HomeMy WebLinkAboutSingh Group, Inc. 2020-03-25CoU Contract: #1920238
SHORT FORM CONSTRUCTION CONTRACT #1920238
This Agreement is made and entered on March 25th, 2020, in
Ukiah, California, by and between Singh Group, Inc., a Corporation
("Contractor") and the City of Ukiah ("City"), a general law
municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A - Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work within reasonable time after receiving Notice to Proceed.
1.1.1. ❑ [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1.1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
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($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
1.1.2 ❑ [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges.
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 New SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a
bid proposal for a public works project (submitted on or after
March 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project (awarded on
or after April 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
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contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. Commencing with contracts
awarded or after April 1, 2015, all contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451(d).)
1.5 Use of Employees.
1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics.
1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
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the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
1.5.6. Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the
Director of Industrial Relations, ex officio the Administrator
of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and 11 for overtime) are
available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
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1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. A11 equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
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Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies /_/ /_/J CITY shall retain % of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
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longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 4 times the basic rate of pay.
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The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25.00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of $8,000.00.
If property owner would like tree removed rather than trimmed a
change order would need to be pre -approved for by the City.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
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Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re -
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
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disposed of and satisfactory evidence to that effect furnished to
the City.
4.2 Insurance. Contractor shall procure and maintain for
the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by
the Contractor, his agents, representatives, employees or
subcontractors.
4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General
Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability - Completed
Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto).
C. Worker's Compensation insurance as required by the
State of California and Employer's Liability
Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage
including operations, products and completed
operations. If Commercial General Liability
Insurance or other form with a general aggregate
limit is used, either the general aggregate limit
shall apply separately to this project/location or
the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written
on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage. Insurance must be
written on an occurrence basis.
C. Worker's Compensation Employer's Liability:
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$1,000,000 per accident for bodily injury or disease.
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by the City. The City may require the insurer to
reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officers, officials, employees and
volunteers; or the Contractor to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense
expenses; or to approve the deductible without a guarantee.
4.2.4. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
A. The City, its officers, officials, employees, and
volunteers are to be covered as ADDITIONAL INSURED with
respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment, furnished in connection with
such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's
insurance, or as a separate owner's policy.
B. The workers' compensation policy is to be endorsed with
a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses paid under the terms of this policy
which arises from the work performed by the named insured for
the City. NOTE: You cannot be added as an additional insured
on a workers' compensation policy.
C. For any claims related to this project, the Contractor's
insurance coverage shall be primary insurance with respect to
the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its
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officers, officials, employees, or volunteers shall be in
excess of the Contractor's insurance and shall not contribute
with it.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been
given to the City.
E. Note: (This protects the Contractor) -Coverage shall not
extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of Civil Code.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
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6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
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government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
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deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTOR CITY
Family Tree Resource, Inc.
1155 S. Main St Suite 107
Willits CA 95490
Email: tmusgravefts@gmail.com
FAX:
City of Ukiah
300 Seminary Ave.
Ukiah, CA. 95482
Email: mhorger@cityofukiah.com
FAX:
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
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admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR
By:
CITY UKIAH
By:
Sa•e Sangiacomo
Ci y Manager
California Contractor's License Number f577,S7-6 i [Number or N/A]
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Bids may be emailed, faxed, or hand delivered, to the contact information listed
herein, and by the specified deadline, or the bid will be rejected.
Submitted by:
(Company Name
& Address)
501,71) ‘vvf c
s 1 41 r-oo S C f}-91.0 6
EXHIBIT A
REQUEST FOR BID
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482
P: (707) 467-5719
DATE: 2/4/2020
REQ. NO. E37611
BIDS WILL BE RECEIVED UNTIL
1:30 p.m., February 12th, 2020
AT THE OFFICE OF THE BUYER
300 SEMINARY AVE CITY of UKIAH
BY: Seth Strader
Email: sstrader@cityofukiah.com
BIDS ARE, REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA.
QUANTITY
DESCRTPTTON
UNIT PRICE
EXTENDED PRICE
1 LS
All necessary labor, equipment and materials for the trimming of approximately 8 trees
located on properties adjacent to the Ukiah Airport 1403 S. State St, Ukiah, CA 95482. Total
clean-up required. As per attached City of Ukiah Specification E37611.
Tax
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TERMS
1. LOCAL PREFERENCE Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of 52,500. on any bid for
supplies. equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an
office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County
or one of the cit es in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than
six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it
may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in puce and
quality the award shall go to the Local Vendor.
2. Right is reserved to reject any and all bids.
3. Right is reserved to accept separate items unless specnccally denied by bidder.
4, Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.
5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased
costs.
6. The puce, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.
7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless
a different time penod is specified in NEB.
8. Bidder agrees to perform according to its bid, rf the City's acceptance is communicated to the bidder within the time specified in number 7 above.
REQUEST FOR BID
City of Ukiah
SPECIFICATION E37611
TREE TRIMMING AT THE UKIAH AIRPORT
February 4th, 2020
Bid Due Date
1:30PM Thursday, February 12th, 2020
I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials, equipment
and labor to trim approximately 8 trees located on properties adjacent to the Ukiah Airport. The addresses
of properties where work is to be performed are 1195, 2405, 2411 and 2455 South State St., Ukiah CA
95482
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under
Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of
the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code
encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the
internet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use
City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed
on the City's bidder's list.
III. Contact Person
The City has designated Seth Strader, Buyer, as the contact person for questions related to the work
requested. Questions are to be submitted in writing, and can be done so by e-mail at sstrader(a,cityofukiah.com.
IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be
responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in
no way relieve him/her of the responsibility for performing any of the work or operations required as part of
this contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before February, 12th 2020
1:30PM to:
City of Ukiah Purchasing Department
Attn: Seth Strader
411 West Clay Street
Phone: (707) 467-5719, Fax: (707)463-6204
Email: sstrader@cityofukiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not
be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
The City of Ukiah requests bids that include all necessary materials, equipment and labor to trim
approximately 8 trees on properties adjacent to the Ukiah Airport, 1403 S. State St. Ukiah, CA 95482.
A picture of the trees is provided here as Attachment A. Contractor is to trim the trees to the height as
indicated on the attachment, which is approximately the height of a power pole, which is 40' from the ground.
All work performed must following the City of Ukiah Tree Management Guidelines, provided here as
Attachment B.
City of Ukiah Spec #E3 7611 Airport Tree Trimming - RFB
Tree trimming work shall include all brush chipped. Total clean-up is required, including all wood chips
and debris.
Upon completion of work, the area shall be cleaned to a condition at least equal to that which existed prior
to the commencement of the work.
Undergrowth and adjacent structures sustaining damage or injury due to the work shall receive corrective
action — after discussion and approval of City of Ukiah. Contractor shall be solely responsible for any and all
damages extending from the tree removal. Contractor shall restore all damaged property to its original
condition at his/her own expense.
Contractor will be responsible, in accordance with Construction Safety Orders of the Division of Industrial
Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience to the general
public, and adequate protection of persons and property in the vicinity of the work.
Work will not be considered complete until final inspection has been made by the City staff, and work has
been completed to his/her satisfaction.
VII. Measurement and Payment
The bid price for this work shall be lump sum, and consist of all labor, materials, equipment,
applicable fees, including tax (8.875%) and freight necessary to perform the work as described in this bid
specification.
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The actual
payment terms of the contract will be open for negotiation during the contract phase. If no special payments are
requested prior to issuing the work, the City will assume net 30 terms.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right
to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or
multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids.
IX. Work Scheduling
Due to the location of trees noticing the property owners prior to any trimming will be the
responsibility the Airport Manager. Contractor is to coordinate with Airport Manage prior to beginning any
work.
X. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record
and a proven product. Contractors are asked to provide the information requested under Work Performance
History Capability. References are to be those who you have performed similar scope of work as asked for in
this RFB. References are to include the contact name and phone number. A minimum of three references are
requested.
3
City of Ukiah Spec #E37611 Airport Tree Trimming - RFB
XI. Insurance Requirements
Bidder's attention is directed to the insurance requirements — see Attachment C. Contractors shall
furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's
Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance
with policy limits of not less than $2,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions regarding
the City's requirements, please contact the City's Risk Manager at 707-463-6287.
XII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.
The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and
Federal laws, regulations and ordinances governing performance of contractual services required, and it will be
the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the
actual cost of licenses.
3) License Requirements: Bidder/Contractor must possess a current State of California contractor's
license and a City of Ukiah business license. (For information business license, please contact Liz Frausto,
City of Ukiah Finance Department at 707-463-6215.)
a) The Contractor shall possess a valid State of California Class D49 license. Bidder shall provide proof
of possession of the proper licenses and certificates of registration necessary to perform the work.
Employees actually performing the tasks shall provide proof of proper certificates of registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
4) Notice to Bidders — Contractor Registration and Prevailing Wages —No contractor or
subcontractor may be listed on a bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)J. No
contractor or subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code section
1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by
regulation. This project is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
Public Works Small Project Exemption: Small project exemption means that contractors who
work exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However, prevailing wages must still be paid
on projects with small project exemption. Contractors are still required to maintain certified
payroll records on a continuous basis, and provide those records to the Labor Commissioner's
Office upon request. Small project exemption is applied based on the amount of the entire project,
not a contractors subcontracted amount of the project. Small project exemption applies for all
public works projects that do not exceed: $25,000 for new construction, alteration, installation,
demolition or repair; and $15,000 for maintenance.
4
City of Ukiah Spec #E3 7611 Airport Tree Trimming - RFB
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under
this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof,
of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California, has ascertained the general prevailing rate of wages for straight time,
overtime Saturdays, Sundays and Holidays including employer payment for health and welfare,
vacation, pension and similar purposes, copies of the General Prevailing Wage Determination
(applicable to the work), for the locality in which the work is to be done can be reviewed at
Website: www.dir.ca.gov/dlsr/pwd/northern.html .
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption",
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
5
City of Ukiah Spec #E3 7611 Airport Tree Trimming - RFB
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all
actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising
out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder,
whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability
due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or compensation payable to or for
Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's
benefits acts.
Contractor shall be liable to the City for any loss or damage to City property arising from or in
connection with Contractor performance hereunder. The undersigned acknowledges that this document,
together with the resulting purchase order issued by the City, the executed Short Form Construction Contract,
the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage
comprise a written agreement between the Contractor and the City binding on both parties.
The undersigned declares they are familiar with the items specified and have carefully read the RFB
specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility
for any error or omission in the preparation of this bid.
This bid is submitted by, (check one)
individual Owner Partnership
Corporation Other
Legal Name of Bidder cl I 4?l ✓e 2 el C
Address of Bidder 1;06V s eot t -T -o #1-1,,(, ! s-,,,, r r, ►CGU s, c, y)-6G,r
Tax lDl ?o2 G 0166 666 5 /
Phone Number ��� a f/ 3 S �,% Fax Number 7b 6 7V 3 v.74
California State Contractor's License #: 0 6 7C C 1 Expiration Date: °* (2 3/2 I
I / / 0d oOO '64 /
By: � Date ‘/P/2 -t3
r-s,,legi /_
DIR Public Works Contractor Re istration #:
Signature
Print or Type Name:
A-1-dif-- c (Alt,
6
Title
City of Ukiah Spec #E37611 Airport Tree Trimming - RFB
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed.
%� /}� WORK PERFORMED_(Irk r ' "mac ! r fh,t (/T/`� / nl'"' �!
Ahvf, GRA •
1. COMPANY NAME
CONTACT: //t./'O 0 a,
ADDRESS: PQ °Y I ?G C j / (/f- /;Qc3'
PHONE •� D - ' - o
2. COMPANY NAME: C� r S • CGL /$ ,n. i T e
CONTACT ourda, ` S !itMh'i")' !hr
ADDRESS (37 COS D!'z44LI.? ( fir //rtl 7 fig
PHONE:
3. COMPANY NAME: 7-4T AN
CONTACT: 1Q k✓10 ►'L r sa ti
ADDRESS 4Z I LA ot lDz` Y, `� �' D u
PHONE: r ) o ? C ��
4. COMPANY NAME:
CONTACT:
ADDRESS:
PHONE:
5. COMPANY NAME.
CONTACT.
ADDRESS:
PHONE:
7
City of Ukiah Spec #E37611 Airport Tree Trimming - RFB
SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each.
1)Subcontractor's Name Work to be performed
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License # DIR Public Works Contractor Registration #
2)Subcontractor's Name Work to be performed
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License # DIR Public Works Contractor Registration #
3)Subcontractor's Name Work to be performed
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License # DIR Public Works Contractor Registration #
8
City of Ukiah Spec #E3 7611 Airport Tree Trimming - RFB
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSERICONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements
specified in the Request for Bid for.
Airport Tree Trimming — E37611
Should well be awarded the contract, we/1 certify that we/1 can meet the specified requirements for insurance, including insurance
coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will
comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of
the work specified.
J -crg IV c
Please Print (Person, or Corporation)
Signature of Authorized Representative
Please Print (Name & Title of Authorized Representative)
2(blato 76Oall?-1C/‘-2
Date Phone Number
9
Attachment A
ATTACHMENT B
CITY OF UKIAH
TREE MANAGEMENT GUIDELINES
TREE MANAGEMENT POLICIES FOR THE
PROTECTION, OPERATION AND MAINTENANCE OF CITY PROPERTY
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
Adopted 12-01-10 & Revised 11-19-14
1.0 PURPOSE STATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance
and enhancement of the urban forest in parks and other areas maintained by the staff and
contractors of the City of Ukiah. These guidelines are based on policy from the City of Ukiah
General Plan Growth Management Program adopted by the City Council December 6, 1995 and
amended June 16, 2004 and the City of Ukiah Community Forest Management Plan, adopted by
the City Council on November 3, 1993.
" Trees are a precious legacy which improve our quality of life and enhance our community image
and pride. Trees enrich air and water quality, provide wildlife habitat, increase aesthetic value,
reduce soil erosion, and help us to maintain a sense of rural community."
Community Forest Management Plan Vision Statement
2.0 DEPARTMENTS AFFECTED
1. Community Services Department
2. Public Works Department
3. Electric Utility Department
4. Planning and Community Development Department
5. Ukiah Municipal Airport
3.0 RESPONSIBILITY
The department directors shall be responsible for the implementation of these polices
and guidelines and all staff shall be trained and shall abide by these guidelines and
policies as outlined in this document. City Council shall approve any significant
amendments or changes to the Tree Management Guidelines and Policies proposed by
staff and community partners before they are adopted.
1. The Directors of the departments are responsible for the preservation, care and
maintenance of trees as follows:
3.1.1 Community Services Department is responsible for all trees in public parks
including the Commemorative Program trees.
3.1.2 Public Works Department is responsible for all trees in the public right of way and
creeks.
3.1.3 Electric Utility Department is responsible for trimming of trees to maintain
clearance from primary electric lines and facilities
2 ' City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
4. Planning and Community Development Department is responsible for oversight of
all landscaping plans filed by the applicant.
2. Partnerships: Volunteers and/or community groups shall be important partners to
achieve objectives for urban forestry.
4.0 TRAINING
City staff shall receive training on all procedures listed in this document, including on-site classes
and/or training provided by Mendocino College and assorted qualified arboricultural professionals
on a regular schedule to ensure that proper methods are utilized.
All City of Ukiah staff performing tree care duties within the City's urban forest shall attend a
minimum of two training workshops annually.
A workshop for dormant care of trees will be held in the Fall/Winter months. A second workshop
will occur in the Spring/Summer to train for the growing season. Workshops will include, but not
limited to: proper seasonal maintenance; best practices for soil conditioning; proper pruning
techniques; and plant identification. Workshops will generally be held in the field and last about
two hours and will be run by a qualified arboricultural professional with expertise in best practices
for urban forest care.
5. POLICY GOALS
The Tree Management Guidelines focus on long-term protection of the City's trees and have been
developed for the preservation, planting, care, removal or disposition of trees, replacement
planting in parks, along streets and in other public areas.
The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they
will be subject to change based upon arboricultural standards, community input and staff
recommendations. Suggestions for changes to the Guidelines must be submitted in writing to a
department director. They will then be discussed with community partners and staff and then
submitted to the City Council for approval.
6.0 GUIDELINES FOR TREE CARE AND MAINTENANCE
Staff and contracted professionals shall utilize International Society of Arboriculture's Best
Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A
Glossary of terms is included in Section 9.0.
3' City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal
and/or pruning of trees located in or on City property. The same criteria shall be used to
evaluate the overall public benefit of the proposed work. In all cases, safety concerns shall
receive priority. In addition, priority will be given to limiting removal, increasing forest canopy,
and preserving appropriate vegetation on park property.
6.1 Tree Preservation: The health and physical state of trees shall be maintained and
protected whenever possible. Instances not specifically covered elsewhere in this policy
include:
1. Conservation of Landmark Trees: These are individual trees that are considered
unique because of size, species, historical significance, and shall be given extra
protections and consideration for retention. Refer to the Glossary of Terms.
6.1.2 Conservation of Commemorative Program Trees: These are individual trees or
groves purchased by someone from the City of Ukiah to memorialize an
individual or group. Refer to the Glossary of Terms.
6.1.3 Existing Trees: Staff shall change use patterns in root zones whenever practical.
For example: Vehicles parked or materials stored in the root zone shall be subject
to an education and/or enforcement campaign to reverse the damage to the tree
roots; pathways causing excessive compaction around tree roots shall be
relocated if other options are deemed insufficient. Fencing, boulders, logs and
landscaping are reasonable deterrents to reduce further damage and shall be
used whenever practical. Refer to ISA BMP Integrated Vegetation Management.
6.1.4 Special consideration shall be given for unique situations. Every effort shall be
made to protect trees growing near underground streams.
6.1.5 Storm water flooding and sedimentation of drainage areas shall be properly
considered before tree removal.
6.1.6 The relationship of vegetation to slope stability will be a primary consideration in
all proposed vegetation management on slopes.
6.1.7 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to
effectively decrease risk to other trees from pests and diseases. This may
include removal and destruction of affected materials, pesticide treatments and/
or alternative cultural practices. Other qualified experts shall be consulted as
needed. Refer to ISA BMP Integrated Pest Management; City of Ukiah
Integrated Pest Management Plan.
6.1.8 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible
to investigate and prosecute vandalism and illegal cutting of city -owned trees.
Compensation for damages shall be sought based on the appraised value in
accordance with The Guide for Plant Appraisal as authored by the Council of Tree
and Landscape Appraisers.
4 r City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
2. Planting: Planning before planting can ensure that the right tree is planted in the right
location. Proper tree selection and placement prevents tree damage and costly
maintenance like trimming. Consideration of water requirements and climate and
surrounding infrastructure such as sidewalks, sewer lines and overhead/underground
power lines shall improve the chances for optimum growth potential. Refer to the City of
Ukiah's Master Tree List; City of Ukiah Tree Planting and Maintenance Recommendations;
ISA BMP Tree Planting; and ISA BMPTree Support Systems.
6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever
feasible, a pro -active program of cultural practices shall be implemented to maintain the
health and vitality of City trees. Refer to ISA BMP Tree and Shrub Fertilization.
6.3.1 Trees in parks, fields and all other areas both developed and undeveloped:
1.
Soil Compaction: Every effort shall be made to avoid the
compaction of soil in root zones and to encourage penetration of
rainfall deep into the soil.
2. Mulch: Organic material such as mulch and leaves shall not be
removed under the tree canopy.
6.3.1.3 Crews shall, when feasible and practical, establish and maintain
the areas under tree canopies free of turf and invasive plant
species. The use of native grasses and plants are encouraged, as
are plants associated with the trees above them. Special
consideration shall be given to oak trees and the use of drought
tolerant plants near them.
6.3.1.4 Parking: Vehicles and equipment should be parked on paved
areas, streets and parking lots.
6.3.1.5 Pavement: The use of pavement within park and garden areas
shall be limited as much as possible, especially under tree
canopies. Whenever pavement is necessary the use of
permeable materials is preferred. Remove the affected curb and
damaged or cracked pavement due to root uplift when feasible.
Level the section with mulch, chips, sand, or gravel rather than
replacing the area with impervious materials.
6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf
blowers should not be used to blow debris with native soil.
6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to
the City
Integrated Pest Management policy.
5 1 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
6.3.1.8 Stakes: In the unusual situation when stakes are needed they
should be driven in outside the root ball. ISA BMP Tree Support
Systems shall be followed.
6.4 Construction around Trees: Protection devices shall be installed to protect the tree
and root zones when near or within construction zones. The root system extends at
least to the edge of the canopy or drip line of the tree with most of the fine feeder roots
active in the top few inches of the soil. These roots need air to stay healthy in order to
provide the tree with nutrients and water. This root zone shall be protected from
compaction, changes in soil grade, digging, or other disturbances.
Protective fencing and warning signage will be required around the root zone. All tree
protection devices shall be visible, well -anchored, and approved in the field by the
Supervisor or designee prior to clearing, grading, or beginning of construction and shall
remain in place and maintained until the project is completed. Refer to ISA BMP
Managing Trees During Construction and ANSI Construction Management and Standard.
6.5 Consultation with a Qualified Arboricultural Professional: When planning and
designing a public improvement project the City shall seek the appropriate qualified
expert when the project involves or is near a tree or trees.
6.6 Pruning Standards: The latest pruning standards established by the International
Society of Arboriculture shall be used in the maintenance of trees and are detailed in the
ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility
Pruning of Trees. Such maintenance will include:
6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance
and vehicle clearance.
6.6.2 Pruning dead, dying, and diseased sections to improve the health and
appearance of the tree and to prevent accidents.
6.6.3 Pruning for clearance around lighting and overhead lines.
6.6.4 Pruning back for authorized passage on service roads, walkways
and paths.
6.6.5 Pruning requested by a private property owner. Such requests do not obligate
the Department to prune trees, shrubs, and/or vegetation. It is the responsibility
of the business owner to plan their signage so that visibility is not affected by
growing trees.
6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in
order to improve general visibility and increased police surveillance.
g City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed
or harassed by pruning or removal activities. To avoid nesting season such activities shall
occur between September 1st and March 31st. Fish and Game Code 3503: "It is unlawful
to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory
Birds Treaty Act of 1918 also applies.
6.8 Unnecessary Wounding: Because "topping" of trees can cause permanent damage by
promoting decay, as well as unnatural, dense and weak branching structure, topping
shall not be practiced or permitted except under special circumstances. Not only can a
tree sustain wounds to the branches or top, it can also sustain wounds to the trunk.
Therefore, these policies shall reinforce the protection of the trunk area from wounds
associated with a lawn mower or other equipment.
6.9 Hazardous Tree Management: Public health, safety and general welfare will be
maintained through the use of generally accepted professional practices of evaluation
and treatment to reduce risks to people and property from hazardous trees. Attention to
proper selection, planting and maintenance of new trees shall also be pursued to achieve
long-term risk reduction.
1. The City of Ukiah shall assess and manage the risk of tree failure within the limits
of available fiscal and human resources. Priority shall be given to locations and
situations with high probability of failure and high potential damage or injury that
may result.
2. Notwithstanding an immediate hazard to safety and/or property, the City shall
utilize a written tree risk assessment methodology established by the ISA (ISA
Basic Tree Risk Assessment Form or equivalent) to evaluate the likelihood that
part or all of a tree will fail and cause damage and/or injury by a qualified
arboricultural professional. The components of the assessment shall include tree
health, species profile, site factors, history of failures, tree defects/conditions,
target assessment, risk categorization, mitigation options and recommend
inspection intervals when warranted.
6.9.3 Corrective action for high hazard rated trees shall be reasonable and prudent and
may include:
• Moving any at -risk structures, equipment, fixtures or recreational sites;
• Correction of the defect by pruning, cabling and bracing, or tree removal;
• Closure of the area
7.0 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree
or trees that shall be removed by posting a sign at the work site when feasible. The sign
shall contain the reason for the removal of the tree and the appropriate city department's
telephone number that the public may contact for further information. Tree removal will
include:
7.1 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
7.0.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to
public facilities.
7.0.2 Dead, dying or diseased trees.
7.0.3 Removal from properties being improved or developed under an approved
design, however, prior consideration to retention shall be given whenever
possible. Preference is to retain existing healthy trees when designing any
development rather than attempting mitigation.
7.0.4 Trees that block trails, drains or otherwise obstruct the use and function of
infrastructure elements.
7.0.5 Trees on sites that were over planted by design or are crowded from natural
competition. As the landscape grows, the Supervisor with consultation with a
qualified expert shall selectively remove trees on a site to maintain spacing for
optimal tree growth and function.
7.0.6 Removal requested by a private property owner. However, such requests do not
obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/
or vegetation.
7. Consideration shall be given for providing trunk and limbs for service projects
such as constructing benches and picnic tables. The use of wood chips for
mulching material around trees and vegetation in the parks is encouraged.
8. Any person aggrieved or impacted by a decision to remove a tree may appeal the
decision during the noticing period. A letter stating the reason(s) for the appeal
must be submitted to the City Clerk's Office. An appeal automatically stops any
action or non -action on the tree until the responsible Department Director has an
opportunity to review and consider the appeal. When feasible, the Director will
consult with the City's Tree Advisory Committee for additional input. The
Director's decision on an appeal is the final administrative determination.
The Director's final determination may be appealed to the City Council. The
appeal must be filed with the City Clerk's Office within 10 days of the Director's
determination and must be accompanied by supporting documentation from a
qualified arboricultural professional using the same tree risk assessment
methodology established by the ISA as detailed in Section 6.9.2.
1. Tree Replacement: At least one tree shall be planted for every tree that is removed
from City property. Replacement tree species shall be selected so that overall mature
canopy volume will be maintained or increased. It is preferable to plant the replacement
tree in close proximity to the original tree's location. The replacement tree may be
located elsewhere, if local conditions contributed to the previous tree's failure (See
Section 6.2). New locations should be found on the same site or in the same
neighborhood at a location of similar or greater value. Preference shall be given for
planting native trees whenever feasible.
_ ! City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
7.2 Replacement Plantings: The City shall undertake the task of replacement plantings to
mitigate the effects of vegetation removal and to reestablish the landscape and increase
overall mature forest canopy. The City shall determine the species of tree to be planted
on City property and the planting location. Every effort shall be made to select a species
compatible with the existing tree plantings on the street, the neighborhood identity, the
maturity of the trees, space available for growth, the presence of underground and
overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants.
7.3 Phasing: The City of Ukiah when appropriate shall consider a phased approach to
vegetation management to reduce potential short-term negative aesthetic and/or wildlife
habitat impacts (associated with such actions).
7.4 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for
native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and
creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah
Creeks Maintenance Policies and Procedures.
8.0 SUMMARY
These guidelines are set in place to enhance the urban forest within the City of Ukiah. As
industry standards change in regard to tree care, this document shall remain flexible to
incorporate needed changes.
9.0 GLOSSARY OF TERMS
For additional definitions, refer to the International Society of Arboriculture Best Management
Practices
9.1 Commemorative Program Tree Program provides an opportunity for the
public in celebrating an event or memorializing a loved one by the planting of a
young tree or trees while improving the appearance and canopy of City parks. A
tree or grove is purchased from the City of Ukiah to honor or memorialize an
individual or group. Such tree(s) are identified and recorded by the City of Ukiah
with the name of the tree species, dedicated individual or group and the name of
the donor.
9.2 Developed landscape is property that has been graded and/or planted, and
contains plantings that are distinct from typical native forest. These active and/
or passive recreational landscape areas are routinely maintained by park staff for
public use. Developed landscapes shall include, but are not limited to: lawns,
athletic fields, boulevards, golf courses including pitch and putt, lawn bowling
greens, play areas, squares, places, triangles, and swimming beaches.
9.3 Hazardous Tree is a tree that can be predicted to fail and has a high probability
of striking people or property causing injury or damage.
9 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
9.4 Invasive exotic vegetation consists of species of plants that are not native to
our region and exhibit aggressive growth to the exclusion of native or planted
landscapes and wildlife.
9.5 Landmark Trees are individual trees that have been designated as unique
because of size, historical/commemorative association, and distinct form, as an
outstanding specimen or are important for wildlife habit. Such trees will be given
extra protection and consideration for retention. Rules and regulations for
landmark trees are defined in the City's Landmark Tree Program and/or
Downtown Zoning Code.
9.6 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch
that is not sufficiently large enough to assume a terminal role or cannot be
expected to achieve wound closure to inhibit decay.
9.7 Tree Failure is the breaking and falling of a tree or any substantial part of a
tree. This does not include falling leaves or fruit.
9.8 Tree Root Zone is the area from the trunk to the drip line or the edge of the
unpruned canopy around a mature, uninjured tree or the anticipated root zone of
a young tree.
9.9 Qualified Arboricultural Professional is a tree care professional with a
minimum of two years of experience in the evaluation and care of trees in
combination with a professional license or certification that measures minimum
competency in relevant subjects, including protection of public health, safety and
welfare. Acceptable titles include Certified Arborist, Registered Consulting
Arborist, Registered Professional Forester, and Landscape Architect.
9.9.1 Undeveloped Landscape is property that contains native or volunteer (self -
propagated) plants and is not intended for recreational use except along
designated trails. Undeveloped landscapes are (usually) not as intensively
maintained as developed landscapes.
10.0 ADDITIONAL RESOURCES
Additional City and other tree -related documents that incorporate tree guidelines are available
electronically through the Intranet. The Department Director shall provide the The International
Society of Arboriculture Best Management Practice booklets, American National Standards
Institute related documents and Mendocino County ReLeaf materials to their employees.
These documents are:
Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent
(Ordinance 869, adopted 1987)
Community Forest Management Plan
10 I City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
Tree Protection and Enhancement Policy
Tree Planting and Maintenance Recommendations
Master Tree List
Integrated Pest Management Plan, Community Service Department
Creek Maintenance Policies & Procedures
Form Based Zoning Preservation Tree List
General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended
6/16/2004
Landscaping and Streetscape Design Guidelines
Commercial Development Design Guidelines
International Society of Arboriculture Best Management Practices (ISA BMP): Managing
Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support
Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree
Inventories; Integrated Vegetation Management
American National Standards Institute (ANSI): Construction Management Standards
Mendocino County ReLeaf Tree Care Guide
Hillside Ordinance 9135
11 City of Ukiah Tree Management Guidelines
Attachment C
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability — Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
11. Minimum Limits of Insurance
Contractor shall maintain limits no Tess than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease.
111. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor; and with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Contractor's
insurance, or as a separate owner's policy.
B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers' compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor's insurance and shall not contribute with it.
Rev: 11 /20/08
Page 1 of 2
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for
financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating.
VI. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 FAX (707) 463-6204
Rev: 11/20/08 Page 2 of 2
PURCHASING DEPARTMENT
411 West Clay Street, Ukiah CA 95482
(707) 467-5719
sstrader@cityofukiah.com
Specification E37611 - Tree Trimming at the Ukiah Airport
Addendum No. 1
February 11th, 2020
The following is Addendum No. 1 to Specification E37611 Tree Trimming at the Ukiah Airport.
This Addendum is hereby made part of the Contract Documents to the same extent as though it were
originally included therein.
1. BID OPENING DATE HAS CHANGED. The bid opening has been changed to 1:30 PM, Tuesday
March 3rd, 2020.
2. NON -MANDATORY PRE-BID MEETING: There will be a non -mandatory bid meeting so
contractors can review worksite and trees to be trimmed. This will be the only available time to
do a site review with City staff. Non -Mandatory Pre -Bid Meeting will be held at 10:00 a.m. on
February 25th, 2020 starting at the City of Ukiah Airport Office located at 1403 S. State St, Ukiah.
Oral statements or instructions made during the meeting will not constitute an amendment to
this solicitation. The City will determine the appropriate action necessary, if any and may issue a
written amendment to the bid request.
3. Please note: If you have already submitted a bid and wish to submit a revised proposal prior to
the revised bid opening date, you may do so.
All other terms and conditions remain in full force and effect.
Ste,Le•JAiL
Seth H. Strader
Buyer
Page 1 of 1
PURCHASING DEPARTMENT
411 West Clay Street, Ukiah CA 95482
(707) 467-5719
sstrader@cityofukiah.com
Specification E37611 - Tree Trimming at the Ukiah Airport
Addendum No. 2
March 2nd, 2020
The following is Addendum No. 2 to Specification E37611 Tree Trimming at the Ukiah Airport.
This Addendum is hereby made part of the Contract Documents to the same extent as though it were
originally included therein.
Q1: What do I need to obtain before work is to be performed onsite?
Al: Written permission from the property owner is required before work can begin at each location. The
Airport Manager will coordinate scheduling with property owners and contractor.
Q2: What if the property owner would like to have the tree be completely removed?
A2: If property owner wishes the tree(s) to be completely removed rather than trimmed contractor is
responsible for getting property owners written permission to do so. The City of Ukiah will be
responsible for payment of that additional work, but only for the specific tree(s) that has been identified
to be trimmed at that address. This would be handled as a change order that would need to be pre -
approved by the City.
Q3: How many trees are to be trimmed? What addresses is work to be performed?
A3: There are six trees to be cut down; one (1) tree at 1195 S. State St., two (2) trees at 2405 S. State St.
and three (3) trees at 2455 S. State St.
Q4: Can the trees that need to be trimmed be flagged or marked?
A4: All trees to be worked on will be flagged or marked by City staff prior to any work being done.
All other terms and conditions remain in full force and effect.
5� w
Seth H. Strader
Buyer
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