HomeMy WebLinkAbout05.M- Public Works 5.M
RESOLUTION (ID#3008) DOC ID: 3008 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 04/21/2014
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and
directing the Director of Administrative Services to Amend the FY 2013-14 Budget by
Allocating Previously Unallocated HUTA (Gas Tax) Funds of $200,000 to Account No. 527-
400-0001-5502 "Professional/Contractual Services," authorizing the Execution of the First
Amendment to an Agreement with West Coast Arborists, Inc., and Increase Contract Purchase
Order No. 2014-1356 for an amount not to exceed $435,000 to West Coast Arborists, Inc., for
Tree Trimming Services. (#3008)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $360,000
Account No. 527-400-0001-5502
Account Description: Professional/Contractual Services
Balance as o£ March 19, 2014 $124,753
Balance after approval of this item: $324,753
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
11/18/13 Resolution No. 2013-320 was approved authorizing the execution of a Vendor
Service Agreement and issuance of a Contract Purchase Order in the total amount not
to exceed$235,000 to West Coast Arborists, Inc. for tree trimming services.
Background:
The Public Works Department is responsible for the maintenance, repair, removal and aesthetics
of approximately 52,000 trees within the City of San Bernardino. Routine pruning of the trees is
essential to public safety because it helps prevent falling limbs and it helps with keeping
sidewalks and roadways clear of low-hanging branches. Routine pruning is also essential for
tree health. Well maintained and healthy trees enhance the overall beauty of the City.
Currently, there are approximately 1,100 open requests for various types of services needing to
be rendered to trees throughout the City. These service requests are in addition to the backlog of
routine work that still has to be performed. The department of Public Works, authorized with
prior Council approval, issued a contract to West Coast Arborists, Inc. to augment the work of
Updated:4/9/2014 by Olivia Wolff F Packef Pg. 135
3008
City staff and assist in reducing the backlog. By amending the current agreement to include
additional funds, staff is seeking to decrease the amount of open work orders to a more
manageable level.
Staff recommends that the Mayor and Common Council of the City of San Bernardino authorize
and direct the Director of Administrative Services to appropriate $200,000 from Unappropriated
Gas Tax Reserve to Account No. 527-400-0001-5502, Professional/Contractual Services, and
authorize the execution of the first amendment to an agreement with West Coast Arborists, Inc.,
and increase Contract Purchase Order No. 2014-1356 to an amount not to exceed $435,000, for
tree trimming services.
City Attorney Review:
Supportinp_Documents:
reso 3008 (PDF)
agrmt 3008 (PDF)
Reso 2013-320 (PDF)
Agreement (PDF)
1
E
Updated:4/9/2014 by Olivia Wolff F Packet Pd.'-1,36,",
5.M.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
3 ADMINISTRATIVE SERVICES TO AMEND THE FY 2013-14 BUDGET BY
4 ALLOCATING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS OF
$200,000 TO ACCOUNT 527-400-0001-5502 "PROFESSIONAL/CONTRACTUAL
5 SERVICES", AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT
TO AN AGREEMENT WITH WEST COAST ARBORISTS, INC., AND INCREASE
6 CONTRACT PURCHASE ORDER 2014-1356 FOR AN AMOUNT NOT TO EXCEED
7 $435,000 TO WEST COAST ARBORISTS,INC., FOR TREE TRIMMING SERVICES.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
9 0
L
10 a
SECTION 1. The City Manager and the Director of Administrative Services are y
M
0
11 hereby authorized and directed to amend the FY 2013-14 Budget to add previously N
12
unallocated HUTA (Gas Tax) funds of $200,000 to Account 527-400-0001-5502
13 �'
14 "Professional/Contractual Services"for tree trimming services.
15 SECTION 2. The City Manager is hereby authorized and directed to execute an c
M
16 Amendment to an Agreement with West Coast Arborists, Inc., Inc., a copy of which is o
0
17 attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though N
d
18 L
set forth at length.
19 E
20 SECTION 3. The Director of Administrative Services or his designee is hereby
a
21 authorized and directed to increase Contract Purchase Order 2014-1356 for an amount not to
22 exceed $435,000 to West Coast Arborists, Inc., which shall reference this resolution and shall
23 incorporate the terms and conditions of this Agreement.
24
SECTION 4. The authorization to execute the above referenced Purchase Order and
25
26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
27 passage of this resolution.
28 /II
Packet Pg.137
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
2 ADMINISTRATIVE SERVICES TO AMEND THE FY 2013-14 BUDGET BY
ALLOCATING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS OF
3 $200,000 TO ACCOUNT 527-400-0001-5502 "PROFESSIONAL/CONTRACTUAL
4 SERVICES", AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT
TO AN AGREEMENT WITH WEST COAST ARBORISTS, INC., AND INCREASE
5 CON'T'RACT PURCHASE ORDER 2014-1356 FOR AN AMOUNT NOT TO EXCEED
$435,000 TO WEST COAST ARBORISTS,INC., FOR TREE TRIMMING SERVICES.
6
7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting
w
N
9 thereof,held on the day of , 2014, by the following vote,to wit: 0
L
10 a
Council Members: AYES NAYS ABSTAIN ABSENT
11 0
12 MARQUEZ
13 BARRIOS
14 VALDIVIA
00
15 SHORETT o0
M_
16 NICKEL 0D
0
0
17 0
JOHNSON
18
19 MULVIHILL
20
a
21 Georgeann Hanna, City Clerk
22 The foregoing resolution is hereby approved this day of , 2014.
23
24
25 R. CAREY DAVIS,Mayor
City of San Bernardino
26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
28 B . L �
Packet Pg:138
i
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH WEST COAST
ARBORISTS, INC. FOR TREE TRIMMING SERVICES
This First Amendment to Vendor Service Agreement with West Coast Arborists,
Inc. for Tree Trimming Services is entered into this 7th day of April, 2014, by and between
West Coast Arborists, Inc. ("VENDOR") and the City of San Bernardino ("CITY").
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 o
L
WHEREAS, VENDOR was the lowest responsible bidder for tree trimming services a
N
t6
(RFQ F-14-14) and was awarded a contract by the Mayor and Common Council on November 4,
w
d
2013 by Resolution 2013-320, in the amount of$235,000 for FY 13/14 ("Agreement"); and
NOW,THEREFORE,the parties hereto agree as follows:
1. Section 2. Compensation and Expenses of the Agreement is hereby amended to increase o
M
the amount to $435,000.
00
0
0
2. All other terms and conditions of the Agreement shall remain in full force and effect. E
L
c
d
E
Q
111
Exhibit"A"
1
Packet-Pb. 139
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: , 2014 WEST COAST ARBORISTS, INC.
By:
Its:
Dated: 32014 CITY OF SAN BERNARDINO
B w
y-
Allen 3, Parker, City Manager M
Q
Approved as to Form:
GARY D. SAENZ, L)
City Attorney
a�
By:
` � d
co
0
0
M
O
O
O
M
E
RS
C
d
t
V
t6
Q
Exhibit"A"
2
Packet Pg. 140
I RL++'„SOLUTION NO. 7013-320
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE E
3 AGREEMENT AND ISSUANCE OF EXECUTION OF A V.I✓IVllOIZ SERVICE
Y t
A CONTRACT PURCHASE ORDER IN THE
4 TOTAL AMOUNT NOT TO EXCEED $235,000 TO WEST' COAST ARBORISTS,
INC. FOR TREE TRIMMING SERVICES.
5
G WHEREAS, West Coast Arborists, Inc. was determined to have submitted the lowest
7 and most responsive bid for the purpose of providing tree trimming services per RFQ F-14-
8 14;
0
.a
a`
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
10 CITY OF SAN BERNARDINO AS FOLLOWS:
O
U
11 SECTION 1. The City Manager of the City of San. Bernardino is hereby authorized to 3:
12 execute on behalf of said City a. Vendor Service Agreement betweell tlae City of San 0 cc
13 P
Bernardino and West Coast Arborists, Inc., a copy of which is attached Hereto, marked as
14
Exhibit"A.", and ineaalxorated herein by this reference as full °
15 ) as though set forth at Icaagtla•
SECTION 2. That pursuant to this determinatioia the Director of Administrative N
O
Services or his designee is hereby authorized to issue a Contract purchase order to West Coast c
17
1.$ Arborists, Inc. in the total amount not to exceed$235,000.
1.9
SECTION 3. 'I'lae Purchase Order shall reference this Resolution Number and shall d
20
read, "West Coast Arborists Inc. for tree trimnaira.Y
b
2.1 services. Agreement not to exceed_ a
zz $235,000"and shall incorporate the.terms and conditions of the agreement.
23 SECTION 4. "he authorization to execute the above referenced Purchase Order and
24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
25 passage of this resolution.
26 I/l
27
28
Packet Pg. 141
2013-320
RESOLU
I TION OF T11E, MAYOR AND COMMON
COUNCII, OFTHE CITY OF
SAN BERNARDINO A UTHORIZING THI.,' E XE CUTIO
2 N OF A VE NDOR SERVICE
AGREEMENT AND ISSUANCE, OF A CONTRACT PURCHASE ORDER IN THE
TOTAL AMOUNT NOT TO EXCEE D $235,000 TO WEST COAST ARBORISTS,
3 INC.FOR TRER,TRIMMING SE RVICES.
4
5
6 1 HEREBY CERTIFY that the fore
going Res0l"tiOn was duly adopted
7 Con"llon Council of tile City of San by tile Mayor and
Bernardino at a joint
meeting
8 thereof held oil tile 0
18 thday Of Nov er
--L 2013, by tile following
9 Vote, to wit:
COundl Members:
10 AYE,S 0
N A YS ABSTAIN ABSE-NT
MARQIJE,7
x
12 JENKINS (D
13 VALDIVIA
14 00
SHORETT Q
VACANT
16 C?
JOHNSON
17 x
04
IS MULVIIJIL 0
cn
LL (D
x
19
E
20
It21 Gcor&, 1311 Hanna, CitY Clerk
22 Tile foregoing resolllion is hereby approved this Va T-t-A. ,
23 Uay of 201
24
25 1'ris, Mayor
APProved as to fori),., City Of San Bernardino
26 GARY D. SAENZ,
27 'City Afforney
28 13 p,
2013-320
VENDOR SERVICE AGREEMENT BETWEEN WEST COAST ARBORISTS, INC.
AND CITY OF SAN BERNARDINO
This Vendor Service Agreement is entered into this 4th day of November, 2013, b3
and between West Coast Arborists, Inc. ("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;
r
N
'i
WHEREAS, The City of San Bernardino did solicit and accept quotes from availablf M
a
r
vendors for such tree trimming services; and o
u
WHEREAS, VENDOR was determined to be the lowest bidder to provide said service: a
to City; and
N
d
i
NOW, THEREFORE,the parties hereto agree as follows:
co
1. SCOPE OF SERVICES.
0
M
For the remuneration stipulated, San Bernardino hereby engages the services of E
VENDOR to provide those services as set forth in RFQ F-14-14, a copy of which is on file it
a
the Public Works Department and a copy of the Price Form is attached hereto as Attachmeni
E
"1"and incorporated here by this reference. a
a
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$235,000 for tree trimming services pursuant
to RFQ F-14-14.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
1
Packet Pg. 143
2013-320
3. TERM; TERMINATION.
The term of th i s agreement shall be from November 18, 2013 through June 30, 2014.
This Agreement may be terminated at any time by thirty (30) days' written notice b)
either party. The terms of this Agreement shall remain in force unless amended by writter
agreement of the parties executed on or before the 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 N
0
M
agents or representatives, free and harmless from all claims, actions, damages and liabilities o: a
r
N
M
any kind and nature arising from bodily injury, including death, or property damage, based of c0
r
N
asserted upon any or alleged act or omission of VENDOR, its employees, agents, of
a�
subcontractors, relating to or in any way connected with the accomplishment of the work of a
performance of service under this Agreement, unless the bodily injury or property damage wa, c
0
actually caused by the sole negligence of the City, its elected officials, employees, agents of
c
a�
representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend a d
a�
L
its own expense, including attorney's fees the City, its elected officials, employees, agents of a
c
d
representatives from any and all legal actions based upon such actual or alleged acts of E
cc
omissions. VENDOR hereby waives any and all rights to any types of express or implies a
indemnity against the City, its elected officials, employees, agents or representatives, witt
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 automobilf
Exhibit"A"
2
Packet Pg. 144
2013--320
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 at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, L
0
L
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, a
N
discrimination in employment of persons because of their race, religion, color, national origin, ci
v
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
d
N
R5
sexual orientation, or any other status protected by law.
_
7. INDEPENDENT CONTRACTOR. 00
0
0
M
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
a�
purposes VENDOR shall be an independent contractor and not an agent or employee of the E
L
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a
_
d
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment E
U
f9
Compensation, and other payroll deductions for VENDOR and its officers, agents, and Q
employees, and all business license, 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,
Exhibit A
3
Packet Pg. 145
2013-320
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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 Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
T
L.
TO THE VENDOR: West Coast Arborists, Inc. a
2200 E Via Burton Street a
Anaheim, CA 92806 0
Telephone: 800-521-3714 v
Contact: Patrick Mahoney
9. ATTORNEYS' FEES.
N
R3
d
i
In the event that litigation is brought by any party in connection with this Agreement, S
co
the prevailing party shall be entitled to recover from the opposing party all costs and expenses, M
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of E
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
Q
provisions hereof Attorney's fees for the City Attorney and members of his office shall be
E
calculated based on market rate for comparable services. a
Q
10. ASSIGNMENT.
i 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
Exhibit"A"
4
Packet Pg. 646'
2013-320
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. 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
N
mandatory and not permissive in nature. o
L
12. GOVERNING LAW. a
0
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
d
U)
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
oe
c
and their respective heirs,representatives, successors, and assigns. c
0
M_
14. HEADINGS. w
c
a�
The subject headings of the sections of this Agreement are included for the purposes of
L
convenience only and shall not affect the construction or the interpretation of any of its a
c
as
E
provisions.
15. SEVERABILITY. Q
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.
Exhibit"A"
5
Packet Pg..147
2013-320
g
16. ENTIRE AGREEMENT; MODIFICATION.
g
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 instrumen
executed by all parties to this Agreement.
111
2
o
L
Q
}a
y
t6
O
v
d
N
R
d
L
U
00
O
O
M
U
E
d
d
L
Q
cD
G
U
t6
r.+
a
Exhibit"A"
6
Packet Pg. 148
2013-320
VENDOR SERVICE AGREEMENT
BETWEEN WEST COAST ARBORISTS,INC.AND
THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day ane
date set forth below.
Dated: 2.ynber )&, 2013 WEST C S PIS S,INC.
By:
0
a
Dater ,2013 CITY OF SAARDINO
0
By:
Alle City Manager
Approved as to Form:
a�
Gary D. Saenz, City Attorney
a�
L
By: o .�. �-� cL o
M
C
d
E
W
d
L
Q
w+
E
V
R
r
Q
Exhibit"A"
7
Packet Pg.'149