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CITY OF SAN BERNCRDINO - REQUEST IO\N~obi-~it ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Dept:
Public Works/Engineering
Resolution Auth. & Directing
Dir. of Pub. Wrks. to award
landscape maint. contract upon
default of existing Contractor
& establish a policy.
Date:
November 1, 1994
Synopsis of Previous Council action:
NONE
Juil~!, ''''F.~-'lCi,
I:GV 9<.10: 34
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance
Jim Penman, City Attorney
c;~~
Contact person: VQrn,::ll N:tnQ:lll
Phone: ~R~-~n?~
Supporting data attached: ~hff R"pnr~
Ward: 1.?~.~.~.~.7
FUNDING REOUIREMENTS:
Amount:
NONE
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
A___---'_ .~_
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CITY OF SAN BERNACPINO-
REQUEST Foq COUNCIL ACTION
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STAFF REPORT
The City presently has awarded nine (9) separate contracts for the
maintenance of landscaping which represents nineteen (19) landscape
maintenance Assessment Districts. Procedures for the Director of Public
Works/Ci ty Engineer to terminate the contracts in case of defaul t on the
part of the Contractor after a total of thirty (30) days advance notice are
set forth in the individual contracts.
We are, however, faced with the problem of what happens to the landscaping
during the termination proceedings and the required time for re-advertising
for new bids for such maintenance which could take up to two/three months.
In the summer time especially, this could be disastrous for the landscaping
which could create a tremendous additional cost to the owners within the
Districts for replacement of the landscaping.
To eliminate such a situation, and in anticipation of the possible
termination of any of the existing contracts due to default on the part of
the existing Contractor, we are requesting that the Director of Public Works
be authorized and directed to immediately, upon termination of an existing
contract, award administratively a contract to the next lowest responsible
bidder as received in the last open bid process for that given contract for
the remaining term contained therein at a negotiated price not to exceed
his/her bid price.
This would allow continuous maintenance within any given District contract
which may go default without losing or damaging the landscaping. The cost of
the new contract would then be used, as prorated, for assessment purposes.
Notification of such termination and award would be presented to the Mayor
and Common Council at their next available meeting in the form of an
Informational Staff Report for receipt and filing.
To eliminate any disparity which may arise during the bid process for the
assessment district landscape maintenance contracts, an established policy
should be implemented to declare any Contractor who's contract has been
terminated by the City to be declared as "not-responsible" and not be
allowed to bid on any assessment district landscape maintenance contract for
a period of three (3) years.
This policy would be placed in each contract and would make the Contractors
aware that the City is serious about its landscape maintenance and put the
Contractor on alert that if he/she does not perform, that the contract will
be terminated and that they would be barred from bidding for the three year
period. We should then receive bids from only responsible bidders who fully
intend to fulfill their contract.
It is the recommendation of this Department that the Resolution be adopted.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ADMINISTRATIVELY AWARD A LANDSCAPE
MAINTENANCE CONTRACT TO THE NEXT LOWEST RESPONSIBLE BIDDER IN CASE OF DEFAULT
ON THE PART OF AN EXISTING LANDSCAPE CONTRACTOR AND ESTABLISHING A POLICY
RELATIVE TO TERMINATED CONTRACTORS.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an
exercise of its municipal affairs powers has enacted an Assessment District
Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the
formation of assessment districts within the City; and
WHEREAS, the City has formed and will be forming landscape
maintenance assessment districts within the City and has and will be awarding
contracts to outside Contractors for the maintenance of said landscaping; and
WHEREAS, as a precaution against damaging or losing said landscaping
due to lack of said maintenance because of default on the part of the awarded
Contractor and the time necessary to readvertise for new bids, the City
wishes to create a procedure to provide for the continuous maintenance of
said landscaping; and
WHEREAS, it is the policy of the City of San Bernardino to maintain
the landscaped areas within assessment districts in a high quality fashion
with a balance as to the economic impact. The citizens of San Bernardino who
pay landscape maintenance assessments are entitled to receive quality
services for these assessments; and
WHEREAS, a process to identify and correct deficiencies in the
landscape maintenance service provided by the landscape maintenance
Contractors has been developed and is spelled out in the individual
assessment district contracts; and
11-01-94
RESOLUTION AUTH. DIR. OF PUBLIC WRKS. TO AWARD CONTRACT & EST. POLICY
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WHEREAS, to facilitate said high quality and economic balance, it is
necessary for the Mayor and Common Council to institute a policy relative to
assessment district Contractors who's contracts have been terminated by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
SECTION 1. The Director of Public Works/City Engineer is hereby
authorized and directed to administratively award a landscape maintenance
contract to the next lowest responsible bidder as received on the last open
bid procedure for the area involved at a negotiated price not to exceed
his/her bid price upon default of the existing Contractor to perform.
SECTION 2. The new contract shall be for the same area as the
defaulted contract and shall be awarded for the remaining term of the
original contract and at the prorated costs of the new contract for the
remaining term.
SECTION 3. The Director of Public Works/City Engineer shall bring
notice of such default and award to the next available meeting of the Mayor
and Common Council in the form of an Informational Staff Report with a motion
that the report be received and filed.
SECTION 4. It is the policy of the Mayor and Common Council of the
City of San Bernardino that any assessment district landscape Contractor who
has their contract terminated by the City for non-performance shall be deemed
a "not-responsible" bidder for a period of three years following the date of
termination and will not be allowed to submit a bid for any other assessment
district landscape maintenance contract during that period.
1-01-94
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RESOLUTION ALTH. DIR.
I"'"
....
OF PUBLIC w~. TO AWARD CONTRACT & EST. POLICY
'~" ,
SECTION 5. Notice of this policy is hereby directed to be included
in each and every assessment district landscape maintenance contract and
advise all potential bidders thereof.
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
, 1994, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSENT
ABSTAIN
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day of
. 1994.
Tall Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
11-01-94
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