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HomeMy WebLinkAboutR2- Purchasing CITY OF SAN BERN.RDINO REQUEST F R COUNCIL ACTION From: Dean R. Meech, Purchasing Agent Subject: Tree Trinming, City Wide Purchasing Date: September 3, 1993 Bid: F-94-05 Synopsis of Previous Council action: None Recommended motion: Adopt resolution. Dean R. Meech Signature Contact person: Dean R. Meech, Purchasing Agent 384-5085 Phone: Supporting data attached: Yes Ward: N/A FUNDING REQUIREMENTS: Amount: $.29,500.00 *EDA funds - $300 ,000 Source:JAcct. No.) 001-404-53150 (Acct. Description) Professional/Contractual Services * Finance: ' icil Notes: On July 6 , Community Development Commission approved utilization of golf course revenue funds for tree trimming services. 75-0262 /7 AnPnrin Ito- AI.. 1 CITY OF SAN BERNaRDINO _ REQUEST F*:,R COUNCIL ACTION STAFF REPORT F-94-05 The proposed purchase is for tree trimming services throughout the City to be utilized in daily operations by the Public Services/Street Department. At the request of the department, appropriate specifications were prepared, published and furnished to area suppliers. Bids were publicly opened and declared on August 241 1993 . The following is a summary of bids received. COMPANY TOTAL BID (INCLUDING TAX) Asplundh No Bid Los Arboles Nursery Inc No Bid *West Coast Arborist Inc $397, 500. 00 Quast Tree Service No Bid Golden Bear Arborists Inc $412 , 500. 00 At the Economic Development Agency Council Meeting of July 6, 1993, item #34 was discussed at length by Council and the determination was made to deny the exemption of M.C. 3 . 04. 010-82 concerning this service. Although no Council Action correspondence occurred that Purchasing was aware of, it is understood by direction that Council wished the 1 tree trimming service City wide to be re-bid with the view of giving all local vendors an opportunity to participate. With this direction the Public Services Department provided appropriate specifications. All vendors listed in the vendor source under this commodity were provided a bid package. The City also announced the bid opportunity in the newspaper of general circulation in the County. No local vendors responded. A pre-bid meeting was held, and all were informed of this pre-bid meeting in the bid so that a complete understanding and discussion, if warranted, could benefit all interested parties. Forty-three (43) vendors supplying this service were solicited. Two valid offers were received out of five responses. There were three no bids. Although the lowest bid of $397, 500. 00 is $68, 000 over the estimated encumbrance, the specification was clear that the bid was based on tasks approximate. These tasks can and most likely will be adjusted to true and actual production requirements. This clause was in the specifications and all bidders were aware of this from the pre-bid meeting. They understood the requirement and bid accordingly. 75-0264 0 Staff Report: F-94-05 CO Tree Trimming Services September 2 , 1993 Page 2 The recommended bidder, West Coast Arborist, intends to utilize as many local people as can be qualified for the work in this bid. The bidder also has established a local business address in the City for addressing his further activities in the Inland Empire. Specifications as bid have been reviewed with the Director of Public Services Department who concurs that the bid of West Coast Arborists meets specifications and requirements. It is therefore recommended that the bid be accepted for contract. The equipment funding is $300, 000 Economic Development Agency funded and $29,500 City General Funding Acount number: 001-404-53150 (City plus EDA) Total Amount: $329, 500. 00 Dean R. Meech, Jim owel , Assistant irector Purchasing Agent o ublic Services C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY ADMINISTRATOR'S OFFICE DATE: September 13, 1993 TO: Mayor and Common Council FROM: Fred Wilson, Assistant City Administrator SUBJECT: Award of Contract for Tree Trimming Services in RDA Project Areas COPIES: Manuel P. Moreno, Director of Public Services --------------------------------------- On July 6, 1993 the Community Development Commission considered a request from the Public Services Department to award a contract to West Coast Arborists, Inc. for tree trimming services in RDA project areas. The amount of the contract was $300, 000. The vendor had agreed to "piggyback" this bid from a bid recently submitted to the City of Tustin at a unit price of $39. 00 per tree. The Purchasing Agent had indicated that this type of purchase was permissible in the Municipal Code. After some discussion, the Community Development Commission instructed staff to bid this service in order to give local vendors the opportunity to provide this service. In accordance with these instructions, the Public Services Department prepared bid specifications and sent them to forty-three tree trimming vendors. Of the forty-three vendors, two valid bids were received out of a total of five responses (the other three respondents indicated that either they were too busy or the project was to large for them) . The recommended low bidder, West Coast Arborists, Inc. submitted a bid of $397, 500 which was $97,500 over the budget of $300, 000. The unit price per tree increased from $39. 00 to $53 . 00. West Coast Arborists, Inc. indicated that their increased unit price was due to a field inspection of the trees and the amount of trimming to be performed since a majority of the trees had not been trimmed for several years. Since the bid specifications provided the flexibility to reduce the number of trees to be trimmed to correspond to the available funding, a reduction was made in the trees to be trimmed. The Public Services Department also budgeted $29, 500 for the FY 93/94 for contract tree trimming services City-wide and has recommended that this figure be added to the $300, 000 contract to increase the total tree trimming contract to $329, 500. The Purchasing Agent has prepared the attached staff report which P/Jead ides more detailed information relative to this purchase along , he ne cessary contract documents. Wilson Assistant City Administrator 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 WEST COAST ARBORISTS, INC. , RELATING TO TREE TRIMMING SERVICES FOR TREE TRIMMING PURPOSES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO A FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute, on behalf of said City, an agreement between the City of 8 San Bernardino and West Coast Arborist, Inc. , relating to tree 9 trimming services for tree trimming purposes. 10 SECTION 2 . The authorization to execute the above 11 referenced Agreement is rescinded if the parties to the Agreement 12 fail to execute it within sixty (60) days of the passage of this 13 Resolution. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting thereof, held on the 17 day of 199 , by 18 the following vote, to wit: 19 20 21 22 23 24 25 27 09-02-93 28 fl 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST 2 ARBORISTS INC. , RELATING TO TREE TRIMMING SERVICES FOR TREE TRIMMING PURPOSES. 3 4 Council Members: AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 DEVLIN 10 POPE-LUDLAM 11 MILLER 12 13 City Clerk 14 The foregoing resolution is hereby approved this 15 day of , 199 16 17 Tom Minor, Mayor 18 City of San Bernardino Approved as to form 19 and legal content: 20 James F. Penman, 21 City Attorney By: 22 23 24 25 26 27 28 09-02-93 -2- 0 1 AGREEMENT [` 2 THIS AGREEMENT is entered into as of this day 3 of , 1993 , by and between WEST COAST ARBORISTS, 4 INC. , ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY") . 5 WITNESSETH: 6 A. WHEREAS, CITY has need for tree trimming services within the CITY and, 7 B. WHEREAS, CONTRACTOR is competent, experienced and able 8 to perform said services: and, 9 C. WHEREAS, CONTRACTOR has provided the lowest responsible 10 bid for the providing of such services; 11 NOW THEREFORE, the parties hereto agree as follows: 12 1. CONTRACTOR shall furnish tree trimming services to CITY 13 in accordance with Bid Specifications F-94-05. 14 2 . Over the term of this Agreement, CONTRACTOR shall be paid 15 for such services to a total amount not to exceed $329, 500. 00 16 determined in accordance with Bid Specification F-94-05. 17 3. CONTRACTOR shall provide the Public Services Department 18 19 with a monthly invoice in arrears and shall be provided payment 20 within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 21 22 4. The term of this Agreement shall be one (1) year from the date first above shown. 23 24 5. CONTRACTOR agrees to defend, indemnify, save and hold 25 CITY, its officer, agents and employees harmless form any claims 26 or suits that may be brought by third persons on account of 27 1 28 1 personal injury, death or damage to property or a property or 2 business or personal interest, arising from any negligent act or 3 omission by contractor while performing services under this 4 Agreement. 5 6. While not restricting or limiting the foregoing, during 6 the term of this Agreement, contractor shall maintain in effect 7 policies of comprehensive public, general and automobile liability 8 insurance, in the amount of $1, 000, 000. 00 combined single limit, 9 and statutory worker's compensation coverage, and shall file 10 copies of said policies with the CITY'S Risk Manager prior to 11 undertaking any work under this Agreement. 12 7 . CONTRACTOR shall perform work tasks as directed by the 13 Public Services Department, but for all intents and purposes 14 contractor shall be an independent contractor and not an agent or 15 employee of the CITY. 16 8• In the performance of this Agreement and in the hiring 17 and recruitment of employees, contractor shall not discriminate on 18 the basis of race, creed, color, religion, sex, physical handicap, 19 ethnic background or country of origin. 20 9 . Any notice to be given pursuant to this Agreement shall 21 be deposited with the United States Postal Service, postage 22 prepaid and addressed as follows: 23 TO THE CITY: Public Services Director 300 North "D" Street 24 San Bernardino, CA 92418 25 TO THE CONTRACTOR: West Coast Arborists, Inc. , 2438 N. Sterling Ave #322 26 San Bernardino, CA 92404 27 2 28 I Nothing in this paragraph shall be construed to prevent the 2 giving of notice by personal service. 3 IN WITNESS WHEREOF, the parties hereto have executed this 4 Agreement on the day and date first above shown. 5 CITY OF SAN BERNARDINO 6 By: 7 Tom Minor, Mayor City of San Bernardino 8 9 ATTEST: WEST COAST ARBORISTS, INC. , 10 By: - Rachel Clark, City Clerk 11 12 Approved as to form and legal content: 13 James F. Penman, 14 City Attorney 15 By: 16 17 18 19 20 21 22 23 24 25 26 27 09-02-93 3 28