HomeMy WebLinkAbout2008-372
1
RESOLUTION NO. 2008-372
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $138,900 WITH
4 THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE
CITY OF SAN BERNARDINO AND TREE ELEMENTS INCORPORATED FOR
TREE-TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO.
2
3
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That Tree Elements Incorporated submitted the lowest bid for
9 tree-trimming services per RFQ F-08-25.
10 SECTION 2. That the City Manager of the City of San Bernardino is hereby
11
12
13
14
15
16
17
18
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Tree Elements Incorporated, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length.
SECTION 3. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a Purchase Order to Tree Elements
Incorporated in the amount of $138,900.
19
20
"J-e7:z..
21
22
23
24
SECTION 4. The Purchase Order shall reference this Resolution No.
and shall read, "Tree Elements Incorporated for tree-trimming services, not
to exceed $138,900" and shall incorporate the terms and conditions of this Resolution.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if not issued within sixty (60) days of the passage
25 of this Resolution.
26 III
27
III
28
2008-372
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $138,900 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE
CITY OF SAN BERNARDINO AND TREE ELEMENTS INCORPORATED FOR
TREE.TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 Approved as to Form:
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
day of September
15th
, 2008, by the
meeting thereof, held on the
following vote, to wit:
Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~;f;. ~
Rachel G. Clark, City Clerk
hereby approved this /cP/7f
day of
The foregoing resolution is
September , 2008.
26
27
28
.L
By'
J mes F. Penman
ity Attorney
..
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of September 2008, by
and between Tree Elements Incorporated ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for tree-trimming services; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for tree-trimming services; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servICes of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
08-25, for tree-trimming services, dated June 11,2008, attached hereto as Attachment "I" and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed amount of $138,900, for
tree-trimming services.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
EXHIBIT "A"
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. TERM; TERMINATION.
The term of this agreement shall be from September 2, 2008 through June 30, 2009,
with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
July I, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July I,
2011 through June 30, 2012. Each option shall be exercised by written agreement of the
parties executed on or before expiration of the current term.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indenmify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment ofthe work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indenmity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indenmity against the City, its elected officials, employees, agents or representatives, with
EXHIBIT " A"
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment ofthe work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
EXHIBIT" A"
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Tree Elements Incorporated
22605 E. La Palma Ave., Suite 509
Yorba Linda, CA 92887
Telephone: (714) 694-1916
Contact: Keith Hennig
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
EXHIBIT" A"
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws ofthe State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subj ect headings ofthe sections ofthis Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsions.
III
EXHIBIT" A"
2008-372
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or ofthe offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject marmer
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
III
III
III
III
III
III
III
III
III
III
III
III
III
EXHIBIT "A"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2008-372
VENDOR SERVICE AGREEMENT
TREE ELEMENTS INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: 11'/ I ,2008
VENDOR.
4
By: /. /'.--<:'1 -
Its: T-<~ .A~r
Dated ~/;1()r ,2008
CITY 7aSAN BERNARDINO
By: It !t---J
Approved as to Form:
Lori Sassoon
Acting City Manager
lev.-
F. Penman, City Attorney
EXHIBIT "A"
2008-372
ATTACHMENT "1"
RFP F-08-25
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-08-25
Tree Trimming Services Contract
NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER"
PROJECT DESCRIPTION
The Public Services Department, Streets Division is responsible for trimn'ling
52,000 trees citywide. The goal of the Tree Trimming Services program is to
keep all city-owned trees trimmed. The intent of this document is to solicit
proposals from highly trained and qualified vendors with experience in providing
Tree Trimming Services. The City is looking for the most responsive and
responsible vendor that will be committed to provide the best level of service in
maintaining the City's trees. Through a competitive qualification and bid based
procurement process, the City of San Bemardino intends to enter into an
agreement with a qualified vendor for Tree Trimming Services,
The vendor will be expected to use its own equipment, tools, traffic control and
manpower to trim the City's trees, The vendor will also be responsible for
material disposal.
Services:
Bidder shall complete right-hand column indicating brief reasoning
for exceptions to requirements when not acceptable. State
"Acceptable" if requirements are agreeable as set forth in left-hand
column,
Equipment:
Bidder shall complete right-hand column indicating specific size and
or make and model of all components when not exactly as
specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
Cateaorv I Acceatable I "As soecified"
1. GENERAL SERVICES
General services will consist of: Acceptable
1) street tree trimming
2) street tree aesthetic trimming
3\ calm tree trimmina
4) tree and stump removal
5) root pruning
6) tree planting
Please provide a cost breakdown for each section
that is serviced in categories 1-6.
All trees assigned for trimming in any given month
should be trimmed in thirty (30) working days or
less.
General Services will not include emergency
service calls,
2. SCHEDULE
The Contractor shall meet with the City's
representative on Monday's between 8:00 AM and
8:30 AM in the Street Division office for the purpose
of reviewing the week's work, receiving special
instructions, and discussing any problems
encountered on the job.
A list and map of the City trees that need work shall
be given to the Contractor monthly, or more
frequent if deemed necessary, by the City,
3. EMERGENCY WORK CALL OUT
Three (3) men including all necessary
equipment/disposal fees included and zero material
markup.
Emergency response should be within 24 hours. A
cost per hour per emergency shall also be
proposed. This must include all manpower,
equipment, tools, traffic control and disposal costs,
4. STANDARDS OF PERFORMANCE
Services shall be performed under the Contract in a
skillful and competent manner; consistent with the
standards generally recognized as being employed
by professionals in the same discipline in the State
of California. The vendor represents and maintains
that it is highly skilled in the professional callina
Acceptable
Acceptable
Acceptable
Acceptable
2008-372
RFP F-08-25
2008-372
RFP F-08-25
necessary to perform Tree Trimming Services.
The vendor warrants that all employees and
subcontractors shall have sufficient skill and Acceptable
experience to perform the Services assigned to
them.
5. QUALIFICATIONS/LICENSES
Qualified personnel shall perform all services. The Acceptable
vendor represents that it, its employees and
subcontractors have all licenses, including the State
of California contractors license, permits,
certifications, qualifications and approvals of
whatever nature that are legally required to perform
the Services, including a City business license, and
that such licenses and approvals shall be
maintained throughout the term of this Contract.
6. SUBCONTRACTORS
The vendor must disclose all subcontractors prior to Acceptable
being awarded the bid.
7. EQUIPMENTAND PERSONNEL
The vendor will provide all equipment, and trained
personnel to provide timely tree trimming services,
Provide a feedback mechanism to keep the City As Specified
informed on the status of each tree that is trimmed
or completed work. The vendor must have the
following equipment and personnel:
1. Dump truck & chipper with operator
2. 60' Aerial Tower with operator
3. Stump grinder with operator
4. 910 Front End Loader with operator
5, 12 Ton Crane with operator
6. Roll-off Truck with operator (does not include
dump fees)
8. FIXED FEE
Provide a pricing proposal that is a fixed fee per
tree. Also include a cost per inch of trunk diameter Acceptable
on complete tree and stump removals.
9. EXPERIENCE
The vendor shall be knowledgeable of matters
pertaining to tree trimming services. The vendor
must have a minimum of five (5) years' experience
in providing quality tree trimming services. All
crewmembers performing trimming services must
also have an arborist license. The City of San
Bemardino desires a vendor that considers tree-
trimming services a high priority.
10. WASTE DISPOSAL
Acceptable
All tree branches, brush, tree trunks and other
materials produced as a result of the Contractor's
operations under this contract become the property
of the contractor. The Contractor will be required to
reduce, reuse, recycle andlor transform all materials Acceptable
whenever possible. Their materials shall not be
deposited in a landfill.
Ensure all waste materials generated from the
services are properly disposed of in accordance
with all applicable laws and regulations. All costs
for waste disposal are to be included in the Contract
price. Provide details of method of disposal or
name and license number of the company that will
provide these services for you.
The vendor must tum in all dump and weight slips
for waste disposal.
11. BROCHURES
The Contractor will provide brochures that are
suitable to the Public Services Director, or his
designee, that describe the tree trimming process
and should be readily accessible to the citizens of
San Bernardino. These brochures should be
available in both English and Spanish. A sample
brochure must be included with your bid
submission.
12. BILLING
Billing is to be by address, Council Ward, and
include tree species, caliDer, variety {botanical and
As Specified
Acceptable
2008-372
RFP F-08-25
2008-372
RFP F-08-25
common), trim date, condition and appropriate data
acceptable to the Public Services Director, or his Acceptable
designee.
13. TREE INVENTORY DATABASE
The Street Division maintains a database of the
existing trees in the City. The Contractor will be Acceptable
responsible for providing the City with information to
keep the system current and accurate.
14. PICTURES
The Contractor is to supply, at no cost to the City; As Specified
some representative pictures of "before" and "after"
trimming that are suitable for reproduction when
requested by the City.
15. CONTRACT LENGTH
The length of this contract shall be for one (1) year
with three (3) one-year extensions at the City's
option. Acceptable
16. REFERENCE LIST
Provide three (3) local government agencies and/or
company's previous or current contact references As Specified
that support your ability to provide Tree Trimming
Services.
17. CONTRACTOR NON-COMPLlANCE
A. If the Public Services Director, or his designee,
determines that there are deficiencies in the
performance of this Agreement, the Public Acceptable
Services Director, or his designee, will provide a
written notice to the vendor stating the
deficiencies and specifying a time frame to
correct the specified deficiencies, This time
frame shall be at least a 30 day notice or as
determined by the Public Services Director, or
his designee, to correct the specified
deficiencies.
B. Should the vendor fail to correct anv
2008-372
RFP F-OS-25
deficiencies within the stated time frame, the
Public Services Director, or his designee, may
exercise the following measures:
i. Deduct from the vendor's payment the Acceptable
amount necessary to correct the
deficiency, including City overhead costs
and impose a deficiency deduction,
2, Withhold the entire or partial payment
3. Terminate the contract
2008-372
RFP F-08-25
REQUEST FOR RFQ:
RFQ F-08-25
DESCRIPTION OF RFQ:
Tree Trimming Services Contract
BUSINESS NAME/ADDRESS: 'l'r.... F.l..m..nt-" Tn"
??hOt; F. T.;::il P.=.lm~ ll'T~ II.t;OQ
Vnrh.::a
T.inn;::il
.
r:aQ?AA7
NAME
AUTHORIZED REPRESENTATIVE
~12;~
TELEPHONE:
(714\f;q4_1q1(;
EMAIL:
infoatrAPplpmpnt~ ~nm
FAX:
(714)(;q4-1qR1
2008-372
1-(1) 0 0 0 0 0 0 0 0
~I-~ 0 ~ ~ 0 ~ ~ --' 0 W
<Xl <Xl <Xl <xi 0 0 <( .0 J:
0(1)- e') ID ID ...... ...... ...... C) <0 ~
-w
(,) 0::: :r: ...... '" ...... Z
1-0<( ~ !;(
(l)COZ ~ C"I
WO:::<( w to
$<( w .c:
EI7 EI7 EI7 EI7 EI7 EI7 EI7 CIl
<II
(,) 0 0 0 0 0 0 0 0 E
~ ~ ~ 0 ~ 0 0 w
0&;(2 <Xl 0 ID <<t ID .0 .0 J: Z ...s:
'<t ...... ID N ...... 0) I"'- ~ <( v
w (,) OJ ...... ...... w
1--<( ~ Z Q d
-u..:r: z
z_ ...
::>(,)<( w 9 4-
<(--I W
Q. EI7 EI7 EI7 EI7 EI7 EI7 EI7 CIl en <(
CCl 0 0 0 0 0 0 0 0 !:: >-
0 0 ~ 0 0 0 0 ~ 0 Z ,g
0
N I"'- 0) 0) <D <0 I- .0 OJ ID .0 ::> 'C
- '<t <0 <0 ...... 0 0) 0::: <0 e') a:: CIl
f- ;: d;~j~,. 0 I- ...... ...... w 'C
a. "-
ill (l) 'i'" L u.. ::> ill z 0
w J,' 0::: 0 w u
I UJ - a:: tl.
Q. $ I-
en a::
& EI7 EI7 EI7 EI7 EI7 EI7 EI7 EI7 w
a.
<( 0 '" ID ID ID 0 0 0
ID r-: l"'- N I"'- ~ 0 w
~ <<t <xi .0 J:
<0 <0 '<t <Xl ~
~ N '<t '<t ...... I"'- 0)
:J ~ Z
en
0 w
EI7 EI7 EI7 EI7 EI7 EI7 EI7 W
fJJ CIl
0 0 0 ID 0 0 0
ID '" ID I"'- ID ID '"
ID .0 .0 r--: <xi .0 <Xl s:
...... '<t 0) ...... <Xl I"'- <0 W 0
...... ...... N N Z 0:::
0 Z 0:::
z 0
:5
EI7 EI7 EI7 EI7 EI7 EI7 EI7 ci
~
.E
~ "5
III '" 0
?J Co J: >-
'lil ~ ,g
.~ 8 ..
Co 'C
Q) ~ 'lil
CI) ro CIl
CIl ~ 0 u
"
.... > ~ ~ c
OJ .... 0 .... z :::s
c Q) E :::s .... 0
E 0- Q) 0 0 c
E 'liS E E 0::: ro >- c
N 'C ~ III
;: 0 l- E 'C 0- (,) ....
W I- 0 'C l- E 0 'C
~ C
~ CI) Q) I- Q) :::J +:l ~ "0 C
~ Q) 0 .... c C III
.... ~ (I) Cll c Q)
D.. l- I- +:l Q) 'C
Q) I- oI:S Q. ~ > CIl
.s:: E ro c
:5 'liS Q) Q) Q) CIl
"ffi ~ ~ E 0
s: Q) 0 a.
<( Q. l- I- W --I 0