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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 29, 2009
Subject: 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.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: February 17, 2009
Synopsis of Previous Council Action:
September 15, 2008 Resolution No. 2008-372 - Mayor and Common Council of the City
of San Bernardino authorized the execution of an Agreement and issuance of a
purchase order to Tree Elements Incorporated in the amount of $138,900 with three (3)
one-year extensions at the City's option for tree-trimming services.
Recommended Motion:
1) Authorize the Director of Finance to amend the FY 2008-09 Adopted Capital
Improvements Program Budget and transfer $100,000 from Account No. 129-367-5504-
7541 (Del Rosa/Lynwood Drl Sterling Ave.) to Account No. 129-367-5502-XXXX
(Miscellaneous Street Tree Trimming).
2) Adopt Resolution.
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ignature
Contact Person: Ken Fischer, Director
Phone:
5140
Supporting data attached:
Staff Report, Resolution, Vendor
Service Agreement and Attachment "1" and "2"
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$100,000 in
Measure I funds
Source: FY 08/09 Capital
Improvements Program
(Miscellaneous Street Tree
Trimming) Account 129-367-
5502-XXXX.
Council Notes: ~so 2.a;9~.2<P
Finance:
Agenda Item No. J'5
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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 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.
Background:
On May 14, 2008 a formal bid process was initiated to solicit bids for tree-trimming
services. Tree Elements Incorporated submitted the lowest qualified bid and all
references came back excellent. On September 15, 2008, the Mayor and Common
Council authorized the execution of an Agreement and issuance of a purchase order to
Tree Elements Incorporated in the amount of $138,900 with three (3) one-year
extensions at the City's option for tree-trimming services.
The FY 08/09 General Fund budget reduced the funding available for contract tree
trimming services from $300,000 to $100,000. As part of the September 15, 2008
action, an additional $38,900 was utilized from the Integrated Waste Management
Fund. This reduction in funding was made for budgetary purposes and was based upon
the number of tree trimming requests that the City was receiving. At the time we were
receiving about 99 requests for service a month and our four person crew was expected
to handle 90 of these calls; the remaining 9 calls per month would be contracted out as
needed. The contract service was also expected to handle all tree removals and stump
grinding associated with tree removal.
After budget adoption and implementation, the number of calls for tree trimming began
to increase and it is now up to approximately 150 per month. In addition, our City
Arborist has retired and the position has been frozen. With these two changes, staff
expects a total of approximately 1750 work orders for safety tree trimming by the end of
the fiscal year. With our available contract funding and staff resources, we can
complete approximately 1300 of these. This will leave approximately 450 open work
orders at the end of the fiscal year if there is no change in current funding levels.
Staff recommends that additional funding be provided to increase contract tree trimming
services. Funding can be made available for additional contract tree trimming services
if we transfer $100,000 in Measure I funds from Capital Improvement Project 5505-05,
the Del Rosa Beautification project. This project was originally a joint project between
the City and a housing developer. The project stalled when the developer halted plans
for development and the County Flood Control would not granted a permit for work on
their right-of-way.
In order for the new funding to be utilized, staff is seeking a new contract for tree
trimming services in the amount of $100,000. Use of this one time funding will allow for
additional trimming necessary to eliminate our safety tree trimming request backlog by
June 2009. A new Vendor Service Agreement is attached (Exhibit "A").
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report-Continued
Financial Impact:
The $100,000 in Measure I funds for this project are contained in the FY 08/09 Capital
Improvement Budget 129-367-5504-7541 (Del Rosa/Lynwood Dr.lSterling Ave.). The
Finance Director shall transfer the $100,000 authorized into a new project,
Miscellaneous Street Tree Trimming, Account No. 129-367-5502-XXXX.
Recommendation:
1) Authorize the Director of Finance to amend the FY 2008-09 Adopted Capital
Improvements Program Budget and transfer $100,00 from Account No. 129-367-5504-
7541 (Del Rosa/Lynwood Dr/ Sterling Ave.) to Account No. 129-367-5502-XXXX
(Miscellaneous Street Tree Trimming).
2) Adopt Resolution.
RESOLUTION NO.
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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.
and shall read, "Tree Elements Incorporated for additional tree trimming
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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
within sixty (60) days of the passage of this resolution.
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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
6 meeting thereof, held on the
day of
, 2009, by the
7 following vote, to wit:
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ABSENT
Council Members:
AYES
NAYS
ABST AI N
ESTRADA
BAXTER
BRINKER
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KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
hereby approved this
The foregoing resolution is
,2009.
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Patrick J. Morris, Mayor
City of San Bernardino
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mes F. Penman
ity Attorney
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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 Common 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-trimming 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-trimming services, dated June II, 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-trimming services.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit "A"
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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
Exhibit "A"
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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,
Exhibit "A"
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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.
II. 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
Exhibit "A"
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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 'my 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.
Exhibit "A"
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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
,2009
Dated
Approved as to Form:
By:
James F. Penman, City Attorney
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
City Manager
Exhibit "^"
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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 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
Catenorv I Accentable I "As soecified"
1. GENERAL SERVICES
General services will consist of: Acceptable
1) street tree trimming
2) street tree aesthetic trimming
3\ oalm 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
encountered on the job.
A list and map of the City trees that need work shall
be given to the Contractor monthly, or more
frequent if deemed necessary, by the City.
3. EMERGENCY WORK CALL OUT
Three (3) men including all necessary
equipment/disposal fees included and zero material
markup.
Emergency response should be within 24 hours. A
cost per hour per emergency shall also be
proposed. This must include all manpower,
equipment, tools, traffic control and disposal costs.
4. STANDARDS OF PERFORMANCE
Services shall be performed under the Contract in a
skillful and competent manner; consistent with the
standards generally recognized as being employed
by professionals in the same discipline in the State
of California. The vendor represents and maintains
that it is hiqhlv skilled in the professional callina
Acceptable
Acceptable
.
Acceptable
Acceptable
RFP 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
or completed work. The vendor must have the
following equipment and personnel:
1. Dump truck & chipper with operator
2. 60' Aerial Tower with operator
3. Stump grinder with operator
4. 910 Front End Loader with operator
5. 12 Ton Crane with operator
6. Roll-off Truck with operator (does not include
dump fees)
8. FIXED FEE
Provide a pricing proposal that is a fixed fee per
tree. Also include a cost per inch of trunk diameter Acceptable
on complete tree and stump removals.
9. EXPERIENCE
The vendor shall be knowledgeable of matters
pertaining to tree trimming services. The vendor
must have a minimum offive (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, caliper, 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
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 any
RFP F~O~-25
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.
2. Withhold the entire or partial payment
3. Terminate the contract
RFP F-08-25
REQUEST FOR RFQ:
RFQ F-08-25
DESCRIPTION OF RFQ:
Tree Trimming Services Contract
BUSINESS NAME/ADDRESS: 'I'rpp F.l pmpnr,o; Tn"
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NAME
AUTHORIZED REPRESENTATIVE
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TELEPHONE:
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EMAIL:
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FAX:
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