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HomeMy WebLinkAbout2008-350 I RESOLUTION NO.' 2008-350 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO (2) AGREEMENTS AND ISSUANCE OF PURCHASE ORDERS WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO LARRY JACINTO FARMING AND SCOTT TRACTOR SERVICE RELATING TO DISCING AND MOWING OF VACANT PROPERTIES FOR WEED ABATEMENT SERVICES. 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 SECTION 1. That Larry Jacinto Farming and Scott Tractor Service are the sources most qualified to perform the required discing, mowing and handwork of vacant properties for weed 11 abatement services. 12 SECTION 2, That the City Manager is hereby authorized to execute on behalf of the City of 13 San Bernardino, an agreement between said City and Larry Jacinto Farming, a copy of which is 14 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set 15 16 forth at length. SECTION 3. That the City Manager is hereby authorized to execute on behalf of the City of 17 San Bernardino, an agreement between said City and Scott Tractor Service, a copy of which is 18 attached hereto, marked Exhibit "B" and incorporated herein by reference as fully as though set 19 20 21 forth at length. SECTION 4. The Purchasing Manager is hereby authorized and directed to execute, on 22 23 24 behalf of said City, annual purchase orders to Larry Jacinto Farming and Scott Tractor Service for weed abatement services in the maximum amount of $65,000 for each vendor. The annual Purchase Order for each vendor shall reference this Resolution No. 2008- 36~ ,and shall each have a one (I) 25 year term with the option of three (3) one-year extensions at the City's sole discretion. All other 26 bids are hereby rejected. 27 SECTION 5. The authorization to execute the above-referenced purchase orders is rescinded 28 ifthe parties fail to execute the agreements within sixty (60) days ofthe passage of this resolution. 1 2008-350 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO (2) AGREEMENTS AND ISSUANCE OF PURCHASE ORDERS WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO LARRY JACINTO FARMING AND SCOTT TRACTOR SERVICE RELATING TO DlSCING AND MOWING OF VACANT PROPERTIES FOR WEED ABATEMENT SERVICES. 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on 19 The foregoing resolution is hereby approved this ~f.I/ _day of September ,2008. 20 21 22 23 Approved as to Form: 24 25 26 27 28 2 2008-350 ORIGINAL .' VENDOR SERVICES AGREEMENT This Vendor Services Agreement (the "Agreement") is entered into this.,.:)," day of September,2008, (the "Effective Date") by and between Larry Jacinto ("Vendor") and the City of San Bernardino ("City"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the discing, mowing and handwork relating to weed abatement on vacant lots throughout the City; and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for such services; and, WHEREAS, Vendor was the lowest and best bidder for the provision of such services; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, City hereby engages the services of Vendor to provide those services as set forth in RFQ F-08-27, attached hereto, marked Attachment "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. The total amount for services rendered under this Agreement shall not exceed $65,000. b. No other expenditures made by Vendor shall be reimbursed by City v 3. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue for a period of one (1) year unless previously terminated as provided herein. This Agreement may be extended for three (3) additional one (1) year extensions at the City's sole discretion. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, for any reason, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. I 2008-350 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was 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 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. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $ 1,000,000.00 combined single limit, and 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, 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 statueS, sexual gender or sexual orientation, or any other status protected by law. . 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 employees, and all business license, if any are required, in connection with the services to be performed hereunder. 2 2008-350 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 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: TO THE VENDOR: Director of Code Enforcement 20lB North "E" Street, Ste. 201 San Bernardino, CA 92401 Telephone: (909) 384-5205 Larry Jacinto Farming P.O. Box 275 Mentone, CA 92359 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 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 Bernardino, State of California or the U.S. District Court for the Central District of California, 3 2008-350 Riverside Division. The aforementioned choice of venue is intended by the parties to be 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 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the 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 w,ritten instrument executed by all parties to this Agreement. 11/ 11/ [SIGNATURE PAGE FOLLOWS] 4 2008-350 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 31'/ ,2008 LARRY JACINTO FARMING. rU qjJh CII By: Its: Dated 9/ f ' 2008 By: Approved as to Form: James F. Penman, City Attorney - t:?v--- , 5 2008-350 . A'l'TACIIHEIIT "In City of San Bernardino RFQ F-08-27 General Provisions and Specifications for Weed Abatement - Various Locations ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID DEFINITIONS: 1. "Director" means the Code Enforcement Director or his duly authorized representative. 2. "Department" means the City of San Bernardino Code Enforcement Department. 3. "Approved Disposal Site" means any San Bernardino County landfill, scrap metal dealer, or other licensed disposal facility; however, prior approval must be obtained from the Director before , any private disposal facility can be used. 4. "City" means the City of San Bernardino. 5. "Contractor" means the Contractor, its employees, agents or designees. TERMS OF CONTRACT: The term of this agreement (the "Agreement") shall be effective July 1, 2008 through June 30, 2009 plus (3) three single year extensions, on a year to year basis. In order to extend this Agreement, the City shall provide the Contractor written notice of its intent to extend the Agreement thirty (30) days prior to the end of the AlUeement Year. The Contractor alUees to 2008-350 provide the services described in the attached proposal for said additional periods, should the CITY give the required notice. Upon receipt of City's intent to extend the Agreement, Contractor may request in writing that the item prices established by this Agreement or any extension thereof, may be adjusted by an amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino All Urban Consumers Index. To determine the percentage increase or decrease, the term "previous twelve months" shall mean the twelve (12) month period ending June 30th of the then current year, or if not available, the prior month. 1. The City may utilize two or more Contractors for the services subject to this Agreement, which will be broken into zones as designated by the Director. 2. The Contractor or Contractors shall perform the work specified under the general direction of the Director. In general, work will consist of two (2) abatement seasons. SPECIAL TERMINOLOGY AND CONDITIONS: 1. Unit designation for discinl!. mowing and scraping: Class C - Single parcels up to and including one-half acre. Single parcels over one-half acre, up to and including one (I) acre. Single parcels over one (1) acre, up to and including ten (10) acres. Single parcels over ten (10) acres. One hundred (100) foot firebreaks on parcels over five (5) acres only when there are no structures on anyone of the four sides. , Class A - Class B - Class D - Class E - 2. Firebreaks: Class E - Some parcels will require only firebreaks to comply with the standards of the Department. When firebreaks are allowed, only the area disced will be billed. If the amount of acreage which has been disced is less than one (I) acre, the fee will be the bid price of Class B; if one (I) to ten (10) acres, Class C; if over ten (10) acres, Class D. 3. Partial Cleaning: Some parcels will require only partial cleaning. That area which is cleaned will be measUred and the applicable unit rate will apply. 4. Parcel Mans: The Department will provide the Contractor with 2008-350 weed abatement parcel maps. A list of parcels that could require cleaning, and the type of cleaning necessary. The maps remain the property of the Department and must be returned in good condition. . Replacement of damaged or maps not turned in will be charged to the Contractor. GENERAL CONDITIONS: 1 The Contractor and the agents and employees of the Contractor, in the perfonnance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2 The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any acts, duties, or obligations on the part of the Contractor, his agents, or employees, under this Agreement; nor for any materials or equipment used in perfonning the work, nor for injury or damage to any person or persons, either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance. 3 Contractor shall indemnify and save hannless the Department, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof. 4 The Contractor shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions warrant. S The Contractor shall promptly answer inquiries and complaints of the Department, of private property owners, or citizens, relative to , any work charges, damages or any other questions that may arise as a result of weed abatement operations by the Contractor. 6 The Contractor shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by the Contractor. Contractor will then follow up the phone call with a written statement to be submitted with the billing. When the Contractor, or responsible person is unavailable to rectify the situations, the Department shall make necessary arrangements to repair damaged or destroyed items if said damaged or destroyed items affect the health and/or well-being 'ofproperty owner or adjacent property owners. Contractor is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether the Contractor, Pronertv Owner, or City does renairs. 2008-350 7 The Contractor shall be fully infonned of and comply with all existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 8 The Director shall decide all questions which may arise as to the quality or acceptability of work perfonned, and as to the manner of perfonnance and mte of progress of the work and all questions which arise as to the interpretation of the specifications. All work perfonned by the Contractor shall be done to the satisfaction of the Director. 9 The unit of measurement for the Agreement work shall be the unit or parcel class as specified in the Agreement and bid. Payment for abating parcels of land will be made on the unit or parcel class basis per Agreement. 10 All equipment and tools shall be furnished, fully opemble, operated, and maintained by the Contractor. There will be no extra charge made to the Department for the same. All fuel, materials, supplies, etc., to perfonn the Agreement shall be furnished at no extra charge to the Department. Contractor shall have reserve equipment available within a twenty-four (24) period or a time set by the Director. 11 All tractors, regardless of size, shall be equipped with an approved spark arrestor and either a 2 1/2 gallon pressurized water-type fire extinguisher or a back-pack hand pump fire extinguisher with a minimum capacity offive (5) gallons. Department staffmay spot check tractors to ensure compliance. , 12 Before and after any parcel is abated, the Contractor shall take two (2) to four (4) clear and urecise Polaroid. 3Smm or di2ital dated uictures in color of the area which tractor and/or handwork is abated, demonstrating the need for abatement. Contractor shall furnish his own camera and film. Contractor is responsible for furnishing all pictures to the Department at its sole cost and expense. These pictures shall be taken immediately before and after abatement work is done and submitted to the Department, together with the billing for the work perfonned. if uictures do not show iustification for chaNe. payment will not be made. Each picture shall include the date picture was taken and the parcel number or numbers it represents. Each "after" picture shall be taken from the 2008-350 SAME location as the "before" picture showine: some common outstandine: landmark. 13 The Contractor shall formulate his billing invoice and submit it and the pictures to the Department within one (I) week of work completion on properties. The Department will expedite payments due, to the best of its ability within the framework of Policy. 14 The Department will deduct errors from future billing upon verification of Contractor error. Contractor will be provided an itemized statement describing the deductions. 15 The City reserves the right to make awards to the lowest responsible bidders or to reject all bids. Also the City reserves the right to terminate any or all contracts at any time, due to lack of work, rate of progress of work, or violations of this Agreement. 16 In the opinion of the Director, if the Contractor is not progressing at a satisfactory rate in work completion, the Director may terminate this Agreement and designate City crews or another City approved Contractor to complete the work. 17 All equipment shall be made available if the Department prior to award of contracts requests inspection. Unsatisfactory equipment may be rejected. All equipment designated for the City Agreement shall remain in that area until the work is completed. Equipment will be inspected prior to the starting date of the Agreement and will be subjected to Department spot checks during the season. 18 All trucks and trailers used for transportation of equipment must comply with California State Department of Motor Vehicle Regulations and the California Vehicle Code. , 19 The Contractor shall be responsible for meeting all provisions and/or regulations of the Occupational Health and Safety Act (O.S.HA). 20 The Contractor shall be responsible for compliance of all regulations established by the South Coast Air Quality Management District. Contractor will be liable for any citations and/or fmes issued by such agency. 21 Failure to meet equipment requirements may result in cancellation of Agreement by Director. 2008-350 LICENSES AND PERMITS: 1 The Contractor shall procure and keep in force during the term of this agreement any and all licenses and permits required by any Federal, State, or local laws or relrulations. INSURANCE: I The Contractor shall procure and maintain in force during the term of this agreement, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims arising in any manner out of Contractor's operations in a minimum amount of $1,000,000.00 for each person injured, $1,000,000.00 for anyone occurrence. Contractor shall provide to the City a certificate of insurance and an additional insured endorsement which provides: a. That the City is an additional insured on the Contractor's Liability insurance. b. The insurance company name, policy number, period of Coverage and the amount of coverage. c. That the City Clerk shall be notified at least thirty (30) days prior to any cancellation or material change in Contractor's coverage. d. That the Contractor's insurance shall be primary to any coverage the City mav have in effect. WOKERS' COMPENSATION: 1. The Contractor shall provide Workers' Compensation coverage , for all employees employed pursuant to this agreement. The Contractor shall provide to the City an insurance certificate evidencinl! such insurance. EOUIPMENT SPECIFICATION: 1. Tractors: The tractors used shall be of sufficient size and Horsepower (55 draw bar HP minimum) a. Disc: The discs shall be hydraulically controlled and of a pull-type to permit efficient turning either right or left, with not less than a maintained 20 inch diameter cutting type blade. Discs shall be not less than 8 feet wide and weighing at least 2,500. 2008-350 2. Mowers: Mowers shall be the flail or rotary type with a minimwn of 72 inches cutting swath. All-equipment shall be maintained in a safe manner. DETAILED PERFORMANCE SPECIFICATIONS: 1. Discinl!:: Parcels of land shall be disced whenever possible with an approved offset disc at a sufficient depth to place the weeds under the finished soil surface. All parcels, of (I) acre and under shall be disced twice in such manner as to eliminate all standing weeds completely, or as agreed. All firebreaks on parcels over five (5) acres shall be disced twice, or as agreed, to eliminate all standing weeds completely. If there are no improved sidewalk and/or parkway, that portion of the land usually designated as sidewalk and/or parkway is to be part of the lot parcel ofland and shall not be considered separately. All lots up to and including one (1) acre in area required to be clean of all weeds and debris and to be maintained in an acceptable condition. This includes parkways and the areas adjacent to fences and walls that may require hand cleaning. (All lots having an area greater than five (5) acres will require a one-hundred (100) foot firebreak around the perimeter, as a minimwn. 2 Mowinl!:: When, in the opinion of the Director, weed abatement by means of discing or harrowing is impractical, or may prove unsatisfactory, weeds shall be cut to within two (2) inches of the finiShed soil surface with an approved mechanical mower. Mowing shall only be done when so directed by the Director. The Director may also require the mowing of tumbleweeds, wherever practical, in place of discing. 3 Handwork: the cleaning of parkways, areas adjacent to curbs, , walls, buildings, trees and fences in disrepair or broken, or lots where tractor work is impractical due to size (too small), trees or trash, may require handwork. Contractor is to pick up all litter and garbage. Removal of all large objects, i.e. tires, furniture, etc. or major amounts of dwnping will be performed by Contractor with authorization from the Director. No handwork shall be performed and/or invoiced without advance written authorization the Director. No job requiring over three (4) hours of handwork time will be done without prior approval by the Director. ALL DIRT OR REFUSE DEPOSITED UPON PUBLIC 2008-350 SIDEWALKS, PRIVATE SIDEWALKS, CURBS AND GUTTERS RESULTING FROM THE CONTRACTOR'S OPERATIONS SHALL BE REMOVED BY CONTRACTOR AS THE WORK PROGRESSES AND MUST BE LEFT CLEAN AND SANITARY PRIOR TO CONTRACTOR LEAVING THE SITE. 4 Minimum Eauipment for Hand Cleaning Crew: a. Crews shall consist of two (2) workers. Crew enlargement may only occur with advance approval of the Director. b. Two (2) power weed cutters and two (2) power gas mowers. c. Hand tools and safety equipment as needed, rake, hoe, broom, etc. d. Trash removal truck(s) , e. Fire extinguisher or back-pack hand pump fire extinguisher QUANTITY OF WORKIMINIMUM OF EQUIPMENT: 1. The estimated quantities of work, indicated in this proposal are approximate, and taken from statistics, being given solely as a basis of comparison of bids. The City does not expressly nor by implication, agree that the actual amount of work will correspond and reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work as may be deemed necessary by the Director. ; 2. Contractors must be able to provide the prescribed minimums for equipment and operators. 3. No work shall be performed until authorized by the Director. 4. Equipment/Operators: 3 Tractors 3 Discs 3 Mowers 3 Operators 5. A minimum of five separate hand crews, equipment, and 2008-350 operators shall be maintained and available for assignment for City projects at all times during this Agreement. 6. Contractor must comply with 4 and 5 above, in order to bid for 50% of the work. If the Contractor intends to bid 100% of the work, the minimum equipment/operator 4 and 5 above, must be doubled in order to qualify. LOCAL VENDOR PREFERENCE: A five percent (5%) preference shall be granted to local vendors. A local vendor is defined as businesses and/or organizations which posses a, fixed office or distribution point with at least one owner or employee located within the City, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate. To qualify for the preference, local bidders must submit proof of the address of its principal place of business and a copy of their current City Business Tax Certificate. For the purpose of applying this order, the term "Contractual Services" shall be determined to include the following type of services. Contractual Services are: . Any service where the product of the service consists of intellectual property. For example, professional consultants, architects, landscape architects, engineering, environmental, land surveying, , construction project management, auditors, advisors, management consultants, financial consultants, and legal consultants. . Any service where the primary portion of the service consists of labor. For example: maintenance and repair of City vehicles, buildings, equipment, and property; service agreements, technical support. Services not included are: installation of equipment- when the cost is incidental to the price of the equipment, and installation is not classified as a "public works project." 2008-350 OUALIFICIATIONS. RELATED EXPERIENCE AND REFERENCES OF BIDDER: This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: I Provide a brief prof1le of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; I Describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: I Provide, as a minimum, three (3) written testimonials as reference from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. Bid prices must be valid for 120 days due to processing requirements. , 2008-350 ORIGINAL VENDOR SERVICES AGREEMENT This Vendor Services Agreement (the "Agreement") is entered into this ~~ay of September,2008, (the "Effective Date") by and between Scott Tractor Service ("Vendor") and the City of San Bernardino ("City"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the discing, mowing and handwork relating to weed abatement on vacant lots throughout the City; and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for such services; and, WHEREAS, Vendor was the lowest and best bidder for the provision of such services; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, City hereby engages the services of Vendor to provide those services as set forth in RFQ F-08-27, attached hereto, marked Attachment "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. The total amount for services rendered under this Agreement shall not exceed $65,000. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue for a period of one (1) year unless previously terminated as provided herein. This Agreement may be extended for three (3) additional one (1) year extensions at the City's sole discretion. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, for any reason, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 1 2008-350 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was 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 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. 4. 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 Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 5. NON-DISCRIMINATION. 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. 6. 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 employees, and all business license, if any are required, in connection with the services to be performed hereunder. 2 2008-350 7. 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 legally required of Vendor to practice its business or profession. 8. 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: TO THE VENDOR: Director of Code Enforcement 20lB North "E" Street, Ste. 201 San Bernardino, CA 92401 Telephone: (909) 384-5205 Scott Tractor Service 5128 EI Rivino Road P.O. Box 478 Bloomington, CA 92316-0478 9. 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 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. 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. 11. 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 Bernardino, State of California or the U.S. District Court for the Central District of California, 3 2008-350 Riverside Division. The aforementioned choice of venue IS intended by the parties to be mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. 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. 14. 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. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. . 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 \\;ritten instrument executed by all parties to this Agreement. 11/ 11/ [SIGNATURE PAGE FOLLOWS] 4 2008-350 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: <1- 'f . ,2008 SCOTT TRACTOR SERVICE. J:t! B y';;f;t. l Its. Dated ?,,9" By: N ERNARDINO ,2008 Approved as to Form: James F. Penman, City Attorney , 5 2008-350 . A'l'TACIDIIllIlT "In . City of San Bernardino RFQ F-08-27 General Proyisions and Specifications for Weed Abatement - Various Locations ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size andlor make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT BAND COLUMN WILL INVALIDATE BID DEFINITIONS: 1. "Director" means the Code Enforcement Director or his duly authorized representative. 2. "Department" means the City of San Bernardino Code Enforcement Department. 3. "Approved Disposal Site" means any San Bernardino County landfill, scmp metal dealer, or other licensed disposal facility; however, prior approval must be obtained from the Director before any private disposal facility can be used. 4. "City" means the City of San Bernardino. 5. "Contractor" means the Contractor, its employees, agents or designees. , TERMS OF CONTRACT: The term of this agreement (the "Agreement") shall be effective July 1, 2008 through June 30, 2009 plus (3) three single year extensions, on a year to year basis. In order to extend this Agreement, the City shall provide the Contractor written notice of its intent to extend the Agreement thirty (30) days rior to the end of the A eement ear. The Contractor a s to 2008-350 provide the services described in the attached proposal for said additional periods, should the CITY give the required notice. Upon receipt of City's intent to extend the Agreement, Contractor may request in writing that the item prices established by this Agreement or any extension thereof, may be adjusted by an amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino All Urban Conswners Index. To detennine the percentage increase or decrease, the tenn "previous twelve months" shall mean the twelve (12) month period ending June 30th of the then current year, or if not available, the prior month. I. The City may utilize two or more Contractors for the services subject to this Agreement, which will be broken into zones as designated by the Director. 2. The Contractor or Contractors shall perfonn the work specified under the general direction of the Director. In general, work will consist of two (2) abatement seasons. SPECIAL TERMINOLOGY AND CONDITIONS: I. Unit desilmation for discimz. mowinlZ and scraoinlZ: Class C - Single parcels up to and including one-half acre. Single parcels over one-half acre, up to and including one (1) acre. Single parcels over one (I) acre, up to and including ten (10) acres. Single parcels over ten (10) acres. One hundred (100) foot firebreaks on parcels over five (5) acres only when there are no structures on anyone of the four sides. , Class A - Class B - Class D - Class E - 2. Firebreaks: Class E - Some parcels will require only firebreaks to comply with the standards of the Department. When firebreaks are allowed, only the area disced will be billed. If the amount of acreage which has been disced is less than one (1) acre, the fee will be the bid price of Class B; if one (I) to ten (10) acres, Class C; if over ten (10) acres, Class D. 3. Partial Cleanim/:: Some parcels will require only partial cleaning. That area which is cleaned will be measured and the applicable unit rate will apply. 4. Parcel Mans: The Deoartment will orovide the Contractor with 2008-350 weed abatement parcel maps. A list of parcels that could require cleaning, and the type of cleaning necessary. The maps remain the property of the Department and must be returned in good condition. Replacement of damaged or maps not turned in will be charged to the Contractor. GENERAL CONDmONS: I The Contractor and the agents and employees of the Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2 The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any~, duties, or obligations on the part of the Contractor, his agents, or employees, under this Agreement; nor for any materials or equipment used in performing the work, nor for injury or damage to any person or persons, either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance. 3 Contractor shall indemnify and save harmless the Department, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof. 4 The Contractor shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions warrant. 5 The Contractor shall promptly answer inquiries and complaints of the Department, of private property owners, or citizens, relative to , any work charges, damages or any other questions that may arise as a result of weed abatement operations by the Contractor. 6 The Contractor shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by the Contractor. Contractor will then follow up the phone call with a written statement to be submitted with the billing. When the Contractor, or responsible person is unavailable to rectify the situations, the Department shall make necessary arrangements to repair damaged or destroyed items if said, damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Contractor is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether the Contractor, Prooerty Owner, or City does l'e1)airs. 2008-350 7 The Contractor shall be fully informed of and comply with all existing and future State and/or Federa11aws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 8 The Director shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work performed by the Contractor shall be done to the satisfaction of the Dir~tor. 9 The unit of measurement for the Agreement work shall be the unit or parcel class as specified in the Agreement and bid. Payment for abating parcels of land will be made on the unit or parcel class basis per Agreement. 10 All equipment and tools shall be furnished, fully operable, operated, and maintained by the Contractor. There will be no extra charge made to the Department for the same. All fuel, materials, supplies, etc., to perform the Agreement shall be furnished at no extra charge to the Department. Contractor shall have reserve equipment available within a twenty-four (24) period or a time set by the Director. 11 All tractors, regardless of size, shall be equipped with an approved spark arrestor and either a 2 1/2 gallon pressurized water-type fire extinguisher or a back-pack hand pump fire extinguisher with a minimum capacity offive (5) gallons. Department staffmay spot check tractors to ensure compliance. , 12 Before and after any parcel is abated, the Contractor shall take two (2) to four (4) clear and precise Polaroid. 35mm or ditrltal dated pictures in color of the area which tractor and/or handwork is abated, demonstrating the need for abatement. Contractor shall furnish his own camera and film. Contractor is responsible for furnishing all pictures to the Department at its sole cost and expense. These pictures shall be taken immediately before and after abatement work is done and submitted to the Department, together with the billing for the work performed. If pictures do not show iustification for chaNe, payment will not be made. Each picture shall include the date picture was taken and the parcel number or numbers it represents. Each "after" Dicture shall be taken from the 2008-350 SAME location as the "before" picture showinl!: some common ontstandinlllanclmark. 13 The Contractor shall formulate his billing invoice and submit it and the pictures to the Department within one (I) week of work completion on properties. The Department will expedite payments due, to the best of its ability within the framework of Policy. 14 The Deparbnent will deduct errors from future billing upon verification of Contractor error. Contractor will be provided an itemized statement describing the deductions. 15 The City reserves the right to make awards to the lowest resDonsible bidders or to reject all bids. Also the City reserves the right JO terminate any or all contracts at any time, due to lack of work, rate of progress of work, or violations of this Agreement. 16 In the opinion of the Director, if the Contractor is not progressing at a satisfactory rate in work completion, the Director may terminate this Agreement and designate City crews or another City approved Contractor to complete the work. 17 All equipment shall be made available if the Department prior to award of contracts requests inspection. Unsatisfactory equipment may be rejected. All equipment designated for the City Agreement shall remain in that area until the work is completed. Equipment will be inspected prior to the starting date of the Agreement and will be subjected to Department spot checks during the season. 18 All trucks and trailers used for transportation of equipment must comply with California State Department of Motor Vehicle Regulations and the California Vehicle Code. , 19 The Contractor shall be responsible for meeting all provisions and/or regulations of the Occupational Health and Safety Act (O.S.HA). 20 The Contractor shall be responsible for compliance of all regulations establiShed by the South Coast Air Quality Management District. Contractor will be liable for any citations and/or fines issued by such agency. 21 Failure to meet equipment requirements may result in cancellation of Agreement by Director. . 2008-350 LICENSES AND PERMITS: 1 The Contractor shall procure and keep in force during the tenn of this agreement any and all licenses and permits required by any Federal, State, or local laws or regulations. INSURANCE: 1 The Contractor shall procure and maintain in force during the term of this agreement, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims arising in any manner out of Contractor's operations in a minimum amount ofSl,ooO,ooO.OO for each person injured, $1,000,000.00 for anyone occurrence. Contractor shall provide to the City a certificate of insurance and an additional insured endorsement which provides: a That the City is an additional insured on the Contractor's Liability insurance. b. The insurance company name, policy number, period of Coverage and the amount of coverage. c. That the City Clerk shall be notified at least thirty (30) days prior to any cancellation or material change in Contractor's coverage. d. That the Contractor's insurance shall be primary to any covera2e the City may have in effect. WOKERS' COMPENSATION: . I. The Contractor shall provide Workers' Compensation coverage for all employees employed pursuant to this agreement. The Contractor shall provide to the City an insurance certificate evidencin2 such insurance. EOUlPMENT SPECIFICATION: 1. Tractors: The tractors used shall be of sufficient size and Horsepower (55 draw bar HP minimum) a. Disc: The discs shall be hydraulically controlled and of a pull-type to permit efficient tu,ming either right or left, with not less than a maintained 20 inch diameter cutting type blade. Discs shall be not less than 8 feet wide and weighing at least 2,500. 2008-350 2. Mowers: Mowers shall be the flail or rotary type with a . minimwn of72 inches cutting swath. All-equipment shall be maintained in a safe manner. DETAILED PERFORMANCE SPECIFICATIONS: I. Discinl!: Parcels ofland shall be disced whenever possible with an approved offset disc at a sufficient depth to place the weeds under the finished soil surface. All parcels, of (I) acre and under shall be disced twice in such manner as to eliminate all standing weeds completely, or as agreed. All firebreaks on parcels over five (5) acres shall be disced twice, or as agreed, to eliminate all standing weeds completely. If there are no improved sidewalk and/or parkway, that portion of the land . usually designated as sidewalk and/or parkway is to be part of the lot parcel ofland and shall not be considered separately. All lots up to and including one (I) acre in area required to be clean of all weeds and debris and to be maintained in an acceptable condition. This includes parkways and the areas adjacent to fences and walls that may require hand cleaning. (All lots having an area greater than five (5) acres will require a one-hundred (100) foot firebreak around the perimeter, as a minimwn. 2 Mowinl!: When, in the opinion of the Director, weed abatement by means of discing or harrowing is impractical, or may prove unsatisfactory, weeds shall be cut to within two (2) inches of the finished soil surface with an approved mechanical mower. Mowing shall only be done when so directed by the Director. The Director may also require the mowing of tumbleweeds, wherever practical, in place of discing. . 3 Handwork: the cleaning of parkways, areas adjacent to curbs, walls, buildings, trees and fences in disrepair or broken, or lots where tractor work is impraCtical due to size (too small), trees or trash, may require handwork. Contractor is to pick up all litter and garbage. Removal of all large objects, Le. tires, furniture, etc. or major amounts of dwnping will be performed by Contractor with authorization from the Director. No handwork shall be performed and/or invoiced without advance written authorization the Director. No job requiring over three (4) hours of handwork time will be done without prior approval by the Director. ALL DIRT OR REFUSE DEPOSITED UPON PUBLIC 2008-350 SIDEWALKS, PRIVATE SIDEWALKS, CURBS AND GUTfERS RESULTING FROM THE CONTRACTOR'S OPERATIONS SHALL BE REMOVED BY CONTRACTOR AS THE WORK PROGRESSES AND MUST BE LEFT CLEAN AND SANITARY PRIOR TO CONTRACTOR LEAVING THE SITE. 4 Minimum Eauioment for Hand Cleanim! Crew: a. Crews shall consist of two (2) workers. Crew enlargement may only occur with advance approval of the Director. b. Two (2) power weed cutters and two (2) power gas mowers. c. Hand tools and safety equipment as needed, rake, hoe, broom, etc. d. Trash removal truck(s) , e. Fire extinguisher or back-pack hand pump fire extinguisher OUANTITY OF WORKIMINIMUM OF EQUIPMENT: 1. The estimated quantities of work, indicated in this proposal are approximate, and taken from statistics, being given solely as a basis of comparison of bids. The City does not expressly nor by implication, agree that the actual amount of work will correspond and reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work as may , be deemed necessary by the Director. 2. Contractors must be able to provide the prescribed minimums for equipment and operators. 3. No work shall be performed until authorized by the Director. 4. Equipment/Operators: 3 Tractors 3 Discs 3 Mowers 3 Operators 5. A minimum of five separate hand crews, eauipment, and 2008-350 operators shall be maintained and available for assignment for City projects at all times during this Agreement. 6. Contractor must comply with 4 and 5 above, in order to bid for 50% of the work. If the Contractor intends to bid 100",1, of the work, the minimum equipment/operator 4 and 5 above, must be doubled in order to qualify. LOCAL VENDOR PREFERENCE: A five percent (5%) preference shall be granted to local vendors. A local vendor is defined as businesses and/or organizations which posses a fixed office or distribution point with at least one owner or employee located within the City, and possessing all valid and current pennits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate. To qualify for the preference, local bidders must submit proof of the address of its principal place of business and a copy of their current City Business Tax Certificate. For the purpose of applying this order, the term "Contractual Services" shall be detennined to include the following type of services. Contractual Services are: . Any service where the product of the service consists of intellectual property. For example, professional consultants, architects, landscape architects, engineering, environmental, land surveying, . construction project management, auditors, advisors, management consultants, financial consultants, and legal consultants. . Any service where the primary portion of the service consists of labor. For example: maintenance and repair of City vehicles, buildings, equipment, and property; service agreements, technical support. Services not included are: installation of equipment- when the cost is incidental to the price of the equipment, and installation is not classified as a "public works project." 2008-350 9UALIFICIATIONS. RELATED EXPERIENCE AND REFERENCES OF BIDDER: This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar natw'e; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: . Provide a brief profile of the fmn, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; . Describe the firm's experience in performing work of a similar natw'e to that solicited in this RFQ: 11 Provide, as a minimum, three (3) written testimonials as reference from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. Bid prices must be valid for 120 days due to processing requirements. ,