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HomeMy WebLinkAbout16- Public Services ORIGINAL 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 Dept: Public Services Bernardino authorizing the execution of an Agreement and issuance of a Date: August 13, 2009 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. Meeting Date: September 8, 2009 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Attachment "1" and "2" FUNDING REQUIREMENTS: Amount: $288,900 Source: FY 09-10 $250,000 from 001-404- 5502 (Prof./Contractual Services) and $38,900 from 527-412-5502 (Prof./Contractual Services) Finance: Council Notes: �so X00° -315 Agenda Item No. lip q- g-oq 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$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. 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. The Department utilizes a three person City crew and a contract service to handle all tree-trimming. The contract tree-trimming budget for FY 09-10 is $250,000. In addition, the Integrated Waste Management Division budgeted $38,900 to remove low-hanging limbs from their collection routes. On May 14, 2008 a formal bid process was initiated to solicit bids for tree-trimming services. On September 15, 2008, the Mayor and Common Council authorized 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 per Resolution 2008-372. The option to extend has not been exercised. On July 21, 2009 a formal bid process was initiated to solicit bids for tree-trimming services. Notices of bids were mailed to the Chamber of Commerce and nine (9) vendors. 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. The vendor, business location, and street tree trim services prices are listed below: Vendor Location Street Tree Services Cost Tree Elements, Inc. Yorba Linda, CA $294.25 West Coast Arborists, Inc. Anaheim, CA $358.00 Mowbray's Tree Service San Bernardino, CA $385.50 ISS Grounds Control, Inc. Newhall, CA $435.00 United Pacific Services La Habra, CA $491.00 Trimming Land Company, Inc. South Gate, CA $494.50 George Salinas Tree Preservation Placentia, CA Non-Responsive Southern Cal Tree Care Vista, CA Non-Responsive Mission Tree Care Chino, CA Non-Responsive 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued A complete bid summary sheet is attached (See Attachment "2"). Following a full evaluation of all submittals: Tree Elements, Inc., the current contractor, is recognized as the lowest contractor, but is not recommended as the lowest best bidder or the most responsive and responsible bidder. The George Salinas Tree Prevention bid is considered non-responsive. The Southern Cal Tree Care bid is considered non-responsive. Mission Tree Care bid is considered non-responsive. West Coast Arborists, Incorporated is determined to have submitted the lowest best bid. Staff recommends that Council authorize the execution of an agreement and purchase order in the amount of $288,900 to West Coast Arborists for tree-trimming services throughout the City of San Bernardino. Financial Impact: Funds are available and have been budgeted in FY 09-10, Account No. 001-404-5502 (Professional/Contractual Services) in the amount of $250,000 and Account No. 527-412- 5502 (Professional/Contractual Services) in the amount of $38,900. Recommendation: Adopt Resolution. 2 1 RESOLUTION NO. r II �( 2 RESOLUTION OF THE MAYOR AND COMMON COUN\\\CIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $288,900 WITH 4 THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INCORPORATED 5 FOR TREE-TRIMMING SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. 6 7 WHEREAS, West Coast Arborists, Incorporated is the lowest and best bidder 8 for tree-trimming services per San Bernardino Municipal Code Section 3.04.070 (f) and 9 RFQ F-09-18; and 10 WHEREAS, the term of the Agreement shall be from September 8, 2009 it through June 30, 2010, with three (3) one-year extensions at the City's option. 12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 13 OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. The City Manager of the City of San Bernardino is hereby 15 authorized to execute on behalf of said City an Agreement between the City of San 16 Bernardino and West Coast Arborists, Incorporated, a copy of which is attached 17 18 hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as 19 though set forth at length. 20 SECTION 2. That pursuant to this determination the Director of Finance or her 21 designee is hereby authorized to issue a purchase order to West Coast Arborists, 22 Incorporated in the amount of $288,900 for FY 09-10. 23 SECTION 3. The Purchase Order shall reference this Resolution Number and 24 25 shall read, "West Coast Arborists, Incorporated for tree-trimming services. Agreement 26 not to exceed $288,900" and shall incorporate the terms and conditions of the 27 agreement. 28 -t /6 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 SECTION 4. The authorization to execute the above referenced Purchase 6 7 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 8 days of the passage of this resolution. 9 10 !!/ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 © 27 28 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 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Mayor and Common Council of the City of San Bernardino at a 8 meeting thereof, held on the day of 2009, by the 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 13 BAXTER 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 2009. 24 Patrick J. Morris, Mayor 25 City of San Bernardino Approved as to Form: 26 27 B - 28 mes F. Penman ity Attorney 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 8a' day of September 2009, by and 3 between West Coast Arborists, Incorporated ("VENDOR") and the City of San Bernardino 4 ("CITY" or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for tree-trimming services; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for tree-trimming services per RFQ F-09-18; and, 11 WHEREAS,Vendor is the lowest and best bidder to provide said services to City; 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F- 17 09-18, for tree-trimming services, dated July 20, 2009, attached hereto as Attachment "1" and 18 incorporated herein by this reference. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as 23 Attachment "2" and made a part hereof, an amount not to exceed amount of 24 $288,900, for tree-trimming services. 25 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 26 27 28 Exhibit"A" 1 1 3. TERM; TERMINATION. 2 The term of this agreement shall be from September 8, 2009 through June 30, 2010, 3 with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 4 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 5 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 6 2012 through June 30, 2013. Each option shall be exercised by written agreement of the 7 8 parties executed on or before expiration of the current term. 9 This Agreement may be terminated at any time by thirty (30) days prior written notice 10 by either party. The terms of this Agreement shall remain in force unless amended by written 11 agreement of the parties executed on or before the date of expiration of the current term of the 12 agreement. 13 4. INDEMNITY. 14 15 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 16 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 17 any kind and nature arising from bodily injury, including death, or property damage, based or 18 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 19 subcontractors, relating to or in any way connected with the accomplishment of the work or 20 p erformance of service under this Agreement, unless the bodily injury or property damage was 21 22 actually caused by the sole negligence of the City, its elected officials, employees, agents or 23 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 24 own expense, including attorney's fees the City, its elected officials, employees, agents or 25 representatives from any and all legal actions based upon such actual or alleged acts or 26 omissions. Vendor hereby waives any and all rights to any types of express or implied 27 indemnity against the City, its elected officials, employees, agents or representatives, with 28 Exhibit"A" 2 1 respect to third party claims against the Vendor relating to or in any way connected with the 2 accomplishment of the work or performance of services under this Agreement. 3 5. INSURANCE. 4 While not restricting or limiting the foregoing, during the term of this Agreement, 5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 6 7 liability insurance, in the amount of 51,000,000.00 combined single limit, and statutory 8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 10 additional named insured in each policy of insurance provided hereunder. The Certificate of 11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 12 termination in the policy. 13 6. NON-DISCRIMINATION. 14 15 In the performance of this Agreement and in the hiring and recruitment of employees, 16 VENDOR shall not engage in, nor permit its officers, employees 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 22 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 23 purposes VENDOR shall be an independent contractor and not an agent 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 Exhibit"A" 3 1 employees, and all business licenses, if any are required, in connection with the services to be 2 performed hereunder. 3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 5 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 6 7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 8 to practice its business or profession. 9 9. NOTICES. 10 Any notices to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service,postage prepaid and addressed as follows: 12 TO THE CITY: Public Services Director 13 300 North"D" Street San Bernardino, CA 92418 14 Telephone: (909) 384-5140 15 TO THE VENDOR: West Coast Arborists, Incorporated 16 2200 E. Via Burton St Anaheim, CA 92806 17 Telephone: (714) 991-1900 18 Contact: Patrick Mahoney 19 10. ATTORNEYS' FEES. 20 In the event that litigation is brought by any party in connection with this Agreement, 21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 24 25 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 27 fees" for the purposes of this paragraph. 28 Exhibit"A" 4 1 11. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 7 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 12. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 21 22 and their respective heirs,representatives, successors, and assigns. 23 15. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 27 28 Exhibit"A" 5 1 16. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 7 and effect. 8 17. ENTIRE AGREEMENT; MODIFICATION. 9 This Agreement constitutes the entire agreement and the understanding between the 10 parties, and supercedes any prior agreements and understandings relating to the subject manner 11 of this Agreement. This Agreement may be modified or amended only by a written instrument 12 executed by all parties to this Agreement. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" 6 1 VENDOR SERVICE AGREEMENT WEST COAST ARBORISTS, INCORPORATED 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2009 West Coast Arborists, Incorporated 7 By: 8 9 Dated , 2009 CITY OF SAN BERNARDINO 10 By: Charles E. McNeely, City Manager 11 Approved as to Form: 12 13 By James F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 7 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 8h day of September 2009, by and 3 between West Coast Arborists, Incorporated ("VENDOR") and the City of San Bernardino 4 ("CITY" or"San Bernardino"). 5 WITNESSETH: 6 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to contract for tree-trimming services; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for tree-trimming services per RFQ F-09-18; and, 11 WHEREAS, Vendor is the lowest and best bidder to provide said services to City; 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F- 17 09-18, for tree-trimming services, dated July 20, 2009, attached hereto as Attachment "I" and 18 incorporated herein by this reference. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as 23 Attachment "2" and made a part hereof, an amount not to exceed amount of 24 $288,900, for tree-trimming services. 25 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 26 27 28 1 1 3. TERM; TERMINATION. 2 The term of this agreement shall be from September 8, 2009 through June 30, 2010. 3 with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 4 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 5 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 6 7 2012 through June 30, 2013. Each option shall be exercised by written agreement of the 8 parties executed on or before expiration of the current term. 9 This Agreement may be terminated at any time by thirty (30) days prior written notice 10 by either party. The terms of this Agreement shall remain in force unless amended by written 11 agreement of the parties executed on or before the date of expiration of the current term of the 12 agreement. 13 4. INDEMNITY. 14 15 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 16 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 17 any kind and nature arising from bodily injury, including death, or property damage, based or 18 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 19 subcontractors, relating to or in any way connected with the accomplishment of the work or 20 p erformance of service under this Agreement, unless the bodily injury or property damage was 21 22 actually caused by the sole negligence of the City, its elected officials, employees, agents or 23 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 24 own expense, including attorney's fees the City, its elected officials, employees, agents or 25 representatives from any and all legal actions based upon such actual or alleged acts or 26 omissions. Vendor hereby waives any and all rights to any types of express or implied 27 indemnity against the City, its elected officials, employees, agents or representatives, with 28 2 1 respect to third party claims against the Vendor relating to or in any way connected with the 2 accomplishment of the work or performance of services under this Agreement. 3 5. INSURANCE. 4 While not restricting or limiting the foregoing, during the term of this Agreement, 5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 6 7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 10 additional named insured in each policy of insurance provided hereunder. The Certificate of 11 Insurance famished to the CITY shall require the insurer to notify CITY of any change or 12 termination in the policy. 13 6. NON-DISCRIMINATION. 14 15 In the performance of this Agreement and in the hiring and recruitment of employees, 16 VENDOR shall not engage in, nor permit its officers, employees 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 22 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 23 purposes VENDOR shall be an independent contractor and not an agent 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 a 27 28 3 1 employees, and all business licenses, if any are required, in connection with the services to be 2 performed hereunder. 3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 5 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 6 7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 8 to practice its business or profession. 9 9. NOTICES. 10 Any notices to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service, postage prepaid and addressed as follows: 12 TO THE CITY: Public Services Director 13 300 North "D" Street San Bernardino, CA 92418 14 Telephone: (909) 384-5140 15 TO THE VENDOR: West Coast Arborists, Incorporated 16 2200 E. Via Burton St Anaheim, CA 92806 17 Telephone: (714) 991-1900 18 Contact: Patrick Mahoney 19 10. ATTORNEYS' FEES. 20 In the event that litigation is brought by any party in connection with this Agreement, 21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 25 26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 27 fees" for the purposes of this paragraph. 28 4 1 11. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 7 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 12. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 21 22 and their respective heirs, representatives, successors, and assigns. 23 15. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 28 5 1 16. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 and effect. 7 8 17. ENTIRE AGREEMENT; MODIFICATION. 9 This Agreement constitutes the entire agreement and the understanding between the 10 parties, and supercedes any prior agreements and understandings relating to the subject manner 11 of this Agreement. This Agreement may be modified or amended only by a written instrument 12 executed by all parties to this Agreement. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 i 1 VENDOR SERVICE AGREEMENT WEST COAST ARBORISTS, INCORPORATED 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 12009 West Coast Arborists, Incorporated 7 By: 8 9 Dated , 2009 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager Approved as to Form: 12 13 By: fi►tiyY-.. . Jam . Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ATTACHMENT "I" rafessiorzals Serning Commurze'ties Who Care About Trees www.WCAINC.com July 20, 2009 City of San Bernardino 300 North "D" Street 4" floor, Purchasing San Bernardino, CA 92418 RE: RFQ F-09-18 —TREE TRIMMING SERVICES CONTRACT DUE: Tuesday,July 21, 2009 @ 10:OOam To Whom It May Concern: Thank you for allowing us the opportunity to submit a proposal for the tree trimming services project for the City of San Bernardino. Enclosed please find our bid package for the above mentioned project. Our company 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. Among our 500 employees, we currently employ 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 (800) 521-3714. — Sincerely, (� Vcui0. A.0 Victor M. Gonzalez Vice President/Marketing West Coast rr 2200 E. Via Burton Street - Anaheim, CA 92806 1 714.991.1900 - 800-521.3714 - Fax 714.956.3745 RFP F-09-1 S 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. 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 Category I Acceptable/as specified 1. GENERAL SERVICES General services will consist of: 1) street tree trimming Acceptable 2) street tree aesthetic trimming 3 palm tree trimmin RFP F-09-13 4) tree and stump removal 5) root pruning 6) tree planting For clarification, street tree trimming is raising the skirt and removing any hazardous limbs. Aesthetic Acceptable 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 Acceptable 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 Acceptable Three 3 men including all necessary RFP F-09-18 equipment/disposal fees included and zero material markup. 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 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 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 perform 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, 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. EQUIPMNETAND PERSONNEL The vendor will provide all equipment, and trained personnel to provide timely tree trimming services. Acceptable Provide a feedback mechanism to keep the City informed on the status of each tree that is trimmed or completed work. The vendor must have the RFP F-09-13 following equipment and personnel: 1. Dump truck ii 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 As Specified B. Roll-off Truck with operator (does not include dump fees) The Crew leader must 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 diameter on complete tree and stump removals. Acceptable 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 must have a minimum of five-(5) years' experience in providing quality tree trimming services. All Acceptable 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 Acceptable whenever possible. Their materials shall not be deposited in a landfill. Ensure all waste materials generated from the services are properly disposed of in accordance with all applicable laws and regulations. All costs for waste disposal are to be included in the Contract RFP F-09-18 Fand de details of method of disposal or nse number of the company that will services for you. Acceptable ust turn i n all dump and weight slips osal. 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 existing trees in the City. The Contractor will be Acceptable responsible for providing the City with information to r14. p the system current and accurate. PICTURES Contractor is to supply, at no cost to the City; e representative pictures of"before" and "after" Acceptable ming that are suitable for reproduction when ested 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 Citys Acceptable option. RFP F-09-1 S 16. REFERENCE LIST Provide three (3) local government agencies and/or company's previous or current contact references Acceptable 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 Services Director, or his designee, will provide a written notice to the vendor stating the deficiencies and specifying a time frame to Acceptable 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 time frame, the Public Services Director, or designee, may exercise the following measures: 1. Deduct from the vendor's payment the 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-09-18 REQUEST FOR RFQ: RFQ F-09-18 DESCRIPTION OF RFQ: Tree Trimming Services Contract BUSINESS NAME/ADDRESS: West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim CA 9 O6 NAME AUTHORIZED REPRESENTATIVE Patrick Mahoney, President TELEPHONE: 714/991-1900 EMAIL: pmahoney@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 of Trunk Diameter on Tree and Stump Removal $ 18 .00 5. Cost per Root Pruning $ 40 . 00 6. Cost per Tree Planting $100 . 00 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.) $ 50 . 00/man/hr C. OTHER: See Additional Page 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. Option 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. Option year 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 become 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 your in order to meet the requirements of the Technical Specifications? Yes_j No (circle one). If you answered "Yes", 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: a PRICE SCHEDULE City of San Bernardino — Additional Tree Maintenance Services Description Unit Unit Cost Crew Rental Services per man hour $60.00 The standard crew consists of three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks. Service request pruning/Crown restoration each $149.00 or Crown reduction pruning 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 per hour $120.00 - 95-ft aerial tower per hour $120.00 Tree Planting Services (price includes tree, labor, and materials) 24 inch box each $245.00 36 inch box each $800.00 Arborist Services & Report Writing hourly $120.00 Tree Watering per day $450.00 Contractor agrees to extend contract terms, conditions and prices to all qualified agencies. The CITY, at its option and with CONTRACTOR concurrence, may renew this contract for additional three year periods, in one year increments, on the same terms and conditions as provided herein. This option may be exercised only if the CONTRACTOR demonstrates superior performance in the provision of tree maintenance services during the prior five year contract term, assuming all of the annual renewal options were awarded. RFP F-09-18 This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ 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 RFQ. Below,. please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Received on: 4 09 Addenda No: Received on: ' Addenda No: 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: 866/936-0739 EMAIL.Pmahoneyowcainc.com IF SUBMITTING A"NO BID", PLEASE STATE REASON (S) BELOW: RFP F-09-13 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 of free competitive Bid in connection with RFQ F-09-18. Business Name West Coast Arborists, Inc. Business Address 2200 E. V'a Burton Street na Signature of Bidder(s) Patric ney, Pre ident Anaheim, California Place of Residence Subscribed and sworn before me this 20th day of July 2009- Notary Public in and for the County of Orange State of California. My commission expires January 27 2011 , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange JS On 07/20/09 before me, Victor M.Gonzalez,Notary Public Dora wre rrrna eM a nor orrr� personally appeared Patrick Mahoney Hamel:)a sap,nta) who proved to me on the basis of Rtisfactory evidence to be the person() whose name(X) are subscribed to the within instrument and acknowledoed to me that I�e�He/Mrey executed the��� �,m�,�,�, fho r aurized capacity(", and that by s`S/ """'"'r signature(s) on the instrument the person(sr or the entity upon behalf of VICTOR M. GONZALEZ which the person(*acted, executed the instrument. commis3lon 0 1721287 •i Notary Public -California I certify under PENALTY OF PERJURY under the laws orange county of the State of California that the foregoing paragraph is NIVC41ri Jon 27.2011 true and correct. WITNESS my hand and official seal. Signature �( v Place Ndary Sea�EOre Si9rveire o odic 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 Title or Type of Document: Non-Collusion Affidavit Document Date: 7/20/09 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(fes) Claimed by Slgner(s) Signets Name: Patrick Mahoney Signers Name: ❑ Individual ❑ Individual ❑x Corporate officer—TUIe(s): President ❑Corporate Officer—Title(s): Asst-Secretary ❑ Partner—❑ Limited❑ General _ ❑ Partner—❑Limited El General El Attorney in Fact ❑Attorney in Fact - ❑ Trustee Top of Thumb Mere ❑Trustee Top of Numb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing:wm coact Signer Is Representing: AA.isu,Inc. 02M)NaeaW haarY AxvotiYion•Sl'AnaSono R•a,P.a Bet 2a02•dobworR�.G 813rS2Ge2•w,waN;SaruNdaryug fleet x5301 Flaatler:Cae TOFFmet-BDP6/8EB2/ < q@ f . @ u k \ \/ / j � , 2 ! / • \$ ��3 / § < ) a g 2 ! ƒ ) 4 \ - D ( ua ; u / - J } � 1., § C') [ ) � 7 �\ . � w § V/} / ] § / & ( / y , / § 2e 2z § �5 ; # NAOCA& Tree Care Professionals Serving Communities Wbn Care About Trees w .WC41NCeom State Of California CONTRACTORS STATE L10ENS E ROAM, ED) �o ACTIVE LICENSE EMS CORP 8U Name WE T COAST ARBORISTS INC o 081100 C- 7 West Coast Arbor ists, Inc. 2200 E. Via Burton Street, - Anaheim, CA 92806 - 7.14.991.1900 - 80OZ21.3714 Fax 714.956.3745 F Certificate of Insurance THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION.ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE 5 NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW This is to Certify that EST COAST ARBORISTS,INC NAME AND ��• Liberty ADDRESS 2200 EAST VIA BURTON NAME OF INSURED MUtUa.�® ANAHEIM CA 92806 ia,M the esuc dale orthvi cenifiatc,immcd by the Company uadar the policy(its)frsled brow.Tho inmrarcr afforded by IN Bated pWvy(ics)s sub)em la an Ibon Rmn,Mhah.ertl Canditimo and u m ahcted by any nquimamu,term or condition afany comaet or aWr d000mord wish napcct W which me ccniflwc maybe oaacd. EXPDATE- TYPE OF POLICY El CONTINUOUS ❑EXTENDED POLICY NUMBER LIMIT OF LIABILITY 0 POLICY TERM WA2-65D-039499-079 COVERAGE AFFORDED UNDER WC WORKER$ 7/1/2010 LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY COMPENSATION CA Bodily 'wy by AecideN STATUTORY 1000 Rlao. Bodily injury By Discaac $1.000,000 Bodily I'd.,By Diseue $1,0 000 GENERAL LIABILITY 711/2010 TB2.661-039499-019 Gotten)Attamamn—Other than Pmdana/Completed Opaatimn $2,000.000 OCCURRENCE Phd a/Compksd Opcnaions Aggregate ❑CLUMS MADE 2 000 000 Bodily Injury W Properly Damage Liebdiry 0 0 0 Per ov:a,.aar ItETRO DATE Personal Injury Ibemr 10b0e,0000 Pm Pcson/ohimyoa OME DAMAGES$100,000 'MEDICAL PAYMENTS$5,000 AUTOMOBILE 7/1/2010 AS7-661-039499-039 Each ACidcm—Singlc Limit LIABILITY $1.000,000 B.1.AM P.D.Combined OWNED Each Photon NON-0WNED EachA ideNmOcemcaoc LJ HIRED PACK Aaidcm a Oa.. OTHER /112009 71112010 TH2-661.03 94 99-04 9 $5.000,000 PER OCCURRENCEIAGGREGATE 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. qq yy ANAPPLHOfOC RF FILES CLAIM �tOOR DfPRAUDO RNOrWaw,s ouOLTy FAC OaURauING�iMVDAGAaNai AN'NSURFA,SUBMITS AN APPLICATION OR FnFS A CWM COMANaaG A FALSE Qa OECEFTNE StwTFAFQar IS GURTY OF INSURANCE rPAW. DeWORTANT NOTICE TO FLO RIDA FDMCYHOI Us AND CERTIFICATE HOLDERS:IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY RFASON.PU FASF.lT1NTAr:r YOUR LM:AL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE THE APPROPRIATE LOCAL SALES OFFICEMAILNG ADDRESS MAY AISO BE OBTANED BY CALLING THOS HUMRUL Llbmly MYlml NOTICE OF CANCELLATION:MOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) IaTUanCt G BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT C LKEL OR REDUCE THE r roup INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LFAST 1() DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MANED TO: FCity of San Bernardino ' "ft- CL City Clerk's Office `D Sandy Fox ,Qy nglewcod/0972 AUTHORIZED REPRESENTATIVE a° 300 North D Sheet 5975 S Quebec St.Suite 100 Englewood CO 80111 303708-8260 6/112009CO 80111 303708-8260 6/1/2009 Lan Bernardino CA 92418 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Finusrance.me Of Additional Insured Person(s) Location(s)Of Covered Operations Or Or anization s : ner, lessee, or contractor for whom you have n writing prior to a loss to provide liability Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional ezclu- organization(s) shown in the Schedule, but only sions apply- with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equip- ment furnished in connectlon with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the add'Rlonal insured(s) at the location(s) desig- covered operations has been completed;or nated above. CG 2010 07 04 0 ISO Properties, Inc.,2004 Page 1 of 2 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 other than another contractor or subcontractor en- gaged in performing operatlons for a principal as a part of the same project. This endorsement Is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 04-01-2009 Expiration Date 07-01.2010 For attachment to Policy No. TB2.661-039499-019 Audit Basis Issued To West Coast Arborists Inc Countersigned by AuNOiirW Rapresanlafrve - Issued Sales Office and No. End.Serial No. 04/0112009 Englewood,CO/0972 OPage 2 of 2 0 ISO Properties, Inc-,2004 CG 2010 07 04 d N N m 0 0 0 c 00000009 o a O L666440 - N Nj y Uumsw�'Awiaw w� � o z d N N U u 0 0 � o o o c v m � N r6 O1 c Or u6 inc p m p Py `v �? m > sNS Chw Mw e9'A nw in wa O c n O z N j C N N 'ap C 0000900 G O U) J 0 0 0 0 0 0 0 p 0 ci (O O N o N Ola ��bN9ww�b09 p� d C z a c i N J O O O O O O O O N O�C'JOinNNO � � N E owwwww'y� p c N U 0 , 00a a M 0 0 0 0 0 0 0 0 N Q� JwMwt9w�tl9 � C C � � N L 0 0 0 0 0 0 0 0 0 0 O L O O N Q � zwwl9wwwwM N O C N �. 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