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HomeMy WebLinkAbout2009-028 RESOLUTION NO, 2009-28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $100,000 TO TREE ELEMENTS, INCORPORATED FOR ADDITIONAL TREE TRIMMING SERVICES. WHEREAS, The current Purchase Order Number 209499 with Tree Elements will remain open and a new Purchase Order and Agreement will be issued in the amount of $100,000 for FY 08-09. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Tree Elements submitted the lowest bid for tree trimming services per RFP F-08-25. SECTION 2, The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a new Agreement between the City of San Bernardino and Tree Elements, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 3. That pursuant to this determination the Director of Finance or her designee is hereby authorized to issue a new Purchase Order to Tree Elements in the amount of $100,000. SECTION 4. The Purchase Order shall reference this Resolution No. 2009-28 and shall read, "Tree Elements Incorporated for additional tree trimming services." SECTION 5. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if the Agreement is not executed by both parties 25 26 within sixty (60) days of the passage of this resolution. 27 III 28 ,2009-28 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $100,000 TO TREE ELEMENTS, INCORPORATED FOR ADDITIONAL TREE TRIMMING SERVICES, I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular 6 meeting thereof, held on the 7 following vote, to wit: 8 Council Members: AYES 17th , 2009, by the day of February NAYS ABSTAIN ABSENT 9 10 11 ESTRADA x BAXTER x 12 BRINKER 13 14 15 x VACANT KELLEY x JOHNSON x 16 MCCAMMACK 17 18 19 20 x (2~ P. ~ '- Rachel G. Clark, City Clerk hereby approved this /9 nr , day of The foregoing resolution is Februarv ,2009. 21 22 23 24 Approved as to Form: 25 26 27 28 ~or City of San Bernardino 2009-28 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 17th day of February 2009, by and between Tree Elements Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Connnon Council have determined that it is in the best interest of the CITY to issue a new contract for tree-trimming services; and WHEREAS, the City of San Bernardino did solicit and accept bids from a number of vendors for tree-trinnning services per RFP F-08-25, and Tree Elements Incorporated submitted the lowest qualified bid. 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 Specification No. RFP F- 08-25, for tree-trinnning 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 $100,000, for tree-trinnning services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. -1- EXHIlUT "A" 2009-28 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. The term of this agreement shall be a period of one year. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify 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 or 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 of the 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 indemnity, 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 indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the 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 -2- EXHIBIT "A" 2009-28 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 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. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of 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, except as permitted pursuant to Section 12940 of the California Government Code. 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 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 license, permits, -3- EXHIBIT "A" 2009-28 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 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. 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 -4- EXHIBIT "A" 2009-28 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 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 the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the 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 subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. 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 manner of this Agreement. This Agreement may be modified or am~nded only by a written instrument executed by all parties to this Agreement. -5- EXHIBIT "A" 1 2 3 4 5 6 7 8 9 2009-28 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: ,2009 10 Dated 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 c:<....//9 ' 2009 / Approved as to Form: ?,k 28 VENDOR By: t'-~ ~ ,--, t:- Its: ( rc..-$I,) e.,. r ERNARDINO -6- EXHIBIT "A" 2009~28 ATTACHMENT "1" RFP F-08-25 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-oS-25 Tree Trimming Services Contract NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" PROJECT DESCRIPTION The Public Services Department, Streets Division is responsible for trimming 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 Calenorv I Accenlable I "As specified" 1. GENERAL SERVICES General services will consist Of: Acceptable 1) street tree trimming 2) street tree aesthetic trimming 3) palm tree trimminQ 2009-28 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 perfonned 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 hiahlv skilled in the profeSSional callina Acceptable Acceptable Acceptable Acceptable RFP F-08-25 2009-28 RFP F-08-25 necessary to perform Tree Trimming Services. The vendor warrants that all employees and su bcontractors 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 Califomia 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. 2009-28 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. Acceptable 10. WASTE DISPOSAL 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 turn 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 As Specified 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 soecies, calioer, variety (botanical and Acceptable RFP F-<l8-25 2009-28 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-COMPLIANCE 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 2009-28 RFP 1'-08-25 deficiencies within the stated time frame. the Public SelVices Director, or his designee, may exercise the following measures: 1. 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. 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