HomeMy WebLinkAbout05.AH- Public Works 5.AH
RESOLUTION (ID #3097) DOC ID: 3097 G
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 07/21/2014
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 Directing the
Director of Finance to Amend the FY 14/15 Budget to Transfer $202,700 from Account 126-
400-0088-5502 (Professional/Contractual) and $197,300 from Account 126-400-0088-5505
(Other Professional Services) to Account 126-400-0090-5502 (Professional/Contractual) and
Authorizing the Execution of an Agreement and Issuance of a Purchase Order with Three (3)
One-Year Extensions at the City's Option for a Total Amount Not to Exceed $442,400 to West
Coast Arborists, Inc. for Tree Trimming Services. (#3097)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $0
Account No. 126-400-0090-5502
Account Description: Professional/Contractual Services
Balance as o£ 7/14/2014 $0
Balance after approval: $400,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
04/21/14 Resolution No. 2014-104 was approved 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)
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 and aesthetics of
approximately 52,000 trees, including those located in the various Landscape Maintenance
Updated: 7/16/2014 by Linda Sutherland G I Packet Pg. 575
3097
Districts. Routine trimming of the trees within city limits is essential to public safety because it
helps prevent falling limbs, improves visibility and keeps sidewalks and roadways clear of low-
hanging branches. It also assists in keeping the trees healthy and enhances the overall beauty of
the City.
On March 31, 2014, a formal bid process was initiated to solicit bids for tree trimming services.
Notices were posted on the City of San Bernardino website, printed in The Sun newspaper, and
mailed to the San Bernardino Area Chamber of Commerce. Bid packets were also sent to five
local vendors and four non-local vendors. Two non-local vendors responded.
The bidders were requested to submit pricing on tree trimming services and to include the cost of
renting a Brush Bandit 280 chipper (or equivalent) for City use. The request for the chipper was
included because the City currently does not have an operational chipper. When trees are
trimmed or when branches fall, the limbs are run through a chipper, which breaks down the
debris into mulch and diverts it from the landfill in accordance with AB939.
The vendor,business location, and total bid prices are listed below:
Vendor Location Total Price
West Coast Arborists Anaheim $650.00
George Salinas Tree Preservation Placentia $8,004.00
It is important to note that there is a formal bid protest related to RFQ F-14-27. Lucy Herrera of
George Salinas Tree Preservation (GSTP) sent a letter on May 15, 2014, to Vanessa Sanchez,
Accounting Assistant in the Finance Department, which indicated that awarding to West Coast
Arborists would not benefit the City or its residents, due to wasteful spending. She also attached
correspondence that GSTP had with the City of Placentia in the past regarding a similar issue.
On May 29, 2014, Edwin Carney, Attorney for GSTP, began communicating with Donn
Dimichele of the City Attorney's Office, who stated GSTP mistakenly wrote $75,000 for the
monthly rental of the chipper, which was intended to be $75.00/mo. He goes on to make several
other points and argues the issue. The California Contracting Code does not allow contractors to
change their bid after the bids have been opened; therefore, his argument is a moot point (see
attached documents from GSTP).
West Coast Arborists is the contractor who is currently working for the City trimming trees.
They are known for quality work and we have had no problems with them over charging the City
for work done. They have responded to the letters the City received from GSTP (their response is
attached).
Funding for tree trimming services requires an amendment to the FY 14/15 budget by
transferring $202,700 from Account 126-400-0088-5502 (Professional/Contractual - Street
Maintenance), transfer $197,300 from Account 126-400-0088-5505 (Other Professional Services
- Street Maintenance) to Account 126-400-0090-5502 (Professional/Contractual - Tree
Maintenance).
West Coast Arborists, Inc. was determined to have submitted the lowest bid. Staff recommends
that the Mayor and Common Council direct the Director of Administrative Services to Amend
Updated: 7/16/2014 by Linda Sutherland G Packet Pg. 576
3097
the FY 14/15 Budget to transfer $202,700 from Account 126-400-0088-5502
(Professional/Contractual), transfer $197,300 from Account 126-400-0088-5505 (Other
Professional Services) to Account 126-400-0090-5502 (Professional/Contractual) and authorize
the execution of an Agreement and issuance of a Contract Purchase Order with three (3) one-
year extensions at the City's option for a total amount not to exceed $442,400 to West Coast
Arborists, Inc. for tree trimming services.
City Attorney Review:
Supporting Documents:
reso 3097 (PDF)
agrmt 3097 (PDF)
Bid Summary (PDF)
Bid Packet (PDF)
Letters from West Coast Arborists (PDF)
Letter from Edwin Carney-Attorney at Law(PDF)
Ltr from Carney 6-13-14 (PDF)
Ltr from Carney 6-16-14 (PDF)
Letter to Carney 7-10-14 (PDF)
Updated: 7/16/2014 by Linda Sutherland G „�
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DIRECTING THE DIRECTOR OF FINANCE TO AMEND
3 THE FY 14/15 BUDGET TO TRANSFER $202,700 FROM ACCOUNT 126-400-0088-
4 5502 (PROFESSIONAL/CONTRACTUAL) AND $197,300 FROM ACCOUNT 126-400-
0088-5505 (OTHER PROFESSIONAL SERVICES) TO ACCOUNT 126-400-0090-5502
5 (PROFESSIONAL/CONTRACTUAL) AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER WITH THREE (3)
6 ONE-YEAR EXTENSIONS AT THE CITY'S OPTION FOR A TOTAL AMOUNT
7 NOT TO EXCEED $442,400 TO WEST COAST ARBORISTS, INC. FOR TREE
TRIMMING SERVICES.
8 WHEREAS, West Coast Arborists, Inc. was determined to have submitted the lowest
9
and most responsive bid for the purpose of providing tree trimming services per RFQ F-14- 'm 0
10 L
11 27,
12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: L
13 ~
SECTION 1. The Director of Finance is hereby directed to amend the FY 14/15
14
15 Budget to transfer $202,700 from Account 126-400-0088-5502 (Professional/ Contractual),
M
16 and $197,300 from Account 126-400-0088-5505 (Other Professional Services) to Account
0
M
17 126-400-0090-5502 (Professional Contractual).
L
18 SECTION 2. The City Manager of the City of San Bernardino is hereby authorized to
19 E
execute on behalf of said City a Vendor Service Agreement between the City of San
20 a
21 Bernardino and West Coast Arborists, Inc., a copy of which is attached hereto, marked as
22 Exhibit"A", and incorporated herein by this reference as fully as though set forth at length.
23 SECTION 3. That pursuant to this determination the Director of Finance or his
24 designee is hereby authorized to issue a contract purchase order to West Coast Arborists, Inc.
25 in a total amount not to exceed $442,400 with three (3) one-year extensions at the City's
26
27 option.
28
Packet Pg.578`
5 AH.a
I SECTION 4. The Purchase Order shall reference this Resolution Number and shall
2 read, "West Coast Arborists, Inc. for tree trimming services. Agreement not to exceed
3 $442,400"and shall incorporate the terms and conditions of the agreement.
4
5
SECTION 5. The authorization to execute the above-referenced Agreement is
6
7 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
8 resolution.
9
a�
U
10
N
12 E
13
14
15
16
M
17
18
E
19
20 ///
21
22 111
23 /Il
24
25
26
(00�' 27
28 Ill
Packet Pg. 579
5.AH.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
I SAN BERNARDINO DIRECTING THE DIRECTOR OF FINANCE TO AMEND THE
2 FY 14/15 BUDGET TO TRANSFER $202,700 FROM ACCOUNT 126-400-0088-5502
(PROFESSIONAL/CONTRACTUAL) AND $197,300 FROM ACCOUNT 126-400-0088-
3 5505 (OTHER PROFESSIONAL SERVICES) TO ACCOUNT 126-400-0090-5502
(PROFESSIONAL/CONTRACTUAL) AND AUTHORIZING THE EXECUTION OF
4 AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER WITH THREE (3)
5 ONE-YEAR EXTENSIONS AT THE CITY'S OPTION FOR A TOTAL AMOUNT
NOT TO EXCEED $442,400 TO WEST COAST ARBORISTS, INC. FOR TREE
6 TRIMMING SERVICES.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting
thereof,held on the day of , 2014, by the following vote,to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT y
aD
10 MARQUEZ
(D
U)
11 BARRIOS =
12 E
VALDIVIA
13 ~
14 SHORETT
ti
15 NICKEL °'
0
M
16 JOHNSON ~
0
M
17 MULVIHILL d
L
18
d
E
19 Georgeann Hanna, City Clerk
�o
20 The foregoing resolution is hereby approved this day of 12014, a
21
22 R. CAREY DAVIS, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25
27
E 28
gs
Packet Pg.580
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND WEST COAST ARBORISTS,INC. FOR TREE TRIMMING SERVICES
This VENDOR Service Agreement is entered into this day of
2014,by and between West Coast Arborists, Inc. ("VENDOR") and the City of San Bernardinc
("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageouE
and in the best interest of the CITY to contract for tree trimming services and;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available 4,
VENDORS for such tree trimming services; and N
a�
c
WHEREAS, VENDOR was determined to be the lowest bidder to provide said services E
to City; and
NOW,THEREFORE,the parties hereto agree as follows: r:
0
M
1. SCOPE OF SERVICES.
0
For the remuneration stipulated, San Bernardino hereby engages the services of 2
L
VENDOR to provide those services as set forth in RFQ F-14-27, a copy of which is on file in 1°
c
4)
the Public Works Department and a copy of the Price Form is attached hereto as Attachment E
"I"and incorporated here by this reference. 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$442,400 for tree trimming services pursuant
to RFQ F-14-27.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
1
Packet Pg.581
5.AH.b
3. TERM; TERMINATION.
The term of this agreement shall be from July 21, 2014 through June 30, 2015, witl
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2015 through June 30, 2016. Option year two, if exercised, shall be effective
July 1, 2016 through June 30, 2017. Option year three, if exercised, shall be effective July 1
2017 through June 30, 2018.
This Agreement may be terminated at any time by thirty (30) days' written notice b3
either party. The terms of this Agreement shall remain in force unless amended by writter ,
U
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
E
4. INDEMNITY.
a�
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 M
any kind and nature arising from bodily injury, including death, or property damage, based or c
M
r
asserted upon any or alleged act or omission of VENDOR, its employees, agents, or E
subcontractors, relating to or in any way connected with the accomplishment of the work or
E
performance of service under this Agreement, unless the bodily injury or property damage was 5
a
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at
its own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. VENDOR hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit"A"
2
Packet Pg. 582
respect to third party claims against the VENDOR relating to or in any way connected with thi
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 statutor}
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 ar. v,
a�
U
additional named insured in each policy of insurance provided. hereunder. The Certificate of a
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prioz
E
to any change in or termination of the policy.
d
d
6. NON-DISCRIMINATION.
ti
In the performance of this Agreement and in the hiring and recruitment of employees, M
ti
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, M
r
E
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 d
E
sexual orientation, or any other status protected by law. M
w
a
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit"A"
3
Packet Pg. 583
5.AH.b
employees, and all business license, if any are required, in connection with the services to bf
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registratioi
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits
qualifications, insurance and approval of whatever nature that are legally required of VENDOF
to practice its business or profession.
9. NOTICES.
a�
Any notices to be given pursuant to this Agreement shall be deposited with the Unitec
ch
States Postal Service,postage prepaid and addressed as follows: r
E
E
TO THE CITY: Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
0
M
TO THE VENDOR: West Coast Arborists, Inc.
ti
2200 E. Via Burton Street c
Anaheim, CA 92806 r
Telephone: 800-521-3714 E
rn
Contact: Patrick Mahoney f°
d
10. ATTORNEYS' FEES. E
U
f0
In the event that litigation is brought by any party in connection with this Agreement a
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 of
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
Exhibit "A"
4
Packet Pg.584
5.AH.b
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet oz
encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
N
U
U
12. VENUE.
Q
The parties hereto agree that all actions or proceedings arising in connection with this
E
Agreement shall be tried and litigated either in the State courts located in the County of San
d
Bernardino, State of California or the U.S. District Court for the Central District of California;
n
Riverside Division. The aforementioned choice of venue is intended by the parties to be M
mandatary and not permissive in nature. o
M
13. GOVERNING LAW. �
This Agreement shall be governed by the laws of the State of California.
E
14. SUCCESSORS AND ASSIGNS.
U
r
a
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.
Exhibit"A"
5
Packet Pg. 585
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction tc
be invalid or unenforceable for any reason, such determination shall not affect the validity of
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
v
U
parties; and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument E
E
E
executed by all parties to this Agreement.
a�
o
M
ti
O
M
E
L
fC
r
G
d
E
s
U
Q
Exhibit"A"
6
Packet Pg. 586
5.AH.b
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND WEST COAST ARBORISTS,INC. FOR TREE TRIMMING SERVICES
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:
d
Dated , 2014 CITY OF SAN BERNARDWO �
By: c
Allen J. Parker, City Manager E
Approved as to Form:
Gary D. Saenz, City Attorney
B
M
O
O
M
Y
E
L
C
E
V
a..
Q
Exhibit"A"
7
Packet Pg. 587`
(saainaaS Bulwwl 11 aaal : L600 AjewwnS pi8 :;uauayae;;V
00
LO
Q � �
L6 d
0 o a
ch �
c
a
`va �
Ca m O
U
LLI
N
d1
r
O
� 4
/1 L V
L LJ
_0 Q) p CD
Q m O O O O O O O O O
U i C7 O O O O O CD O O
O O O O CO N O O p Z
� O C CO LO CO N CO N Q LO
_ can 00
U) C�
+ff
R\ O V
Q] O O
~ O
O
p U U p O O O N
co
—
C (u O O O O O co CO
Q h •� i O O O O Q) O C
L�I Cf) N M Lo- O O p Z C4
Cl3 U U d Ct O O O O CI)
tm i6 O O O m
LL Q - O. 07 LO f� V)
y N
00 cu
C
cu N o p
_ O
C H
♦♦�� N _0
fo. V/
L O lZ N
r •� F 4 m .�
Co � o m Q) Q
o CL 'o U
s E p
m i V
c� 4) m N C
Q) v _� c w _0 j O
Q) Q) L i.... �- - U N
O •L �' Lam. tIS O C U
f ^ L
�— (D a) U O 00 (D C n O CV
> fn 0 (]
Q) Q)
Q)
N Q) C� Q) Q) o �_ U
CL Q a � C � U d r_
CL
o o 0 o o S o 0 0 0 �, m CL
r _
5.AH.d-
UP F-I4-
Tree Trinuninb Services
City of San Bernardino
Technical Specifications
RFP F-14-27
TREE TRIMMING SERVICES CONTRACT
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Works Department is responsible for trimming 52,000 trees citywide
and trees in Landscape Maintenance Districts. 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 contractors with experience in providing Tree
Trimming Services. The City is looking for the most responsive and responsible
contractor 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 contractor N
for Tree Trimming Services.
The contractor will be expected to use its own equipment, tools, traffic control E
and manpower to trim the City's trees. The contractor will also be responsible for �=
material disposal.
LLL
r
Services: Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if M
requirements are agreeable as set forth in left-hand column. (D
Equipment: Bidder shall complete right-hand column indicating specific size and/or a.
make and model of all components when not exactly as specified. State m
"As Specified" if item is exactly as set forth in the left-hand column.
_
d
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
r
CATEGORY I ACCEPTABLE / AS a
1. GENERAL SERVICES SPECIFIED
General services will consist of:
A. Street tree trimming
B. Street tree aesthetic trimming
C. Palm tree trimming ACCEPTABLE
D. Tree and stump removal
E. Tree planting
F. Tree lacing
10
Packet Pg. 589
S.AH.d
RFP F-14-
Tree Trimming Services
For clarification, street tree trimming is raising the skirt and
removing any hazardous limbs. Aesthetic 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 A-F.
All trees assigned for trimming in any given month should be
trimmed in thirty(30)working days or less. ACCEPTABLE
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 dive
different areas of the City and look at the trees. Approximately
150 trees will be assigned for trimming each month. cn
c
2. SCHEDULE E
L
The Contractor shall meet with the City representative on
Monday's between 7:00 a.m. and 7:30 a.m. in the Operations
and Maintenance Division office for the purpose of reviewing the
weeks work, receiving special instructions, and discussing any ACCEPTABLE CD
problems encountered on the jab.
d
A list of the City trees that need work shall be given to the a.
Contractor monthly, or more frequently if deemed necessary, by
the City. The City will provide maps and location to all requested
trees needing maintenance.
E
3. EMERGENCY WORK CALL OUT o
r
a
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 ACCEPTABLE
per emergency shall also be proposed. This must include all
manpower, equipment, tools, traffic control and disposal costs.
The emergency call out includes travel time.
ll
Packet Pg.590
RFP F-i 4-
Tree Trimming Services
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 ACCEPTABLE
discipline in the State of California. The contractor represents
and maintains that it is highly skilled in the professional calling
necessary to perform Tree Trimming Services. The contractor
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 contractor
represents that it, its employees and subcontractors have all U)
licenses, including the State of California Contractors License, ACCEPTABLE v
permits, certifications, qualification and approvals of whatever
nature that are legally required to perform the services, including
a City business license, and that such license and approvals
shall be maintained throughout the term of this contract. E
E
6. SUBCONTRACTORS
W
2
The contractor must disclose all subcontractors prior to being ACCEPTABLE ~
awarded the bid. r..
M
7. EQUIPMENT AND PERSONNEL
The contractor will provide all equipment and trained personnel a
to provide timely tree trimming services. Provide a feedback m
mechanism to keep the City informed on the status of each tree
that is trimmed or completed work. The contractor must have
the following equipment and personnel: s
Y
A. Dump truck & chipper with operator a
B. 60' aerial tower with operator ACCEPTABLE
C. Stump grinder with operator
D. 910 front end loader with operator
E. 12 ton crane with operator
F. Roll-off truck with operator (does not include dump fees)
The crew leader must be a certified Arborist.
The contractor will provide a firm fixed cost for monthly rental of
a Brush Bandit 280 (or equivalent equipment) wood/brush
chipper for use by the City.
12
Packet Pg. 591
S.AH.d
RF1'F-i4-
Tree Trimming Services
8. FIXED FEE
Provide a pricing proposal that is a fixed fee per tree. Also ACCEPTABLE
include a cost per inch of trunk diameter on complete tree and
stump removals.
9. EXPERIENCE
The contractor shall be knowledgeable of matters pertaining to
tree trimming services. The contractor must have a minimum of
five (5) years' experience in providing quality tree trimming ACCEPTABLE
services. The crew leader must be a certified Arborist. The City
of San Bernardino desires a contractor that considers tree N
trimming services a high priority.
10. WASTE DISPOSAL
All tree branches, brush, tree trunks and other materials E
E
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 ti
deposited in a landfill. M
Ensure all waste materials generated from the service are ACCEPTABLE
properly disposed of in accordance with all applicable laws and a
regulations. All costs for waste disposal are to be included in the
contract price. Provide details of method of disposal or name 0°
and license number of the company that will provide these
services for you. E
a
The contractor must turn in all dump and weight slips for waste
disposal.
11. BROCHURES
The contractor will provide brochures that are suitable to the
Public Works Director, or his/her designee, that describe the tree
trimming process and should be readily accessible to the citizens ACCEPTABLE
of San Bernardino. These brochures should be available in both
English and Spanish. A sample brochure must be included with
our bid submission.
13
Packet Pg.592
5.AH.d
RFP F-14-1,
Tree Trimming Services
12. BILLING
Billing is to be by address, Council Ward, and include tree
species, caliper, variety (botanical and common), trim date, ACCEPTABLE
condition and appropriate data acceptable to the Public Works
Director, or his/her designee.
13. TREE INVENTORY DATABASE
The Operations and Maintenance 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.
N
d
U
14. PICTURES
Cn
The contractor is to supply, at no cost to the City, some ACCEPTABLE _
representative pictures of "before" and "after" trimming that are E
E
suitable for reproduction when requested by the City. F
15.CONTRACT LENGTH
ti
The length of this contract shall be for one (1) year with three (3) ACCEPTABLE M
one-year extensions at the City's option.
d
16. REFERENCE LIST a
Provide three (3) local government agencies and/or company's ACCEPTABLE m
previous or current contact references that support your ability to
provide Tree Trimming Services. E
s
v
17. CONTRACTOR NON-COMPLIANCE a
A. If the Public Works Director, or his/her designee,
determines that there are deficiencies in the performance
of this Agreement, the Public Works Director, or his/her
designee, will provide a written notice to the contractor
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
Works Director or his/her designee, to correct the
specified deficiencies.
14
Packet Pg. 593
5.AH.d
RFP F-14-27
Tree Trimming Services
B. Should the contractor fail to correct any deficiencies within
the stated time frame, the Public Works Director, or
his/her designee, may exercise the following measures:
1 Deduct from the contractor's payment the amount
necessary to correct the deficiency, including City
overhead costs and impose a deficiency deduction. ACCEPTABLE
2. Withhold the entire or partial payment.
3. Terminate the contract.
U
Q
CO
E
E
L
d
d
M
r.
N
U
a.
'm
c
a�
E
M
U
w
Q
15
Packet Pg. 594
5.AH.d
RFP 142 7
Tree Trimming Services
PRICE FORM
REQUEST FOR QUOTES: REP F-14-27
DESCRIPTION OF RFP: Tree Trimming Services
COMPANY NAME/ADDRESS: West Coast Arborists, Inc.
21718 Walnut Avenue, Grand Terrace, C 2313
Corpora tn, An eim, CA 92806
NAME OF AUTHORIZED
REPRESENTATIVE
PRINT NAME Patrick Mahoney, President U
.y
TELEPHONE NO. (800) 521-3714 cn
FAX NO. (714) 991-1027 E
E
.L
L
A. GENERAL SERVICES
FIRM FIXED PRICE ti
Cp
1. Cost per Street Tree Trimming $ 40.00 v
2. Cost per Street Tree Aesthetic Trimming $ 80.00
a
3. Cost per Palm Tree Trimming $ 50 Q0 m
4. Cost per Tree Lacing $ 80.00 E
5. Cost per Inch of Trunk Diameter on Tree
and Sump Removal $ 28.00 a
6. Cost per Root Pruning $ 12.00
7. Cost per Tree Planting $ 80.00
*8. Cost per month for rental of Brush Bandit 280
(or equivalent equipment) for City use $ 200.00
]7
Packet Pg. 595
c
RFP F-14
Tree Trimming Services
B. EMERGENCY WORK
1. Call Out Cost per Hour $ 80.00 1manhour
(include all manpower, equipment, tools, traffic
control, disposal costs, and zero material markup)
C. OTHER
*Only to be included with entire contract $
Please see additional page
Attach additional pages, if necessary, for other services not listed above.
N
Effective on or about July 1, 2014 through June 30, 2015 plus three (3) single-year
renewal options, for City's partial requirements, on an as-needed basis, with no
guaranteed usage. N
Option near one, if exercised, shall be effective July 1, 2015 through June 30, 2016. E
Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017.
Option year three, if exercised, shall be effective July 1, 2017 through June 30, 2018.
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. o
M
Are there any other additional or incidental costs that will be required b our firm in
order to meet the requirements of the Proposal Specifications? Yes / No (circle a
one). If you answered "Yes", please provide detail of said additional costs:
N/A m
r
_
E
s
Please indicate any elements of the Proposal Specifications that cannot be met by your w
firm. N/A a
Have you included in your proposal all informational items and forms as requested? Yes
/ No . (circle one). If you answered "No", please explain:
N/A
This offer shall remain firm for 120 days from RFP close date.
C
I$
Packet Pg. 596
RFP 114
Tree Trimming Services
Terms and conditions as set forth in this RFP apply to this proposal.
Cash discount allowable 2.0% 20 days; unless otherwise stated, payment terms
are: Net thirty(30) days.
In signing this proposal, Offeror(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 RFP. Below, please
indicate all Addenda to this RFP received by your firm, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No: 1 Received on: 4/8/14
U
Addenda No: Received on:
FIRM NAME: Wes_t Coast Arborists, Inc. E
psi
ADDRESS: 21718 Walnut Avenue, Grand Terrace, CA 92313 °'
L
Corporate HQ: 2200 E. Via Burton,Anaheim, CA 92806
0
Phone: (800) 521-3714 Y
Y
Email: v onzalez ainc.com
ITS
Fax: 714 991-1 2 0°
d
Authorized Signature: E
Print Name: Patrick Mahoney a
Title: President
IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW:
19
Packet Pg. 597
PRfCE 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 each $190.00
restoration pruning ,
U
Palm Tree Skinning per linear foot $15.00
Tree Only Removal per diameter inch $16.00 �
E
E
Stump Only Removal per diameter inch $10.00
a
a
Specialty Equipment
- 30-ton crane per hour $120.00
- 95-ft aerial tower per hour $120.00
Phoenix Canariensis Trim each $190.00
a
Tree Planting Services m
(Price includes tree, labor, and materials)
24 inch box each $245.00 E
36 inch box each $800.00
a
Arborist Services & Report Writing hourly $120.00
Tree Watering per day $480.00
Packet Pg.598 `
PREVAILING WAGE
The work performed on this contract is routine, recurring and usual. The work includes
watering, trimming, pruning, planting, removal and replacement of trees and plants, and
servicing of irrigation. The rates included in the Cost Proposal are based on prevailing
wage determination "Landscape Maintenance Laborer."
COOPERATIVE PURCHASING
It is intended that any other public agency (e.g., city, county district, public authority,
public agency, municipality, and other political subdivision or public corporation) shall
have the option to participate in any award made as a result of this solicitation at the
same prices in this RFP. The City of San Bernardino shall incur no financial responsibility
in connection with any purchase by another public agency. The public agency shall
accept sole responsibility for placing orders and making payments to the vendor.
W
n
If bidder is awarded contract, bidder will extend pricing to other public agencies? _
X YES NO E
�L
If yes, enter number of calendar days bid pricing will be extended to other public ~
agencies:
0
M
730 Calendar Days.
U
fC
m
r
C
41
E
s
V
t9
r-+
Q
Packet Pg. 599
5.AH.d
RFP F-14-27
Tree Trinuning Services
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter
state the subcontractor who will be the subcontractor on the job for each particular trade
or subdivision of the work in an amount in excess of one-half of one percent of the
General Contractor's total bid and will state the firm name and principal location of the
mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if
he specifies more than one subcontractor for the same portion of work to be performed
under the contract in excess of one-half of one percent, he agrees that he is fully
qualified to perform that portion himself and that he shall perform that portion himself.
DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY
TRADE
None to be used.
E
L
d
d
L
M
d
U
Patrick Mahoney President
Print Name Signature o Bidder m
d
E
Company Name: West Coast Arborists, Inc.
r
Address: 21718 Walnut Avenue Grand Terrace CA 92313 a
REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to reject any
or all bids, and reserves the right to waive informalities in a bid or bids not affected by
law, if to do seems to best serve the public interest.
20
Packet Pg.600
5.AH.a
RFi' 4-2 7
Tri c,TTinnning Services
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 hh /Ot has not, either directly or indirectly, entered into any agreement, participated
in any collusion, or otherwise taken action in restraint of free competitive bidding in
connection with RFP F-14-27.
Business Name West Coast Arborists, Inc.
N
Business Address 21718 Walnut Av n e �rapdTerr e CA 92313
Signature of bidder X W
Patrick Ma h n President =
E
•L
Anaheim, CA
Place of Residence
0
Subscribed and sworn before me this 11th day of April _ 2014 .
0.U
R
Notary Public in and for the County of Orange , State of California.
m
d
My commission expires: January 27 , 2015 E
U
t9
a+
Q
IL
21
Packet'Pg.601
5.A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Slate of California
County of..___.. Orange _
On 4/11/14 - _ before me, Victor M. Gonzalez,Notary Public
Date Hero Insert Name and Title of the Olficor — '
personally appeared _ Patrick Mahoney
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose named/are subscribed to the
within instrument and acknowledged to me that
(9be PAMey`executed the same n hr ►eit authorized
capacity i , and that hi ignature;( on the 0
d
instrument the perso r or the entity upon behalf of
°'•"`�°"�"" which the person acted, executed the instrument.
VICTOR M, GONZAtl1 p m
Commission# 1919509 i N
Q:= - Notary Public-California z I certify under PENALTY OF PERJURY under the laws c
Z = Orange County a y
.� of the State of California that the foregoing paragraph is
My Comm.Expires Jan 27,2015 true and correct.
L
WITNESS my han d of'c' I al. d
Signature
Place Notary Seal Above Signature of ry aMic C
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document m
and could prevent fraudulent removal and reattachment of this form to another document.
v
Description of Attached Document
v
Title or Type of Document: City of San Bernardino RFP F-14-27-Non Collusion Affidavit m
Document Date: — April 11,2014 _ `Number of Pages:
E
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney — Signer's Name:—..__.�_
❑ Individual ❑ Individual
E9 Corporate Officer—Titles President
p O, _ ❑Corporate Officer--Title(s):._____ _-
❑ Partner—❑ Limited❑ General _ _ _ ❑Partner—❑ Limited❑ General
❑ Attorney in Fact NEU6 ❑Attorney in Fact •••
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other:_...._.._ ____...._
.. El Other:
------ -- ___ -___—--------
Signer Is Representing;wosl Coast Signer Is Representing:
Arborists,Inc.
02007 National Notary Aasocialion•9350 De Solo Ave.,KO,Oox 2402•Chatsworth,CA 91373.2402 vn»v.NationalNotary.org llem tf5907 Reorder:Call Toll-Free 1.00D-076.6027
Packet Pg.602
Certificate of Insuraime 5.AH.d
EINSURANCE TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YUU'rHE ciiwgFICAI'l,BOLDER. THIS CERT
POLICY AND DO1S NUT AMENll,EX7END OR ALTEIt'THId COVIiRAGE AFFORDED BY THE POL1C]ES I,tS'TIiD BELOW.POLICY 1,IMTI'S ARIi NO LESS THAN'1'IiUSN LTHOUGIi POl,]Ci1S MAY INCLUDE ADDI'1'lO�fAL SUDLIMIT/LIMITS NOT L[S"I'rll BELOW.
This is to Certify that
Fw—EST COAST ARBORISTS, INC I
2200 EAST VIA BURTON NAME AND
ANAHEIM CA 92806 ADDRESS •, Li mr mutu.
L -J INSURANCE
OF INSURED
is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed poliey(ies)is subject to all their terms,exclusions and
Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued.
EXP DATE
TYPE OF POLICY CONTINUOUS
❑EXTENDED POLICY NUMBER LIMIT OF LIABILITY
I�POLICY TERM
WORKERS 7/1/2014 WA7-660-039499-073 COVERAGE AFFORDED UNDER W
COMPENSATION LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILI
STATUTORY CA,NV
Bodily Injury by.Accident
1000 0001.3 6 A
Bodily Injury By Disease
A1,000,000
to
Bodily Injury By Disease 4)
COMMERCIAL 1 000 000 Each 5
7/1/2014 TB2-661-039499-013 General Aggregate
GENERAL LIABILITY N
$2,000,000
Q OCCURRENCE Products/Completed Operations Aggregate $2000000 C
❑CLAIMS MADE E
Each Occurrence E
$1 000 000
RETRO DATE Personal&Advertising Injury d
$1,000,000 Per Person/Organizt d
Other
FIRE DAMAGES$100,000 MEDICAL PAYMENTS$5,00 ti
AUTOMOBILE
7/1/2014 AS7-661-039499-033 Each Accident---Single Limit I°
LIABILITY $1,000,000 D.I.And P.D.Combined
OWNED Each Person
U
HIRED N13D Each Accident orOccurrence (L
HIRED
Each Accident or Occurrence M
OTHER 7!112013 7/1/2014 TH7 661-039499 043 $5000,000 PER OCCURRENCE/AGGREGATE c
Umbrella Excess Liability ,
d
E
L)
to
ADDITIONAL COMMENTS Q
RE:All jobs performed by the named insured during the policy term.
wrriitten contract with the Nalmed of San Insured,but only for the coverages and under
limits provided by thetpolicycand required by a
additional insured endorsement,
'Ifthe certificate expiration date is continuous orextended terns,you will he notified ifeoverage is terminated or reduced before the certificate expiration date,
NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW,)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL. NOT CANCEL Olt REDUCE' THE Liberty Mutual
INSURANCE AFFORDED UNDER THE ABO\r1:POI.ICIF,S UNTIL A7'Ll?AS'I' 30 DAPS NOT1C1:
OF SUCH CANCELLATION HAS BEEN MAII.EiD TO: Insurance Group
City of San Bernardino GL.�e�f�(
City Clerk's Office Elaine Ulan
300 North D Street
xSan Bernardino CA 92418 Los Angeles/0603 AUTFIORLZrD REPRESENTATIVE
U 818 W 7th Street,Suite 850 0564408
LLos Angeles CA 90017 213-624-1171 6/14/2013
L OFFICE, PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is affbrded by those Colilpanie C
CERT NO.: 16657710 CLIENT CODE; LM 2819 Nicholas Misoni 6/19/2013 1:2a:19 PM page 1 of 1 Packet IPg.603
S.AH.d
POLICY NUMBER:TB2-661-039499-013 COIYIMERCLAL GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEIVENTCHANGES 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
A. Section If — 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 exclu-
organization(s) shown in the Schedule, but only sions apply:
with respect to liabaity for"bodily injury". "property This insurance does not apply to 'bodily injury" or U
damage" or 'personal and advertising injury' v
caused, in whole or in part, by: 9 � ry property damage"occurring after, i?
1. All work, including materials, parts or equ - cn
1. Your acts or omissions;or such work,mend furnished in connection with
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 E
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the location(s) desig- covered operations has been completed;or
Hated below. 2. That portion of `your work"out of which the a
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor err- a
gaged in performing operations for a principal M
as a part of the same project
a�
SCHEDULE
Name Of Additional Insured Person
Or Organizatlan(s}:
(s) Lacatton(s)Of Covered Operations "0
• m
Any owner,lessee,or contractor for whom you have Any location listed in such agreement
agreed in writing prior to a loss to provide liability
insurance E E
c�
Information required to complete this Schedule,if not shown above, will be shown in the Declarations, a
CG 2010 07 04 C ISO Properties, Inc.,2004
Page 7 of '!
Packet Pg. 604
__...---.........._........ -- -__.--------_ ... -_......... .................. ....._..----- ......_-_ ....................................
Tree Care I'tofesstonals Serving'Conimunilies Who Care About Trees www.WCAfNC.c
April 11, 2014
City of San Bernardino
Attn:Vanessa Sanchez
300 North "D"Street
Finance Department—4"Floor
San Bernardino,CA 92418
RE: RFP F-14-27--Tree Trimming Services
Due: Monday,April 14,2014 at 3:00 PM
To whom it may concern;
N
Thank you for allowing West Coast Arborists, Inc. (WCA) with the opportunity to submit a proposal for tree
maintenance services for the City of San Bernardino. WCA is a family-owned and operated company
employing over 700 full--time employees providing various tasks to achieve one goal: serving communities who n
care about trees and landscape. We have reviewed, understand, and agree to the terms and conditions r-
described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded E
to each of these requirements to the best of our ability.
E
d
L
WCA's corporate values include listening to customers and employees that will help to improve services F..
r offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and ti
exchanging frequent feedback from customers and employees. WCA's top management team has created a o
culture where employees become accountable for actions and results.
M
r
m
WCA has a 41-year track record of working for more than 200 California, Arizona and Nevada municipalities a
and various public agencies. Our company has been in business since 1972 and is licensed by the California
State Contractors License Boards under license #366764. We have held this license in good standing since m
1976. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). We currently
employ over 40 Certified Arborists and over 100 Certified Tree workers, as recognized by the Western Chapter E
of the International Society of Arboriculture. Should we be awarded this project, we shall use full-time, in- U
house employees; no subcontractors will be used.
Our employees operate from one of our seven California offices: Anaheim, Ventura, San Diego, Riverside, -
Fresno, San Jose and Stockton serving over 220 municipalities. For questions related to this proposal and who
has the authority to negotiate, please contact Victor Gonzalez, V.P. Marketing at (714) 991-1900 or at
vgonzalez @wcainc.com. Ernesto Macias, Area Manager, will be assigned to this project should WCA be
awarded this contract. He can be reached at(714) 713-0269 or emacias @wcainc.com.
Sin rely,
Victor Gonzalez
Vice President
West Coast Arborists, Inc. 0 1
2200 E. Via Burton Street Anaheini, CA 92806 + 800 Packet Pg, 605'
5.AH.d
UPPRIf rfl jfP,IT'f I1IUX :-JUETjE"Arr
West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance
services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource,
cities are able to provide better services to their community. These contracts cover a range of services from
providing emergency response to maintaining the City's entire urban forest.
Primarily WCA performs tree maintenance services for all of Murrieta's city-owned trees
in the parkways, medians, and Landscape Maintenance Districts on an as-needed basis.
This project is an annual contract.
nual Budget: $ IDD,DOO
tact: Bob Kast, Maintenance Superintendent
ress: I Town S uare, Murrieta, CA 92562
-one: (951)461-615
ail: rkastCmurrieta.org
f r
��1�� IJ1 ��J1'J11L1 JJlJl.'.0
r
The City of Corona and WCA have been working together on the City's urban forest since
CD
2010, City crews maintain the landscape maintenance districts. The City has initiated a M
r� fnnval project where dead, diseased, and dying trees are being phased out, In turn,the
s been planting over 100 trees annually.
Budget: $ 38D,ODD -�
act: Dick Degen, Parks landscape Contract Ins ector °?
ress: 735 Cor oration Yard Way, Corona, CA 9280
ne: (951)736-245
it rick.degenRci.corona.ca.us
E
H
iy J!
Jrimaril WCA performs tree maintenance services for all of Temecula's city-owned
trees. I he City currently is on a 3-5 year pruning maintenance cycle. Removals are
aformed on an as-needed basis, Temecula manages their urban forest by utilizing
orAccess,the inventory software program provided by WCA.
"Annual Budget: $500,000
' pntact: Rodne Tidwell
dress: P.O. �ox 9033, Temecula, CA 92589
r one: (951) 694-6411
- fail: rodney.tidweilNcityoftemecula.oeg
NNCA Packet Pg. 606
5.A
We provide complete urban forestry management for more than 38,000 trees,including
" :tree pruning,removals, planting,and emergency services. In an effort to maintain a
stainable urban forest,we also provide inventory updates to the City's own inventory
`database. There are over 1,000 tree removal work records since the beginning of the
tcontract.
:uaI Budget: 100,000
Bract:Alfredo Cardenas, Director
�* ass: P.O. Box 3005,Redlands, CA 97373
`one: (909)798-7853
max..
ti: ail: fcardenesLcityofredlands.org
t';lry ulif 11JJJ.,ji
r u e currently maintain the City's landscape maintenance districts consisting of over
10,000 street trees. These trees are maintained on an annual 3-5 year maintenance
,. cycle. All palm tree species are trimmed annually and removals are based on an as-
: :tea needed basis. WCA is a supporter and participant in the City's annual Arbor Day •E
celebration. Based on the positive letters the City has received, we have gained a E
atian as a conscientious tree maintenance firm capable of performing high quality
tte.
get:$ 175,000
aul Stalma,Public Works Supervisor
Y4 ;53-101 Avenue 45, India, CA 92201 Y
0) 347-1058
E
M
L)
a
Packet Pg.607
.t: �xA4
JON
.3x
i rcr("rrrr 1'rafirss onals.5rrvrtry'L'urrtrru pities Mio Care-4.rout Trees w-w.WCAINC-com
June 11,2014
City of San Bernardino
A TTN:Tony Frossard,Director of Public Works
300 North"D"Street
San Bernardino,CA 92418-0001
RE: Tree Trimming Services—RFP F-14-27
y
m
Dear Mr. Frossard, U
d
Thank you for allowing us the opportunity to meet with you and Mr. Van Havermaat yesterday regarding the 0
abovementioned RFP. It has come to our attention that a competitor is alleging that our firm, West Coast c
Arborists, Inc.(WCA)Is attempting to"scheme"the City of San Bernardino under the new RFP. We take this claim E
very seriously and adamantly deny these accusations. We take pride In providing tree care services for the City of E
San Bernardino for the better half of 20 years.Since our company was founded in 1972,our firm has been built an H
providing quality tree care safely,efficiently and with the utmost integrity.The purpose of this letter is to address y
the assertions made by a competitor related to our bid submittal dated April 14,2014. F-
The first assertion is that our firm submitted an unsolicited price schedule for additional services. On page 18 of c
the RFP there is a category titled "C. OTHER," with the following statement underneath It, 'Attach additional n
Pages, if necessary,for other services not listed above."Our firm contracts with over 200 municipalities on an N
annual basis,and it has been our experience that cities will occasionally request services that are not listed in the N
original bid documents.The additional services listed are typical work types common in the industry acid will only o
' be provided at the City's discretion. .0
Q
There is a line item in our supplemental pricing for"Phoenix Canariensis Trim." We agree to delete this line item
and honor the$50 rate for pruning all palms.Attached is the revised supplemental pricing. U
N
The Crew Rental rate listed In the supplemental pricing is for daytime call outs during regular business hours(M-F, (D
lam to 5pm.)The original bid document only lists"Emergency"call-outs which are during evenings, holidays and �
weekends, o
L
W
N
The RFP also requires the contractor to'maintain a database of the existing trees in the City. The contractor will be m
responsible for providing the City with information to keep the system current and accurate."Our proposal is based y
providing use of ArborAccess,our web-based software inventory program.This program is currently being used by —i
nearly 200 municipalities and contains the City's tree inventory,work history and other pertinent tree information. _
This is provided at no additional cost to the City. We are not aware of any other competitor who can provide this a)
type of program. E
U
R
Finally, the City reserves the right to negotiate with the selected bidder and we believe our firm is the most Q
responsible and responsive bidder and, therefore, we are open to negotiations. if you have any questions or
require additional information,please feel free to contract me.
Res ectfully,
Victor M.Gonzalez
Vice President,Marketing
MEPacket Pg. 608
_..................... _......... ............ _.._ __...... -- ......_............._........ _ __...... ..,...
7 ree Carr L rmnnwiihii�s ?- fro Care. holel frees www.WCAINC'.can,
June 11,2014
City of San Bernardino
ATTN:Tony Frossard,Director of Public Works
300 North "D"Street
San Bernardino,CA 92418-0001
RE: Tree Trimming Services—RFp F-14-27
U
Dear Mr. Frossa rd,
Cn
Thank you for allowing us the opportunity to meet with you and Mr.Van Havermaat yesterday regarding c
the abovementioned RFP. it has come to our attention that a competitor changed their original bid price E
submittal only after they viewed our bid price schedule dated April 14,2014,Specifically,the competitor
changed their monthly rate for a chipper rental from$7,500 to$75. m
Q
L
We strongly believe this correction, whether it was a typographical or clerical error,gives the bidder an
unfair advantage and makes their bid materially different.This correction cannot be ignored by the City
of San Bernardino and,therefore, must reject this change and keep their bid as originally submitted. M
N
r+
If you have any questions or require additional information,please feel free to contract me.
(Moor
0
Re�sspe:/cciiful y/,, Q f0
O
Victor M, Gonza 6rr Vice President,Ma
E
0
L
N
L
d
J
a�
C
d
E
L
U
R
w
Q
'Westfoast Arborllsts�Inc.
E a - • A• Y 80 521.3714 fcvx 714,950745J
Packet Pg. 609
5.AH.f
Edwin Carney
Attorney at Law
781 North Hill Avenue
Pasadena,California 91104
Telephone 626-345-0000
May 29,2014
Mr. Donn Dimichele, Esq.
San Bernardino City Attorney's Office L
300 North D Street
Sixth Floor
c
San Bernardino,CA 92418 E
E
L
Re: George Salinas Tree Preservation -RFQ F-14-27
a�
Dear Mr. Dimichele:
As 1 told you yesterday, )represent George Salinas Tree Preservation in the matter of San M
Bernardino's RFQ F-14-27 for tree trimming services. You had sent Salinas an e-mail,
responding to its May 15,2014 e-mail to Vanessa Sanchez, indicating that city staff had
recommended West Coast Arborist be awarded the tree trimming contract for FY 2014-2015 Ca
because West Coast offered the city the best deal for the services it was likely to use during the
relevant period. Your e-mail included a bid summary sheet that indicated West Coast's bid was o
more attractive then Salinas' bid by$64,994. Q
a,
1 told you that Salinas objected,the analysis in the bid summary sheet was incorrect in at c
least two categories and that once the necessary corrections were made, Salinas' bid is more U
attractive then West Coast's by$24,841 ($169,037 vs. $193,878).
3
The first error was made by Salinas. It mistakenly bid$75,000 for the monthly rental of W
the Bush Bandit 280 instead of its intended bid of$75. You confirmed you had received notice o
from Salinas about this correction.
a�
The second error was made by city staff concerning the"Call out cost per hour" . The -'
staff indicted West Coast bid$80 an hour for this work.On its price form, section B,West Coast
did list$80/man hour for emergency work. However,the analysis failed to consider West E
Coast's response to section C,Other. In its response to that section,West Coast states"*Only
to be included with entire contract Please see additional page."The additional page is a Q
supplemental Price Schedule for"Additional Tree Maintenance Services." Some of items listed
are not prices for additional services but prices for work listed on the Price Form but at a higher
cost.
Packet Pg. 610
That is the situation with the bid for emergency work. In its supplemental Price
Schedule,West Coast indicates it will provide crew rental services for three men at$60 per man
or$180. Accordingly West Coast's bid for emergency services is$180 per hour, not$80 per
hour.
1 have attached a revised Bid Summary Sheet,accounting for the errors in the Bush
Bandit Rental and emergency call out. As you can see,the city will save$24,841 by awarding
Salinas the contract.
N
d
U
Salinas has an issue with West Coast's scheme of adding extra work not in the RFQ in its
response to section C, Other. If West Coast were awarded the contract, its supplemental Price cn
Schedule for additional tree maintenance would become part of the contract. This would allow =
West Coast to avoid bidding for this extra work. For example,the RFQ does not ask for a bid for E
Palm Tree Skinning, yet West Coast's supplemental Price Schedule indicates it will charge$15
per linear foot for this work. Because this work was not listed in the RFQ, Salinas never had a ~
w
chance to give the city a bid for palm tree skimming. Yet if West Coast were awarded the D
contract,the city would be obligated to pay West Coast for the palm tree skimming and West
Coast would avoid competitive bidding for this work. The same is true for tree removal, stump c
removal, tree planting(24 and 36 inch box)and tree watering.These items were not listed on the
RFQ yet West Coast seeks to be awarded a contract to perform these services without
competitive bidding for these services. J
w
A
West Coast's attempt to add extra work by attaching a supplemental Price Schedule for �
additional tree maintenance services is nothing more then a"bait and switch"tactic. For o
example, in its Price Form,West Coast indicates it will charge$50 for Palm Tree Trimming. Yet Q
in is supplemental Price Schedule, it indicates it will charge$190 for Phoenix Canariensis
CD
Trimming. The Phoenix Canariensis is a date palm tree. In Salinas' Price Form, it indicated it E
will charge$40 to trim any and all palm trees.
c
Another example of West Coast's bait and switch tactic is found in its Price Form for w
Tree Aesthetic Trimming for$80. Yet its supplemental Price Schedule indicates it will perform w
pruning and crown restoration pruning for$190.00. According to Salinas,there is no difference
between aesthetic trimming and what West Coast calls pruning and crown restoration pruning.
Salinas will do the work for its bid price of$45.
J
It would be a disservice to the residents of San Bernardino to award this contract to West
i
Coast. 1 will call you next week to discuss this. E
U
a+
w
Q
Sincerely,
Edwin Carey
Packet Pg. 611
5.AH.f
cc: Alien J. Parker,City Manager/Director of Housing
R. Carey Davis, Mayor
Virginia Marquez,Council Member
Benito J. Barrios, Council Member
John Valdivia,Council Member
Fred Shorett, Council Member
Henry Nickel,Council Member
Rikke Van Johnson,Council Member
James L. Mulvihill, Council Member
Gary Saenz,Esq., City Attorney
George Salinas rn
a�
_
E
E
L
L
0
M
3
0
Y
W
Q
�J1
W
_
L
U
c
3
W
E
0
L
4-
L
Q
!M
Y
Q�
J
w
_
E
U
w
w.
Q
Packet Pg. 612
w
(saainaag 6uivau IJJ.aaal 160£ Mel ;e AaU.IO;;y-AauJeO UIMp3 wOa}a8118-1 :;u9uay0eRV
s ;
Q = q o° o o O °o °° °o ° °
o o °o
o
0 0 0 o as o 0 o o co CIO p N t(t? C E O (D N N CO
-Y r 0 N O t- co N LV co
E .. O e- N M r Q7
v
is
a
0 0 0 0 0° CD D 0 0 0 °° °°
tL c •a N 10 co LO rn od
O O Q N t cD Ci
0 0
g.N II E
r O Q
to
ui C d
C) s5
v
o 0 0 0 0 0 0 0 0 0
«. L o 0 o a a o 0 0 o n
Vii: O F- N. co U') 00 N 00 N 5 4
CS
40,
°o 0 0 °c °
m ti o° o° CD
°-
-z N N M � O O .y
Q G +-
o m U �?
(o M ° 0 0 0 0 ° O ° °° O
f- (o o f ui 0 o ai ° o0 t6 ° Z
cn
"�� N (B w.
� r: '' 61 CCf
OED.
fy j, "' q
LL
yct a co H ..
c(a Q
a>
N H N a� b9
3
y� cd ui
x C v U
ID Cn g U ^�
Cl) E O m E
E L -- a _ bg
a c lJ3 to N "' C CJ O
(D N U N _
E 0
Q O Q d) L N_ 'a d) > V
0
.� id ; U7 0 E y r 5 N o cd .J U y
0 0 0 oao o 00 -� o o q o 0.
C3 U (n U U U 0 v E- Z _J to Q
Edwin Carney
Attorney at Law
781 North Hill Avenue
Pasadena,California 91104
Telephone 626-345-0000 'ili`i L;..,-) 1 i 1 G
June 13,2014
Mr. Donn Dimichele,Esq.
San Bernardino City Attorney's Office
300 North D Street
Sixth Floor
San Bernardino,CA 92418
d
Re: George Salinas Trec Trese'r�ration- RFQ F-14-27 �
a�
c
Dear Mr.Dimichele: £
E
This letter is to follow upon various emails sent to you on June 10, 2014 regarding the
above referenced RFQ. It is Salinas' position that West Coast Arborist's bid is not responsive to
the RFQ because if accepted it contracts for far more work then detailed in the RFQ and
therefore the job must be rebid. M
California Public Contract Code §20161 et seq requires the city to award the contract to M
the lowest responsible bidder who submits a bid responsive to the RFQ. I am sure the city has
similar requirements in it city charter. This requirement exists to protect the public from a waste iv
of public funds and to provide all qualified bidders with a fair opportunity to enter the bidding
process. E
i E
0
L
The city is required to ensure the bidding process is fair by insisting that all bidders w
compete on a level playing field. To that end, forms are used so that all bids are identical in
content except for the price supplied by the bidders. This is exactly what the city of San
Bernardino did by requiring bidders to submit their bids on the"Price Form"supplied by the city. E
However this effort was circumvented by West Coast`s bid. (See Califomia Infrastructure
Projects,A Guide to Successful Contracting and Dispute Resolution,Ernest C. Brown,Esq.;PE) a
To maintain fairness in the bidding process,the public entity must reject any bid that is
not "responsive." A bid is considered responsive "if it promises to do what the bidding
instructions demand. (Taylor Bus Serv. v. San Diego Bd. of Educ., 195 Cal. App. 3d 1331). That
is not the case with West Coast's bid. A bid is not responsive if would give the bidder an unfair
advantage over its competitors. (Menefee v. County of Fresno, 163 Cal. App. 3d(1985) 1175,
1178) That is the case here.
Packet Pg. 614
5.AH.g
West Coast's bid included a supplemental price schedule that included work that was not
requested in the RFQ. According to West Coast's bid,this supplemental price schedule would
become part of the contract with the city. This is unfair to the other bidders.
The RFQ asks prospective bidders to bid on certain listed items. For example:
How much to trim trees?
How much to trim Palm trees?
How much for emergency call out?
Etc. v
d ..
.d .
Prospective bidders knew what they are bidding on. That is fair competition. But by . N
including a supplemental price schedule in its response, West Coast is precluding its competitors
from bidding on certain work, circumventing the competitive bidding requirement of a RFQ, E
making its bid non responsive to the RFQ.
d
For example, West Coast included in its supplemental price schedule: L
Palm Tree skimming for$15 per foot.None of its competitors had a chance to bid on this o
work as it was not listed in the RFQ.
Stump removal for$10 per inch.None of its competitors had a chance to bid on this work
as it was not listed in the RFQ.
a�
c
L
Tree planting $245 box tree and$800 box tree.None of its competitors had a chance to
bid on this work as it was not listed in the RFQ. c
L
Watering for$480 per day.None of its competitors had a chance to bid on this work as it
was not listed in the RFQ.
a�
E
s
The statue requires that the contract be awarded to the lowest responsible bidder. In order
for the city to make the proper evaluation,the bids must be clear and unambiguous. That is not a
the case with West Coast's bid as some of its prices in the Price Form are contradicted by prices
listed on its supplemental price schedule.
For example, on its Price Form West Coast indicates it will perform emergency call out
for$80 per man hour. However on its supplemental price schedule it indicts it will provide crew
rental services for three men at$60 per man or$180.
Packet Pg. 615
5.AH.g
Another example found in West Coast's Price Form for Tree Aesthetic Trimming for$80.
Yet its supplemental Price Schedule indicates it will perform pruning and crown restoration
pruning for$190.00. There is no difference between aesthetic trimming and what West Coast
calls pruning and crown restoration pruning. Salinas will do the work for its bid price of$45.
.Another example,in its Price Form,West Coast indicates it will charge$50 for Palm
Tree Trimming. Yet in is supplemental Price Schedule, it indicates it will charge $190 for
Phoenix Canariensis Trimming. The Phoenix Canariensis is a palm tree. In Salinas' Price Form,
it indicated it will charge $40 to trim any and all palm trees.
Unfortunately the city cannot simply ignore West Coast's supplemental price schedule as y
its bid clearly states that if awarded the contract,the supplemental price schedule will become
part of the contract. The city is required to rebid the job.
Sincerely;
E
/ m
c
M
Edwin Carney .
cc: Allen J. Parker, City Manager%Director of Housing
R. Carey Davis,Mayor R
Virginia Marquez, Council Member c
V
Benito J. Barrios, Council Member
J
John Valdivia, Council Member w
c .
Fred Shorett, Council Member E
r
Henry Nickel,Council Member
Rikke Van Johnson, Council Member a
James L. Mulvihill, Council Member
Gary Saenz, Esq., City Attorney
George Salinas
Packet Pg. 616
a
Edwin Carney
Attorney at Law
781 North Hill Avenue
Pasadena,California 91104
Telephone 626-345-0000
June 16, 2014
Mr. Donn Dimichele, Esq.
San Bernardino City Attorney's Office
300 North D Street
Sixth Floor
N
San Bernardino, CA 92418
L
Re: George Salinas Tree Preservation-RFQ F-14-27 Cn
Dear Mr. Dimichele: E
E
a
This letter is to follow up on various emails sent to you on June 10, 2014 regarding the
CD
above referenced RFQ. It is Salinas' position that West Coast Arborist's bid is not responsive to
the RFQ because if accepted it contracts for far more work then detailed in the RFQ and
therefore the job must be rebid. M
California Public Contract Code §20161 et seq requires the city to award the contract to
the lowest responsible bidder who submits a bid responsive to the RFQ. I am sure the city has
similar requirements in it city charter. This requirement exists to protect the public from a waste
CD
of public funds and to provide all qualified bidders with a fair opportunity to enter the bidding
process. U
E
0
L
The city is required to ensure the bidding process is fair by insisting that all bidders
compete on a level playing field. To that end, forms are used so that all bids are identical in
content except for the price supplied by the bidders. This is exactly what the city of San
Bernardino did by requiring bidders to submit their bids on the"Price Form" supplied by the city. E
However this effort was circumvented by West Coast's bid. (See California Infrastructure y
Projects, A Guide to Successful Contracting and Dispute Resolution, Ernest C. Brown, Esq., PE) Q
To maintain fairness in the bidding process,the public entity must reject any bid that is
not "responsive." A bid is considered responsive "if it promises to do what the bidding
instructions demand. (Taylor Bus Serv. v. San Diego Bd. of Educ., 195 Cal. App. 3d 1331). That
is not the case with West Coast's bid. A bid is not responsive if would give the bidder an unfair
advantage over its competitors. (Menefee v. County of Fresno, 163 Cal. App. 3d(1985) 1175,
117 8) That is the case here.
Packet Pg.617
West Coast's bid included a supplemental price schedule that included work that was not
requested in the RFQ. According to West Coast's bid,this supplemental price schedule would
become part of the contract with the city. This is unfair to the other bidders.
The RFQ asks prospective bidders to bid on certain listed items. For example:
How much to trim trees?
How much to trim Palm trees?
How much for emergency call out?
Etc.
N
d
U
Prospective bidders knew what they are bidding on. That is fair competition. But by N
including a supplemental price schedule in its response, West Coast is precluding its competitors
from bidding on certain work, circumventing the competitive bidding requirement of a RFQ,
making its bid non responsive to the RFQ. E
L
d
For example, West Coast included in its supplemental price schedule:
Palm Tree skimming for$15 per foot.None of its competitors had a chance to bid on this c
work as it was not listed in the RFQ.
Stump removal for$10 per inch. None of its competitors had a chance to bid on this work
as it was not listed in the RFQ. c°
a�
c
Tree planting $245 box tree and$800 box tree. None of its competitors had a chance to v
bid on this work as it was not listed in the RFQ. E
0
L-
4
Watering for$480 per day. None of its competitors had a chance to bid on this work as it
was not listed in the RFQ.
c
a�
E
The statue requires that the contract be awarded to the lowest responsible bidder. In order
for the city to make the proper evaluation, the bids must be clear and unambiguous. That is not Q
the case with West Coast's bid as some of its prices in the Price Form are contradicted by prices
listed on its supplemental price schedule.
For example, on its Price Form West Coast indicates it will perform emergency call out
for$80 per man hour. However on its supplemental price schedule it indicts it will provide crew
rental services for three men at $60 per man or$180.
Packet Pg. 618
i
S.AH.h
I
Another example found in West Coast's Price Form for Tree Aesthetic Trimming for$80.
Yet its supplemental Price Schedule indicates it will perform pruning and crown restoration
pruning for$190.00. There is no difference between aesthetic trimming and what West Coast
calls pruning and crown restoration pruning. Salinas will do the work for its bid price of$45.
Another example, in its Price Form,West Coast indicates it will charge $50 for Palm
Tree Trimming. Yet in is supplemental Price Schedule, it indicates it will charge $190 for
Phoenix Canariensis Trimming. The Phoenix Canariensis is a palm tree. In Salinas' Price Form,
it indicated it will charge $40 to trim any and all palm trees.
Unfortunately the city cannot simply ignore West Coast's supplemental price schedule as N
its bid clearly states that if awarded the contract, the supplemental price schedule will become
part of the contract. The city is required to rebid the job.
cn
Sincerely, g
E
v
v
ti
rn
C
Edwin Carney �
r
r
cc: Allen J. Parker, City Manager/Director of Housing
c
R. Carey Davis, Mayor v
Virginia Marquez, Council Member o
L
Benito J. Barrios, Council Member L
J
John Valdivia, Council Member
c
Fred Shorett, Council Member m
t
Henry Nickel, Council Member y
Rikke Van Johnson, Council Member Q
James L. Mulvihill, Council Member
IGary Saenz, Esq., City Attorney
George Salinas
I
Packet Pg. 619
OFFICE OF THE CITY Y AT 9 ORNEY
CITY OF SAN BERNARDINO
July 10, 2014 .GARY D. SAENZ
CITY ATTORNEY
VIA EMAIL ONLY
Edwin Carney N
Attorney at Law
781 North Hill Avenue
Pasadena, California 91104
Re: City of San Bernardino Request for Quotes (RFP) F-14-27 -- Tree Trimming E
E
Services L
a�
a�
Dear Mr. Carney:
This letter is in response to your letters of May 29 and June 13 and 16, 2014,your M
related emails of June 10, 2014, and the spreadsheet enclosed with your May 29 letter. The
spreadsheet is a revision of the Bid Summary Sheet prepared by City staff which showed,, o
based on services to date,that West Coast Arborists'price for the tree trimming services in
question was $64,994 lower than the price proposed by your client, George Salinas Tree
Preservation.
U
1. Your spreadsheet shows Salinas's bid to be$24,841 lower than West Coast's
by changing Salinas's price for monthly rental of a chipper to $75 instead of the$7,500 Y
actually bid,which Salinas says was a mistake. However, a bid, once opened, cannot be
changed because of a mistake by the bidder.
E
Public Contract Code section 5101(a) states: "A bidder shall not be relieved of the
bid unless by consent of the awarding authority nor shall any change be made in the bid a
because ofmistake. . . ." (emphasis added); see also National Coach Corp. v.State Bd. of
Control, 137 Cal.App. 3d 750, 757,fn. 3 (1982)("ordinarily,bids may not be modified after
opening. ....")
Therefore, Salinas's bid had to be evaluated as submitted,with the result that
Salinas's chipper rental price for the 11 months of the contract was $82,500, versus West
Coast's price of$2,200. The difference of$80,300 far exceeds the $24,841 savings claimed
in your spreadsheet.
2. You have also asserted that it was improper for the City to allow West Coast
to submit a supplemental price schedule as part of its bid. In your May 29 letter you state
300 NORTH "D" STREET 8 SAN BERNARDINO, GA 924.18-0001 . (909) 384-5355 4 FAX (909)
Packet Pg. 620
S.AH.i
Edwin Carney
Attorney at Law
July 10, 2014
Page 2
that if West Coast were awarded the contract, its supplemental price schedule would
become part of the contract,which would allow West Coast to avoid bidding for this extra
work. You also state in that letter and in your June 13 and 16 letters that West Coast's
submission of the supplemental price schedule deprived Salinas and the other bidders of
the opportunity to bid on the additional work shown on the schedule.
It is not improper to request prices for additional services in a bid solicitation.
Public Contract Code section 20103.8 states: "A local agency may require a bid for a public
works contract to include prices for items that may be added to, or deducted from,the
scope of work in the contract for which the bid is being submitted." Subdivision (a) of that
section further states that unless another method is specified,the lowest bid shall be the v
lowest bid price on the base contract without consideration of the prices on the additive or C,
deductive items. The City followed that procedure here by selecting West Coast as the low
bidder based on its prices for the base contract services.
E
E
Moreover,Salinas and the other bidders were not deprived of an opportunity to bid
on the additional work. Part C of the price form,at p. 17 of the bid documents, entitled CD
"OTHER," invited all bidders to "[a]ttach additional pages,if necessary, for other services
not listed above." Salinas simply elected not to do so.
0
The prices for the additional services do not invariably become part of the contract
as you state. The bid documents state at p. 6, part 4.a,that"[t]he City reserves the right to a
accept or reject any and all Quotes, oranyitem orpart thereof. . . ." (Emphasis added). A ti
bid does not become a contract unless and until it is accepted by the City. Paragraph 19 of d
the General Specifications, at p. 24 of the bid documents, states: "Each proposal shall be
submitted and received with the understanding that acceptance by the Cityof San
Bernardino of proposal in response to this solicitation shall constitute a contract between
the Contractor and the City." (Emphasis added).
Accordingly,to the extent there may be overlap between the services enumerated in
West Coast's price form and its supplemental price schedule as you assert,the City is E
entitled to,and intends to, require that the work be done for the lowest price stated.
a
In view of the above,the City does not believe there is a basis for requiring a re-bid
of the contract in question. Therefore,the City intends to present the matter to the City
Council at its next meeting on July 21, 2014. Your client is, of course,welcome to attend the
meeting and present its position.
Sincerely,
G D. SAE , City rney
Donn Dimichele, Deputy City Attorney
Packet Pg. 621
1
RFP F-14-27
Tree Trimming Services
PRICE FORM
REQUEST FOR QUOTES: RFP F-14-27
DESCRIPTION OF RFP: Tree Trimming Services
COMPANY NAME/ADDRESS: George Salinas Tree Preservation
PO BOX 141
PLACENTIA, CA 92871
NAME OF AUTHORIZED
REPRESENTATIVE
PRINT NAME George Salinas
TELEPHONE NO. 714-528-9828
FAX NO. 714-528-1121
A. GENERAL SERVICES FIRM FIXED PRICE
1. Cost per Street Tree Trimming $ 43.00
2. Cost per Street Tree Aesthetic Trimming $ 45.00
3. Cost per Palm Tree Trimming $ 40.00
4. Cost per Tree Lacing $ 40.00
5. Cost per Inch of Trunk Diameter on Tree
and Sump Removal $ 15.00 per inch
6. Cost per Root Pruning $ 3.00 per inch
7. Cost per Tree Planting - 15 gallon box tree $ 148.00
8. Cost per month for rental of Brush Bandit 280
(or equivalent equipment) for City use $ 7,500.00 per month
17 :#SAH
,4PP/rIoN/fL 6ACKUP
7/a///y
UP F-14-27
s
Tree Trimming Services
B. EMERGENCY WORK
1. Call Out Cost per Hour $ 170.00 an hour
(include all manpower, equipment, tools, traffic
control, disposal costs, and zero material markup)
C. OTHER
Aerial truck 100FT $ 150.00 an hour
Aerial truck 150FT $ 190.00 an hour
Attach additional pages, if necessary, for other services not listed above.
Effective on or about July 1, 2014 through June 30, 2015 plus three (3) single-year
renewal options, for City's partial requirements, on an as-needed basis, with no
guaranteed usage.
Option year one, if exercised, shall be effective July 1, 2015 through June 30, 2016.
Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017.
Option year three, if exercised, shall be effective July 1, 2017 through June 30, 2018.
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 rm in
order to meet the requirements of the Proposal Specifications? Yes / No ou (circle
one). If you answered "Yes", please provide detail of said additional cost .
Please indicate any elements of the Proposal Specifications that cannot be met by your
firm. None
Have you included in your proposal all informational items and forms as request ? Yes
/ No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 120 days from RFP close date.
18
t
RFP F-14-27
Tree Trimming Services
Terms and conditions as set forth in this RFP apply to this proposal.
Cash discount allowable 0% days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this proposal, Offeror(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 RFP. Below, please
indicate all Addenda to this RFP received by your firm, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No: 1 Received on: 4/4/14
Addenda No: Received on:
FIRM NAME: George Salinas Tree Preservation
I
ADDRESS: PO BOX 141
Placentia, CA 92870
Phone: 714-528-9828
Email: salinasherrera @aol.com
Fax: 714-528-1121
Authorized Signature:
Print Name: George Salinas
Title: Owner
IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW:
19