the scope of work to delete tasks in whole or in part. Any individuals listed as “Key Personnel” on Exhibit A will perform the roles ascribed to them in Exhibit A. Contractor may not change the list of Key Personnel without the prior written consent of the City. 2. Standard of Performance. While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the urban Northern California Area. Contractor will also use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. Term. Unless terminated earlier pursuant to Section 21, the term of this Agreement will be for a period of one year from the Effective Date. The City Manager may amend the Agreement to extend it for additional periods in an amount not to exceed _______ of Dollars ($_________) per extension term. Any extension will require a written amendment executed by both parties indicating the effective date and length of the extended Agreement. 4. Schedule. Contractor will adhere to the schedule set forth in Exhibit A, provided, that City, in its discretion, may grant reasonable extensions when performance of the Services is delayed due to unusually lengthy governmental reviews or other unexpected, unavoidable circumstances. Such


circumstances will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Contractor’s officers or employees. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. City will pay to Contractor a not-to-exceed amount of _________ Dollars ($_____) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by Contractor, payable as set forth in Exhibit A. City will have the authority to withhold a 10% retention until it has accepted all of the Services as complete.

6.1 Contractor must submit applications for payment that contain the following:

6.1.1. A clear, detailed invoice reflecting Services for which Contractor is billing City;

6.1.2. A summary sheet showing hourly rates (if applicable);

6.1.3. Number of hours worked;

6.1.4. Amount billed to date;

6.1.5. Any backup documentation reasonably necessary to substantiate the preceding items; and

6.1.6. Any changes to the anticipated work schedule.

6.2. The payment made to Contractor pursuant to the Agreement will be the full

and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its officers, agents, employees, consultants, or subcontractors (collectively, “Contractor Personnel”). City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or any Contractor Personnel. Contractor agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Contractor or any Contractor Personnel for work done under this Agreement. At the City’s election, City may deduct the reimbursable amount from any balance owing to Contractor.

7. Status of Contractor. Contractor will perform the Services as an independent contractor and not as an employee of City. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. 8. Labor Code Prevailing Wage. To the extent required by law, Contractor will comply with the requirements of the California Labor Code including but not limited to hours of labor,


nondiscrimination, payroll records, apprentices, workers’ compensation and prevailing wages. When prevailing wage rules are applicable, the following provisions apply:

8.1. No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Services under this Agreement will be paid to all workers, laborers and mechanics employed in the execution of the Services by the Contractor or any subcontractor doing or contracting to do any part of the Services. 8.2. The appropriate determination of the Director of the California Department of Industrial Relations will be filed with and available for inspection at City offices. 8.3. Contractor will post, at each job site, a copy of the prevailing rate of per diem wages. 8.4. The Contractor will forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor.

9. Subcontracting. Contractor will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the subcontractor’s acts and omissions as Contractor is for the acts and omissions of persons directly employed by Contractor. Such responsibility will include responsibility for the acts and omissions of the subcontractor’s officers, employees, consultants, subcontractors, and agents. Nothing contained in this Agreement will create any contractual relationship between City and any subcontractor, and Contractor will be responsible for paying subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement that bind Contractor unless specifically noted to the contrary in the subcontract and approved in writing by the City Manager or their designee. 10. Other Contractors. City reserves the right to employ other contractors in connection with the Services. 11. Indemnification.

11.1 Contractor will defend, indemnify and hold harmless (collectively “Indemnify”) City and its officers, boards and commissions, agents, employees and volunteers (collectively “Indemnitees”) from and against all claims, damages, losses and expenses including attorney fees (collectively “Losses”) arising out of the performance of the Services, caused or claimed to be caused by the acts, errors and/or omissions of Contractor, or any Contractor Personnel or anyone for whose acts any of them may be


liable (collectively, “Responsible Parties”). Contractor’s responsibilities under this Section 11 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, which may be in combination with the acts or omissions of any Responsible Party, provided that Contractor’s duty to Indemnify will not include any Losses arising from the sole negligence or willful misconduct of City. 11.2 Notwithstanding Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so. 11.3 Contractor agrees to pay any and all costs City incurs enforcing the provisions set forth in this Section 11. 11.4 Subsection 11.1 notwithstanding, in accordance with California Civil Code Section 1668, as amended, nothing in this Agreement will be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. 11.5 Nothing contained in this Agreement will be construed to require Contractor to Indemnify Indemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8, as amended. To the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as amended, such duties of Contractor to indemnify will not apply when to do so would be prohibited by California Civil Code Section 2782 as amended. 11.6 The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation plan is included as a loss, expense or cost for the purposes of this Section 11. 11.7 Acceptance by City of Contractor’s services and duties will not operate as a waiver of City’s rights under this Section 11. 11.8 The parties expressly agree that this Section 11 will survive the expiration or early termination of the Agreement.

12. Insurance. Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”.


12.1 Coverages and Limits. Contractor, at its sole expense, will maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement.

12.1.1 Commercial General Liability Insurance. Contractor will maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 12.1.2 Business Automobile Liability Insurance. Contractor will maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. For on-call services agreements, the Business Automobile Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 12.1.3 Workers' Compensation Insurance. Contractor will maintain coverage as required by the California Labor Code. The Workers’ Compensation policy will contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. 12.1.4 Employer's Liability Insurance. Contractor will maintain coverage with limits not less than $1,000,000 per each accident for bodily injury or disease.

12.2. Notice of Cancellation. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without Contractor providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will provide to City certificates of insurance and above-referenced endorsements sufficient to satisfaction of City’s Risk Manager. In no event will Contractor commence any work or provide any Services under this Agreement until certificates of insurance and endorsements have been accepted by City’s Risk Manager.


12.4 Failure to Maintain Coverage. If Contractor fails to comply with these insurance requirements, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements.

13. Business License. Contractor will obtain and maintain a City of Redwood City Business License for the term of the Agreement, including any extension terms. 14. Ownership of Documents. If Exhibit A or any task order or purchase order under this Agreement lists a document, report, or other material as an item to be provided by Contractor to City (a “Deliverable”), such Deliverable will be and remain the property of City. Contractor will provide a copy of all Deliverables to City in their native format. Contractor may retain one copy of any Deliverable for its internal records, but it may not use a Deliverable for any other purpose without the prior written consent of City. Any reports and other material prepared by or on behalf of Contractor under this Agreement that are not Deliverables (collectively, the “Contractor Documents”) will be and remain the property of Contractor. City may request copies of Contractor Documents, and to the extent Contractor agrees to provide copies of such Contractor Documents, they may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem appropriate without further employment of or payment of any compensation to Contractor. 15. Maintenance of Records. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Such records will not be Deliverables prepared for City and will be Contractor Documents for purposes of this Agreement. Nothing herein will convert such records into public records, and they will be available only to City and any specified public agencies. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow City to inspect of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 16. Copyrights. Contractor agrees that all copyrights that arise from the Services will be vested in City, and Contractor relinquishes all claims to the copyrights in favor of City. 17. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement.

For City: City of Redwood City Attention: City Manager 1017 Middlefield Road Redwood City, CA 94063 (650) 780-7000

For Contractor: Name___________________________ Title ____________________________ Address _________________________ ________________________________ Phone No. _______________________

Except as otherwise stated, all notices provided under this Agreement must be in writing and delivered by regular and certified mail. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. Conflict of Interest. If disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any Contractor Personnel, Contractor or Contractor Personnel will complete and file with the City Clerk the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of all Contractor Personnel, warrants by execution of this Agreement that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor any Contractor Personnel have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with City an affidavit disclosing this interest. 19. General Compliance with Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations. 20. Discrimination and Harassment Prohibited. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. Termination.

21.1 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. 21.2 If Contractor fails or refuses to perform any of the provisions of this Agreement, and if Contractor does not cure the default within five (5) days of the City providing a written notice specifying the nature of the default, City may terminate this Agreement immediately by giving written notice to Contractor. 21.3 If City materially fails or refuses to perform any of the provisions of this Agreement, and if City does not cure the default within thirty (30) days of Contractor providing a written notice specifying the nature of the default, Contractor may terminate this Agreement immediately by giving written notice to City.


21.4 Within ten (10) days of termination pursuant to this Section 21 or of the natural expiration of this Agreement, Contractor will assemble any Deliverables without charge and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed up to the termination date; however, the total will not exceed the amount payable under this Agreement. City will determine the final payment amount based upon the value of the work product delivered to City and the percentage of the Services performed.

22. Covenants against Contingent Fees. Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. Claims and Lawsuits. Contractor acknowledges that if a false claim is submitted to City by Contractor, Contractor may be subject to criminal prosecution for fraud. Contractor also acknowledges that California Government Code sections 12650 et seq. (the False Claims Act), as amended, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding. As a result of such proceeding, Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges that disbarment by another jurisdiction is grounds for City to terminate this Agreement. 24. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California. The Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. Successors and Assigns. This Agreement will be binding upon the Parties and their respective successors and assigns. Contractor may not assign this Agreement, nor any part of it, nor any monies due or to become due under it without the prior written consent of City, which City may withhold in its sole discretion.


26. Paragraph Headings. Headings in this Agreement are for convenience only and are not part of any provision in this Agreement. No heading will be construed to change the meaning of any provision. 27. Entire Agreement; Conflicts. This Agreement, together with any other written document referred to or contemplated by it, along with any purchase order or task order for this Agreement, embodies the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede any purchase order or task order and any other attachment or exhibit. 28. Amendments. This Agreement may only be amended, modified, waived or discharged in a writing signed by both Parties. 29. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

[Signatures on Next Page]


CITY: City of Redwood City, 1017 Middlefield Road Redwood City, CA 94063 By: __________________________ Melissa Stevenson Diaz, City Manager ATTEST: _______________________________ Pamela Aguilar, City Clerk CONTRACTOR: [NAME] [ADDRESS] *By: _________________________ **By: __________________________ Printed Name: __________________ Printed Name: __________________ Title: __________________________ Title: __________________________ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.


EXHIBIT “A”

SCOPE OF SERVICES AND FEE

1. Scope of Work/Tasks

2. Payment Terms

PLEASE SUBMIT ALL PAGES OF THIS SAMPLE AGREEMENT FOR SERVICES. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.