Loading...
HomeMy WebLinkAbout2009-315 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 --~ RESOLUTION NO. 2009-315 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 $288,900 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INCORPORATED FOR TREE-TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. WHEREAS, West Coast Arborists, Incorporated is the lowest and best bidder · for tree-trirnrning services per San Bernardino Municipal Code Section 3.04.070 (f) and RFQ F-09-18; and WHEREAS, the terrn of the Agreernent shall be frorn Septernber 8, 2009 through June 30, 2010, with three (3) one-year extensions at the City's option. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City. Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreernent between the City of San Bernardino and West Coast Arborists, Incorporated, a copy of which is attached hereto, rnarked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That pursuant to this deterrnination the Director of Finance or her designee is hereby authorized to issue a purchase order to West Coast Arborists, Incorporated in the arnount of $288,900 for FY 09-10. SECTION 3. The Purchase Order shall reference this Resolution Nurnber and shall read, "West Coast Arborists, Incorporated for tree-trirnrning services. Agreernent not to exceed $288,900" and shall incorporate the terrns and conditions of the agreernent. III 2009-315 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $288,900 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE 3 CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INCORPORATED 4 FOR TREE-TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. 5 6 7 SECTION 4. The authorization to execute the above referenced Purchase Order and Agreernent is rescinded if it is not executed by both parties within sixty (60) 8 days of the passage of this resolution. 9 III 10 11/ 11 III 12 13 III 14 III 15 III 16 III 17 III 18 11/ 19 III 20 III 21 22 III 23 III 24 III 25 III 26 III 27 28 III -- 2009-315 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $288,900 WITH 3 THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INCORPORATED 4 FOR TREE-TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the joint 7 Mayor and Cornrnon Council of the City of San Bernardino at a regular 8 6 rneeting thereof, held on the 8th day of September , 2009, by the 9 following vote, to wit: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Council Mernbers: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x Q ~'-I 1... /:J tL~A_iL RaChel G. Clark, City Clerk The foregoing resolution IS hereby approved this ?rl< day of September , 2009. 24 25 26 27 By-' 28 arnes F. Penrnan ity Attorney Approved as to Forrn: -- 2009-315 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 8th day of September 2009, by and between West Coast Arborists, 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 bids from available vendors for tree-trimming services per RFQ F-09-l8; and, WHEREAS, Vendor is the lowest and best bidder to provide said services to City; NOW, THEREFORE, thc 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 Spccifications No. RFQ F- 09-18, for tree-trimming services, dated July 20, 2009, 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 hereof, an amount not to exceed amount of $288,900, for tree-trimming services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit "A" 2009-315 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 8, 2009 through June 30, 2010. with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 20 I 0 through June 30, 20 II. Option year two, if exercised, shall be effective July 1,2011 through June 30, 2012. Option year three, if exercised, shall be effective July I, 2012 through June 30, 2013. 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 the date of expiration of the current term of the agreement. 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 Exhibit "A" 2 - 2009-315 respect to third party claims against the V cndor relating to or in any way connected with the accomplishment of the work or pcrfonnance of services under this Agreement. 1 2 3 S. INSURANCE. 4 5 6 7 8 9 10 11 12 13 14 In the performancc of this Agreement and in the hiring and rccruitment of employees, 15 16 VENDOR shall not engage in, nor pennit its officers, cmployees or agents to engage in, 17 discrimination in employment of persons because of their race, religion, color, national origin, 18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 19 sexual orientation, or any other status protected by law. 20 7. INDEPENDENT CONTRACTOR. 21 VENDOR shall perform work tasks provided by this Agrecment, but for all intents and 22 23 purposcs VENDOR shall be an independent contractor and not an agcnt or employee of the 24 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 26 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 27 28 Whilc not rcstricting or limiting the forcgoing, during the ternl of this Agreement, VENDOR shall maintain in cffect policies of comprehensive public, gcneral and automobile liability insurance, in the amount of S I ,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 hercunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or ternlination in the policy. 6. NON-DISCRIMINA nON. Exhibit "All 3 2009-315 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 perfornled 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, pernlits, 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: West Coast Arborists, Incorporated 2200 E. Via Burton St Anaheim, CA 92806 Telephone: (714) 991-1900 Contact: Patrick Mahoney 11 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 reeover 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 enforccment of any of the tenns, 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. Exhibi.f "A" - 2009-315 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 tennination of this Agrccmcnt. Regardless of CITY's consent, no sublctting o~ assignment shall release VENDOR of VENDOR's obligation to perfonn all other obligations to bc perfonned by VENDOR hereunder for the tern] of this Agrccment. 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, Rivcrside Division. The aforementioned choice ofvcnue is intcnded by thc parties to be mandatory and not pennissive 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 ofthc parties to this Agrecment and their respective heirs, reprcscntatives. successors, and assigns. 15. HEADINGS. The subject headings of the scctions of this Agreemcnt arc includcd for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIOns. III Exhibit "Aft 5 -- 2009-315 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. SEVERABILlTY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any rcason, such detennination shall not affect the validity or enforceability of the remaining temlS and provisions hereof or of the 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 maImer 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" 6 1 2 - 2009-315 VENDOR SERVICE AGREEMENT WEST COAST ARBORISTS, INCORPORATED 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 5 6 7 8 date set forth below. Dated: 1/1/ I 9 Dated 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to Fonl1: ,2009 West Coast Arborists, 1nco By: ~ ,2009 B ~ . Penman, City Attorney Exhibit "A" 7 2009-315 ~* ATTACHMENT "1" [---o""""p- ....... . Y' '.=,l':~ ; ,oftssionals Serving Communities If/ho Care About Trees www.WCAINC.com July 20, 2009 City of San Bernardino 300 North "D" Street 4th floor, Purchasing San Bernardino, CA 92418 RE: RFQ F-09-18 - TREE TRIMMING SERVICES CONTRACT DUE: Tuesday, July 21,2009 @ 10:00am To Whom It May Concern: Thank you for allowing us the opportunity to submit a proposal for the tree trimrning services project for the City of San Bernardino. Enclosed please find our bid package for the above mentioned project. Our cornpany has been in business since 1972. We are licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1976. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). Also, we have an A+ rating from the bonding board. Arnong our 500 employees, we currently ernploy nearly 40 Certified Arborists and 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. We perform all work' with WCA employees. We will not use subcontractors for this project. Once again thank you for the opportunity. We look forward to working with the City of San Bernardino on this very important project. If you have any questions or require additional information, please do not hesitate to call me at (BOO) 521-3714. Sincerely, th~Mfor1- Victor M. Gonzalez Vice President/Marketing West Coast Arborists, Inc. . 2200 E. Via Burton Street . Anaheim, CA 92806 . 714.991.1900 . 800.521.3714 . Fax 714.956.3745 ~. 2009,..315 RFP F-09-18 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-18 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 Bernardino 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. Equiprnent: Bidder shall complete right-hand colurnn 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 Cate 0 I 1. GENERAL SERVICES General services will consist of: 1) street tree trimming 2) street tree aesthetic trirnming 3 aim tree trimmin Acceptable 2009-315 4) tree and stump rernoval 5) root pruning 6) tree planting For clarification, street tree trirnming Is raising the skirt and removing any hazardous limbs. Aesthetic trimming is raising the skirt removing all dead or dying limbs, thinning, shaping, and crown reduction as needed. 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. The trimming will be request-driven and trees will vary in size according to the request. We have mature trees and developing trees and the best way to get a feel for the size of trees is to drive different areas of the City and look at the trees. Approximately 150 trees will be assigned for trimming each month. 2. SCHEDULE The Contractor shall meet with the City's representative on Monday's between 7:00 AM and 7:30 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 of the City trees that need work shall be given to the Contractor monthly, or more frequent if deemed necessary, by the City. The City will provide maps and location to all requested trees needing maintenance. . 3. EMERGENCY WORK CALL OUT Three 131 includino all necessarv men Acceptable Acceptable Acceptable RFP f-09.18 2009-315 RFP F-ll9-18 equipment/disposal fees included and zero material rnarkup. Emergency response should be within 24 hours. A cost per hour per emergency shall also be Acceptable proposed. This must include all manpower, equipment, tools, traffic control and disposal costs. The emergency call out includes travel time 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 Califomia. The vendor represents and rnaintains Acceptable that it is highly skilled in the profeSSional calling necessary to perform Tree Trimming Services. The vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perfonn the Services assigned to them. 5. QUALIFICATIONS/LICENSES Qualified personnel shall perform all services. The vendor represents that it, its employees and subcontractors have all licenses, including the State . of California contractors license, permits, Acceptable certifications, qua lifications 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 throughoullhe tenn of this Contract. 6. SUBCONTRACTORS The vendor rnust disclose all subcontractors prior to Acceptable being awarded the bid. 7. EQUIPMNETAND PERSONNEL The vendor will provide all equipment, and trained personnel to provide tirnely tree trimming services. Acceptable Provide a feedback mechanism to keep the City inforrned on the status of each tree that is trimmed or completed work. The vendor must have the 2009-315 following equipment and personnel: 1. Durnp 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. Roli-off Truck with operator (does not include dump fees) The Crew leader rnust be a certified Arborist. 8. FIXED FEE Provide a pricing proposal that is a fixed fee per tree. Also include a cost per inch of trunk diarneter on cornplete tree and stump removals. Prevailing wage must be paid for the term of this contract. Prevailing wage reports shall accompany all invoices. 9. EXPERIENCE The vendor shall be knowledgeable of matters pertaining to tree trimming services. The vendor rnust 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 Bernardino desires a vendor that considers tree- trimming services a high priority. 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 and/or transform all materials 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 disoosal are to be included in the Contract As Specified Acceptable Acceptable Acceptable RFP F.09.18 2009-315 RFPF-09-18 price. Provide details of method of disposal or narne and license number of the company that will provide these services for you. Acceptable 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 Acceptable 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, caliper, variety (botanical and Acceptable common), trim date, condition and appropriate data acceptable to the Public Services Director, or his' designee. 13. TREE INVENTORY DATABASE The Street Division maintains a database of the Acceptable existing trees in the City. The Contractor will be 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; some representative pictures of "before" and "after" Acceptable 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 Acceptable with three (3) one-year extensions at the City's option. 2009-315 16. REFERENCE LIST Provide three (3) local government agencies and/or company's previous or current contact references 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 perforrnance of this Agreement, the Public 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 any deficiencies within the stated tirne frame, the I Public Services Director, or designee, may exercise the following measures: 1. Deduct from the vendor's payrnent the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. 2. Withhold the entire or partial payrnent 3. Terminate the contract Acceptable Acceptable RFP F-G9. J 8 2009-315 RFP F-09-18 REQUEST FOR RFQ: RFQ F-Q9-18 DESCRIPTION OF RFQ: Tree Trimming Services Contract BUSINESS NAME/ADDRESS: West Coast Arborists. Inc. 2200 E. Via Burton Street NAME AUTHORIZED REPRESENTATIVE Patrick Mahoney, President TELEPHONE: EMAIL: 714/991-1900 prnahoney@wcainc.com FAX: 866/936-0739 Please provide detailed Finn Fixed Price cost information in the spaces provided below. and any other Incidental or additional costs required to complete the Technical Specifications. A. GENERAL SERVICES 1. Cost per Street Tree Trimming $ 40.00 2. Cost per Street Tree Aesthetic Trimming $ 50.00 3. Cost per Palm Tree Trimming $ 50.00 4. Cost per Inch ofTrunk Diarneter on Tree and Stump Removal $ 18.00 5. Cost per Root Pruning $ 40.00 6. Cost per Tree Planting $100.00 2009-315 RFP F-09.18 B. EMERGENCY WORK 1. Call Out Cost per Hour (includes all manpower, equipment, tools, traffic control, disposal costs, and zero material markup.) $ 60.00/man/hr C. OTHER: See Additional PaQe $ Attach additional pages, if necessary for other services not listed above. ANNUAL PURCHASE ORDER Effective on or about August 1, 2009 through June 30, 2010 plus three (3) single-year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Contract Tree Trimming Service. Ootion year one, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1,2011 through June 30, 2012. Ootion ye;ar three, if exercised, shall be effective July 1, 2012 through June 30, 2013. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall becorne effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs that will be required by yoU~ in order to meet the requirements of the Technical Specifications? Yes No (circle one). If you answered "Ves", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. N/A ~ou included in your Bid all informational items and forms as requested? Yes No. (circle one). If you answered "No', please explain: 2009-315 k PRICE SCHEDULE 11 City of San Bernardino - Additional Tree Maintenance Services Description Unit Unit Cost Crew Rental Services per rnan hour $60.00 The standard crew consists of three rnen, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equiprnent can be rnodified to cornplete any type of rniscellaneous tasks. Service request pruning/Crown restoration each or Crown reduction pruning $149.00 Palm Tree Skinning per linear foot $15.00 Tree Only Removal per dia. Inch $10.00 Stump Only Removal per dia. Inch $8.00 Specialty Equipment - 30-ton crane - 95-ft aerial tower per hour per hour $120.00 $120.00 Tree Planting Services (price includes tree. labor, and rnaterials) 24 inch box 36 inch box each each $245.00 $800.00 Arborist Services & Report Writing hourly $120.00 Tree Watering per day $450.00 Contractor agrees to extend contract terrns, conditions and prices to all qualified agencies. The CITY, at its option and with CONTRACTOR concurrence, rnay renew this contract for additional three year periods, in one year increments, on the same terrns and conditions as provided herein. This option rnay be exercised only if the CONTRACTOR demonstrates superior perforrnance in the provision of tree rnaintenance services during the prior five year contract term, assurning all of the annual renewal options were awarded. 2009-315 RFP <.09.1 S This offer shall remain firm forgO days from RFO close date. Terms and conditions as set forth in this RFO apply to this Bid. Cash discount allowable 2 % 20 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this Bid, Bidder(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFO. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda waslwere received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: 1 Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Patrick Mahoney, President DATE SIGNED: 7/20/09 COMPANY NAME & ADDRESS: West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 PHONE: 714/991-1900 FAX:S66/936-0739 EMAIL:pmahoney@wcainc.com IF SUBMITTING A "NO BID", PLEASE STATE REASON (5) BELOW: 2009-315 RFPF-09.18 NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint offree competitive Bid in connection with RFQ F-09-18. Business Name West Coast Arborists, rne. Business Address 2200 E. Signature of Bidder(s) Anaheim, California Place of Residence Subscribed and sworn before me this 20th day of Jul y ,2009. Notary Public in and for the County of Orange California. , State of My commission expires January 27 . 20.bL. 2009-315 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~r:-,";;;.~.::Qt::E"viF:..~<:i:-~.. County of Orange } State of Calilornia On 07/20/09 before me, Victor M. Gonzalez, Notary Public Ha<<tlnser1Nam8snd1llleolIhe0ffi00r "'~ personally appeared Patrick Mahoney NiJtTlO(s)01 Signor(s) . VICTOR M. GONZALEZ Comml.s1on #1721287 :; .. Nolary Public. Callfornla I I Oronge County t J ")'Cmm~~2~,~I} . ~ . . . - - - - - who proved to me on the basis of }ilftisfactory evidence to be the person~ whose name{t) (Ware subscribed to the Jt!!.hin . instrument and acknowjlllj,ged to me that ~ executed the ~ in.~r authorized capacily(~. and that by~r signature~ on the instrument the persontst, or the entity upon behalf of which the person(~ acted. executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offICial seal. S.~". \I\J;,.,I!('~ Plac9 Nota')' seal Abow Slg1e;lJre b1ic OPTIONAL Though the information below is not required by laW; it may prove valuable to persons relying on document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tille or Type of Document: Non-Collusion Affidavit Document Date: 7/20/09 Number of Pages: Slgner(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: Patrick Mahoney o Individual 181 Corporate Officer - Tille(s): o Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Tille(s): o Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: President AssL Secretary Top o1lhumb here Signer Is Representing: West Coast Arborisu.lnc. Signer Is Representing: ~'!..i.: ;;;f~....?~g-~~~____,""",~"""",~~~~"",,~~ :!'1'~~~:":ll~~ 02007Natlona1 Notary As.soc:Wion.935IJ De $oloAvo..P.Q8m24O:Z-Chatswor'tI.CA 91313-2402.www.Naliooah:Wy.org !tom '5907 AoorOer:CalToI-f1:eel-8t0-876-6821 2009-315 0 z 00 <> 0 '" v, <> <> <> a: 0 '" <> <> 0=; a: v, ~ 0 "" ..: 0 00 <> z u ~ ~ a: w 00 ... W a: <> <D a: " Z 0 ..: >- "' (f) a: 0 '" U lL ~ Z 0 "- 6 <' <( z ~ >- w 1:; w 0 ..J t: w <( " ~ on u < 3 '" u < 0 .~~ v 0 H "' ~ li" ~ \( <::! - . tl~ l ~ 0", K~ < z8 "' .s ~-s at:! \.:5d '. .j [::~ >- 5: ;2'" ~t: <~ .li~ i:;u .t~ ....=: 0: .~ " x ~ ~~ 2'" "' 0 ~ '~ . , . . . - ~~ - . :;t~ ::;: ." .W ~. .h :2 ,; 'd '" ..:_~ ~ ~ 0:; o. ''5~ Zu .g~ :7...2 ... - i"s ;;i,~ '" z ~~ ' . ~ 0 oV f ~ c- 0" ff~ .J! U 0:: <'" ~- :J ~~ ;~ ]l ~ <D ~ ~ -. ..: r.:I2 ~g z '> U lll'" ~.8 ~] 0 w "" ;Z ~ f.~ i~ U ~ 0 U) Z... 131].2:;"10 <> f-- <on ~n~~ '" U) "'<3 U) '" ;:;z '"-'" . o!_ a 0'" ~~~ -:: i ~ on 8 ~~ 0 t 0 :><l2 Q~~~" v; ;:: >- < "' E-<z "d1>-~; on Z f-- .:5 u ... - J~~.~lD_~ S 0 U) u;g <( l'!'66 .. : u ~ a "' c:( ~ !ol~ 02 on on 5 ~E .~ on [2 ::;: U OJ v; f-- H,gl~ '" ~ '" f-- '" . 1> ~ . '" on <( ~ H. ~ ::;, 0 ;:) "- "' z '" on "'z w on ~o: <=> 00 " z ::I ~ '" ij;:: < i 0 "'- 8 z ~ ;'",,,, "- 0:;:1 on ~ on o~~ '" '" i~ w '" u;,_ f-- t:! <; 2; Uz <( '" on < ~ " '" <( <=> 08 Q " ~ 2009-315 Tree Care Prqftssionals Serving Communities 1VJw Care About Trees www.WCAINC.com PP '. . . . .. StateDf California ,~,~...(3t)mRA.CT.ORSS"fATE tl'CENSE' BOARD 'C,~~of ACTIVE LICENSE 'o~mcr . AffHilii . . " U><<i~Nl",oer 31$rr"4 Enlay COHP BusiMss~me WIEST CQAST ARBORISTS INC CI~.,ation(s) C611D49 C27 ~>'.. .::" ':', .u.;- "_,.;. -. " ..c -'.;, 'IT".': ... "."" ; ~.. ", . d ~_ 'c' .r... .... ....... ".".~......... :.....:a:~~. : ~.';' - .' - ;;;..:. ;~; "';"'; . ',.- Expiration Date 1 2/@1/20 1 0 West Coast Arborists, Inc. . 2200 E. Via Burton Street. Anaheim, CA 92806 . 714.991.1900 . 800.521.3714 . Fax 714.956.3745 2009-315 Certificate of Insurance THIS CERTIfiCATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIfiCATE !lOWER THIS CERTIFICATE IS NOT AN INSURANCE POUCY A/'lO OOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AHURDEO BY lliE POLICIES LISTED BELOW. This is to Cerlify that [WEST COAST ARBORISTS, INC I Libertx Mutuat ~AHEIM CA 92806 NAME AND ADDRESS OF INSURED -.J 2200 EAST VIA BURTON is. lllhe issue: !.bIG orlhi:l; certilital~. insured by rbe Comp~n)' un<k:r the policy(ies) lisled below. The irmmllKc afTOl'dcd by the listed polic)'(irs) is sl>bjecl to alllheit lcnns, (lie Ius ions aid Condiliam and is not ;ollelcd by all)' requirement, term Dr coodilion ohn)' contllct or other document willi respect to which this CertifICate nuybe ;nucd. EXPDA... TYPE OF POLICY o CONTINUOUS I'OI.ICY NUMBER LIMIT OF LIABILITY o EXTENDED III POLICY TERM WORKERS WA2.66D.039499.079 COVF.R.AOE AFfORDED UNDER we El\1PLOYERS LlABll.JTY 7/112010 LAW OF TIlE rOLLOWING STA TF.s; COMPENSATION CA Bodily Jl'f~:O~c.~Ofo' STATUTORY ,,""', Dudily Jnj~ry By O~ns.c $1000000 Bodily Injury By Disease $1 000000 , GENERAl. LIABILITY 7/1/2010 TB2.661-039499-019 Gener-iIl ^Uregarc-o,~ lhan ProdUCldCompleled Opef3lion~ $2 000 000 ~ OCCURRENCE Produclt/Cornple:lcd OpI:J3lions Agg.Jcgalc -$2 000 000 o CLAIMS MADE Uodily Injury and fropcrt)' Danlilge Liability . $1 000 noo t...,Ckcun"'r<< I R..ETRO DA TE I P...r.;ontllnjlll)' $1 000 000 Per P"'rson/Or!~niz.alioQ O~RE DAMAGES 1100.000 r'~EDrCAL PAYMENTS $5.000 AUTOMOBILE 71112010 AS7.661-039499-039 E.>chAc<:KkIll Single Limi. LIABILITY $1,000000 B.I.AndP.D.Combined o OWNED EKhP...rson G:1 NON-OWNED EKh A...cidelll or Occullcncc o HIRED F-'lCh Aecidcnl orO<:cIll"lClICc OlllER $5.000,000 PER OCCURRENCE/AGGREGATE 4/1/2009 71112010 TH2-661.0394gg.049 UMBRELLA EXCESS LIABILITY ADDITIONAL COMMENTS RE: All jobs performed by the named insured during the policy term. Per form CG 2010 0704, City of San Bernardino is additional insured under the General Liability policy if required by a written contract with the Named Insured, but only for the coverages and limits provided by the policy and the additional insured endorsement. .. ~:~t;Ar~~~b~~t#~~~S6~1~~~~~I~~I;~"t~~WJ~ ~ ~~~ci:I~~~fElSci,:~nL~~~~~~~~~o.:~~~hef1;~C~;~~~~~~~~ AN IJ'PlICATION OR fILES A CLAIM CONTAJNl'NG A FAl..SE OR OECErTM STATEMENT IS GUll TY Of fN~URANCE fRAUD. lMFORTANi' NOTICE TO fLORIDA l"OUCYHOLDI:RS AND CERnnCATF. HOLDERS: TN THE EVENT You tVIVE ANTQUESTIQNS OR ~E.EO INFORMATION ,o.ooU1 THIS C'.f.RTlfl("ATEFCIR ANY Rf.AWN.f'IF-A~f.c:oHTAcr YOUR I.OCALSAI.EI> PRODUCER WHOSENM1EA.!'m nU:PHO;'/E NlJl\t:8tA APPEARS [Ill nit loWER RIGln llANO CORNER or 1lfls CERnnCATE- THE APPROrFUAn LOCAL SALES OffiCE MAllfNG ADDRESS MAY ALSO BE OBTAINED BY CALLING nus "'lIMBER. NOTICE OF CANCEIJ..ATION: (NOT APFUCADlE UNUSS A NUMBER Of DAYS IS ENTERED BElOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT C~t1CEL OR REDUCE THE INSURANCE AFFORDED UNDER Tl-IEADOVE POLICIES UNTlLAT LEAST ;:'U DAYS NOTICE OF SUCH CANCELLA liON HAS BEEN MAILED TO: liht>rty Mutual In.~lJrance Group : It <, .S~ U fCity of San Bernardino City Clerk's Offiee I bamriM. C} Jox. Sandy Fox AUTHORIZED REPRESENTATIVE Englewood I 0912 5975 S Quebec SI. Suite 100 Enrrlewood CO 80111 303.708-8260 L:.an Bernardino CA 92418 ~ OffiCE PHONE lbis certificale is executl;d by LIBERTY MUllJAL INSURANCE GROUP as respecls such insurance as is afforded by those Companies 300 North D Street 6/1/2009 OA TE ISSUED NM772 2009-315 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZA TION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organlzation!s): Any owner, lessee, or contractor for whom you have agreed in writing prior 10 a loss to provide liability inusrance. Information required 10 complete Ihis Schedule it not shown above. will be shown in the Declarations. A. Section 1/ - Who Is An Insured is amended to include as an addlllonal insured the person(s) or organization(s) shown in the Schedule. but only with respect 10 liability for "bodily injury". "property damage" or "personal and advertising injury" caused, in whole or in part. by: 1. Your acts or omissions; or . 2. The acts or omissions of those acting on your behalf; In Ihe performance of your ongoing operallons for the addmonal insured(s) at the location(s) deslg. naled above. C020 10 07 04 B. With respect 10 the insurance afforded to these addillonal insureds, the following additional exclu- sions apply: This Insurance does nol apply 10 "bodily Injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connectron with such work, on the project (other than servIce, maintenance or repairs) 10 be performed by or on behalf of tho additional insured(s) at the localion of Ihe covered operations has been completed; or @ ISO Properties, Inc., 2004 Pago 1 012 2009-315 2. That portion of "your work" out of which the Injury or damage arises has been put to Its in- tended use by any person or organization ofhar than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement Is oxocuted by the UBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Dale 04-01.2009 For attachment to Policy No. Avdit Basis Expiration Date 07.01.2010 T82.661.039499.019 Issued To West Coast Arborists lne ~~"e;M1 Countersigned by Issued 0410112009 Sales Office and No. Englewood. COI0972 Page 2 of 2 @ ISO Properties, Inc., 2004 ~l-~ I'RESJI)/-:.,"r AulhDIl.le<J RepresentatIVe-'. End. Serial No. CG 20 10 07 04 f' - c: '" E .c: u '" - :::( " ~oooooogg caoaoo . . 5E~~~j.q:g~ '~()~Efi&'ttA-fh;;;; ~ <ii o c.!!l Q; '" ~5 "5 o <f) 1.0001.0008 ......1,() IJ")...... 0 0 . ~c.ci<ON "cOOl N ("')("'),.... CD......""" tF.Hfl~fht>'tER-Z;; '" '" '" .S-c.c_ooooooo ~...l~C!~qoC!q (l)ro~;1;f5~ui~~ e'-Efhfhfhto'tfhfflfh o 0 ,,>- o -0 C ~'*oooooooo 0o.",.L{)L{)oC!C! lot) 01 . . . L{) 0 ..:. .~f;~rnrn~~,....o m E:::Ifflfflfflfhffl.....N"lt .~ as Eo') fh ..... >: L> !5~oooooooo ro.DoooooC!q~ Q. ro . . . . . 0 U') ..... "OI~t2tR~~ol.Oo) $ jfhUHhUHh;';;; ~ 'c :::> '" -0 c1ij ~.I:: e ~ 0" <f)z ~ 00000000 oooooC!C!o ociLrioci~~~ ~~~~~v;;,;~ o c ~~oooooooo ~roU1t.qt.qt.qc!t.qq~ .0 ElX)o)CDc")LnN~ 0:) ~~~~zt;;~~""'M o LLI to') ..... ::; c '" <f) ;;; ~.~ggggg~g g U Q) . . . . '0 . o:i ti~o~5S~~og.." CD C~flH/HA'fh;;EA- M ;: <( ... '" c: '" ,,-0 '" ~:5~~~~ggg~ jjjrooO)O)......C\iI.OOCl Q) -e~~~;;to't~Z; ~ " 0 >:>- Q; Qi E :E '" i:5 :v .E .g -E 0'1 0> ~ ~1-2c.S:g EOQ)I-'Cc{) ~~~Cii~!:!'5 .I::_-EO'.....c...O_ Q) .c 0 Q) co ~-m<'tloo~roo !-<CQ..SC:::I-UI- 2009-315 " > 'in o C ~8. - '" N " zto;: C o Z " > 'in o c "!8. - '" - " ~o;: c o Z " > 'in o c ~8. 0", - " ~o;: C o Z t;1~;. ~I~ ~ a. '.,..1 1~ :2: .~ :~ a. !il Iii 1 6 i~~!I!J1J" o .?). . l'? ,.' 11M ~'~'11 ,\ \ N - r-.. ~jb ~ ~ic1(r~~ ""~< . ~'I' ~ ~ iX oz: '. ." \: ~ ~ 0'ii't.'~ ~ ~;'~ _~ 'J ~HI,Iij ~,; ;;:>I"U wv I' J~ ,'i!. . "l. ~: < \tI' ~ ~"'" ' "\ '.;.."t ~~!& .>1 jl~{' ~:~ \t~~ J'ri'ltt ~ ,~ ~~ ::-4;iif rl :~ ~'I }t:~ . co ,~ ~~ ~"r I, I ;~<. t Cl "I" '. "'.\ ~~,:i;I..' ' u. ,.-.,~ <; n::: ~tiW' .~ I- W W I if) >- a: <( 2 2 ::> if) o co ~ ~ \ ~ ~ ~ \ \ to ~ ~ \ ~ ~ I" () ~ ~ ~ ~ ~ ~. ~ J 2009-315 \ ~ ~ ~ ~~ \, \ ~ '\ ~r \ . i ~~ ~ \ ir- ~ \ ~ ~ \ ~ .~ \ ~' ~ \ ~ '\ \\' ~ \) ~ \ ~ h ~ , ~ ~ ~ ~ " ~ ~ ~ ~ >> .c "0 Cl) "0 ... o o Cl) e::: >> _I ~ .c .ji;. E "0 ~. E ~ ~ :::2ti(~ C) ~ .~ E ~ U5 0) g' ~ .- g ~l!l~ll'<G' Z a> l-- 5 cd '2:Z::O 0 Z :J cdi~~~ ~ ~ g ~ ~ ~ 2 ffi ~:: 0 g oiiM1::!: 0 Q) Q) -... a. a. oQ) >- <: <.9.;;z.: i:2 ". Q) E Q) 0 f-- ~ ~ ~ ~ C1l UJ,tED;}- .~~ en ~.c~ 0 ~ >.'iV> 0 "0 5;~~w Cl)C/)~ Q) .g_~ S ... 00 "0 <: ''"''"i:!w (fJ <( E Q)ro u.. f-- <:0 c C1l ~*~~l= ~8. 8. &. 8.~g 8. ~ 88... ~ ~~~ ~2tq;>; cti) en 1i.i U).~(]) en en (1)= ~ ~><~t-Q) ....~I.ifJ~ Cl)0 00000.:: 00 Ern .... o<(Q)Oa. C/) ,~~~ 'II&~~'M'~ MIl< n~ ~ ~,~, _~tlllm:n.~ "~'m'fj;i~"~' ~ ~:'R-~ ~J1E.l\: '''~ _ ~ ~~..' 0 /~Il~ l@!'.Jjr,Jm;~I~!. m,~ ~~I~ jlJWil\~~I_~~"&11J' f.~*IlifI)~iPl:;.\i1 ~~~I~ ~:~ /1It.~ \ ~ " ) \ ' ~ ~ " ,~ ~ ~ ~,:.. '. ~ ~ ~ ~ " ~ i ~ ~ ~ \l \ ~ \ I~ \ ~~ 'l." t~ ::r ~~\ ~ ~ ~ '" , ~ ~ ~ ~ ~ ~ d~ i I- ill ill I U) >- 0::: <( ~ ~ => U) o CO In';:1 ~II a:4~ g ;~.~.i M~:.~I g {ill t:! m~~ ~ Q1! _r~ t:! 0;1~1( r--s z: Q-j. i:ii4 f~!' I~'~ lr~; 1 ~ ~~ ;I.,!II~ r",' ~~f l~~ Jl ~1 l ~~I ~~ i~.t . 'J \liR: t"li ' ~ ~ \\) I I~~~: '<il~i _ I 'i " ~J': ,,",; ~\~ r,,~ ~~. ~ ~ I.';~.I~ Il ,~ :~~Jll ,\~ " ~ i~~]' I t::.y q :~i;'. LL o LL 0:: 2009-315 \ ~. ~ ~ ~ ~ ~~ ~ .~ ~ "< \ \ \ \ \ \ ~ ~ ~ ~ '~~ ~ ') '\ '" I ~ ~~ >, ~ ~ .0 ~ 'C ~~'~ Q) ~ 'E 0 () Q) 0::: \ ~~ ~ "'- ~ ~ ] . ~'\ '\ '\ '{ j.:~ \~ ~~~ " ~ ~ ~ ~ " &E ~:::;i ~ i~ E g II ; 3 i i ~ H I! d w"", .... .~ ~ 1ii ~ .<: - 0 ~ ~ 1ii t;: ~' w .~ (j) .5J E g ~ fi. ~ (J 00 ~ ~I ~ ~ ~ i &. ~ i ~ ~ ~ ~ 8 '- ~.~;:/!!'l c1i) t5 (j) 1ij.~Q) 1ii 1ii EQ)= ~ _~~ Q) 0 0 0 000::: 0 0 m- l/lH'fm ClO 0 0 0 0 0 wo 0 :i~ ~~ !!%;_l!:~_~o:mll!i\.~",'i'.;:r.'lill'IJ.m;'iljJji"~_1I"!'i;oag~lIE-<1l;WI""'" ~tt~~ ~w ~1t~1 ~~~~~t~~,d~~~g;~~la ~J!E2J_fr~~~C111 ~ ~ , \ , ~ ~ ~ \ ~ \ \ ~ ~ >. ..Q " Q) ~ (J C Z ::l ~ 0 0 C C C <Il ~ " 0 'C C c: <Il Q) ~I/l " > o ...J Q) t1i lO<;( C ~ III I- Q) () ~ 0 C- o ...J I- -ll- 0