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HomeMy WebLinkAbout12- Parks, Recreation & Community Services ORI �UItiAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Dept: Parks, Recreation& Community execution of an Agreement and issuance of a Services Department Purchase Order in the amount of$70,600 with three(3)one-year extensions at the City's option between the City of San Bernardino and Date: December 7, 2009 Inland Empire Landscape, Inc. for landscape maintenance services as needed throughout the Citv of San Bernardino. Ml/CC Meeting Date: December 21, 2009 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. Si ur Contact person: Robert Lennox Phone: 3845031 Supporting data attached Staff Report. Resolution, Vendor Service Agreement and Attachment`1'and "2' Ward: ALL FUNDING REQUIREMENTS: Amount: $70,600 Source: $10,000 (133-461-5506) $10,000 (106-441-5506) $18,600 (001-382-5506) $33,000 (001-382-5505) Finance: Council Notes: 11ke-VIOUSiLy *15 1Z-2-1 - 09 /(® 1- 4f -2-0x10 Agenda Item No. /� i f i I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $70,600 with three (3) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. Background: The Parks, Recreation and Community Services Department, Parks Division is responsible for maintaining more than 550 acres of green space citywide. The goal of the Parks Division is to keep all city-owned and maintained areas in working and presentable condition for residential passive and active recreation. The Department utilizes City crews and supplemental volunteer services to handle all park maintenance. In February 2009, the Mayor and Common Council authorized the transfer of twelve Park Maintenance Workers to the maintenance of Assessment Districts as a budget saving strategy. That left twelve remaining staff with volunteers to complete the same volume of maintenance in all city parkland areas. Despite the excellent work of the park maintenance staff, as part of this strategy, the Department anticipated the need for both extensive volunteer and supplemental (contract) maintenance in order to address the significant increase in maintenance workload, while maintaining the requisite budget savings. On November 14, 2009 a formal bid process was initiated to solicit bids for supplemental as needed landscape maintenance services. Notices of bids were mailed to the Chamber of Commerce and eleven (11) vendors. The bid documents requested labor rates for typical landscape maintenance services such as costs per hour for irrigation repair, masonry, mowing, and weed abatement, but did not guarantee a total amount of work. The vendor, business location, and landscape maintenance services prices are listed below: Vendor Location Maintenance Services Cost (total/hour) Inland Empire Landscape Unincorporated $ 201.00 Master Westminister $ 278.00 Ability Counts Corona $ 147.50 Marina Anaheim $ 355.50 Pinnacle Santa Ana $ 212.00 Midon Santa Ana $ 409.75 Service-Scape Unincorporated $ 183.50 Orozco Pomona $1,045.00 Rancho Verde Redlands $ 701.00 Mariposa Irwindale $ 873.00 DLS Redlands $ 362.15 C&D San Bernardino NO BID A complete bid summary sheet is attached (See Attachment "2°). Following a full evaluation of all submittals, which included local vendor consideration and any previous experience (pro/con) with the City/Department: Inland Empire Landscape, Inc. is determined to have submitted the -it-Ico I-H-20(0 New SnfaffReporf lowest responsible bid. Staff recommends that Council authorize the execution of an agreement and purchase order in the amount of $70,600 to Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. Financial Impact: As part of the budget savings proposal, funds were set aside/budgeted for supplemental maintenance needs in the following FY 09-10 contract services accounts: Account No. $10,000 (133-461-5506), $10,000 (106-441-5506), $18,600 (001-382-5506), $33,000 (001-382-5505). Recommendation: Adopt Resolution. 01/04/2010, Item No. 16 Item History Backup distributed on 12/21/09, Item No. 15 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $70,600 with three (3) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. Background: The Parks, Recreation and Community Services Department, Parks Division is responsible for maintaining more than 550 acres of green space citywide. The goal of the Parks Division is to keep all city-owned and maintained areas in working and presentable condition for residential passive and active recreation. The Department utilizes City crews and supplemental volunteer services to handle all park maintenance. In February 2009, the Mayor and Common Council authorized the transfer of twelve Park Maintenance Workers to the maintenance of Assessment Districts as a budget saving strategy. That left twelve remaining staff with volunteers to complete the same volume of maintenance in all city parkland areas. Despite the excellent work of the park maintenance staff, as part of this strategy, the Department anticipated the need for both extensive volunteer and supplemental (contract) maintenance in order to address the significant increase in maintenance workload, while maintaining the requisite budget savings. On November 14, 2009 a formal bid process was initiated to solicit bids for supplemental as needed landscape maintenance services. Notices of bids were mailed to the Chamber of Commerce and eleven (11) vendors. The bid documents requested labor rates for typical landscape maintenance services such as costs per hour for irrigation repair, masonry, mowing, and weed abatement, but did not guarantee a total amount of work. The vendor, business location, and landscape maintenance services prices are listed below: Vendor Location Maintenance Services Cost (total/hour) Inland Empire Landscape San Bernardino Co. $ 190.95 Master Westminister $ 278.00 Ability Counts Corona $ 147.50 Marina Anaheim $ 355.50 Pinnacle Santa Ana $ 212.00 Midori Santa Ana $ 409.75 Service Scape Alta Loma $ 174.33 Orozco Pomona $1,045.00 Rancho Verde Redlands $ 701.00 Mariposa Iwindale $ 873.00 DLS Redlands $ 362.15 C&D San Bernardino NO BID A complete bid summary sheet is attached (See Attachment "2"). Following a full evaluation of all submittals, which included local vendor consideration and any previous experience (pro/con) with the City/Department: Inland Empire Landscape, Inc. is determined to have submitted the I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $70,600 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 4 SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE,INC.FOR SUPPLEMENTAL AS NEEDED LANDSCAPE MAINTENANCE SERVICES THROUGHOUT THE CITY OF 5 SAN BERNARDINO. 6 WHEREAS,Inland Empire Landscape,Inc. is the lowest and most responsible bidder for 7 supplemental, as needed landscape maintenance services per San Bernardino Municipal Code 8 Section 3.04.070(f) and RFQ-F-10-06; and 9 WHEREAS, the term of the Agreement shall be from December 21, 2009 through 10 June 30, 2010, with two (2) one-year extensions at the City's option. I 1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 12 SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 14 execute on behalf of said City an Agreement between the City of San Bernardino and Inland 15 Empire Landscape, Inc., a copy of which is attached hereto, marked as Exhibit "A", and 16 incorporated herein by this reference as fully as though set forth at length. 17 SECTION 2. That pursuant to this determination,the Director of Finance or her designee 18 is hereby authorized to issue a purchase order to Inland Empire Landscape, Inc. in the amount of 19 $70,600 for FY 09-10. 20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall read, 21 "Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services 22 throughout the City of San Bernardino, amount not to exceed$70,600" and shall incorporate the 23 terms and conditions of the agreement. 24 25 26 27 28 /// 1 SECTION 4. The authorization to execute the above referenced Purchase Order 2 and Agreement is rescinded if it is not executed by both parties within sixty(60) days of 3 the passage of this resolution. 4 /// 5 6 7 8 9 10 /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN 2 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $70,600 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S 3 OPTION BETWEEN THE CITY OF SAN BERNARDINO AND INLAND 4 EMPIRE LANDSCAPE, INC. FOR SUPPLEMENTAL AS NEEDED LANDSCAPE MAINTENANCE SERVICES THROUGHOUT THE CITY OF 5 SAN BERNARDINO. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting 8 thereof, held on the day of 2009, by the following vote, 9 to wit: 10 it Council Members: AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 BAXTER 14 BRINKER _ 15 SHORETT 16 KELLEY 17 JOHNSON MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2009. 22 Patrick J. Morris, Mayor 23 City of San Bernardino Apprtj:'Fo rth: 24 25 By: rty es . Penman 26 Attorney 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 21" day of December 2009, by and between Inland Empire Landscape, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for supplemental as needed landscape maintenance services; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for supplemental as needed maintenance services per RFQ F-10-06; and, WHEREAS, Vendor is the lowest and best bidder to provide said services to City; 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 products and services as set forth in Bid Specifications No. RFQ F- 10-06, for supplemental as needed landscape maintenance services, attached hereto as Attachment "1" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid summary sheet and price form for vendor attached hereto as Attachment "2" and made a part hereof, an amount not to exceed $70,600, for supplemental as needed landscape maintenance services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" 1 3. TERM; TERMINATION. The term of this agreement shall be from December 21, 2009 through June 30, 2010, with two (2) one-year extensions, on the same terms and at the same rate of compensation, at the City's option. Option year one, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the agreement. 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 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 service 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 2 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 conditions, marital status, 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 Exhibit"A" 3 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks, Recreations and Community Services Director 1350 South"E" Street San Bernardino, CA 92408 Telephone: (909) 384-5233 TO THE VENDOR: Inland Empire Landscape, Inc. 2456 Kern Street San Bernardino, CA 92407 Telephone: (909) 473-9066 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. Exhibit "A" 4 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, 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. Exhibit "A" 5 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. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. 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. Exhibit"A" 6 VENDOR SERVICE AGREEMENT INLAND EMPIRE LANDSCAPE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2009 Inland Empire Landscape, Inc. By: Dated 2009 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager Approved as to Form: By: James F. Penman, City Attorney 1 Exhibit"A" 7 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 21" day of December 2009, by and between Inland Empire Landscape, Inc. ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for supplemental as needed landscape maintenance services; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for supplemental as needed maintenance services per RFQ F-10-06; and, WHEREAS,Vendor is the lowest and best bidder to provide said services to City; 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 products and services as set forth in Bid Specifications No. RFQ F- 10-06, for supplemental as needed landscape maintenance services, attached hereto as Attachment"1" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid summary sheet and price form for vendor attached hereto as Attachment "2" and made a part hereof, an amount not to exceed $70,600, for supplemental as needed landscape maintenance services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 1 I 3. TERM; TERMINATION. The term of this agreement shall be from December 21, 2009 through June 30, 2010, with two (2) one-year extensions, on the same terms and at the same rate of compensation, at the City's option. Option year one, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the agreement. 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 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 service 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 par[ 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 2 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 III 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 conditions, marital status, 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 3 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: Parks, Recreations and Community Services Director 1350 South"E" Street San Bernardino, CA 92408 Telephone: (909) 384-5233 TO THE VENDOR: Inland Empire Landscape, Inc. 2456 Kern Street San Bernardino, CA 92407 Telephone: (909)473-9066 1 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, i' including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of i 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 i office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 4 i 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, 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. 5 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. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. 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. 6 VENDOR SERVICE AGREEMENT INLAND EMPIRE LANDSCAPE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12009 Inland Empire Landscape, Inc. By: Dated 2009 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager Approved as to Form: By: James r. Penmidn, City Attorney 1 7 i a a i 3 1 I i d i 1 7 RFQ F-10-06 Supplemental Landscape Maint&Irrigation City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-10-06 MAINTENANCE OF LANDSCAPE & IRRIGATION FOR CITY OWNED PARK SPACE, COMMUNITY BEAUTIFICATION AREAS, AND LANDSCAPE MAINTENANCE DISTRICTS, AS NEEDED 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 in left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID DESCRIPTION ACCEPTABLE / AS SPECIFIED 1. SCOPE It is the intent of these Technical Specifications that the maintenance of landscaping and irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry as determined by the Director of Parks, Recreation and Community Services or his designee. The work to be performed consists, in general, of the following: A. Complete landscape maintenance of all contract areas to include litter removal, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; fertilization; weed control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all other maintenance required to maintain the contract area in a safe, 13 �TTf7CNM�NT '1 r RFQ F-10-06 Supplemental Landscape Maint R Irrigation attractive and useable condition. All other areas, such as sidewalks, curbs, gutter, expansion joints, median hardscape, within the contract defined areas, shall be kept free of weeds, litter and debris as per the maintenance schedule. 2. TERM OF CONTRACT: The annual landscape maintenance contract will be for the period of November 1, 2009 through June 30, 2010. The contract term is for one year, with the option of two additional years contingent upon agreement by the contractor and the Director of Parks, Recreation and Community Services. 3. TIME OF COMPLETION: The contractor shall diligently prosecute the work for the term of the contract, except as otherwise specifically provided. Time is of the essence of each provision of this agreement, which specifies a time within which performance is to occur. In the absence of any specified time for performance, performance shall be made within a reasonable time. 4. SOUND CONTROL EQUIPMENT The contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive noises. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without a muffler. Noise level requirements shall apply to all equipment on the job or related to the job, including, but not limited to trucks, mowers, weed eaters, blowers and edgers. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 14 RFQ F-10-06 Supplemental Landscape Maint&Irrigation 5. PAYMENT OF WAGE RATE: The contractor will be required to adhere to the State of California Department of Industrial Relations for payment of per diem wages for each workmen needed in execution of this contract. The minimum wage shall be that which is determined by the State Department of Industrial Relations. The City shall have the right to interview any workman on the project site in order to verify payment of wages. Contractor shall provide documentation of correct wage payment. Contractor will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or undertake self-insurance before commencing any of the work. 6. PAYMENTS: Contractor shall submit all invoices to the Parks, Recreation and Community Services Department. Payment will be made to the contractor in arrears on a net 30-day basis. The first payment may be pro-rated in accordance with the actual portion of work completed. Invoices shall be hand delivered to the Park Projects Supervisor at the last weekly evaluation meeting of the month. Contractor shall submit all approved invoices for the current month to be paid. Any invoices submitted after the current billing cycle (late payment) will not be honored or paid by the City. Any required maintenance, which is not performed at its required interval, shall result in a reduction in that month's compensation. 7. PROJECT APPEARANCE: Contractor shall maintain a neat appearance to the work. All employees shall be properly uniformed to identify landscape company. This uniform shall be approved by the City. In any area visible to the public, the following shall apply: 15 RFQ F-10-06 Supplemental Landscape Maint&Irrigation Debris developed during regular maintenance operations shall be disposed of to an approved disposal site. If stockpiling is necessary, the material shall be removed or disposed of daily. Full compensation for conforming to these requirements shall be considered as included in the prices paid for the various contract items and no additional compensation shall be allowed. It shall be the contractor's responsibility to inspect, identify and correct any condition(s) that render any area unsafe or hazardous, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires correction. 8. CONTRACTOR NON-COMPLIANCE: The Director of Parks, Recreation and Community Services shall have complete control of the supervision and performance elements of the maintenance contract. The Park Projects Supervisor or designee shall be responsible for inspecting contractor's performance. The contractor shall be notified of any non- conformance contract item and shall have 24-hours to respond to bring any discrepancy up to contract standards. If after 24 hours the problem has not been rectified, the Director or designee may exercise the following measures (Not withstanding the immediate first two sentences of this paragraph, if the non-conformance contract item involves a weekly task, notification to contractor may be dispensed with by the Park Projects Supervisor or designee and the following measures may immediately be pursued): 1. Deduct from the contractor's payment the amount necessary to correct the deficiency. 2. Withhold the entire or partial payment. 3. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the contractor's payment the total cost, including City 16 RFQ F-10-06 Supplemental Landscape Maint&Irrigation overhead. 4. Deduct liquidated damages. A. Since it is extremely difficult to set a price on the extent of actual damages which result from failure to correct a deficiency within a stated time frame; a reasonable estimate of such damages shall be set at $100 per day, or portion thereof, for each deficiency which exceeds the stated time frame. B. This amount shall be deducted from the contractor's payment. The action above shall not be construed as a penalty, but as an adjustment of payment to the contractor to recover City of San Bernardino costs due to failure of contractor to complete or comply with the provisions of this agreement. The Director shall decide all questions which arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. Contractor to be notified via certified mail. This money is non-refundable and the contractor cannot bill for this work. The City may withhold payment to such extent as may be necessary to protect the City from loss due to: • Work required in the specifications, which is defective, incomplete or not performed. • Claims filed or reasonable evidence indicating probable filing of claims. • Failure of the contractor to make payments properly to sub-contractors or for materials or labor. If non-contract compliance persists and monies are withheld on four 4 separate occasions, the Park 17 RFQ F-10-06 Supplemental Landscape Maint&Im2ation Projects Supervisor or designee shall notify the Director who shall have the option of withholding additional monies, or terminating the contract. If determined by the Director of Parks, Recreation and Community Services that the previous contractor performed below standard work, the contractor is prohibited from bidding the contract for two (2) fiscal years. Contractor to be notified by Certified Mail. 9. WORK SCHEDULE REPORTS & STAFFING LEVEL: The contractor shall have one (1) English speaking responsible supervisor on the job all day, each workday. The supervisor shall be equipped with a pager or radio so that the City's representative will be able to contact them during normal working hours. In addition, contractor to provide the City a "toll-free" telephone number for day-to-day contact to contractor's main office. Should a contractor be awarded more than one contract from the City, this supervisor may not work on any other contract or site other than those listed in this contract. Each contract is to have its own supervisor. Prior to the issuance of the "Notice to Proceed", the successful bidder shall provide in writing the staffing level that is to be utilized in the maintenance of the project area. This shall be submitted to the Park Projects Supervisor within seven (7) working days after receipt in order to demonstrate how the bidder proposed to provide an adequate level of maintenance service to comply with contract requirements. The contractor, as part of this contract, will submit reports and schedules on a monthly basis. Failure to submit reports and schedules in a timely manner will result in a delay of monthly payment. Such reports must be typed, detailed and thorough and may include, but not be limited to, the following: Suggestions for improving problem areas and hazardous conditions. Schedules of all irrigation clocks. 18 RFQ F-10-06 Supplemental Landscape Maint&Irrigation • Chemical use reports. • Rodent control reports. All forms and schedules shall be of a format approved by the City as submitted by the contractor. This information shall include the number of personnel used, total number of man-hours per week, and equipment to be used. 10. HOURS OF LABOR: The contractor shall conduct his operations during the hours of 6:00 a.m. to 5:00 p.m., and only Monday through Friday, unless otherwise specified by the Director of Parks, Recreation and Community Services. The contractor may work Saturdays with prior Department approval. 11. VANDALISM/THEFT AND ANTIQUATED IRRIGATION EQUIPMENT: Contractor shall be responsible for performing maintenance, repairs and replacement to existing landscape areas which are maintained under this contract and damaged or altered in any way as a result of theft, vandalism or antiquated equipment that do not result from the performance of the contractor. A. Compensation will be provided only for the cost of parts and plants which are directly related to the theft and/or antiquated equipment; labor shall be provided by the contractor at no additional cost to the City. Additional work items such as transplanting plants or relocating irrigation components from one location to another or if the City provides plants or irrigation equipment shall be completed by the contractor at no additional cost to the City. B. The following conditions shall be met prior to the contractor being reimbursed for the replacement materials: 19 i RFQ F-10-06 Supplemental Landscape Maint&Irrigation • Submit a written proposal for the replacement material(s) costs. • Receive written authorization for the purchase of the replacement material by the Park Projects Supervisor or designee. • Submit a photocopy of the original invoice(s) for the replacement materials. 12. WEEKLY EVALUATIONS: The City will submit a weekly inspection report to the contractor relative to the project area. Contractor or designee shall also meet once each week in the Park Office with the Park Projects Supervisor or designee to discuss and sign report. 13. SUPPLIES: All supplies required to accomplish the items of work specified herein and to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational condition shall be provided by the city. 14. LICENSING AND CERTIFICATION: The Contractor shall possess and provide a copy of their Class C-27 license at the time the contract is awarded and shall be required to maintain said license in good standing throughout the period of contract performance. Contractor shall maintain in good standing all other licenses and certifications necessary to complete the entire contract period. 20 RFQ F-10-06 Supplemental Landscape Maint&Irrigation EXHIBIT A TRAFFIC REGULATIONS Warning signs, lights and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls", 1994 Edition, published by the State of California, and the "Work Area Traffic Control Handbook", 1994 Edition, adopted by the City of San Bernardino, California. A minimum of one (1) lane shall be maintained for each direction of traffic at all times. Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items or work involved and no additional compensation will be allowed. The full width of the traveled way shall be open for use by the public traffic on Saturdays, Sundays, and designated legal holidays, after 3:00 P.M. on Fridays and the day preceding designated legal holidays, and when maintenance operations are not actively in progress on working days. Personal vehicles of the contractor's employees shall not be parked on the traveled way at any time. The contractor shall cooperate with local authorities relative to handling traffic through the area and shall make their own arrangements relative to keeping the work area clear of parked vehicles. The contractor shall conduct the work at all times in a manner, which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. The provisions in this section may be modified or altered if, in the opinion of the Director of Parks, Recreation and Community Services, or his designee, public traffic will be better served and work expedited. Modifications or alterations shall not be adopted until approved in writing by the Director of Parks, Recreation and Community Services, or his designee. IRRIGATION SYSTEM The contractor shall provide labor and expertise to maintain all irrigation systems at no additional cost to the City to insure proper coverage and full working capability 21 RFQ F-10-06 Supplemental Landscape Maint&Irrigation and make adjustments as necessary to prevent overspray or excessive runoff into street right-of-ways or other areas not meant to be irrigated. Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system, including, but not limited to: • Irrigation heads • Irrigation head risers • Valve covers and boxes • Sleeves • Quick coupler valves and hose bibbs • Bubblers, emitters, underground drip system, 'leaky pipe", etc. • Irrigation system lateral piping • Irrigation main (pressure line) • Irrigation control valves • Irrigation controller • Valve wiring to controller • Meters out to backflow, but not meters Note: All above supplies are to be provided by the City, for contractor installation. Contractor shall, at no cost to the City, repair or replace any irrigation system components damaged due to his own negligence within 24 hours. Any replacement must conform to the type and kind of existing system. Any deviation must be approved by the Parks Management. The City will perform all necessary repairs and replacement of the following irrigation components: Irrigation system lateral piping under asphalt pavement and/or concrete Irrigation main (pressure line) under asphalt pavement City has the option to do this work in house or ask contractor for repair cost. City will decide which repair procedure best serves the interests of the City. Contractor is responsible for submitting irrigation controller scheduling checklist once every month. MAINTENANCE SCHEDULES MOWING AND SERVICE SCHEDULE: All turf shall be mowed once per week during the period of 1 April to 31 October and once every other week during the period 1 November to 31 March by city staff. Additional, 22 RFQ F-10-06 Supplemental Landscape Maint&Irrigation supplemental or substitute mowing will be done by contractor as assigned by Parks management at all maintained sites, citywide. The following items of work shall be performed by the contractor with the frequency or time frame indicated: Pickup of litter and debris, to include emptying litter receptacles As directed Irrigation test and repair As directed Fertilization - small trees, shrubs, ground cover As directed Fertilization - turf As directed Weeding (all shrub/planter beds, curb gutter and sidewalk beds)(1) As directed Raking beds As directed Shrub/planter bed edging As directed Pruning shrubs As directed Hedges As directed Sweeping/blowing walks (after mowing & edging) As directed Spraying for pre-emergents As directed Spraying for broadleaf weeds As directed Lawn mowing As directed Lawn edging As directed Lawn trimming (2) As directed Pest and disease control As directed Graffiti removal (approved method) on park equipment, As directed hardscapes, curbs, sidewalks, fences and walls As directed METHOD FOR PERFORMING IRRIGATION WORK Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve contractor of his responsibility. Contractor shall be required to manually water during irrigation repairs. In those areas where an automatic sprinkler system is installed, the contractor shall inspect periodically the operation of the system for any malfunctions. The contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capacity and make whatever adjustments necessary to prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated. This periodic inspection may occur more often, but not less frequently than one inspection each week. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: Turf shall be irrigated as required, to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions such as Santa Ana Conditions, times of less humidity or high winds, or during prolonged high temperature period during the summer months. 23 RFQ F-10-06 Supplemental Landscape Maint&Irrigation • Landscaping of banks and slopes shall be irrigated to maintain horticulturally acceptable growth and color, and to encourage deep rooting and erosion control. • Shrub beds shall be irrigated as required to maintain horticulturally acceptable growth and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface run-off at a minimum. The irrigation rate shall be adjusted to the needs of the shrub types, seasons, and weather conditions. • Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. SHRUBS AND GROUND COVER PRUNING All shrubs and ground cover plants growing in the work area shall be pruned as directed to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings or branches shall be removed immediately with no projections or stub remaining. Any pruning shall be accomplished in a manner, which will maintain plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Park Projects Supervisor, will not be permitted. The contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor's faulty maintenance or negligence, as determined by the Park Projects Supervisor. As part of shrub and ground cover maintenance contractor shall be required to cut ground cover trimming and transplant into other areas and transplant shrubs should they require removal for any reason. SOIL FERTILIZING AND PEST CONTROL AGENTS Soil fertilizing and pest control agents shall conform to the requirements of these special provisions. Manure shall not be used as a fertilizer or soil conditioning material. 1. Turf grass • Fertilization of all turf grass areas within the designated work area shall be accomplished quarterly by city staff or as needed/requested by contractor with a complete commercial fertilizer in homogenous pellet form. 24 RFQ F-10-06 Supplemental Landscape Maint&Irrigation Guaranteed analysis shall be 16-6-8 approved by the Park Projects Supervisor. • Fertilizer shall be packaged in multi-wall paper bags. Polyethylene-lined for moisture resistance. • Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Park Projects Supervisor or based on the results of the soils testing and at the time specified below: 2. Shrub beds, ground cover and small tree fertilization • Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and smaller) within the designated work area shall be accomplished two (2) times per year by city staff or as needed/requested by contractor with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the Park Projects Supervisor. • Fertilizer shall be applied at the rate specified on the package for type of plant material. Fertilizer shall be applied at the times specified below by city staff or as needed/requested by contractor: October 1 - October 16 March 15 - April 1 • Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 3. Materials • The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. • MSDS sheets - Contractor shall furnish, to the City, material safety data sheets for all materials, i.e. pesticides, fertilizers used in contract areas. • A California Agricultural Pest Control Certificate shall be possessed by the selected landscape contractor, his designee, or his sub-contractor and on file in the Park Projects Supervisor's office. • No chemicals, herbicide or pesticide shall be applied until its use is approved in writing, by the Park Projects Supervisor or the designee as appropriate for the purpose and area proposed. • Spraying of chemicals will not be permitted under windy conditions as determined by the Park Projects Supervisor. 25 RFQ F-10-06 Supplemental Landscape Maint&Irrigation • Spraying of chemical with toxicity category 1 shall not be utilized, unless written approval has first been obtained from the Director of Parks, Recreation and Community Services Department and unless a permit has been obtained from the County of San Bernardino Department of Agriculture. TURF MAINTENANCE All turf areas will be maintained as follows: • All turf shall be edged adjacent to all improved and unimproved surfaces. Turf edges shall be maintained in the turf area that abuts a shrub bed, property line or to maintain turf delineation. • Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Park Projects Supervisor three (3) days before application and submit bag tag. • All lawn areas included in this contract shall be mowed with approved power- propelled reel-type or rotary mowers. The mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or the weight of the mower. • Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform, level cut no higher than two (2) inches and may be adjusted with prior approval of the Park Projects Supervisor. • Inclement weather may preclude adherence to the frequency schedule of mowing. The contractor may request from the Park Projects Supervisor, for reasons of rain or prolonged cold, alteration of this mowing frequency. • Turf area shall be aerified a minimum of one time each year by city staff or as needed/requested by contractor. Aerification will be scheduled immediately prior to the April fertilization. Under adverse conditions or as a result of high use where turf is suffering from compaction, aerification shall be necessary at more frequent intervals. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Park Projects Supervisor. • A schedule of aerification equipment to be used shall be submitted to the Park Projects Supervisor ten (10) working days prior to beginning work. • All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. 26 RFQ F-10-06 Supplemental Landscape Maint&Irrigation ROADBED AND WEED CONTROL All areas identified as future roadbed, areas adjacent landscape, traffic isles, medians, slopes, and undeveloped areas shall be treated with 'Round-Up" per manufacturer's label and weed growth removed to 4" height. Height is for erosion control. All areas are to be maintained as such for duration of contract. This shall also include daily trash and litter pickup. All landscape areas within the specified maintenance area including lawns, shrub and ground cover beds, planters, tree wells shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant'. Weeds shall be controlled either by hand, mechanical or chemical methods. The Park Projects Supervisor may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished one (1) time each thirty (30) days. This section includes all undesirable growth adjacent to curbs, gutters and sidewalks. TREE MAINTENANCE All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits, appearance and health of the tree. The contractor, as part of this contract, shall be responsible for tree trimming to a height of sixteen (16) feet. Maintenance program is the selective and natural approach to trimming of all trees on site, and includes pest and disease control. The contractor shall bring to the attention of the Park Projects Supervisor or designee, any tree that shows sign of root heaving, leaning, hanging limbs, or is in some manner a safety hazard. Contractor shall notify the Park Projects Supervisor 48 hours prior to any pruning. Any tree shall be pruned at any time in order to: Remove dead, diseased or damaged branches Remove unwanted encroachments into public and/or utility rights-of-way. Correct any condition which the Park Projects Supervisor has deemed to be hazardous. All trees less than sixteen (16) feet, which are downed by either natural or unnatural causes shall be removed and disposed of off-site by contractor. All stumps shall be ground to 12" below grade and wood chips raked level to fill hole. Any branch that falls to the ground shall be removed off-site by the contractor. 27 RFQ F-10-06 Supplemental landscape Maint&Irrigation TREE REPLACEMENT All tree replacements shall be 15 gallon. The contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and volume of the root ball. Planting shall be accomplished only twice a year during either the Spring or Fall, with a list provided by the City of the type and location of trees to be replaced or as determined by the Park Projects Supervisor. All newly planted trees shall be securely staked at all times with approved stakes and secured to the stakes with at least four (4) approved ties. Tree tie shall be inspected monthly and corrective action taken to ensure against girdling and abrasion. EMERGENCY AND PROBLEM RESPONSE The contractor shall respond within thirty (30) minutes after notification by City staff of all emergency situations. Contractor to provide a "toll-free" telephone number for City's use. After inspection, the contractor will direct the necessary personnel and equipment to correct the emergency. Acceptable length of personnel response time is one (1) hour. Non-emergency situation: The contractor shall make contact within twenty- four (24) hours (in person or by phone) with the person reporting the problem. 28 Addendum 1 RFQ F-10-06 REVISED PRICE FORM W!,rvi", CITY OF San Bernar in SM November 24, 2009 ADDENDUM #1 TO Request for Quotation (RFQ) F-10-06 Supplemental Landscape Maintenance & Irrigation Services Notice is hereby given that the following changes, additions, deletions, or clarifications are incorporated as an Addendum to the Request for Quotation (RFQ) F-10-06. 1. The Bid Bond of 10% of the bid price is hereby not required and has been deleted as a bid requirement. 2. There is no guaranteed number of hours. Work will be on an as-needed-basis. Contractor must be available 365 days a year. 3. See attached three (3) page "REVISED PRICE FORM" Exhibit "A." Use the Revised Price Form as a replacement of pages 34— 36 of bid document. Revised Price Form must include minimum hourly cost. Sincerely, Deborah R. Morrow, C.P.M. Purchasing Division Page 1 of 4 Addendum 1 RFQ F-10-06 REVISED PRICE FORM REVISED PRICE FORM (11123109) REQUEST FOR QUOTES: RFQ F-10-06 DESCRIPTION OF RFQ: Supplemental Landscape Maint & Irrigation Services COMPANY NAME ADDRESS: PRINT NAME OF AUTHORIZED REPRESENTATIVE Please provide a FIRM FIXED FEE, in the spaces provided below. All services will be on an AS NEEDED"basis, with no guaranteed minimum number of hours or services. *ALL RATES SHOULD BEAN HOURLY MINIMUM AND/NCLUDE FOREMAN/SUPERVISOR/LABORER EQUIPMENT ETC. Overhead listed as additional charges. List of Supplemental Services Minimum* (As Needed for City-wide Locations) Hourly Rate 1 Irrigation Repairs 2 Landscape Maintenance mow, blow, edge, weed, rune 3 Weed Abatement Demolition: fence & concrete 4 removal 5 Cement Masonry Work 6 Pla ground Equipment Repair 7 1 After Hours Emergency Maint. 8 1 Litter/ Debris pick-up Billable Hours = Minimum 4,000 List of Services Year Minimum Show Up Time 9 for call out/emergency services Other (list below,attach separate sheet if 10 necessary) TOTAL: Page 2 of 4 Addendum I RFQ F-10-06 REVISED PRICE FORM ANNUAL PURCHASE ORDER Effective on or about February 1, 2010 through June 30, 2010 plus two (2) single-year renewal options, at the City's discretion for City's requirements, Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two if exercised, shall be effective July 1, 2011 through June 30, 2012. 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. Are there any other additional or incidental costs, which will be required 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 the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: 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 % days; unless otherwise stated, payment terms are: Net thirty (30) days. Page 3 of 4 Addendum 1 RFQ F-10-06 REVISED PRICE FORM 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: Received on: Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME &ADDRESS: PHONE: FAX: EMAIL: Web Address: IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: Page 4 of 4 BID DATA SHEET Department: Paexs RFP/ E Description: J` GppkmCrltttL 4dnd6cap, Bid Issue(Ad)Date: Bid Due Date: 1.21ol/o a 3:0 Pln Methods of Public Advertisement: The SB County Sun SB Chamber of Commerce City of SB Website&e-Notify "Notice Inviting Bids/Proposals"sent by Purchasing: Fax Email US Postal Service Local Vendors(within City Limits) Non-Local Vendors Total Vendors Number of Bids/Proposals Received: Local Vendors (within City Limits) tZ Non-Local Vendors Total Bid Packages Received 't/✓O - 61d (See attached Bid Summary for details) Prepared by: 2�DQ�� Date: Purchasing Division Copy to Department (D 3 00 � 2 m °' 3 3 m 3 'o m N F m CD 6 m < 1 3 m 2 0 m o a w o n R° �C?z(n CL V a m c c o v � °- b 'n d o a °c 0 6 N O. 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