ARBORIST SERVICES Addendum 2

Location: California
Posted: May 29, 2026
Due: Jun 9, 2026
Agency: San Bernardino County Superintendent of Schools
Type of Government: State & Local
Category:
  • Q - Medical Services
Publication URL: To access bid details, please log in.
ARBORIST SERVICES
RFP NO. 25.26.0451
DESCRIPTION:   SBCSS is seeking a qualified vendor to provide arborist services at various administrative and school sites throughout the East Valley, West End, and Desert/Mountain regions of San Bernardino County. Services to begin July 1, 2026.
RFI DEADLINE:  May 22, 2026, 2:00 p.m.
RFI RESPONSE:  May 26, 2026 & May 29, 2026
RFP DEADLINE: Thursday, June 4, 2026, 2:00 p.m. Tuesday, June 9, 2026, 2:00 p.m.
ATTACHMENTS:
RFP Notification
RFP Document
Addendum 1
Addendum 2

Attachment Preview

RFP DEADLINE:
THURSDAY, JUNE 4, 2026, AT 2:00 P.M

San Bernardino County Superintendent of Schools
760 East Brier Drive
San Bernardino, CA 92408
RFP NO. 25.26.0451
ARBORIST SERVICES
RFP DEADLINE:
THURSDAY, JUNE 4, 2026, AT 2:00 P.M
PLEASE SUBMIT SEALED PROPOSALS TO:
San Bernardino County Superintendent of Schools
ATTN: Front Desk Receptionist
760 E. Brier Drive
San Bernardino, CA 92408
No faxed or emailed submissions will be accepted.

SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
REQUEST FOR PROPOSALS (RFP)
RFP NO. 25.26.0451
ARBORIST SERVICES
PROPOSAL DEADLINE: Thursday, June 4, 2026, at 2:00 p.m.
SUBMIT PROPOSALS TO: San Bernardino County Superintendent of Schools
Attn: Front Desk Receptionist
760 East Brier Drive
San Bernardino, CA 92408
The San Bernardino County Superintendent of Schools (SUPERINTENDENT) is seeking a qualified and experienced contractor to provide
comprehensive arborist services at designated administrative and school sites throughout the East Valley, West End, and Desert/Mountain
regions of San Bernardino County. Services are anticipated to commence on July 1, 2026.
The Contractor shall furnish all labor, supervision, personnel, tools, equipment, vehicles, materials, traffic control, and disposal
services necessary to maintain trees and related landscape elements in a safe, healthy, and visually acceptable condition. All services shall
be performed in accordance with applicable federal, state, and local laws, regulations, industry standards, and the specifications set forth
in RFP No. 25.26.0451.
All proposals must be directed to Front Desk Receptionist, 760 East Brier Drive, San Bernardino, CA 92408. Proposals shall be clearly marked
on the outside of the sealed envelope with the vendor's name and the RFP name as follows: "RFP ENCLOSED: RFP NO. 25.26.0451 - ARBORIST
SERVICES."
It is the sole responsibility of the proposer to deliver their proposal to the Front Desk Receptionist, who will date and time-stamp it. RFPs shall
remain open, valid, and subject to acceptance at any time within ninety (90) days after the RFP opening date and time.
A Security Bond will be required in the amount of Five Hundred and no/100 Dollars ($500.00) at the time of proposal submission. Performance
and Payment Bonds will be required from the awarded contractor and must be maintained throughout the contract duration, as
determined by the SUPERINTENDENT. The bonds must remain active throughout the contract.
This RFP is for public works project(s) as defined in Labor Code section 1720. Each Contractor submitting a proposal on this Project and all
Subcontractors (of any tier) performing any portion of the work must comply with the Labor Code sections 1725.5 and 1771.1 and must be
adequately and currently registered with the California Department of Industrial Relations ("DIR") and qualified to perform public works
pursuant to Labor Code section 1725.5 throughout the duration of the Project. The Contractor and all subcontractors shall furnish certified
payroll records as required pursuant to Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section
1771.4 on at least a monthly basis (or more frequently if required by the SUPERINTENDENT or the Labor Commissioner) and in a format
prescribed by the Labor Commissioner.
Each proposer shall be a licensed contractor at the time of the RFP pursuant to the Business and Professions Code, and such license(s) shall
remain in active and good standing for the duration of the contract. The successful contractor must maintain the license throughout the
duration of this contract. Proposers responding to this RFP must possess the following California Contractor's:
LICENSE CLASSIFICATION:
C-49 - Tree and Palm Contractor
RFP documents and all addenda may be obtained from: https://www.sbcss.net/business/business-support-services/procurement-and-
warehouse-services/bids-upcoming
All questions regarding this RFP shall be submitted in writing via email to: Maria Aldaco, Procurement Specialist at Bids@sbcss.net. All questions
must be submitted no later than 2:00 pm on May 22, 2026.
NO FAXED OR EMAILED SUBMISSIONS WILL BE ACCEPTED.
Sincerely,
Maria Aldaco
Maria Aldaco, Procurement Specialist
Procurement Services
2

Event Details Date Time
(PST)
1st Publication The Sun Newspaper & May 12, 2026
SBCSS Procurement page
Bids - Upcoming - San Bernardino County
Superintendent of Schools
2nd Publication The Sun Newspaper & May 19, 2026
SBCSS Procurement page
Bids - Upcoming - San Bernardino County
Superintendent of Schools
Last day to submit RFI/ E-mail to: Bids@sbcss.net May 22, 2026 2:00 pm
Questions for Clarification
or Explanations
Response to RFI/Questions for Clarification Addenda posted to SBCSS Procurement page May 26, 2026
Bids - Upcoming - San Bernardino County
Superintendent of Schools
PROPOSALS DUE San Bernardino County Superintendent of Schools June 4, 2026 NO LATER THAN 2:00 pm
Attn: Front Desk Receptionist
760 East Brier Drive
San Bernardino, CA 92408
Evaluations June 5-11, 2026 Tentative
Response to RFI/Questions
for Clarification
NO LATER
THAN
2:00 pm
June 5-11, 2026
Tentative

SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
CALENDAR OF EVENTS
RFP NO. 25.26.0451
ARBORIST SERVICES
Event Details Date Time
(PST)
The Sun Newspaper &
SBCSS Procurement page
1st Publication May 12, 2026
Bids - Upcoming - San Bernardino County
Superintendent of Schools
The Sun Newspaper &
SBCSS Procurement page
2nd Publication May 19, 2026
Bids - Upcoming - San Bernardino County
Superintendent of Schools
Last day to submit RFI/
Questions for Clarification E-mail to: Bids@sbcss.net May 22, 2026 2:00 pm
or Explanations
Addenda posted to SBCSS Procurement page
Response to RFI/Questions
Bids - Upcoming - San Bernardino County May 26, 2026
for Clarification
Superintendent of Schools
San Bernardino County Superintendent of Schools
Attn: Front Desk Receptionist NO LATER
PROPOSALS DUE June 4, 2026 THAN
760 East Brier Drive
2:00 pm
San Bernardino, CA 92408
June 5-11, 2026
Evaluations
Tentative
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
1.0 SCOPE OF WORK
The San Bernardino County Superintendent of Schools (SUPERINTENDENT) is seeking the services of a licensed arborist
(Contractor) to provide all labor, supervision, tools, materials, necessary equipment, transportation, insecticide, and any
other items needed to maintain, in an attractive and safe condition, the trees at the following sites:
ADMINISTRATIVE SITES:
* Brier Administrative Building, 760 E. Brier Drive, San Bernardino
* Roy C. Hill Education Center, 601 North E Street, San Bernardino
* Mt. View Building, 144 North Mt. View Avenue, San Bernardino
* Support Center, 4595 Hallmark Parkway, San Bernardino
* Dorothy Inghram Learning Center, 670 E Carnegie Drive, San Bernardino
SCHOOL SITES:
* Apple Valley North Early Education Center, 18415 Nakash Road, Apple Valley
* Barbara Phelps County High School, 1812 W Park Avenue, Redlands
* Bob Murphy County Community Day School, 149 North Arrowhead Avenue, Rialto
* David Stine Community Day School, 5033 Holt Avenue, Montclair
* Dorothy Gibson County High School, 1800 East 7th Street, Ontario
* Frost Early Education Center, 12860 Banyan Street, Etiwanda
* Live Oak Early Education Center, 2547 East Riverside Drive, Ontario
* Lucy E. Siegrist Preschool, 15922 Willow Street, Hesperia
* Mulberry Early Education Center, 8435 Archibald Avenue, Rancho Cucamonga
* Norma Covert County Education Center, 14079 Meadow Grove Drive, Victorville
* Tri-City Community Day School, 244 South D Street, San Bernardino
The sites managed by the SUPERINTENDENT may change throughout the year. Depending on evolving program requirements
and funding, the SUPERINTENDENT might expand facilities at some locations or close others. SUPERINTENDENT retains the right
to modify site allocations as needed at any time based on operational needs.
Contractor acknowledges that the California Healthy Schools Act of 2000 requires the implementation of Integrated Pest
Management (IPM) practices at all California school sites. Accordingly, the Contractor shall anticipate and support the use
of IPM approaches when performing services under this contract.
The Contractor shall comply with all applicable requirements of the Healthy Schools Act, including but not
limited to the following:
* Licensed pest control businesses shall report all pesticide applications made on school sites to the
California Department of Pesticide Regulation (DPR), in addition to all other required pesticide use
reporting
* Required warning signs shall be posted at least 24 hours prior to pesticide application and remain posted
for a minimum of 72 hours following application.
* Schools shall retain records of pesticide use at each site for a minimum of four (4) years.
* Parents and guardians shall be notified annually of anticipated pesticide applications for the upcoming
year.
* Interested Parents or guardians who have registered with the school or district shall be notified at least 72
hours prior to individual pesticide applications
* Certain pesticides, as defined by DPR, are exempt from record keeping by the schools, notification, and
posting requirements.
Vehicle Parking Restriction: Contractor vehicles shall not block staff, visitors, or emergency vehicles in parking areas at any
time.
Property Damage / Irregularities Notification: Contractor shall promptly notify SUPERINTENDENT of any damage to property,
safety concerns, or irregular conditions observed during the performance of routine maintenance or other services.
Inclement Weather: Contractor shall not be required to perform scheduled maintenance services on days when inclement
weather conditions occur, including but not limited to rain, high winds, dust storms, earthquakes, or other Acts of God. Missed
services due to inclement weather shall be rescheduled as coordinated with SUPERINTENDENT.
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
Debris and Cleanliness: Contractor shall keep all work areas clean and free of debris, waste, rubbish, and excess materials
or equipment generated as a result of the work. Contractors shall not leave debris under, in, or about the premises and shall
ensure all areas are left in a neat and orderly condition upon completion of services.
2.0 INSTRUCTIONS TO RESPONDENTS
2.1 General Information
Respondents shall conform to the instructions provided in the RFP document. All RFPs must be in a sealed
envelope bearing the name and address of the Respondent and must clearly state on the outside of the
envelope in the lower left-hand corner "RFP ENCLOSED: RFP NO. 25.26.0451 - ARBORIST SERVICES."
It is the sole responsibility of the Respondent to deliver their Proposal to the Front Desk Receptionist, where
the RFP will be dated and time-stamped.
2.1.1 Delivery Address
San Bernardino County Superintendent of Schools
Attn: Front Desk Receptionist
760 E. Brier Drive
San Bernardino, CA 92408
2.1.2 RFP Deadline
Respondents must submit all required documents prior to the deadline, Thursday, June 4, 2026, at
2:00 p.m.
2.1.3 Late Submission
Any RFP received after the stated deadline will be returned unopened. Late submissions do not
meet statutory requirements and will be deemed non responsive.
2.1.4 RFP Opening
Selected representatives of the SUPERINTENDENT will evaluate all proposals during the designated
evaluation period provided in the Notice for Request for Proposals and Calendar of Events.
Proposals will not be read aloud due to the evaluation process outlined in the RFP.
2.1.5 RFP Preparation Instructions
RFPs must be typed or written legibly. Erasures and "whiteouts" are not permitted. Mistakes may
be crossed out. Corrections shall be typed adjacent to the mistake and initiated in ink by the person
signing the RFP. RFPs must be verified before submission, as they cannot be withdrawn or corrected
after being opened. The SUPERINTENDENT will not be responsible for errors or omissions on the part
of Respondents in making up their proposals. Proposals must be signed by a responsible officer or
employee.
2.1.6 Examination of RFP Documents
The contractor should examine and be familiar with all enclosed information. The failure or omission
of any Contractor to receive or examine any of the documents relating to this RFP shall in no way
relieve any Contractor from any obligations with respect to his submission or to the contract. The
submission of a proposal shall be taken as prima facie evidence of compliance with this section.
2.1.7 Withdrawal of RFPs
Any Contractor may withdraw his submission in person or by written request at any time prior to the
scheduled opening date and time. Thereafter, all proposals received shall become the property of
the SUPERINTENDENT.
2.1.8 RFP Preparation Cost
Costs for preparing responses and any other related material is the responsibility of the Contractor
and shall not be chargeable in any manner to the SUPERINTENDENT.
2.2 Evaluation Process
Contractors will be evaluated based on their responses to all questions and requirements in this RFP.
SUPERINTENDENT shall be the sole judge in the ranking process and reserves the right to reject any or all
proposals if it is in the best interest of the SUPERINTENDENT to do so. False, incomplete or unresponsive
statements in connection with this proposal may be sufficient cause for its rejection.
The SUPERINTENDENT reserves the right to contact any Contractor during the evaluation period to discuss
their RFP submission.
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
2.3 SUBMISSION REQUIREMENTS
2.3.1 Proposal Content
Contractor is asked to submit one (1) original sealed copy and one (1) USB Flash Drive copy of their
complete proposal with index tabs separating the sections identified in the Table of Contents.
Pages must be numbered at the bottom of each page. The proposal is to be no more than 15
pages total, excluding the Table of Contents and appendices. Any proposal attachments,
documents, letters, and materials submitted by the Contractor shall be binding and included as a
part of the final contract should your proposal be selected.
2.3.2 Material
The following forms must be completed, signed in original blue ink, and submitted with your proposal
submission.
* Rate Sheet
* Signature Page
* Bid Bond/ Bid Security
* Workers' Compensation Certification
* Non-Collusion Declaration
* Drug-Free Workplace Certification
* Alcohol and Tobacco-Free School Policy
* Site Visit Certification
All proposal signatures must be original wet handwritten signatures executed in blue ink on the original document.
Digital signatures, electronic signatures, photocopies, scanned copies, stamped signatures, or reproduced signatures of any kind will
not be accepted. Failure to comply with this requirement may result in the proposal being deemed non-responsive.
2.4 Acceptance or Rejection of RFPs
Proposals shall remain open and valid for a period of ninety (90) calendar days following the proposal
opening date and time, unless a longer period is mutually agreed upon in writing by the parties. The
SUPERINTENDENT reserves the right to reject any or all proposals, in whole or in part, and to waive minor
irregularities or informalities in proposals when such action is deemed to be in the best interest of the
SUPERINTENDENT.
2.5 Questions Regarding the RFP / RFIs
Questions should be submitted in writing via email to the Procurement Specialist, Maria Aldaco, at
Bids@sbcss.net by the RFI deadline stated in the CALENDAR OF EVENTS.
3.0 QUALIFICATION OF CONTRACTOR
Contractor must possess a valid business license and any other required license or certificates. Any permits required
for the prosecution of the work specified in the RFP shall be secured and paid for by the Contractor, unless otherwise
specified. Each Contractor shall possess at the time of RFP a current contractor's license, pursuant to Public Contract
Code Section 3300 and Business and Professions Code Section 7028-15, for the applicable work proposed to be
furnished. The successful Contractor must maintain the license throughout the duration of this contract. Contractors
responding to this RFP must possess a California Contractor's C-49 license.
Contractors must submit the names and phone numbers of at least three (3) previously serviced accounts.
4.0 SECURITY (BOND)
Each proposal submission shall be accompanied by cash or cashier's check payable to the San Bernardino County
Superintendent of Schools or a satisfactory bond in favor of the San Bernardino County Superintendent of Schools
executed by the Contractor as principal and a satisfactory surety company as surety, in the amount of Five Hundred
and no/100 Dollars ($500.00).
Such cash, cashier's check, or bond shall be given as a guarantee that the Contractor will enter into a contract if
given the award and in the case of refusal or failure to enter into a contract within seven (7) days after being
requested to do so by the SUPERINTENDENT, the cash, check or bond shall be forfeited to the SUPERINTENDENT. If the
proposal is not accepted within ninety (90) days after the time set for the opening of RFPs, or if the successful
Contractor executes and delivers said contract within the specified time, the cash, cashier's checks, or bonds will
be returned.
5.0 MANDATORY SITE VISITATION
Contractors shall certify that Contractor has visited each site of the proposed work and has fully acquainted himself
with the conditions relating to the required services. Contractor fully understands the facilities, difficulties, and
restrictions attending the execution of the work under the contract. A form for this purpose is furnished with the RFP
documents.
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
Contractor shall fully indemnify San Bernardino County Superintendent of Schools, its officers, agents and employees
from any damage, or omissions, related to conditions that could have been identified during my visit to the site.
6.0 WORKERS
Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ or
work any unfit person or anyone not skilled in work assigned to him. If SUPERINTENDENT considers the workmanship
of an employee to be of poor quality, SUPERINTENDENT reserves the right to request replacement of Contractor's
employee within five (5) business days notice of the initial request.
7.0 INTERPRETATION OF DOCUMENTS
Any interpretation or correction of the contract documents will be made only by an addendum duly issued, and a
copy of such addendum will be delivered to each person receiving a set of RFP documents. No person is authorized
to make any oral interpretation of any provision in the RFP documents to any Contractor and no Contractor is
authorized to rely on any such unauthorized oral interpretation.
Changes in, or additions to, the RFP form, recapitulations of work proposed, alternative proposals or any other
modification of the RFP form which is not specifically called for in the RFP documents may result in the
SUPERINTENDENT'S rejection of the proposal as not being responsive. No oral or telephonic modification of any
proposal submitted will be considered.
8.0 AWARD OF CONTRACT
The SUPERINTENDENT reserves the right to reject any or all responses, or to waive any irregularity or informality in any
responses or in the RFP process. The SUPERINTENDENT reserves the right to contract with any Contractor meeting the
evaluation standards as set forth in this document in accordance with Public Contract Code 20118.2.
It is understood and agreed that if written Notice of Intent to Award Contract is delivered to the Contractor after the
opening of the RFP, and within the time this RFP is required to remain open, or at any time thereafter before this RFP is
withdrawn, the undersigned will execute and deliver to the SUPERINTENDENT a contract in accordance with the RFP
as accepted, furnish and deliver the Performance Bond and Labor and Materials Payment Bond as specified, as well
as all other required documents within seven (7) business days after receipt of notification of award. Work under the
contract shall commence on the date to be stated in the SUPERINTENDENT'S Notice to Proceed and shall be
completed by the awarded vendor in the time specified in the contract documents.
9.0 PERFORMANCE AND PAYMENT BONDS
Performance and Payment Bonds will be required to be maintained during the life of the contract at the level of
one hundred percent (100%) of the contract amount for both the Performance and Payment Bonds. Forms for this
purpose are furnished with the RFP Notice of Award.
10.0 CONTRACTORS INTERESTED IN MORE THAN ONE RFP
No person, firm, or corporation shall be allowed to make, file, or be interested in more than one RFP for the same
project unless alternate proposals are specifically called for. A person, firm, or corporation that submits a sub
proposal to a Contractor or that has quoted prices for materials to a Contractor is not thereby disqualified from
submitting a sub proposal or quoting prices to other Contractors.
11.0 LENGTH OF CONTRACT
The contract awarded will begin on July 1, 2026, or as soon thereafter as practicable, and continue through and
include June 30, 2027. The contract can be extended by mutual written consent. The SUPERINTENDENT may, at its
option, renegotiate the contract for up to, but not exceeding, four (4) additional one (1) year periods. May not
extend beyond June 30, 2031.
12.0 PRICES
Prices shall remain firm for the entire term of the contract. Any request for an adjustment to the awarded contract
pricing must be submitted in writing to SUPERINTENDENT and supported by appropriate documentation
substantiating the basis for the requested increase. Any pricing adjustment shall be subject to a mutual written
agreement of both parties. The Contractor shall provide documentation acceptable to, and subject to the approval
of, the SUPERINTENDENT to fully justify any proposed price adjustment.
13.0 HOURS OF PERFORMANCE
Work is to be performed after school hours (3 pm at school sites), on weekends, or at times that do not interrupt
regular business. Any modifications to hours or requests will need to be approved by the SUPERINTENDENT.
14.0 TAXES
If under federal excise tax law, any transaction hereunder constitutes a sale on which a federal excise tax is imposed
and the sale is exempt from such excise tax because it is a sale to a state or local government for its exclusive use,
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
the SUPERINTENDENT upon request will execute a certificate of exemption which will certify that the SUPERINTENDENT
is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of
the SUPERINTENDENT. No excise tax for such materials shall be included in any RFP price.
15.0 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
As of March 1, 2015, all contractors bidding on a public works project must be registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5. http://www.dir.ca.gov/Public-Works/PublicWorks.html
16.0 INVOICES AND PAYMENTS
Invoices shall be submitted under the same firm name as shown on the purchase order. Invoice format shall be
approved by the SUPERINTENDENT'S authorized representative. Each invoice shall reflect "One Job" that includes
materials, supplies, and services. Each invoice shall clearly indicate the location/site name where work was
accomplished. The SUPERINTENDENT shall make payment for materials, supplies or services furnished under the
purchase order within a reasonable and proper time after acceptance thereof and approval of the invoices by the
authorized representative.
17.0 SAFETY REQUIREMENTS
The areas in which the services are to be performed may be operational at the time service is provided. Therefore,
precaution shall be exercised at all times for the protection of persons, including employees, students and property.
The safety provisions of applicable laws shall be observed. The Contractor shall maintain sufficient safeguards
against the occurrence of accidents, injuries, damage or hurt to any person or property and Contractor shall be
responsible for the same if such occurs. No children accompanying the Contractor will be permitted on any
SUPERINTENDENT site.
All services proposed in response to this RFP must conform to the Safety Order of the State of California, Division of
Industrial Safety and CAL-OSHA regulations in effect at the time of RFP. Contractors receiving awards of items
subject to Chapter 4 (Industrial Safety Orders) California Administrative Code, Title 8, Division of Industrial Relations,
must submit to the SUPERINTENDENT'S Purchasing/Contracts office, Material Safety Data Sheets (MSDS) for those
items, when requested.
18.0 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of
work as indicated and specified. If Contractor performs any work knowing it to be contrary to such laws, ordinances,
rules and regulations, he shall bear all costs arising there from.
19.0 HOLD HARMLESS
The Contractor shall hold harmless and indemnify the SUPERINTENDENT, its officers and employees from every claim
or demand that may be made by reason of:
19.1 Any injury to person or property sustained by the Contractor or by any person, firm or corporation employed
directly or indirectly by him upon or in connection with his performance under the purchase order however
caused.
19.2 Any injury to person or property sustained by any person, firm or corporation caused by any act, neglect,
default or omission of the Contractor or of any person, firm or corporation, directly or indirectly employed
by him upon or in connection with his performance under the purchase order.
19.3 Any liability that may arise from the furnishing or use of any copyrighted composition, secret process or
patented or unpatented invention under the purchase order.
20.0 INDEPENDENT CONTRACTOR
In all matters relating to this Agreement, Contractor shall be acting as an Independent Contractor. The employees
of the Contractor and its subcontractors are not employees of the SUPERINTENDENT under the meaning or
application of any Federal or State unemployment insurance laws, other social security law or any workers'
compensation law, industrial law, or otherwise. Contractor shall assume and pay all liabilities and perform all
obligations implied by any such laws with respect to the performance of services awarded under this RFP.
Contractor shall not have any right, power, or authority to create any obligation, express or implied, on behalf of
the SUPERINTENDENT and shall not have any authority to represent itself as an agent of the SUPERINTENDENT.
21.0 DEFAULT BY CONTRACTOR
21.1 If the successful Contractor fails or neglects to furnish, deliver, provide or install any of the equipment,
materials, supplies or services at the prices quoted, or at the times and places agreed upon, or otherwise
fails to comply with the terms, conditions and specifications of this RFP document in its entirety, the
SUPERINTENDENT reserves the right to cancel existing orders of any items affected by such default; and
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
procure the equipment, materials, supplies or services from other sources and deduct from any unpaid
balance due to the successful RFP awardee or collect against his sureties, if any, excess costs so paid. The
price paid shall be considered the prevailing market price at the time such purchase is made.
21.2 If the workmanship, in the opinion of the SUPERINTENDENT, is poor and Contractor has failed to correct the
situation within a reasonable time after written notification of said poor workmanship, the SUPERINTENDENT
may terminate the agreement with a two (2) day written notice.
22.0 DAMAGES
Should any litigation be commenced between the parties to a contract concerning this RFP, or the rights and duties
of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as
may be granted, a reasonable sum for its attorneys' fees which shall be determined by the Court or in separate
action brought for that purpose.
23.0 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Contractor shall take out and maintain during the life of the contract such public liability and property damage
insurance as shall protect him and the SUPERINTENDENT from all claims for property damage arising from operations
under the contract. Contractor shall require his subcontractors, if any, to take out and maintain similar public liability
and property damage insurance.
Contractor shall not commence work nor shall he allow any subcontractor to commence work under this contract
until he has obtained all required insurance and certificates which have been delivered and approved by the
SUPERINTENDENT.
a. Certificates and insurance policies shall include the following clause: "This policy shall not be canceled or
reduced in required limits of liability or amounts of insurance until notice has been mailed to SUPERINTENDENT
stating date of cancellation or reduction and may not be less than ten (10) days after date of receipt of
notice."
b. Certificates of insurance shall state in particular those insured, extent of insurance, location and operation to
which insurance applies, expiration date and cancellation and reduction notice.
c. Certificates of insurance shall clearly state that the SUPERINTENDENT is named as additional insured under the
policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained
by the SUPERINTENDENT.
d. Insurance shall be written for not less than the following limits, or greater if required by law:
1. Workers' Compensation
a. State Statutory
b. Applicable Federal Statutory
2. Comprehensive general liability, including premises-operations, independent contractors
protection, products and completed operations, broad form property damage:
a. Bodily Injury $1,000,000 each occurrence
b. Property Damage $1,000,000 each occurrence
$1,000,000 aggregate
c. Products and completed operations
shall be maintained for a minimum
of two years after final payment $ 500,000 aggregate
3. Contractual Liability
a. Bodily Injury $ 500,000 each occurrence
b. Property Damage $ 100,000 each occurrence
$1,000,000 aggregate
4. Personal Injury with Employment Exclusion Deleted $ 100,000 aggregate
5. Comprehensive Automobile Liability (owned, non-owned, hired)
a. Bodily Injury $ 250,000 each person
$ 500,000 each accident
b. Property Damage $ 250,000 each occurrence
24.0 CERTIFICATES OF INSURANCE
Within five (5) days after notice of intent to award and prior to award, Contractor must furnish the SUPERINTENDENT,
at no cost or obligation to the SUPERINTENDENT, certificates of insurance from all companies as evidence of the
amounts and types of insurance required as per Section 23.0.
Contractor's Workers' Compensation insurance shall include a waiver of subrogation.
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SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
RFP NO. 25.26.0451 - ARBORIST SERVICES
25.0 GUARANTEE OF MATERIALS AND WORKMANSHIP
Contractor shall guarantee all such work that may prove to be defective in workmanship or material, together with
any other adjacent work which may be displaced in connection with such replacement, within a period of one (1)
year from the date of acceptance of the above-mentioned project by the SUPERINTENDENT; ordinary wear and
tear, unusual abuse, or neglect are exempt.
In the event of the Contractor's failure to comply with the above-mentioned conditions within one week after having
been notified in writing by the SUPERINTENDENT, the Contractor authorizes the SUPERINTENDENT to proceed to have
said repairs made good at the Contractor's expense.
26.0 WAGE RATES
Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the California
Labor Code, the SUPERINTENDENT has ascertained the general prevailing rate of per diem wages in the locality in
which this public work is to be performed for each craft, classification or type of workmen needed to execute the
contract. These prevailing rates, as determined, are available online at www.dir.ca.gov/dlsr/pwd/
Holiday and overtime work when permitted by law shall be paid for at a rate of at least one and one-half (112) times
the above specified rate of per diem wages, unless otherwise specified.
There shall be paid each worker of the Contractor or any of his subcontractors engaged in work on the project not
less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist
between the Contractor or any subcontractors and such worker.
The Contractor shall, as a penalty to the SUPERINTENDENT, forfeit fifty dollars ($50.00) for each calendar day or portion
thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is
employed for any public work done under the contract by him or any subcontractor under him. The amount of this
forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of Contractor's,
mistake, inadvertence or neglect in failing to pay the correct rate of prevailing wages. A mistake, inadvertence or
neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor had knowledge of his
obligations under Part 7 of Division 2 of the Labor Code. The difference between such stipulated prevailing wage
rate shall be paid to each workman by the Contractor.
Any worker employed to perform work on the project which is not covered by a classification listed in "Wage Rates"
shall be paid not less than the minimum rate of wages specified herein for the classification which most nearly
corresponds to work to be performed by him, and such minimum wage rate shall be retroactive to time of initial
employment of such person in such classification.
Pursuant to Labor Code Section 1773.1, per diem wages are deemed to include employer payments for health and
welfare, pension, vacation, travel time, and subsistence pay as provided in Section 1773.8 of the Labor Code,
apprenticeship or other training programs authorized by Section 3093 of the Labor Code and similar purposes when
the term "per diem wages" is used herein.
Apprentices of any of the above crafts may be employed provided they are properly indentured to Contractor in
full compliance with the provision of Section 1777.5 of the Labor Code.
Contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name,
occupation, actual hours worked and actual per diem wages paid to each workman employed by him in
connection with this public work. Such record shall be open at all reasonable hours to inspection by
SUPERINTENDENT, its officers and agents and to Chief, Division of Labor Law Enforcement of the State Department
of Industrial Relations, State of California, his deputies and agents.
Contractor shall post at appropriate conspicuous points on the site of work, a schedule showing all determined
minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.
27.0 HOURS OF WORK
As provided in Article 3 (commencing at Section 1810), Chapter 1, Part 7, Division 7 of the California Labor Code,
eight hours of labor constitute a legal day's work. The time of service of any workman employed at any time by the
Contractor or by the work or upon any part of the work contemplated by this contract is limited and restricted to
eight hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter
provided.
Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each workman employed in the execution of the
contract by the Contractor or by any subcontractor for each calendar day during which such workman is required
or permitted to work more than eight hours in any one calendar day and forty (40) hours in any one calendar week.
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