HomeMy WebLinkAbout19-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution authorizing execution
ofa Vendor Service Agreement and the
issuance of a purchase order to Service
Scape for the landscape maintenance of
Assessment District No.1 042 - Shandin
Hills Drive and Shady Creek Drive; and
ratifYing any action taken between October
I, 2007, and the date that this Resolution is
adopted.
Dept: Parks, Recreation &
Community Services Dept.
Date: September 18, 2007
MlCC Meeting Date: October 15,2007
Synopsis of Previous Council Action:
7/16/02 - Approval of2007/2008 Assessment Rolls (various Assessment Districts).
Recommended Motion:
Adopt Resolution.
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Contact person:
Jim Gondos
Phone:
5031
Supporting data attached: yes
FUNDING REQUIREMENTS:
Ward: ......... S~
Amount: $15,295 for balance of Agreement term
(October I, 2007 through January 31, 2008).
Source: (Acct. No.) 254-620-6029-1042
( A l"l"t np~,.riptinn) A ~~p~<:!mpnt .ni<:!tri,...h::
Finance:
Council Notes:
Agenda Item No. J9
10[15101
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of a Vendor Service Agreement and the issuance of a purchase order to Service
Scape for the landscape maintenance of Assessment District No.1 042 - Shandin Hills Drive
and Shady Creek Drive; and ratifying any action taken between October I, 2007, and the date
that this Resolution is adopted.
Baekground:
Assessment Districts have been fonned throughout the City for various types of improvements
and maintenance. The majority of these are landscape maintenance assessment districts that
were fonned as a result of conditions of approval for the development of landscaping that was
installed at various tracts. The annual assessments include the contract costs for maintenance,
water, energy, inspection and administration.
Assessment District No. 1042 was approved in May 2006, along with the first year's
assessment rolls. The developer maintenance period has expired, resulting in the City taking
control of the landscape maintenance of this district.
The Parks, Recreation and Community Services Department prepared the appropriate
specifications and the Purchasing Division of the Finance Department published and furnished
contract bid documents to vendors. Contract bid documents were advertised in The Sun
Newspaper and the City Web page. The job walk was conducted on May 17, 2007. Bids were
publicly opened and declared on June 7, 2007. The following is a summary of bids received:
Service Scape - Alta Loma
Lasting Images - Corona
Excel Landscape - Corona
$45,885.00
$47,224.16
$71,353.00
The Parks Department has experienced maintenance non-compliance issues with some of the
contractors who perform landscape maintenance for the department. Most of the concerns
centered around the lack of adequate staffing. In order to address the concerns, City staff has
stepped up contractor accountability requirements. In response, the Department has noted a
sigmficant increase in contnlctor responsiveness and service delivery in both city park sites and
assessment districts. Therefore, the department is confident that there will be an improved
level ofservice by contractors. Staff therefore recommends that a Vendor Service Agreement
and purchase order be awarded to Service Scape for the maintenance of Assessment District
No. 1042.
The term of the Agreement is four months (October I, 2007 through January 31, 2008). At the
City's option, given funding authority, City may exercise up to three single year renewal
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options. Option year 1, if exercised, will be effective February 1,2008 through January 31,
2009.
Since the effective date of the Agreement is October 1,2007, the Resolution ratifies any action
taken between October 1,2007, and the date that the Resolution is adopted.
Financial Impact:
The assessment covers maintenance and incidental district costs, including the $15,295 for the
four-month term of this Agreement. The annual cost for contract maintenance of Assessment
District No. 42 is $45,885.00.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO
SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE OF ASSESSMENT
DISTRICT NO. 1042 - SHANDlN IDLLS DRIVE AND SHADY CREEK DRIVE; AND
RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 1, 2007, AND THE DATE
THAT THIS RESOLUTION IS ADOPTED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Service Scape is the lowest and best responsible bidder for the
landscape maintenance of Assessment District No. 1042 for an annual cost of $45,885.00.
Pursuant to this determination, the City Manager is hereby authorized to execute a Vendor
Service Agreement, attached hereto and labeled "Exhibit A" and incorporated herein as though
set forth at length. The Director of Finance or his/her designee is authorized to issue a purchase
order to Serviee Scape in the amount of$15,295.00, and all other quotations are hereby
rejected. The effective date of this Agreement is October 1,2007 through January 31, 2008;
therefore, any action taken between October I, 2007, and the date that this Resolution is
adopted is hereby ratified.
SECTION 2. At the City's discretion, given funding authority, City may exercise three
single year renewal options. The first year option, if exercised, shall be effective February I,
2008 through January 31, 2009.
SECTION 3. The authorization to execute the above referenced Vendor Service
Agreement is rescinded if it is not executed by both parties within sixty (60) day of the passage
of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO
SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE OF ASSESSMENT
DISTRICT NO. 1042 - SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE; AND
RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 1, 2007, AND THE DATE
THAT THIS RESOLUTION IS ADOPTED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of , 2007, by the following
vote, to wit:
9 Council Members:
10 ESTRADA
AYES
NAYS
ABSTAIN ABSENT
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BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
17 MCCAMMACK
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21 2007.
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
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Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
. cJrtr.
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2007, by and between Service Scape ("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 acquire landscape maintenance services for Assessment
District No.1 042, located at Shandin HiIls Drive and Shady Creek Drive; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for landscape maintenance at that location; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
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authorized by the City of San Bernardino to provide such landscape maintenance.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those landscape maintenance services as set forth in Attachment "A",
"Price Form - RFQ F-07-34 - Landscape Maintenance District No. 1042 - Basic Bid plus
Supplemental Items of Work" a copy of which is attached hereto and incorporated herein by
this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice
covering one month, in arrears, shall pay the VENDOR the amount of $3,823.75 per month for
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the four-month term of this Agreement for landscape maintenance services provided for
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Assessment District #1042. Annual cost for contract maintenance of Assessment District No.
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1042 is $45,885.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of four months (October I, 2007
through January 31, 2008). At the City's option, given funding authority, City may exercise up
to three single year renewal options. Option year I, if exercised, will be effective February 2,
2008 through January 31, 2009.
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 mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4.
INDEMNITY.
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CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
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Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl
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INSURANCE.
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While not restricting or limiting the forgoing, 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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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
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employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
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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 license, 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
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
547 No. Sierra Way
San Bernardino, CA 92410
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Telephone: (909) 384-5233
TO THE VENDOR:
Service Scape
9716 Cottonwood Way
Alta Lorna, Ca. 91737
Telephone: (951) 545-1125
10. ATTORNEYS' FEES
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. The costs, salary and expenses of the City Attorney and members of his
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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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.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
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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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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
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provisions.
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16.
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
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
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By:
Fred Wilson, City Manager
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By:
James F. Penman, City Attorney
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Attachment A
Price Form
REQUEST FOR QUOTES:
RFQ F-07-34
DESCRIPTION OF RFQ:
BIDDER'S NAME/ADDRESS:
Landscape Assessment District # 1042
5E.rz..V\ (".8 -3CAFE
=:f"l i tc'-' ,.. "-"\'\01-4\;'..l co l> \tUA- '-(
b'-\""'b.. LCMA.-, ~A.. 91-,3,
.
NAMEffELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE ~f--lC>Y ::r:t.31 t-LDet-.L
I ( ~5i ) 5.1\-5- \ I z-S
ANNUAL PU RCHASE ORDER
Effective on or about August 1, 2007 through January 31,2008 plus three (3) single year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage.
\
erotion Year one, if exercised, shall be effective February 1,2008 through January 31, 2009, Dorion vear
two, if exercised, shall be effective February I, 2009 through January 31,2010. erorion vear three. if
exercised, shan be effective February 1,2010 through January 31, 2011.
Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and
the vendor). Under no circumstances win adjustments in the fees exceed five (5) percent per additional
period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase.
Price increases shall become effective 30 (thirty) days after the City receives written notification of such
increases. Vendor must also pass on any decreases in the same way.
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.
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PRICE FORM
PLAN NO. 1170S-A (2007-2008)
ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA
BASIC BID
..
DESCRIPTION OF ITEMS UNIT TOTAL
ITEM OUA.NTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS PRICE A.NNUAL PRICE
" . . .
I I L.S. Maintenance of fuel modification tbinning area, at
(229,330 sq./l z) the lump sum price of~ I
~..". Dollars
& "" -'C> /t Ccnts L.S. S "3,' 40.~
-(
2 I L.S. Maintenance of plants, shrubs, groundcover and
(16,850 sq.ft. z) irrigation system, at the lump sum price of:
. ~ --ru--- ~ lit 1
& ..- Cents L.S. S 12" Z.Sc>.l22-
3 1 L.S. M.intenance of landscaped slopes, drab
(170,950 sq.ft z) basins and drainage channels and irrigati
the lump sum price of:-T\.d- ~
~o Dollars L.S. S Iz.. Z-5(j~-
& ... nts ,
. .
4 I L.s. Maintenance of trees and Irrigation system at the
lump sum price of:
. Dollars
& ~ h""-, Cents L.S. SB,~~
,
TOTAL BASIC BID (A) $~'5,(A-O.~
.
~ Z ~ I 0 . ~ Pt..l,&.- t?\C:>t---n"'U
~ ~5f(P40. e")o - .b>~--'-V.b-L-L '\"
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PRICE FORM
PLAN NO. 1042-A (2007)
ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA
SUPPLEMENTAL ITEMS OF WORK
DESCRIPTION OF ITEMS TOTAL PRICE
ITEM QUANTITY UNIT WITH UNIT PRICE JJ'RlTTEN IN WORDS UNIT (Quantity x Unit
. PRICE Price)
1 35 EACH Replaeemeat ofTrea at : S"~ SZ.i~2.5. ~
~- l' ~..r~ - ~ 1 Am:.-< per each
2 500 SQ.FT. Rfpl-----t of Turf at s/_O~ SC:X:>.~
o. ~ ~.. ~tz:,. per sq.ft. S
3 Replacement of Shrubs at --.:.. s zo.!E!!
25 EACH ~ . .~ ... ~tI t:'v"-II. " ACZ-.<" percach s 500.~
.
Replacement of Grouad Cover at -
4 200 FLAT _I or ---..Il.e~ . .. (....D. I ~ per flal SZO.~ $4-0CO.~
Replacement of SprID/dea' Heads : Pop-up
5 40 EACH l3'J!e, ladudIDg Dt1cnflrj pipe, fittings, etl:.,
at~~..a:;n .. It: ~I~<
. . ,: per each S/Z ,!Z!Z $ 4-B6 00:>
.-
Replacemeut ofSpriDkler Heads : Rotor type,
6 40 EACH Incllllltq ___ry pipe, fittlDp, etc., at
-n..-.. -0 -.. -< ~I ~ $ZO.!!$ BOO.~
. per each S
Repl.~_t ofSpriDlder Beads: Sbrubbery
7 20 EACH type, lucIudJuc neceaary pipe, fittings, etc.,
at \ . D-' I'"",~S
per each SIOJ~ S Z.OO,~
Replacement of SpriDlder Beads : Impact
8 1 EACH type, Incllllltq _ nili)' pipe, 1lttiDgs, etc.,
at-r-~c.- ~ ( .t"'Y-"'li t ~S
per each SZO.!!E $ ZO.~
Cost of labor for lrrJpUOD system repair for
9 35 HOURS EXTRA WORK~~, ---n,..., l::> S3Z.~ I rzo. 0(;).
r-..r... 1 ^- cc-.'=' per hour S
TOTAL SUPPLEMENTAL ITEMS OF WORK (B) $IOIZ.:1S,~
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TOTAL BID:
e BASIC BID + SUPPLEMENTAL ITEMS OF WORK (A+B) $ 4-S,RA-~. ~
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Are there any other additional or incidental costs, which will be r~ by yourfinn in order to
meet the requirements of the Technical Specifications? Yes No . (circle one). If you
answered "Yes", please provide detail of said additional costs:
Please indicate any elements oftQe Technical Specifications that cannot be met by your
finn.
1---L6 t---t ~
"
Have you included in your bid all infonnational items and forms as requested@1 No
(circle one). If you answered "No", please explain:
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This offer shall remain finn for 90 days from RFQ close date.
Tenns and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %1'40.. days; unless otherwise stated, payment terms are: Net
thirty (30) days.
In signing this bid, Bidder 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 RFQ. Below, please
indicate all Addenda to this RFQ received by your finn, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No: .
Addenda No:
Received on:
Received on:
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Addenda No:
Received on:
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AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TULE: rz.. 7..l3> It-! D_.
OWlo-.I.'="\ Z--
DATE SIGNED:
5-Z-"3 --01
~~Ic:.e-SCA.t--c-
'9'I~ L......uol '1.0'>(01) ...........y
A4.-~ ~....; co.. .~:H"'""30"
FAX:J.~o~)~-'9;z...1
,
COMPANY NAME & ADDRESS:
\(,:>'5\) S4s-II'Z-S"
PHONt: .
,
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
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NON - COLLUSION AFFIDAVIT
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TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, underpenaJty ofpeIjury:
That he/she 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 RFQ F-07-34.
Business Name
~lc..e-~.
~1\\o ~"-'OC)j) ~'-(
BusinessAddress~ ~I CA .~I""3.'"
SignatureofbidderXf? ~ ^- J ~
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b-~ \...-c!X7l.,A
Place of Residence
\
Subscribed and sworn before me this 2~7"" day of /11# '7
,2007
Notary Public in and for the County of S4/l/ ~JVA>u1J,U 0 ,State of California
My commission expires J UiV 77#
,20~
1.- - - - ~~~~..: - f
J ~~.e~y
1Qn~_..CQRv
. Mreamm. __JIh 7.
- - - -- - - --
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2007, by and between Service Scape ("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 acquire landscape maintenance services for Assessment
District No. 1042, located at Shandin Hills Drive and Shady Creek Drive; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for landscape maintenance at that location; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
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authorized by the City of San Bernardino to provide such landscape maintenance.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those landscape maintenance services as set forth in Attachment "A",
"Price Form - RFQ F-07-34 - Landscape Maintenance District No. 1042 - Basic Bid plus
Supplemental Items of Work" a copy of which is attached hereto and incorporated herein by
this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice
covering one month, in arrears, shall pay the VENDOR the amount of $3,823.75 per month for
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the four-month term of this Agreement for landscape maintenance services provided for
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Assessment District #1042. Annual cost for contract maintenance of Assessment District No.
1042 is $45,885.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of four months (October I, 2007
through January 31, 2008). At the City's option, given funding authority, City may exercise up
to three single year renewal options. Option year I, if exercised, will be effective February 2,
2008 through January 31, 2009.
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 mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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4.
INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
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Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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5.
INSURANCE.
While not restricting or limiting the forgoing, 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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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
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employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
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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 license, 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
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
547 No. Sierra Way
San Bernardino, CA 92410
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Telephone: (909) 384-5233
TO THE VENDOR:
Service Scape
9716 Cottonwood Way
Alta Lorna, Ca. 91737
Telephone: (951) 545-1125
10. ATTORNEYS' FEES
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. The costs, salary and expenses of the City Attorney and members of his
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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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.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
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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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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
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provisions.
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16.
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
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
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By:
Fred Wilson, City Manager
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By: (
,
Jame F. Penman, City Attorney
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Attachment A
Price Form
REQUEST FOR QUOTES:
RFQ F-07-34
DESCRIPTION OF RFQ:
BIDDER'S NAMFJADDRESS:
Landscape Assessment District # 1042
5'E-rzV\ c..B - 5c.APE
3., ilo". /' "'-"'-n-Ot-4V-tOOl> V-I6...'-(
6.L--r:b.. LOM~. ~A. 9L-'3,
.
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NAMEffELEPHONE NO. OF
AUTHORIZED REPRESENTATIVEt"Z....6..~C>y ~l t-LC:>et-L
\ ( ~Si ) 54-5.- \ \ z-S
ANNUAL PU RCHASE ORDER
Effective on or about August I, 2007 through January 31, 2008 plus three (3) single year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage.
,
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Ootion vearone, if exercised, shall be effective February 1,2008 through January 31,2009, Ootion vear
two, if exercised, shall be effective February I, 2009 through January 31, 2010. Ootion vear three. if
exercised, shall be effective February I, 2010 through January 31, 2011.
Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and
the vendor). Under no circumstanr.es will adjustments in the fees exceed five (5) percent per additional
period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase.
Price increases shall become effective 30 (thirty) days after the City receives written notification of such
increases. Vendor must also pass on any decreases in the same way.
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.
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PRICE FORM
PLAN NO. 1170S-A (2007-2008)
ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA.
BASIC BID
DESCRIPTION OF ITEMS UNIT TOTAL
ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS PRICE ANNUAL PRICE
'" .
I I L.S. Maintenance of fuel modification thinning area, at
(229.330 sq.ft.,j,) the lump sum price of:-r.II>. -
~.., .... Dollars
& ... -'O/li'":) Cents L.S. S "31 4C.~
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0(
2 I L.S. Maintenance of plants, shrubs, groundcover and
(16,850 sq.ft.,j,) Irrigation system, at the lump SWD price of:
10...&0 -ru-~~ lit 11m
& al..- Cents L.S. S 12., Z.50.~
3 I L.S. M~intenance of landscaped slopes, drab
(170.950 sq.ft,j,) basins and drainage channels and irrigati
the lump sum price of:-T\..l
-r-..... C> Dollars L.S. S Iz. Z-S(j~
& ... .,-"nts ,
.
4 I L.S. Maintenance of trees and irrigation system at the
lump sum price of: .. ~- . Lr-T"" . .
Dollars
& ~/,,...,.~.. Cents L.S. S e.,~~
,
TOTAL BASIC BID (A) s~5,(AO. cot:?.
.
d::.' 0""
~z. ~I 0 . - P-..:~ t7\c>t-rru.
~ ~S/(P40;~ ..l>1,-...U-'-V..b-l-L. \
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PRICE FORM
PLAN NO. 1042-A (2007)
ASSESSMENT DISTRICT NO. 1042 - SHANDIN BILLS AREA
SUPPLEMENTAL ITEMS OF WORK
DESClUPTJON OF ITEMS TOTAL PRICE
ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS UNIT (Quantity x Unit
. PRICE Price)
1 35 EACH RepJaeement of Trees at : SI5;2fI $Z.,~2-5. ~
~ ( ""'T r..... - ~ &. A..a:..< per each
2 SOO SQ.FT. lh-pl............~ of Turf at: sl .OC!....
o. .,,- ~. ..A..tz::,. per sq.ft. S 5CO.~
3 EACH Repl__t of Shrubs at: ---.:. stD.'!:!:!
25 -,...----.le\ .. ~tl ~ ," ACZ-<" pereach S 500..~
.
4 200 FLAT Repl..........t of Ground Cover at: SZO.~ $ 4-oCl::' . 0<>
-~ ,- ",e~ . .. (......D.._'~ per flat
RepJacemeat of SpriaJder Beads : Pop-up
5 40 EACH ~ IDcIacIlag Die my pipe, ftttiDgs, etc.,
at:-+-.~ ..~ ... ~ ~I^"""'_<'
. . .- .. per each S/2.!ZS! $ +B6.~
.
RePJacemeat of SprlaJder Beads : Roto.. type,
6 40 EACH IDcIudiDc --e-auy pipe, ftttiDgs, etc., at:
--t"l.-I . J..~ ~. ~ $ZO.~ BOO.~
- per each $
RepJa.........t of SprlaJder Beads : Shrubbery
7 20 EACH type, lududllll aec_ary pipe, ftttI.... etc.,
at l . 0.-. ..""", n:::::- r
S/ O/~!! C)Q 00
per each S Z. .-
RepJacemeat of SprlaJder Heads: Impact
8 1 EACH type, lududiJtc uecessary pipe, ftttlngs, etc.,
at: ........ .- ~ , t-r-.,. . A........ (
per each $ZO.~ $ ZO.~
Cost of labor for irrIpdon system repair for
9 35 HOURS EXTRAWORK~~, -n......:. ~ $3Z.:B If 2..0. Dt:> ~
N-.:>l J "-=-'- per hour $
TOTAL SUPPLEMENTAL ITEMS OF WORK (B) o :4S (>0
sl 12: ,-
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TOTAL BID:
BASIC BID + SUPPLEMENTAL ITEMS OF WORK (A+B) s4s.M"". ~
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L___________u___________
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Are there any other additional or incidental costs, which will be ~ by your firm in order to
meet the requirements of the Technical Specifications? Yes No . (circle one). If you
answered "Yes", please provide detail of said additional costs:
Please indicate any elements of tile Technic31 Specifications that cannot be met by your
firm.
t--.1.-6 t--t G"
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Have you included in your bid all informational items and forms as requested@/ No
(circle one). If you answered "No", please explain:
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This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %t-4/~ days; unless otherwise stated, payment terms are: Net
thirty (30) days.
In signing this bid, Bidder 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 RFQ. Below, please
indicate all Addenda to this RFQ received by your firm, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Received on:
Received on:
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Addenda No:
Received on:
O~
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. AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: rz..~ It-l D~.
Ow ~C--I. z.-
,
COMPANY NAME & ADDRESS:
\(-:>"5 \) '54s-h"Z.-S"
PHO~: ,
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5-Z-.'3 --01
.~~lc:.e-~F""=-
9'...""" ~'''v, ~v ~OOD ""-.lAy
~~ ~..., CA. _=Sl"~"
FAx:J.E)o~)41.d~- 1SZ-1
DATE SIGNED:
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
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NON - COLLUSION AFFIDAVIT
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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 he/she has not, either directly or indit-ectly, entered into any agreement, participated in
any collusion, or otherwise taken action in restraint of free competitive bidding in
connection with RFQ F-07-34.
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~lc.e-~,-
Business Name
~"11o ~"'-'ooj) ~'-('
Business Address~ ~, CA .~ 1'"'3.'"
Signature of bidder x_r? ~ .A j ~
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A~ \-OC?tA
Place of Residence
\\
Subscribed and sworn before me this 2~ 71'1' day of /1",. '7
,2007
Notary Public in and for the County of ::M1l/ J:f4'''NMPJAJ 0 . State of California
~
My commission expires Lh.llV 77#
.20E.2
1----: ~- --
-8 ec.~~!-u f
I --.~fi;J
Ian~r": Coonv -
My c:an.n. ....../In 7,
------- - -
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