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HomeMy WebLinkAbout41-Public Services "R.I'""'''''!.I J l "',,'" \ ur tJli\j<\_ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: 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 arnount 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. Dept: Public Services Date: August 18, 2008 Meeting Date: September 2, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. h~ ~ Signature Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Resolution and Vendor Service Agreement Phone: 5140 Ward: All FUNDING REQUIREMENTS: Amount: $138,900 Source: FY 08-09 $100,00 from 001-404- 5502 (Prof./Contractual Services) and $38,900 from 527-412-5502 (Prof./Contractual Services) Council Notes: Finance: 9~. c;;Joocf'~.37.,;::l. ~~v/ru-~~'I 1P,.2/7 9/~~J" . Agenda Itern No. "1/ 9-/0'-0/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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. Background: 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. As part of the Division's on going tree-trimming services program, the Division has budgeted for tree-trimming services throughout the City of San Bernardino. The tree-trimming budget for FY 08-09 is $100,000 for emergency contractor assistance. In addition, the Integrated Waste Management Division budgeted $38,900 to remove low- hanging limbs throughout their collection routes. On May 14, 2008 a formal bid process was initiated to solicit bids for tree-trimming services. Notices of bids were mailed to the Chamber of Commerce and seven (7) local vendors in San Bernardino (Good Ole Boys Tree Service, Mowbray's Tree Service, Donegan's Tree Service, Danny's Tree Service, Garcia Tree Service, First Certified Arbor Care and Ted's Discount Tree Service). However, none of the local vendors submitted a bid. Staff called the local vendors to inquire on why they did not submit a bid. The results were as follows: 1. Good Ole Boys Tree Service- the owner was on vacation and did not have time to prepare the bid. 2. Mowbray's Tree Service- did not return message. 3. Donegan's Tree Service- said that they are not interested. 4. Danny's Tree Service- did not return message. 5. Garcia Tree Service- phone number no longer in service 6. First Certified Arbor Care- did not return message. 7. Ted's Discount Tree service- said that they were not interested since they do not have the necessary equipment to do the job. However, since the City of San Bernardino advertised in the newspaper and on the City's website, eleven (11) outside vendors responded to RFQ- F-08-25. The bid documents requested pricing for typical tree-trimming services such as costs per tree trim, aesthetic trim, palm tree trim, tree and stump removal and root pruning, but did not guarantee a total amount of work. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued The vendor, business location, and street tree trim price are listed below. Vendor Tree Elements Incorporated West Coast Arborists ARK Contractor Company Tree Trimming Land Company United Pacific Services Great Scott Tree Services Andre Landscaping Thrifty Tree Service George Salinas Tree Preservation Grace Building Maintenance Southern Cal Tree Care Location Yorba Linda, CA Anaheim, CA Huntington Beach, CA South Gate, CA La Habra, CA Stanton, CA Azuza, CA Reseda, CA Placentia, CA Los Angeles, CA Vista, CA Street Tree Trim Cost $26.50 $38.00 $38.75 $47.00 $48.00 $64.50 $94.50 $115.50 Non-Responsive Non-Responsive Non-Responsive A complete bid summary sheet is attached. Tree Elements Incorporated submitted the lowest qualified bid and all references came back excellent. George Salinas Tree Preservation is considered non-responsive since they did not provide the required equipment inventory list and did not have the required computer tracking capabilities. Grace Building Maintenance is also considered to be non-responsive since they did not submit the required equipment inventory list and did not have the required computer tracking capabilities. Southern Cal Tree Care is also considered to be non-responsive since they did not submit the required equipment inventory list and did not have the required computer tracking capabilities. Staff has contacted the cities of San Moreno, Lake Forest, Los Angeles and the Counties of San Diego and Orange to discuss the level of services provided by Tree Elements Incorporated. All cities and counties are satisfied with the services of Tree Elements Incorporated. Since Tree Elements Incorporated submitted the lowest qualified bid, staff recommends that Council authorize the execution of an agreement and purchase order in the amount of $138,900 to Tree Elements Incorporated for tree-trimming services throughout the City of San Bernardino. Financial Impact: Funds are available and have been budgeted in FY 08-09, Account No. 001-404-5502 (Professional/Contractual Services) in the amount of $100,000 and Account No. 527-412- 5502 (Professional/Contractual Services) in the amount of $38,900. Recommendation: Adopt Resolution. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 t (Q) I-R ""'lJ \ .._-) '.. lr u RESOLUTION NO. 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Tree Elements Incorporated submitted the lowest bid for tree-trimming services per RFQ F-08-25. SECTION 2. That the City Manager of the City of San Bernardino is hereby 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. SECTION 4. The Purchase Order shall reference this Resolution No. and shall read, "Tree Elements Incorporated for tree-trimming services, not 21 22 to exceed $138,900" and shall incorporate the terms and conditions of this Resolution. 23 24 25 26 27 28 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 of this Resolution. III III -If c;2 7 ~.d. -0& .(. . 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: 26 ! .{~ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a , 2008, by the day of meeting thereof, held on the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino 27 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 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 II, 2008, attached hereto as Attachment "l" 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 S 1 38,900, for tree-trimming services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 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 3. TE~I\I; 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 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1.2010 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 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 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 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" 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 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 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" 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 AL"ID 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 ofVEl\<'DOR 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 Y orba 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" 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 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. 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 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 of the offending provision in any othcr 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 manner 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 1/1 U III III III III III III III III Exhibit "A" 1 2 3 4 VENDOR SERVICE AGREEMENT TREE ELEMENTS INCORPORATED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 5 6 Dated: 7 8 9 10 ,2008 VENDOR. By: Its: ,2008 CITY OF SAN BERNARDINO Dated 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: Fred Wilson, City Manager Approved as to Form: ~ s . Penman, City Attorney Exhibit "A" 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 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. 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 lefl-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID Cateaorv I Accentable I "As specified" 1. GENERAL SERVICES General services will consist of: Acceptable 1) street tree trimming 2) street tree aesthetic trimming 3\ palm 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 I 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 -c- 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 hiohlv skilled in the professional callina Acceptable Acceptable Acceptable Acceptable RIP F.08.25 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. QUALlFICA TIONS/LlCENSES 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 Specif ied informed on the status of each tree that is trimmed I 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 I .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 perfonming 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 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 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 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, caliner, variety (botanical and Acceptable Acceptable As Specified Acceptable RFP F-08-25 . 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 I The length of this contract shall be for one (1) year with three (3) one-year extensions at the City's option. Acceptable I 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 any RFP F-(j~-2" II deficiencies within the stated time frame, the II Public Services Director, or his designee, may exercise the following measures: 1. Deduct from the vendor's payment the Acceptab 1e 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 RFP F-OS-25 REQUEST FOR RFQ RFQ F-08-25 DESCRIPTION OF RFQ Tree Trimming SelVices Contract BUSINESS NAME/ADDRESS: 'T'rpp 1':1 pmpnh" Tn" ??~n~ F T,~ p~lm~ Avp ~snq Vnrh::l T.; nr=L~ . rn q?~R7 NAME AUTHORIZED REPRESENTATIVE ~zzy- TELEPHONE: (714H;q4-1q11i EMAIL: ;nfn~trPA~lpmAnt~ ~nm FAX: (714\liq4-1qR1 0 m -; lJ )> :E -c '3 ~ OJ CD CD '3 '" s: CD CD CD - ::l <0 lJ Qo ::r CD < -; CD -t a. CD ~ CD - -; lJ ~ CD ::l c:: (/) cr ~ ~ )> III 0 ::l () ::l C CD CD Cl> ::l C. '< S. -; CD Cl> Gl a. 0 (") CO '3 -; ::!. -; r;- -t m ~ -0 ::!. '3 0 ~ III :;:: OJ '3 ::!. ~r N ::l ;0 '3 '" - 3 ::l 0 0 CD -0 0 ~ c:: '3 CD :; c: Z - 0 ~ <C ::l ~ " < - ~ VI () 0 92.. CD CD ~ CD CD ~ ~ a. 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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 "1" 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. 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 1,2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1. 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 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 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 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 ,{"- 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 c1aim~ 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 worker's compensation coverage, and shan file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shan be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shan 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 shan 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 shan perform work tasks provided by this Agreement, but for an intents and purposes VENDOR shan be an independent contractor and not an agent or employee of the CITY. VENDOR shan secure, at its expense, and be responsible for any and an payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payron deductions for VENDOR and its officers, agents, and 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 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 Y orba 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. 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 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 VEJ\TDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the tem1 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 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. III 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 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 manner 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 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 TREE ELEMENTS INCORPORATED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. .2008 VENDOR. Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Fred Wilson, City Manager Approved as to Form: lev- ATTACHtllENT "1" RFP F-OR-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 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 Caleaorv I Acceotable f "As specified- 1. GENERAL SERVICES General services will consist of: Acceptable 1) street tree trimming 2) street tree aesthetic trimming 3) palm tree trimminq . 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 i 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 equipmenUdisposal 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 hi~hly skilled in the orofessional callina f"" Acceptable Acceptable Acceptable Acceptable RFP F-08-25 RFP F ~OS~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. QUALlFICA TIONS/LlCENSES 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 on complete tree and stump removals. Acceptable 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 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 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 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, calioer, varietv (botanical and Acceptable Acceptable As Specified Acceptable RFP F-08.25 RFP F-08-25 commoll), trim date, cOlldition alld appropriate data acceptable to the Public Services Director, or his Acceptable desigllee. 13. TREE INVENTORY DATABASE The Street Division mailltains a database of the existing trees in the City. The COlltractor will be Acceptable responsible for providing the City with information to keep the system current and accurate. 14. PICTURES The COlltractor 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 statillg 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 RFP r-(:,,-;:, deficiencies within the stated time frame, the Public Services 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. I I 2. Withhold the entire or partial payment 3. Terminate the contract RFP 1'-08-25 REQUEST FOR RFQ RFQ F-08-25 DESCRIPTION OF RFQ: Tree Trimming Services Contract BUSINESS NAME/ADDRESS: '1'rpp 1':1 pmpnt-" Tn.... ??f;OC; F. T..:=t P.:::.lm;:>l Av~ iic:.Oq Vnrh.::"I T" n("l~ . rn. Q?RR7 NAME AUTHORIZED REPRESENTATIVE d?~ TELEPHONE: EMAIL: (714)hq4_1q1h infn~tr~~~l~mpnt~ r.om FAX: (714\hq4-1qR1 ~ :;!-:~::: {~, ~ (f) ,~:::)( ~~( <c I- 2- g iii~i!! Rt~ 0 (/) LU ":'I~Jm U 0:: I M :i,lilllrn!, O<{ li.i.i,n~' ;rl'.~~ tn CO Z :;ii! f~ UJ 0:: <( d,. 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