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HomeMy WebLinkAbout19-Parks & Recreation e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution authorizing execution ofa Vendor Service Agreement and the issuance of a purchase order to Service Scape for the landscape maintenance of Assessment District No.1 042 - Shandin Hills Drive and Shady Creek Drive; and ratifYing any action taken between October I, 2007, and the date that this Resolution is adopted. Dept: Parks, Recreation & Community Services Dept. Date: September 18, 2007 MlCC Meeting Date: October 15,2007 Synopsis of Previous Council Action: 7/16/02 - Approval of2007/2008 Assessment Rolls (various Assessment Districts). Recommended Motion: Adopt Resolution. - Contact person: Jim Gondos Phone: 5031 Supporting data attached: yes FUNDING REQUIREMENTS: Ward: ......... S~ Amount: $15,295 for balance of Agreement term (October I, 2007 through January 31, 2008). Source: (Acct. No.) 254-620-6029-1042 ( A l"l"t np~,.riptinn) A ~~p~<:!mpnt .ni<:!tri,...h:: Finance: Council Notes: Agenda Item No. J9 10[15101 e e e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and the issuance of a purchase order to Service Scape for the landscape maintenance of Assessment District No.1 042 - Shandin Hills Drive and Shady Creek Drive; and ratifying any action taken between October I, 2007, and the date that this Resolution is adopted. Baekground: Assessment Districts have been fonned throughout the City for various types of improvements and maintenance. The majority of these are landscape maintenance assessment districts that were fonned as a result of conditions of approval for the development of landscaping that was installed at various tracts. The annual assessments include the contract costs for maintenance, water, energy, inspection and administration. Assessment District No. 1042 was approved in May 2006, along with the first year's assessment rolls. The developer maintenance period has expired, resulting in the City taking control of the landscape maintenance of this district. The Parks, Recreation and Community Services Department prepared the appropriate specifications and the Purchasing Division of the Finance Department published and furnished contract bid documents to vendors. Contract bid documents were advertised in The Sun Newspaper and the City Web page. The job walk was conducted on May 17, 2007. Bids were publicly opened and declared on June 7, 2007. The following is a summary of bids received: Service Scape - Alta Loma Lasting Images - Corona Excel Landscape - Corona $45,885.00 $47,224.16 $71,353.00 The Parks Department has experienced maintenance non-compliance issues with some of the contractors who perform landscape maintenance for the department. Most of the concerns centered around the lack of adequate staffing. In order to address the concerns, City staff has stepped up contractor accountability requirements. In response, the Department has noted a sigmficant increase in contnlctor responsiveness and service delivery in both city park sites and assessment districts. Therefore, the department is confident that there will be an improved level ofservice by contractors. Staff therefore recommends that a Vendor Service Agreement and purchase order be awarded to Service Scape for the maintenance of Assessment District No. 1042. The term of the Agreement is four months (October I, 2007 through January 31, 2008). At the City's option, given funding authority, City may exercise up to three single year renewal e e e options. Option year 1, if exercised, will be effective February 1,2008 through January 31, 2009. Since the effective date of the Agreement is October 1,2007, the Resolution ratifies any action taken between October 1,2007, and the date that the Resolution is adopted. Financial Impact: The assessment covers maintenance and incidental district costs, including the $15,295 for the four-month term of this Agreement. The annual cost for contract maintenance of Assessment District No. 42 is $45,885.00. Recommendation: Adopt Resolution. e 1 2 3 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 e e RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE OF ASSESSMENT DISTRICT NO. 1042 - SHANDlN IDLLS DRIVE AND SHADY CREEK DRIVE; AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 1, 2007, AND THE DATE THAT THIS RESOLUTION IS ADOPTED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Service Scape is the lowest and best responsible bidder for the landscape maintenance of Assessment District No. 1042 for an annual cost of $45,885.00. Pursuant to this determination, the City Manager is hereby authorized to execute a Vendor Service Agreement, attached hereto and labeled "Exhibit A" and incorporated herein as though set forth at length. The Director of Finance or his/her designee is authorized to issue a purchase order to Serviee Scape in the amount of$15,295.00, and all other quotations are hereby rejected. The effective date of this Agreement is October 1,2007 through January 31, 2008; therefore, any action taken between October I, 2007, and the date that this Resolution is adopted is hereby ratified. SECTION 2. At the City's discretion, given funding authority, City may exercise three single year renewal options. The first year option, if exercised, shall be effective February I, 2008 through January 31, 2009. SECTION 3. The authorization to execute the above referenced Vendor Service Agreement is rescinded if it is not executed by both parties within sixty (60) day of the passage of this Resolution. 1/1 J/r /D'/S '07 e e e 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE OF ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE; AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 1, 2007, AND THE DATE THAT THIS RESOLUTION IS ADOPTED. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: 9 Council Members: 10 ESTRADA AYES NAYS ABSTAIN ABSENT 11 12 13 14 15 16 BAXTER BRINKER DERRY KELLEY JOHNSON 17 MCCAMMACK 18 19 20 21 2007. Rachel G. Clark, City Clerk day of The foregoing resolution is hereby approved this 22 23 24 25 26 27 28 Patrick J. Morris, Mayor City of San Bernardino Approved as to form: James F. Penman, City Attorney . cJrtr. Exhibit "A" e VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 2007, by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire landscape maintenance services for Assessment District No.1 042, located at Shandin HiIls Drive and Shady Creek Drive; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for landscape maintenance at that location; and WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and e authorized by the City of San Bernardino to provide such landscape maintenance. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those landscape maintenance services as set forth in Attachment "A", "Price Form - RFQ F-07-34 - Landscape Maintenance District No. 1042 - Basic Bid plus Supplemental Items of Work" a copy of which is attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice covering one month, in arrears, shall pay the VENDOR the amount of $3,823.75 per month for e the four-month term of this Agreement for landscape maintenance services provided for C:IDocuments and Settingslattorneyllocal SettingslTemporary Internet FilesIOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl Assessment District #1042. Annual cost for contract maintenance of Assessment District No. e 1042 is $45,885.00. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of four months (October I, 2007 through January 31, 2008). At the City's option, given funding authority, City may exercise up to three single year renewal options. Option year I, if exercised, will be effective February 2, 2008 through January 31, 2009. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. e CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the e Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. C:IDocuments and SettingslattomeylLocal SettingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl 5. INSURANCE. e While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, e VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and e employees, and all business license, if any are required, in connection with the services to be performed hereunder. C:IDocuments and SetlingslatlorneylLocal SetlingslTemporary Internet FilesIOLK136IVENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl e 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 547 No. Sierra Way San Bernardino, CA 92410 e Telephone: (909) 384-5233 TO THE VENDOR: Service Scape 9716 Cottonwood Way Alta Lorna, Ca. 91737 Telephone: (951) 545-1125 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his e office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. C:\Documents and Settings\attomey\Local Settings\Temporary Internet Files\OLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl It 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 tit Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its tit provisions. C:IDocuments and Settingslattomeyllocal SeWngslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl e 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 VENDOR. By: Its: Dated ,2007 CITY OF SAN BERNARDINO e By: Fred Wilson, City Manager Approved as to Form: JAMES F. PENMAN, City Attorney By: James F. Penman, City Attorney e C:\Documents and SetlingslatlomeylLocal SetlingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl e e e Attachment A Price Form REQUEST FOR QUOTES: RFQ F-07-34 DESCRIPTION OF RFQ: BIDDER'S NAME/ADDRESS: Landscape Assessment District # 1042 5E.rz..V\ (".8 -3CAFE =:f"l i tc'-' ,.. "-"\'\01-4\;'..l co l> \tUA- '-( b'-\""'b.. LCMA.-, ~A.. 91-,3, . NAMEffELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ~f--lC>Y ::r:t.31 t-LDet-.L I ( ~5i ) 5.1\-5- \ I z-S ANNUAL PU RCHASE ORDER Effective on or about August 1, 2007 through January 31,2008 plus three (3) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. \ erotion Year one, if exercised, shall be effective February 1,2008 through January 31, 2009, Dorion vear two, if exercised, shall be effective February I, 2009 through January 31,2010. erorion vear three. if exercised, shan be effective February 1,2010 through January 31, 2011. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances win adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 30 e e e PRICE FORM PLAN NO. 1170S-A (2007-2008) ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA BASIC BID .. DESCRIPTION OF ITEMS UNIT TOTAL ITEM OUA.NTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS PRICE A.NNUAL PRICE " . . . I I L.S. Maintenance of fuel modification tbinning area, at (229,330 sq./l z) the lump sum price of~ I ~..". Dollars & "" -'C> /t Ccnts L.S. S "3,' 40.~ -( 2 I L.S. Maintenance of plants, shrubs, groundcover and (16,850 sq.ft. z) irrigation system, at the lump sum price of: . ~ --ru--- ~ lit 1 & ..- Cents L.S. S 12" Z.Sc>.l22- 3 1 L.S. M.intenance of landscaped slopes, drab (170,950 sq.ft z) basins and drainage channels and irrigati the lump sum price of:-T\.d- ~ ~o Dollars L.S. S Iz.. Z-5(j~- & ... nts , . . 4 I L.s. Maintenance of trees and Irrigation system at the lump sum price of: . Dollars & ~ h""-, Cents L.S. SB,~~ , TOTAL BASIC BID (A) $~'5,(A-O.~ . ~ Z ~ I 0 . ~ Pt..l,&.- t?\C:>t---n"'U ~ ~5f(P40. e")o - .b>~--'-V.b-L-L '\" 31 I e e e PRICE FORM PLAN NO. 1042-A (2007) ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA SUPPLEMENTAL ITEMS OF WORK DESCRIPTION OF ITEMS TOTAL PRICE ITEM QUANTITY UNIT WITH UNIT PRICE JJ'RlTTEN IN WORDS UNIT (Quantity x Unit . PRICE Price) 1 35 EACH Replaeemeat ofTrea at : S"~ SZ.i~2.5. ~ ~- l' ~..r~ - ~ 1 Am:.-< per each 2 500 SQ.FT. Rfpl-----t of Turf at s/_O~ SC:X:>.~ o. ~ ~.. ~tz:,. per sq.ft. S 3 Replacement of Shrubs at --.:.. s zo.!E!! 25 EACH ~ . .~ ... ~tI t:'v"-II. " ACZ-.<" percach s 500.~ . Replacement of Grouad Cover at - 4 200 FLAT _I or ---..Il.e~ . .. (....D. I ~ per flal SZO.~ $4-0CO.~ Replacement of SprID/dea' Heads : Pop-up 5 40 EACH l3'J!e, ladudIDg Dt1cnflrj pipe, fittings, etl:., at~~..a:;n .. It: ~I~< . . ,: per each S/Z ,!Z!Z $ 4-B6 00:> .- Replacemeut ofSpriDkler Heads : Rotor type, 6 40 EACH Incllllltq ___ry pipe, fittlDp, etc., at -n..-.. -0 -.. -< ~I ~ $ZO.!!$ BOO.~ . per each S Repl.~_t ofSpriDlder Beads: Sbrubbery 7 20 EACH type, lucIudJuc neceaary pipe, fittings, etc., at \ . D-' I'"",~S per each SIOJ~ S Z.OO,~ Replacement of SpriDlder Beads : Impact 8 1 EACH type, Incllllltq _ nili)' pipe, 1lttiDgs, etc., at-r-~c.- ~ ( .t"'Y-"'li t ~S per each SZO.!!E $ ZO.~ Cost of labor for lrrJpUOD system repair for 9 35 HOURS EXTRA WORK~~, ---n,..., l::> S3Z.~ I rzo. 0(;). r-..r... 1 ^- cc-.'=' per hour S TOTAL SUPPLEMENTAL ITEMS OF WORK (B) $IOIZ.:1S,~ 32 I . TOTAL BID: e BASIC BID + SUPPLEMENTAL ITEMS OF WORK (A+B) $ 4-S,RA-~. ~ I . , - , e '. , e 33 e Are there any other additional or incidental costs, which will be r~ by yourfinn in order to meet the requirements of the Technical Specifications? Yes No . (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements oftQe Technical Specifications that cannot be met by your finn. 1---L6 t---t ~ " Have you included in your bid all infonnational items and forms as requested@1 No (circle one). If you answered "No", please explain: e " This offer shall remain finn for 90 days from RFQ close date. Tenns and conditions as set forth in this RFQ apply to this bid. Cash discount allowable %1'40.. days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your finn, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: . Addenda No: Received on: Received on: e 3S Addenda No: Received on: tL~ e AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TULE: rz.. 7..l3> It-! D_. OWlo-.I.'="\ Z-- DATE SIGNED: 5-Z-"3 --01 ~~Ic:.e-SCA.t--c- '9'I~ L......uol '1.0'>(01) ...........y A4.-~ ~....; co.. .~:H"'""30" FAX:J.~o~)~-'9;z...1 , COMPANY NAME & ADDRESS: \(,:>'5\) S4s-II'Z-S" PHONt: . , IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: e e 36 NON - COLLUSION AFFIDAVIT e TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, underpenaJty ofpeIjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-07-34. Business Name ~lc..e-~. ~1\\o ~"-'OC)j) ~'-( BusinessAddress~ ~I CA .~I""3.'" SignatureofbidderXf? ~ ^- J ~ e b-~ \...-c!X7l.,A Place of Residence \ Subscribed and sworn before me this 2~7"" day of /11# '7 ,2007 Notary Public in and for the County of S4/l/ ~JVA>u1J,U 0 ,State of California My commission expires J UiV 77# ,20~ 1.- - - - ~~~~..: - f J ~~.e~y 1Qn~_..CQRv . Mreamm. __JIh 7. - - - -- - - -- e 37 e VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 2007, by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire landscape maintenance services for Assessment District No. 1042, located at Shandin Hills Drive and Shady Creek Drive; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for landscape maintenance at that location; and WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and e authorized by the City of San Bernardino to provide such landscape maintenance. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those landscape maintenance services as set forth in Attachment "A", "Price Form - RFQ F-07-34 - Landscape Maintenance District No. 1042 - Basic Bid plus Supplemental Items of Work" a copy of which is attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice covering one month, in arrears, shall pay the VENDOR the amount of $3,823.75 per month for e the four-month term of this Agreement for landscape maintenance services provided for C:\Oocuments and SettingslattomeyILocal SettingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl e Assessment District #1042. Annual cost for contract maintenance of Assessment District No. 1042 is $45,885.00. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of four months (October I, 2007 through January 31, 2008). At the City's option, given funding authority, City may exercise up to three single year renewal options. Option year I, if exercised, will be effective February 2, 2008 through January 31, 2009. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. e 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the e Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. C:IDocuments and SettingslattorneyILocel SettingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scepe # 1042.doc; October 11, 2007;KF:ldl e 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. e In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and e employees, and all business license, if any are required, in connection with the services to be performed hereunder. C:IDocuments and SettingslattomeylLocal SettingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl I e 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 547 No. Sierra Way San Bernardino, CA 92410 e Telephone: (909) 384-5233 TO THE VENDOR: Service Scape 9716 Cottonwood Way Alta Lorna, Ca. 91737 Telephone: (951) 545-1125 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his e office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. C:IDocuments and SetlingslatlorneyILocal SetlingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl e 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 e Bernardino, State of California or the U.s. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its e provisions. C:\Documents and SettingslattomeylLocsl SettingslTemporary Internet FilesIOLKl36\VENDOR SERVICE AGREEMENT-Service Seepe # 1042.doc; October 11, 2007;KF:ldl .'-c... '''';!'''-;O' e 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 VENDOR. By: Its: Dated ,2007 CITY OF SAN BERNARDINO e By: Fred Wilson, City Manager Approved as to Form: JAMES F. PENMAN, City Attorney By: ( , Jame F. Penman, City Attorney l e C:\Documents and SettingslattorneyILocal SettingslTemporary Internet FileslOLK136\VENDOR SERVICE AGREEMENT-Service Scape # 1042.doc; October 11, 2007;KF:ldl I tit tit tit Attachment A Price Form REQUEST FOR QUOTES: RFQ F-07-34 DESCRIPTION OF RFQ: BIDDER'S NAMFJADDRESS: Landscape Assessment District # 1042 5'E-rzV\ c..B - 5c.APE 3., ilo". /' "'-"'-n-Ot-4V-tOOl> V-I6...'-( 6.L--r:b.. LOM~. ~A. 9L-'3, . , " NAMEffELEPHONE NO. OF AUTHORIZED REPRESENTATIVEt"Z....6..~C>y ~l t-LC:>et-L \ ( ~Si ) 54-5.- \ \ z-S ANNUAL PU RCHASE ORDER Effective on or about August I, 2007 through January 31, 2008 plus three (3) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. , " Ootion vearone, if exercised, shall be effective February 1,2008 through January 31,2009, Ootion vear two, if exercised, shall be effective February I, 2009 through January 31, 2010. Ootion vear three. if exercised, shall be effective February I, 2010 through January 31, 2011. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstanr.es will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 30 e e e PRICE FORM PLAN NO. 1170S-A (2007-2008) ASSESSMENT DISTRICT NO. 1042 - SHANDIN HILLS AREA. BASIC BID DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS PRICE ANNUAL PRICE '" . I I L.S. Maintenance of fuel modification thinning area, at (229.330 sq.ft.,j,) the lump sum price of:-r.II>. - ~.., .... Dollars & ... -'O/li'":) Cents L.S. S "31 4C.~ I 0( 2 I L.S. Maintenance of plants, shrubs, groundcover and (16,850 sq.ft.,j,) Irrigation system, at the lump SWD price of: 10...&0 -ru-~~ lit 11m & al..- Cents L.S. S 12., Z.50.~ 3 I L.S. M~intenance of landscaped slopes, drab (170.950 sq.ft,j,) basins and drainage channels and irrigati the lump sum price of:-T\..l -r-..... C> Dollars L.S. S Iz. Z-S(j~ & ... .,-"nts , . 4 I L.S. Maintenance of trees and irrigation system at the lump sum price of: .. ~- . Lr-T"" . . Dollars & ~/,,...,.~.. Cents L.S. S e.,~~ , TOTAL BASIC BID (A) s~5,(AO. cot:?. . d::.' 0"" ~z. ~I 0 . - P-..:~ t7\c>t-rru. ~ ~S/(P40;~ ..l>1,-...U-'-V..b-l-L. \ 31 e e e PRICE FORM PLAN NO. 1042-A (2007) ASSESSMENT DISTRICT NO. 1042 - SHANDIN BILLS AREA SUPPLEMENTAL ITEMS OF WORK DESClUPTJON OF ITEMS TOTAL PRICE ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS UNIT (Quantity x Unit . PRICE Price) 1 35 EACH RepJaeement of Trees at : SI5;2fI $Z.,~2-5. ~ ~ ( ""'T r..... - ~ &. A..a:..< per each 2 SOO SQ.FT. lh-pl............~ of Turf at: sl .OC!.... o. .,,- ~. ..A..tz::,. per sq.ft. S 5CO.~ 3 EACH Repl__t of Shrubs at: ---.:. stD.'!:!:! 25 -,...----.le\ .. ~tl ~ ," ACZ-<" pereach S 500..~ . 4 200 FLAT Repl..........t of Ground Cover at: SZO.~ $ 4-oCl::' . 0<> -~ ,- ",e~ . .. (......D.._'~ per flat RepJacemeat of SpriaJder Beads : Pop-up 5 40 EACH ~ IDcIacIlag Die my pipe, ftttiDgs, etc., at:-+-.~ ..~ ... ~ ~I^"""'_<' . . .- .. per each S/2.!ZS! $ +B6.~ . RePJacemeat of SprlaJder Beads : Roto.. type, 6 40 EACH IDcIudiDc --e-auy pipe, ftttiDgs, etc., at: --t"l.-I . J..~ ~. ~ $ZO.~ BOO.~ - per each $ RepJa.........t of SprlaJder Beads : Shrubbery 7 20 EACH type, lududllll aec_ary pipe, ftttI.... etc., at l . 0.-. ..""", n:::::- r S/ O/~!! C)Q 00 per each S Z. .- RepJacemeat of SprlaJder Heads: Impact 8 1 EACH type, lududiJtc uecessary pipe, ftttlngs, etc., at: ........ .- ~ , t-r-.,. . A........ ( per each $ZO.~ $ ZO.~ Cost of labor for irrIpdon system repair for 9 35 HOURS EXTRAWORK~~, -n......:. ~ $3Z.:B If 2..0. Dt:> ~ N-.:>l J "-=-'- per hour $ TOTAL SUPPLEMENTAL ITEMS OF WORK (B) o :4S (>0 sl 12: ,- 32 e e e TOTAL BID: BASIC BID + SUPPLEMENTAL ITEMS OF WORK (A+B) s4s.M"". ~ , " ". 33 L___________u___________ e Are there any other additional or incidental costs, which will be ~ by your firm in order to meet the requirements of the Technical Specifications? Yes No . (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of tile Technic31 Specifications that cannot be met by your firm. t--.1.-6 t--t G" , " Have you included in your bid all informational items and forms as requested@/ No (circle one). If you answered "No", please explain: e This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable %t-4/~ days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Addenda No: Received on: Received on: e 35 Addenda No: Received on: O~ e . AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: rz..~ It-l D~. Ow ~C--I. z.- , COMPANY NAME & ADDRESS: \(-:>"5 \) '54s-h"Z.-S" PHO~: , " 5-Z-.'3 --01 .~~lc:.e-~F""=- 9'...""" ~'''v, ~v ~OOD ""-.lAy ~~ ~..., CA. _=Sl"~" FAx:J.E)o~)41.d~- 1SZ-1 DATE SIGNED: IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: e , '" e 36 J ~ NON - COLLUSION AFFIDAVIT tit TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23; United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indit-ectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-07-34. . " ~lc.e-~,- Business Name ~"11o ~"'-'ooj) ~'-(' Business Address~ ~, CA .~ 1'"'3.'" Signature of bidder x_r? ~ .A j ~ tit A~ \-OC?tA Place of Residence \\ Subscribed and sworn before me this 2~ 71'1' day of /1",. '7 ,2007 Notary Public in and for the County of ::M1l/ J:f4'''NMPJAJ 0 . State of California ~ My commission expires Lh.llV 77# .20E.2 1----: ~- -- -8 ec.~~!-u f I --.~fi;J Ian~r": Coonv - My c:an.n. ....../In 7, ------- - - tit 37