HomeMy WebLinkAbout05.M- Public Works 5.M
RESOLUTION (ID # 3673) DOC ID: 3673 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 02/17/2015
Prepared by: Linda Dortch, (909) 384-
5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a First Amendment to an Agreement with West Coast Arborists, Inc. for
Tree Trimming Services. (#3673)
Current Business Registration Certificate: Yes
Financial Impact:
The total cost of this item will be $466,700 and will come from the Capital
ImprovementProjects fund.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
07/22/14 Resolution No. 2014-288 was approved, authorizing an amendment to the FY
2014/15 Budget to transfer $202,700 from Account No. 126-400-0088-5502
"Professional/Contractual" and $197,300 from Account No. 126-400-0090-
5502 "Professional/Contractual" and authorized the execution of an
agreement and issuance of an annual purchase order with three (3) one-year
extensions at the City's option for a total amount not to exceed $442,400 for
tree trimming services.
Background:
The Public Works Department, Operations & Maintenance Division is responsible for
the maintenance and aesthetics of approximately 52,000 trees, including those located
in the various Landscape Maintenance Districts and along City maintained flood control
channels.
On March 31, 2014, RFQ F-14-27 was initiated to solicit bids for tree trimming services.
On July 21, 2014, the contract for tree trimming services was awarded to West Coast
Arborists, Inc.
Currently, trees along the Warm Creek Channel need to be trimmed and/or removed.
This is necessary to prevent tree limbs and debris from falling into the channel and
blocking the flow of water. Blockage of this channel could cause flooding during storms.
These trees were last trimmed more than five years ago. The amount of$24,300 for this
tree trimming and/or removal is available in Capital Improvement Program (CIP) Fund
248.
Updated: 2/11/2015 by Georgeann "Gigi" Hanna C Packet Pg. 176
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3673
Staff is requesting that the Mayor and Common Council authorize the execution of a
First Amendment to the Agreement with West Coast Arborists, Inc. and increase Annual
Purchase Order No. 2015-570 for a total amount not to exceed $466,700 for tree
trimming services.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 3673 (PDF)
Vsa (PDF)
Reso 2014-288 (PDF)
Quote from West Coast Arborists, Inc. (PDF)
Updated: 2/11/2015 by Georgeann "Gigi" Hanna C Packet Pg. 177
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO AN AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR
4 TREE TRIMMING SERVICES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The City Manager is hereby authorized and directed to execute a First
8 Amendment to the Vendor Service Agreement with West Coast Arborists, Inc. a copy of
9 which is attached and incorporated herein as Exhibit "A," in the total amended amount of y
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10 $466,700 with three(3) one-year extensions at the City's option, for tree trimming services. �0 0
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SECTION 2. The Director of Finance or his/her designee is hereby authorized and 0
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directed to increase Annual Purchase Order No. 2015-570 for an amount not to exceed H
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14 $466,700, which shall reference this Resolution and shall incorporate the terms and conditions
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15 of this Agreement.
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16 SECTION 3. The authorization to execute the above-referenced Agreement is 3
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17 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
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Resolution. E
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO AN AGREEMENT WITH WEST COAST ARBORISTS,INC. FOR
TREE TRIMMING SERVICES.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2015,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ N
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10 BARRIOS o
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11 VALDIVIA a
12 SHORETT v
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NICKEL
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JOHNSON
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
19 The foregoing resolution is hereby approved this day of , 2015.
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22 R. CAREY DAVIS, Mayor
City of San Bernardino
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Approved as to form:
24 GARY D. SAENZ, City Attorney
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26 By:
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FIRST AMENDMENT TO THE VENDOR SERVICE AGREEMENT WITH
WEST COAST ARBORISTS,INC. FOR
TREE TRIMMING SERVICES
This First Amendment to an Agreement with West Coast Arborists, Inc.
for Tree Trimming Services is entered into this _ day of 2015, by
and between West Coast Arborists, Inc. ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino').
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is a
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advantageous and in the best interest of the CITY to contract for tree trimming v
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services; and
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WHEREAS, VENDOR was the lowest responsible bidder for concrete M
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maintenance services per RFP F-14-27 and was awarded a contract by the Mayor and M
Common Council on July 21, 2014 by Resolution 2014-288, in the amount of E C
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$442,400 ("Agreement"); and
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NOW,THEREFORE,the parties hereto agree as follows:
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1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to
increase the payment to VENDOR to an amount not to exceed $466,700.
2. All other terms and conditions of the Agreement shall remain in full force and
effect.
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FIRST AMENDMENT TO THE VENDOR SERVICE AGREEMENT WITH
WEST COAST ARBORISTS,INC. FOR
TREE TRIMMING SERVICES
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the
day and date first above written.
Dated: 32015 By:
West Coast Arborists, Inc. y
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Dated: ,2015 CITY OF SAN BERNARDINO a
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By: v
Allen J. Parker, City Manager
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Approved as to Form: ti
Gary D. Saenz, City Attorney M
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2014--288
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BI:RNARDINO
AND WEST COAST ARBORISTS,INC. FOR TREE TRIMMING SERVICES
This VENDOR Service Agreement is entered into this 21st day of July ,
2014, by 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;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available
VENDORS for such tree trimming services; and N
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WHEREAS,VENDOR was determined to be the lowest bidder to provide said services Q
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to City; and 0
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those services as set forth in RFQ F-I4-27, a copy of which is on file in E
the Public Works Department and a copy of the Price Form is attached hereto as Attachment
"1"and incorporated here by this reference.
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"
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2014-288
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 by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the y
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agreement,
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4. INDEMNITY.
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, N
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of ;
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any kind and nature arising from bodily injury, including death, or property damage, based or
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or
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performance of service under this Agreement, unless the bodily injury or property damage was 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"
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2014-288
A011- 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.
S. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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
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Insurance furnished to the CITY shall require the insurer to notify CITY at Ieast 30 days prior '0 0
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to any change in or termination of the policy.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by law. 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"
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2014-288
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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,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United y
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States Postal Service,postage prepaid and addressed as follows: 0
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TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418 y
Telephone: (909) 384-5140 �
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TO THE VENDOR: West Coast Arborists, Inc. to
2200 E. Via Burton Street
Anaheim, CA 92806
Telephone: 800-521-3714 r
Contact: Patrick Mahoney
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10. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
Exhibit"A"
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2014-288
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11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE. y
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The parties hereto agree that all actions or proceedings arising in connection with this °Q
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Agreement shall be tried and litigated either in the State courts located in the County of San
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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
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mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
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14. SUCCESSORS AND ASSIGNS. 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"
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2014-288
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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 o]
enforceability of the remaining terms and provisions hereof or of the offending provision in an3
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
parties, and supercedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument .0e0
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executed by all parties to this Agreement.
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Exhibit"A"
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2014-288
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 W COA ARB , INC.
By:
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Dated , 2014 CITY OF SAN BERNARDINO r
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By:
All,QWT Parker, City Manager Q
Approved as to Form: c
Gary D. Saenz, City Attorney U
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Exhibit "A"
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I RESOLUTION NO. 9014-288
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
T RIMMING SERVICES.
8 WHEREAS, West Coast Arborists, Inc. was determined to have submitted the lowest y
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and most responsive bid for the purpose of providing tree trimming services per RFQ F-14- L0
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12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE w
CITY OF SAN BERNARDINO AS FOLLOWS:
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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), 00
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16 and $197,300 from Account 126-400-0088-5505 (Other Professional Services) to Account
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17 126-400-0090-5502(Professional Contractual).
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SECTION 2. The City Manager of the City of San Bernardino is hereby authorized to
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execute on behalf of said City a Vendor Service Agreement between the City of San
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Bernardino and West Coast Arborists, Inc., a copy of which is attached hereto, marked as Q
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.
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26 in a total amount not to exceed $442,400 with three (3) one-year extensions at the City's
27 option.
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2014-288
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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.
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SECTION 5. The authorization to execute the above-referenced Agreement is
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7 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
8 resolution.
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2014-288
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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
4 (PROFESSIONAL/CONTRACTUAL) AND AUTHORIZING THE EXECUTION OF
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 1 IIEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a — 4a4 at xe&ular meeting
thereof,held.on the 2lstday of Duly ,2014, by the following vote,to wit: Y
9 Council Members: AYES NAYS ABSTAIN ABSENT L
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10 MARQUEZ x Q
11 BARRIOS x 0
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VALDIVIA x
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14 SHORETr _ x
15 NICKEL x 00
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16 JOI-INSON
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MULV IHILL x d
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19 George n Hanna, y Clerk E
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The foregoing resolution is hereby approved this n of Juyv 52014. Q
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22 R. CAREY DXVIS, Mayor
23 City o!'San erttardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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Proposal 36642 West Coast Arborists, Inc.
> «> 21718 Walnut Avenue
: .
Grand Terrace,CA 92313
State Contractors License#366764
Liability Insured (P)909.783.6544 (F)909.783.6574
PROFORMA FOR TREE MAINTENANCE SERVICES
CUSTOMER: CITY OF SAN BERNARDINO CONTACT: TOM TOWNSEND
ADDRESS: 300 NORTH D STRLET PHONE/1,AX: (951)377-4850!(909)384-5952
SAN B RNARDINO,CA 92418-0001 11NIAIL: IOWNSEN1) Tcxr';; 13C'iI Y.ORG
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INN'.NEEDED: Yes
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JOB LOCATION: Warm Creek Channel-From Arrowhead Ave to Mill Ave <(
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JOB DESCRI PTION: Tree and Shrub Removal (n
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E "I'1' Dl';'�C:'I2l I''I'C()! 111 1 l'/1' TOTAL _
405 Crew Rental -per man Man Hour $60.00 $24,300.00 ui
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GRAND TOTAL: $24,300.00 =
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COMMENTS: Remove everything in the channel.
ESTIMATED BY: ERNESTO MACIAS Date: 1/15/2015
ACCEPTED BY: Date:
Proposal Report
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