HomeMy WebLinkAbout13-Code Enforcement
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Code Enforcement
Subject: Resolution of the City of San Bernardino
authorizing the execution of an agreement and issuance
of a purchase order with three (3) one-year extensions
at the City's option to Larry Jacinto Farming and Scott
Tractor Service relating to discing of vacant properties
for weed abatement services.
From: Wayne Harp, Interim Director
Date: August 21, 2008
MCC Date: 09-02-2008
Synopsis of Previous Council Action:
06/04/0 I - Council awarded contract and annual purchase order for FY 2001/2002.
12/16/02 - Council extended the purchase orders for one year for FY 2002/2003.
06/07/03 - Council extended the purchase orders for one year for FY 2003/2004.
09/07/04 - Council extended the purchase orders for one year for FY 2004/2005.
06/20/05 - Council extended the purchase orders for two years for FY 2005/2006.
Recommended Motion:
Adopt Resolution
4~
Wayne Harp
Phone:
5920
C ta t EILEEN GOMEZ
on c person:
Supporting data attached: StaffReport/Reso/Exhibit
Ward:
All
FUNDING REQUIREMENTS:
Amount: $130,000
Source: (Acct. No.)
001-074-5506
(A~,...t n,::u::t'rirtinn)
Finance:
Council Notes:
~() ~otJ!' -..360
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order with three (3) one-year extensions at the City's option to Larry Jacinto
Farming and Scott Tractor Service relating to discing of vacant properties for weed abatement
services.
BACKGROUND:
The 2008-2009 Budget provides for weed abatement on vacant lots throughout the City. There
will be two (2) armual weed abatement cycles for 2008-2009, spring and fall. Special abatement
inspections and enforcement will be conducted between these cycles and will concentrate on
debris built up on all vacant lots. Approximately 3,000 parcels are abated armually.
In order to ensure the best possible price, staff prepared weed abatement specifications, which
included reporting procedures by the contractor for all work performed and in progress. In June
2008, bids were sent to twenty-four (24) area contractors (including nine in San Bernardino), to
the San Bernardino Chamber of Commerce, and advertised in the Sun and on the city's web page
under RFQ F-08-27. As advertised, bids were publicly opened and read on July 28, 2008. A
total of six (6) bids were received by the deadline. No bids were received by local vendors.
Because of the number of vacant lots located in the City, we require a minimum of 2 contractors
to complete the abatements in a timely marmer. The two (2) lowest bidders were:
Larry Jacinto Farming
Scott Tractor Service
Mentone, California
Bloomington, California
Bid prices for discing, mowing and handwork were requested as part of the bid package. The
low bid was $65 per acre for discing and mowing and $40 per half-hour for handwork. The
second lowest bid was $85 per acre discing and mowing and $55 per half-hour for handwork.
(see attached Bid Summary Sheet).
Property owners must be advised of the cost at the time the notice to abate is sent. Because we
carmot charge property owners different prices, as everyone would want the lowest price and we
would be unable to complete all necessary abatement work, a bid price that was acceptable to
both contractors was negotiated. Bids include hauling and disposal fees. The negotiated bids
are:
Contractor Discing Mowing-Spring Mowing-Fall Handwork
Larry Jacinto $80.00 $80.00 $80.00 $50.00
per parcel per parcel per parcel 30 min
Scott Tractor $80.00 $80.00 $80.00 $50.00
Per parcel per parcel per parcel 30 min
For the purpose of this award, a cost not to exceed $130,000.00 has been established for all
contractors and a cap for the total amount the city would pay for services will be established at
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$130,000.00. Work is awarded on a rotational basis as contractors complete the previously
assigned job. Additional work will not be issued until the previous work has been satisfactorily
completed. Each contractor's ability to satisfactorily complete the work assigned will determine
the amount of work issued. To complete the work needed in the City in a timely manner for fire
prevention and blight purposes, it is necessary to have a minimum of two (2) contractors.
FINANCIAL IMPACT:
The cost to the City for weed abatement services is budgeted at $130,000 for FY08-09. As part
of the abatement and cost recovery process owners are billed for the work done on their
properties. If the bill is not paid, the amount owing is placed as a lien on the property taxes and
eventually the City should be reimbursed for costs incurred.
RECOMMENDATION:
Adopt the attached resolution.
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RESOLUTION NO.
(C(O)[F>>1[
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF TWO (2) AGREEMENTS AND ISSUANCE OF
PURCHASE ORDERS WITH THREE (3) ONE-YEAR EXTENSIONS AT
THE CITY'S OPTION TO LARRY JACINTO FARMING AND SCOTT
TRACTOR SERVICE RELATING TO DISCING AND MOWING OF
VACANT PROPERTIES FOR WEED ABATEMENT SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That Larry Jacinto Farming and Scott Tractor Service are the sources most
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qualified to perform the required discing, mowing and handwork of vacant properties for weed
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abatement services.
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SECTION 2. That the City Manager is hereby authorized to execute on behalf of the City of
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San Bernardino, an agreement between said City and Larry Jacinto Farming, a copy of which is
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attached hereto, marked Exhibit "A" and incorporated herein by reference as ful1y as though set
IS
forth at length.
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SECTION 3. That the City Manager is hereby authorized to execute on behalf of the City of
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San Bernardino, an agreement between said City and Scott Tractor Service, a copy of which is
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attached hereto, marked Exhibit "B" and incorporated herein by reference as ful1y as though set
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forth at length.
SECTION 4. The Purchasing Manager is hereby authorized and directed to execute, on
behalf of said City, annual purchase orders to Larry Jacinto Farming and Scott Tractor Service for
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weed abatement services in the maximiun amount of $65,000 for each vendor. The annual Purchase
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Order for each vendor shal1 reference this Resolution No. 2008-_, and shal1 each have a one (I)
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year term with the option of three (3) one-year extensions at the City's sole discretion. AI1 other
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bids are hereby rejected.
SECTION 5. The authorization to execute the above-referenced purchase orders is rescinded
ifthe parties fail to exe.cute the agreements within sixty (60) days of the passage of this resolution.
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23 Approved as to Form:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF TWO (2) AGREEMENTS AND ISSUANCE OF
PURCHASE ORDERS WITH THREE (3) ONE-YEAR EXTENSIONS AT
THE CITY'S OPTION TO LARRY JACINTO FARMING AND SCOTT
TRACTOR SERVICE RELATING TO DISCING AND MOWING OF
VACANT PROPERTIES FOR WEED ABATEMENT SERVICES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on
, 2008, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
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,2008.
day of
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
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Exbibit "A"
VENDOR SERVICES AGREEMENT
Tbis Vendor Services Agreement (tbe "Agreement") is entered into tbis _ day of
September,2008, (tbe "Effective Date") by and between Larry Jacinto ("Vendor") and tbe
City of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the City to contract for the discing, mowing and handwork relating to
weed abatement on vacant lots throughout the City; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for such services; and,
WHEREAS, Vendor was the lowest and best bidder for the provision of such services;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
F or the remuneration stipulated, City hereby engages the services of Vendor to provide
those services as set forth in RFQ F-08-27, attached hereto, marked Attachment "I" and
incorporated herein by this reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. The. total amount for services rendered under this Agreement 'shall not exceed
$65,000.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue for a period of one
(I) year unless previously terminated as provided herein. This Agreement may be extended for
three (3) additional one (1) year extensions at the City's sole discretion.
The City reserves and has the right and privilege of canceling, suspending or abandoning
the execution of all or any part of the work contemplated by this Agreement, for any reason, with
or without cause, at any time, by providing written notice to Vendor. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of
such termination, Vendor shall immediately stop rendering services under this Agreement unless
directed otherwise by the City.
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4.
INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notify. City of any change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital 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 employees, and all business
license, if any are required, in connection with the services to be performed hereunder.
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8.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature legally required of Vendor to practice
its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
Director of Code Enforcement
201B North "E" Street, Ste. 201
San Bernardino, CA 92401
Telephone: (909) 384-5205
Larry Jacinto Farming
P.O. Box 275
Mentone, CA 92359
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph. .'
II. 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,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
el).forceability 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 iil full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
1//
1//
[SIGNATURE PAGE FOLLOWS)
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VENDER SERVICES AGREEMENT BY AND BETWEEN LARRY JACINTO AND THE
CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on ht day
and date set forth below.
Dated:
,2008
LARRY JACINTO FARMING.
By:
Its:
Dated
.2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
C Approved as to Form:
James F. Penman, City Attorney
By:
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AT'lACBMEIlT "I"
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City of San Bernardino
RFQ F-08-27
General Provisions and Specifications for
Weed Abatement - Various Locations
ITEM DESCRIPTION
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements
when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand
column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model of all
components when not exactly as specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
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DEFINITIONS:
1. "Director" means the Code Enforcement Director or his duly
authorized representative.
2. "Department" means the City of San Bernardino Code Enforcement
Department.
3. "Approved Disposal Site" means any San Bernardino County
landfill, scrap metal dealer, or other licensed disposal facility;
however, prior approval must be obtained from the Director before
any private disposal facility can be used.
4. "City" means the City of San Bernardino.
S. "Contractor" means the Contractor, its employees, agents or
designees'.
TERMS OF CONTRACT:
The term of this agreement (the "Agreement") shall be effective July 1,
2008 through June 30, 2009 plus (3) three single year extensions, on a
year to year basis.
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In order to extend this Agreement, the City shall provide the Contractor
written notice of its intent to extend the Agreement thirty (30) days
prior to the end of the Agreement vear. The Contractor agrees to
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provide the services described in the attached proposal for said
additional periods, should the CITY give the required notice.
Upon receipt of City's intent to extend the Agreement, Contractor may
request in writing that the item prices established by this Agreement or
any extension thereof, may be adjusted by an amount equal to the
increase or decrease, during the previous twelve (12) months, in the
Riverside, San Bernardino All Urban Consumers Index. To determine
the percentage increase or decrease, the term "previous twelve months"
shall mean the twelve (12) month period ending June 30th of the then
current year, or if not available, the prior month.
I. The City may utilize two or more Contractors for the services
subject to this Agreement, which will be broken into zones as
designated by the Director.
2. The Contractor or Contractors shall perform the work specified
under the general direction of the Director. In general, work will
consist of two (2) abatement seasons.
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SPECIAL TERMINOLOGY AND CONDITIONS:
I. Unit desilIDation for discinl!. mowinl! and scraDinl!:
Class C -
Single parcels up to and including one-half acre.
Single parcels over one-half acre, up to and including one
(I) acre.
Single parcels over one (I) acre, up to and including ten
(10) acres.
Single parcels over ten (10) acres.
One hundred (100) foot firebreaks on parcels over five (5)
acres only when there are no structures on anyone of the
four sides.
Class A -
Class B -
Class D -
Class E -
2. Firebreaks: Class E - Some parcels will require only firebreaks to
comply with the standards of the Department. When firebfeaks are
allowed, only the area disced will be billed. If the amount of
acreage which has been disced is less than one (I) acre, the fee will
be the bid price of Class B; ifone (1) to ten (10) acres, Class C; if
over ten (10) acres, Class D.
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3. Partial Cleaninl!: Some parcels will require only partial cleaning.
That area which is cleaned will be measured and the applicable unit
rate will apply.
4. Parcel Mans: The Denartment will nrovide the Contractor with
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weed abatement parcel maps. A list of parcels that could require !
cleaning, and the type of cleaning necessary. The maps remain the I
property of the Department and must be returned in good condition.
Replacement of damaged or maps not turned in will be charged to
the Contractor.
GENERAL CONDITIONS:
I The Contractor and the agents and employees of the Contractor, in
the performance of this agreement, shall act in an independent
capacity and not as officers or employees or agents of the City.
2 The Department, its officers and employees, shall not be liable for
any loss, damage, or injury of any kind or nature as may arise out of
any acts, duties, or obligations on the part of the Contractor, his
agents, or employees, under this Agreement; nor for any materials
or equipment used in performing the work, nor for injury or damage
to any person or persons, either workmen or the public; nor for
damage to adjoining property from any cause whatsoever during the
progress of the work or any time before final acceptance.
3 Contractor shall indemnify and save harmless the Department, its
officials and employees from any suits, claims or actions brought by
any person or persons for, or on account of any injuries or damages
sustained or arising in the consequence thereof.
4 The Contractor shall process and consider all chlims for damage or
injury in a courteous manner and as promptly, as conditions
warrant.
S The Contractor shall promptly answer inquiries and complaints of
the Department, of private property owners, or citizens, relative to
any work charges, damages or any other questions that may arise as
a result of weed abatement operations by the Contractor.
6 The Contractor shall notify the Department by phone before 4:00
p.m. the same working day or by 8:00 a.m. the next working day in
the event that fixtures or utilities are damaged or destroyed by the
Contractor. Contractor will then follow up the phone call with a
written statement to be submitted with the billing. When the
Contractor, or responsible person is unavailable to rectify the
situations, the Department shall make necessary arrangements to
repair damaged or destroyed items if said damaged or destroyed
items affect the health and/or well-being of property owner or
adjacent property owners. Contractor is responsible for correcting,
replacing, or paying all damages to property, fixtures, or utilities,
whether the Contractor, Pronertv Owner, or City does repairs.
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The Contractor shall be fully informed of and comply with all
existing and future State and/or Federal laws and all City
ordinances and regulations of the City which in any manner affect
those engaged or employed in the work or the materials used in the
work or which, in any way, affect the conduct of the work, and all
such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same.
8 The Director shall decide all questions which may arise as to the
quality or acceptability of work performed, and as to the manner of
performance and rate of progress of the work and all questions
which arise as to the interpretation of the specifications. All work
performed by the Contractor shall be done to the satisfaction of the
Director.
9 The unit of measurement for the Agreement work shall be the unit
or parcel class as specified in the Agreement and bid. Payment for
abating parcels of land will be made on the unit or parcel class basis
per Agreement.
10 All equipment and tools shall be furnished, fully operable,
operated, and maintained by the Contractor. There will be no extra
charge made to the Department for the same. All fuel, materials,
supplies, etc., to perform the Agreement shall be furnished at no
extra charge to the Department. Contractor shall have reserve
equipment available within a twenty-four (24) period or a time set
by the Director.
II All tractors, regardless of size, shall be equipped with an approved
spark arrestor and either a 2 1/2 gallon pressurized water-type fire
extinguisher or a back-pack hand pump fire extinguisher with a
minimum capacity of five (5) gallons. Department staff may spot
check tractors to ensure compliance.
12 Before and after any parcel is abated, the Contractor shall take two
(2) to four (4) clear and ureciae Polaroid. 3Smm or diRital dated
uictures in color of the area which tractor and/or handwork is
abated, demonstrating the need for abatement. Contractor shall
fumish his own camera and film. Contractor is responsible for
furnishing all pictures to the Department at its sole cost and
expense. These pictures shall be taken immediately before and after
abatement work is done and submitted to the Department, together
with the billing for the work performed. If uictures do not show
iustification for chare:e, payment will not be made. Each picture
shall include the date picture was taken and the parcel number or
numbers it represents. Each "after" nicture shall be taken from the
SAME location as the "before" picture showine some common
outstandine landmark.
13 The Contractor shall fonnulate his billing invoice and submit it and
the pictures to the Department within one (1) week of work
completion on properties. The Department will expedite payments
due, to the best of its ability within the framework of Policy.
14 The Department will deduct errors from future billing upon
verification of Contractor error. Contractor will be provided an
itemized statement describing the deductions.
15 The City reserves the right to make awards to the lowest
resnonsible bidders or to reject all bids. Also the City reserves the
right to tenninate any or all contracts at any time, due to lack of
work, rate of progress of work, or violations of this Agreement.
16 In the opinion of the Director, if the Contractor is not progressing at
a satisfactory rate in work completion, the Director may tenninate
this Agreement and designate City crews or another City approved
Contractor to complete the work.
17 All equipment shall be made available if the Department prior to
award of contracts requests inspection. Unsatisfactory equipment
may be rejected. All equipment designated for the City Agreement
shall remain in that area until the work is completed. Equipment
will be inspected prior to the starting date of the Agreement and
will be subjected to Department spot checks during the season.
18 All trucks and trailers used for transportation of equipment must
comply with California State Department of Motor Vehicle
Regulations and the California Vehicle Code.
19 The Contractor shall be responsible for meeting all provisions
and/or regulations of the Occupational Health and Safety Act
(O.S.H.A.).
20 The Contractor shall be responsible for compliance of all
regulations established by the South Coast Air Quality Management
District. Contractor will be liable for any citations and/or fines
issued by such agency.
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21 Failure to meet equipment requirements may result in cancellation
of Agreement by Director.
LICENSES AND PERMITS:
The Contractor shall procure and keep in force during the term of
this agreement any and all licenses and permits required by any
Federal, State, or local laws or re ulations.
INSURANCE:
I The Contractor shall procure and maintain in force during the term
of this agreement, at its expense, public liability insurance in
companies and through brokers approved by the City, adequate to
protect against liability for damage claims arising in any manner out
of Contractor's operations in a minimum amount of $1 ,000,000.00
for each person injured, $1,000,000.00 for anyone occurrence.
Contractor shall provide to the City a certificate of insurance and an
additional insured endorsement which provides:
a. That the City is an additional insured on the Contractor's
Liability insurance.
b. The insurance company name, policy number, period of
Coverage and the amount of coverage.
c. That the City Clerk shall be notified at least thirty (30) days
prior to any cancellation or material change in Contractor's
coverage.
d. That the Contractor's insurance shall be primary to any
covera e the Ci ma have in effect.
WOKERS' COMPENSATION:
1. The Contractor shall provide Workers' Compensation coverage
for all employees employed pursuant to this agreement. The
Contractor shall provide to the City an insurance certificate
evidencin such insurance.
EOUlPMENT SPECIFICATION:
I. Tractors: The tractors used shall be of sufficient size and
Horsepower (55 draw bar HP minimum)
a. Disc: The discs shall be hydraulically controlled and of a
pull-type to permit efficient turning either right or left,
with not less than a maintained 20 inch diameter cutting
type blade. Discs shall be not less than 8 feet wide and
weighing at least 2,500.
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2. Mowers: Mowers shall be the flail or rotary type with a
minimum of 72 inches cutting swath. All-equipment shall be
maintained in a safe manner.
DETAILED PERFORMANCE SPECIFICATIONS:
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1. Discinsz: Parcels of land shall be disced whenever possible
with an approved offset disc at a sufficient depth to place the
weeds under the finished soil surface. All parcels, of (1) acre
and under shall be disced twice in such manner as to eliminate
all standing weeds completely, or as agreed. All firebreaks on
parcels over five (5) acres shall be disced twice, or as agreed,
to eliminate all standing weeds completely. If there are no
improved sidewalk and/or parkway, that portion of the land
usually designated as sidewalk and/or parkway is to be part of
the lot parcel ofland and shall not be considered separately.
All lots up to and including one (1) acre in area required to be
clean of all weeds and debris and to be maintained in an
acceptable condition. This includes parkways and the areas
adjacent to fences and walls that may require hand cleaning.
. (All lots having an area greater than five (5) acres will require
a one-hundred (100) foot firebreak around the perimeter, as a
minimum.
2 Mowing: When, in the opinion of the Director, weed
abatement by means of discing or harrowing is impractical, or
may prove unsatisfactory, weeds shall be cut to within two (2)
inches of the finished soil surface with an approved mechanical
mower. Mowing shall only be done when so directed by the
Director. The Director may also require the mowing of
tumbleweeds, wherever practical, in place of discing.
3 Handwork: the cleaning of parkways, areas adjacent to curbs,
walls, buildings, trees and fences in disrepair or broken, or lots
where tractor work is impractical due to size (too small), trees
or ~h, may require handwork. Contractor is to pick up all
litter and garbage. Removal of all large objects, i.e. tires,
furniture, etc. or major amounts of dumping will be performed
by Contractor with authorization from the Director. No
handwork shall be performed and/or invoiced without advance
written authorization the Director. No job requiring over three
(4) hours of handwork time will be done without prior approval
by the Director.
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ALL DIRT OR REFUSE DEPOSITED UPON PUBLIC
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SIDEWALKS, PRIVATE SIDEWALKS, CURBS AND I
GUTTERS RESULTING FROM THE CONTRACTOR'S I
OPERATIONS SHALL BE REMOVED BY
. CONTRACTOR AS THE WORK PROGRESSES AND i
MUST BE LEFT CLEAN AND SANITARY PRIOR TO
CONTRACTOR LEAVING THE SITE.
4 Minimum EouiDment for Hand Cleanilll! Crew:
a. Crews shall consist of two (2) workers. Crew enlargement
may only occur with advance approval of the Director.
b. Two (2) power weed cutters and two (2) power gas
mowers.
c. Hand tools and safety equipment as needed, rake, hoe,
broom, etc.
d. Trash removal truck(s)
e. Fire extinguisher or back-pack hand pump fire
extinguisher
QUANTITY OF WQRKlMINIMUM QF EQUIPMENT:
1. The estimated quantities of work, indicated in this proposal are
approximate, and taken from statistics, being given solely as a
basis of comparison of bids. The City does not expressly nor by
implication, agree that the actual amount of work will correspond
and reserves the right to increase or decrease the amount of any
item or portion of the work, or to omit portions of the work as may
be deemed necessary by the Director.
2. Contractors must be able to provide the prescribed minimums for
equipment and operators.
3. No work shall be performed until authorized by the Director.
4. Equipment/Operators:
3 Tractors
3 Discs I
3 Mowers
3 Operators I
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5. A minimum of five senarate hand crews, eQuipment, and I
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operators shall be maintained and available for assignment for City
proj ects at all times during this Agreement.
6.
Contractor must comply with 4 and 5 above, in order to bid for
50% of the work. If the Contractor intends to bid 100% ofthe
work, the minimum equipment/operator 4 and 5 above, must be
doubled in order to qualify.
LOCAL VENDOR PREFERENCE:
A five percent (5%) preference shall be granted to local vendors. A
local vendor is defined as businesses and/or organizations which
posses a fixed office or distribution point with at least one owner or
employee located within the City, and possessing all valid and current
permits, and licenses required to transact such business, including, but
not limited to a City Business Registration Certificate.
To qualify for the preference, local bidders must submit proof of the
address of its principal place of business and a copy of their current
City Business Tax Certificate.
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For the purpose of applying this order, the term "Contractual Services"
shall be determined to include the following type of services.
Contractual Services are:
. Any service where the product of the service consists of
intellectual property.
For example, professional consultants, architects, landscape
architects, engineering, environmental, land surveying,
construction project management, auditors, advisors, management
consultants, financial consultants, and legal consultants.
. Any service where the primary portion of the service consists of
labor.
For example: maintenance and repair of City vehicles, buildings,
equipment, and property; service agreements, technical support.
Services not included are: installation of equipment- when the cost is
incidental to the price of the equipment, and installation IS not
classified as a "public works project."
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OUALlFICIATIONS. RELATED EXPERIENCE AND
REFERENCES OF BIDDER:
This section of the bid should establish the ability of Bidder to i
satisfactorily perform the required work by reasons of experience in
performing work of a similar nature; demonstrated competence in the
services to be provided; strength and stability of the firm; staffing
capability; work load; record of meeting schedules on similar projects;
and supportive client reference.
Bidder shall:
II Provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
II Describe the firm's experience in performing work of a similar i
nature to that solicited in this RFQ: I
II Provide, as a minimum, three (3) written testimonials as reference
from current customers of a similar size as the City as related
experience; reference shall furnish the name, title, address and
telephone number of the person(s) a the client organization who is
most knowledgeable about the work performed.
Bid prices must be valid for 120 days due to processing requirements. .-
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Exhibit "B"
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement (the "Agreement") is entered into this _ day of
September, 2008, (the "Effective Date") by and between Scott Tractor Service ("Vendor")
and the City of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the City to contract for the discing, mowing and handwork relating to
weed abatement on vacant lots throughout the City; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for such services; and, .
WHEREAS, Vendor was the lowest and best bidder for the provision of such services;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, City hereby engages the services of Vendor to provide
those services as set forth in RFQ F-08-27, attached hereto, marked Attachment "I" and
incorporated herein by this reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. The total amount for services rendered under this Agreement shall not exceed
$65,000.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue for a period of one
(I) year unless previously terminated as provided herein. This Agreement may be extended for
three (3) additional one (1) year extensions at the City's sole discretion.
The City reserves and has the right and privilege of canceling, suspending or abandoning
the execution of all or any part of the work contemplated by this Agreement, for any reason, with
or without cause, at any time, by providing written notice to Vendor. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of
such termination, Vendor shall immediately stop rendering services under this Agreement unless
directed otherwise by the City.
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4.
INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the. accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
4. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notify City of any change or termination in the policy.
5. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
6. INDEPENDENT CONTRACTOR.
Vendor shall perform work tasks provided by this Agreement, but for all intents and
purposes Vendor shall be an independent contractor and not an agent or employee of the City.
Vendor shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Vendor and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder.
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7.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature legally required of Vendor to practice
its business or profession.
8. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
Director of Code Enforcement
20lB North "E" Street, Ste. 201
San Bernardino, CA 92401
Telephone: (909) 384-5205
Scott Tractor Service
5128 El Rivino Road
P.O. Box 478
Bloomington, CA 92316-0478
9. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
10. ASSIGNMENT.
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the Vendor's interest in this Agreement without City's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termin;ition of this Agreement. Regardless of
City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to
perform all other obligations to be performed by Vendor hereunder for the term of this
Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated eit4er 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,
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Riverside Division. The aforementioned choice of venue IS intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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[SIGNATURE PAGE FOLLOWS I
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2008
SCOTT TRACTOR SERVICE.
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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ATTACIIMElIT "1"
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City of San Bernardino
RFQ F-08-27
General Provisions and Specifications for
Weed Abatement - Various Locations
ITEM DESCRIPTION
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements
when not acceptable. State" Acceptable" if requirements are agreeable as set forth on left-hand
column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model of all
components when not exactly as specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
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FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
DEFINITIONS:
1. "Director" means the Code Enforcement Director or his duly
authorized representative.
2. "Department" means the City of San Bernardino Code Enforcement
Department.
3. "Approved Disposal Site" means any San Bernardino County
landfill, scrap metal dealer, or other licensed disposal facility;
however, prior approval must be obtained from the Director before
any private disposal facility can be used.
4. "City" means the City of San Bernardino.
5. "Contractor" means the Contractor, its employees, agents or
designees.
TERMS OF CONTRACT:
The term of this agreement (the "Agreement") shall be effective July 1,
2008 through June 30, 2009 plus (3) three single year extensions, on a
year to year basis.
o In order to extend this Agreement, the City shall provide the Contractor
written notice of its intent to extend the Agreement thirty (30) days
prior to the end of the AlIJ'eement vear. The Contractor alUees to
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provide the services described in the attached proposal for said
additional periods, should the CITY give the required notice.
:
Upon receipt of City's intent to extend the Agreement, Contractor may
request in writing that the item prices established by this Agreement or
any extension thereof, may be adjusted by an amount equal to the
increase or decrease, during the previous twelve (12) months, in the
Riverside, San Bernardino All Urban Consumers Index. To determine
the percentage increase or decrease, the term "previous twelve months"
shall mean the twelve (12) month period ending June 30th of the then
current year, or if not available, the prior month.
I. The City may utilize two or more Contractors for the services
subject to this Agreement, which will be broken into zones as
designated by the Director.
2. The Contractor or Contractors shaH perform the work specified
under the general direction of the Director. In general, work will
consist of two (2) abatement seasons.
SPECIAL TERMINOLOGY AND CONDmONS:
I. Unit desil!Ilation for discin2. mowin2 and Scraoin2:
Class A -
Class B -
Single parcels up to and including one-half acre.
Single parcels over one-half acre, up to and including one
(I) acre.
Single parcels over one (1) acre, up to and including ten
(10) acres.
Single parcels over ten (10) acres.
One hundred (100) foot firebreaks on parcels over five (5)
acres only when there are no structures on anyone of the
four sides.
Class C -
Class D -
Class E -
2. Firebreaks: Class E - Some parcels wiH require only firebreaks to
comply with the standards of the Department. When firebreaks are
allowed, only the area disced will be billed. If the amount of
acreage which has been disced is less than one (1) acre, the fee will
be the bid price of Class B; ifone (I) to ten (10) acres, Class C; if
over ten (10) acres, Class D.
3. Partial Cleanin2: Some parcels wiH require only partial cleaning.
That area which is cleaned will be measured and the applicable unit
rate will apply.
4. Parcel Mans: The Department will provide the Contractor with
weed abatement parcel maps. A list of parcels that could require
cleaning, and the type of cleaning necessary. The maps remain the
property of the Department and must be returned in good condition.
Replacement of damaged or maps not turned in will be charged to
the Contractor.
GENERAL CONDITIONS:
1 The Contractor and the agents and employees of the Contractor, in
the performance of this agreement, shall act in an independent
capacity and not as officers or employees or agents of the City.
2 The Department, its officers and employees, shall not be liable for
any loss, damage, or injury of any kind or nature as may arise out of
any acts, duties, or obligations on the part of the Contractor, his
agents, or employees, under this Agreement; nor for any materials
or equipment used in performing the work, nor for injury or damage
to any person or persons, either workmen or the public; nor for
damage to adjoining property from any cause whatsoever during the
progress of the work or any time before final acceptance.
3 Contractor shall indemnify and save harmless the Department, its
officials and employees from any suits, claims or actions brought by
any person or persons for, or on account of any injuries or damages
sustained or arising in the consequence thereof.
4 The Contractor shall process and consider all claims for damage or
injury in a courteous manner and as promptly, as conditions
warrant.
5 The Contractor shall promptly answer inquiries and complaints of
the Department, of private property owners, or citizens, relative to
any work charges, damages or any other questions that may arise as
a result of weed abatement operations by the Contractor.
6 The Contractor shall notify the Department by phone before 4:00
p.m. the same working day or by 8:00 a.m. the next working day in
the event that fixtures or utilities are damaged or destroyed by the
Contractor. Contractor will then follow up the phone call with a
written statement to be submitted with the billing. When the
Contractor, or responsible person is unavailable to rectify the
situations, the Department shall make necessary arrangements to
repair damaged or destroyed items if said damaged or destroyed
items affect the health and/or well-being of property owner or
adjacent property owners. Contractor is responsible for correcting,
replacing, or paying all damages to property, fixtures, or utilities,
whether the Contractor, Pro e Owner, or Ci does re airs.
7 The Contractor shall be fully informed of and comply with all
existing and future State and/or Federal laws and all City
ordinances and regulations of the City which in any manner affect
those engaged or employed in the work or the materials used in the
work or which, in any way, affect the conduct of the work, and all
such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same.
8 The Director shall decide all questions which may arise as to the
quality or acceptability of work performed, and as to the manner of
performance and rate of progress of the work and all questions
which arise as to the interpretation of the specifications. All work
performed by the Contractor shall be done to the satisfaction of the
Director.
9 The unit of measurement for the Agreement work shall be the unit
or parcel class as specified in the Agreement and bid. Payment for
abating parcels of land will be made on the unit or parcel class basis
per Agreement.
10 All equipment and tools shall be furnished, fully operable,
operated, and maintained by the Contractor. There will be no extra
charge made to the Department for the same. All fuel, materials,
supplies, etc., to perform the Agreement shall be furnished at no
extra charge to the Department. Contractor shall have reserve
equipment available within a twenty-four (24) period or a time set
by the Director.
II All tractors, regardless of size, shall be equipped with an approved
spark arrestor and either a 2 1/2 gallon pressurized water-type fire
extinguisher or a back-pack hand pump fire extinguisher with a
minimum capacity of five (5) gallons. Department staffmay spot
check tractors to ensure compliance.
12 Before and after any parcel is abated, the Contractor shall take two .
(2) to four (4) clear and Drecise Polaroid. 35mm or dilrital dated
Dictures in color of the area which tractor and/or handwork is
abated, demonstrating the need for abatement. Contractor shall
furnish his own camera and film. Contractor is responsible for
furnishing all pictures to the Department at its sole cost and
expense. These pictures shall be taken immediately before and after
abatement work is done and submitted to the Department, together
with the billing for the work performed. If Dic:tares do Dot show
iustification for chaMe. payment will not be made. Each picture
shall include the date picture was taken and the parcel number or
numbers it re resents. Each "after" icture shall be taken from the
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SAME location as the "before" picture showinl!: some common
outstandinl!: landmark.
13 The Contractor shall formulate his billing invoice and submit it and
the pictures to the Department within one (1) week of work
completion on properties. The Department will expedite payments
due, to the best of its ability within the framework of Policy.
14 The Department will deduct errors from future billing upon
verification of Contractor error. Contractor will be provided an
itemized statement describing the deductions.
15 The City reserves the right to make awards to the lowest
resDonsible bidders or to reject all bids. Also the City reserves the
right to terminate any or all contracts at any time, due to lack of
work, rate of progress of work, or violations of this Agreement.
16 In the opinion of the Director, if the Contractor is not progressing at
a satisfactory rate in work completion, the Director may terminate
this Agreement and designate City crews or another City approved
Contractor to complete the work.
17 All equipment shall be made available if the Department prior to
award of contracts requests inspection. Unsatisfactory equipment
may be rejected. All equipment designated for the City Agreement
shall remain in that area until the work is completed. Equipment
will be inspected prior to the starting date of the Agreement and
will be subjected to Department spot checks during the season.
18 All trucks and trailers used for transportation of equipment must
comply with California State Department of Motor Vehicle
Regulations and the California Vehicle Code.
19 The Contractor shall be responsible for meeting all provisions
and/or regulations of the Occupational Health and Safety Act
(O.S.H.A.).
20 The Contractor shall be responsible for compliance of all
regulations established by the South Coast Air Quality Management
District. Contractor will be liable for any citations and/or fmes
issued by such agency.
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21 Failure to meet equipment requirements may result in cancellation
of Agreement by Director.
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LICENSES AND PERMITS:
1 The Contractor shall procure and keep in force during the tenn of
this agreement any and all licenses and permits required by any
Federal, State, or local laws or re ulations.
INSURANCE:
1 The Contractor shall procure and maintain in force during the tenn
of this agreement, at its expense, public liability insurance in
companies and through brokers approved by the City, adequate to
protect against liability for damage claims arising in any manner out
of Contractor's operations in a minimum amount of $1 ,000,000.00
for each person injured, $1,000,000.00 for anyone occurrence.
Contractor shall provide to the City a certificate of insurance and an
additional insured endorsement which provides:
a. That the City is an additional insured on the Contractor's
Liability insurance.
b. The insurance company name, policy number, period of
Coverage and the amount of coverage.
c. That the City Clerk shall be notified at least thirty (30) days
prior to any cancellation or material change in Contractor's
coverage.
d.
WOKERS' COMPENSATION:
I. The Contractor shall provide Workers' Compensation coverage
for all employees employed pursuant to this agreement. The
Contractor shall provide to the City an insurance certificate
evidencin such insurance.
EOUlPMENT SPECIFICATION:
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1. Tractors: The tractors used shall be of sufficient size and
Horsepower (55 draw bar HP minimum)
a. Disc: The discs shall be hydraulically controlled and of a
pull-type to pennit efficient turning either right or left,
with not less than a maintained 20 inch diameter cutting
type blade. Discs shall be not less than 8 feet wide and
weighing at least 2,500.
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2. Mowers: Mowers shall be the flail or rotary type with a
minimum of 72 inches cutting swath. All-equipment shall be
maintained in a safe manner.
DETAILED PERFORMANCE SPECIFICATIONS:
I. Discinl!: Parcels of land shall be disced whenever possible
with an approved offset disc at a sufficient depth to place the
weeds under the finished soil surface. All parcels, of (1) acre
and under shall be disced twice in such manner as to eliminate
all standing weeds completely, or as agreed. All firebreaks on
parcels over five (5) acres shall be disced twice, or as agreed,
to eliminate all standing weeds completely. If there are no
improved sidewalk and/or parkway, that portion of the land
usually designated as sidewalk and/or parkway is to be part of
the lot parcel of land and shall not be considered separately.
All lots up to and including one (1) acre in area required to be
clean of all weeds and debris and to be maintained in an
acceptable condition. This includes parkways and the areas
adjacent to fences and walls that may require hand cleaning.
(All lots having an area greater than five (5) acres will require
a one-hundred (100) foot firebreak around the perimeter, as a
minimum.
2 Mowinl!: When, in the opinion of the Director, weed
abatement by means of discing or harrowing is impractical, or
. may prove unsatisfactory, weeds shall be cut to within two (2)
inches of the finished soil surface with an approved mechanical
mower. Mowing shall only be done when so directed by the
Director. The Director may also require the mowing of
tumbleweeds, wherever practical, in place of discing.
3 Handwork: the cleaning of parkways, areas adjacent to curbs,
walls, buildings, trees and fences in disrepair or broken, or lots
where tractor work is impractical due to size (too small), trees
or trash, may require handwork. Contractor is to pick up all
litter and garbage. Removal of all large objects, i.e. tires,
furniture, etc. or major amounts of dumping will be performed
by Contractor with authorization from the Director. No
handwork shall be performed and/or invoiced without advance
written authorization the Director. No job requiring over three
(4) hours of handwork time will be done without prior approval
by the Director.
ALL DIRT OR REFUSE DEPOSITED UPON PUBLIC
SIDEWALKS, PRIVATE SIDEWALKS, CURBS AND
GUTTERS RESULTING FROM THE CONTRACTOR'S
OPERATIONS SHALL BE REMOVED BY
CONTRACTOR AS THE WORK PROGRESSES AND
MUST BE LEFT CLEAN AND SANITARY PRIOR TO
CONTRACTOR LEAVING THE SITE.
4 Minimum EauiDment for Hand Cleaninl! Crew:
a. Crews shall consist of two (2) workers. Crew enlargement
may only occur with advance approval of the Director.
b. Two (2) power weed cutters and two (2) power gas
mowers.
c. Hand tools and safety equipment as needed, rake, hoe,
broom, etc.
d. Trash removal truck(s)
e. Fire extinguisher or back-pack hand pump fire
extinguisher
QUANTITY OF WQRKlMINIMUM OF EQUIPMENT:
1. The estimated quantities of work, indicated in this proposal are
approximate, and taken from statistics, being given solely as a
basis of comparison of bids. The City does not expressly nor by
implication, agree that the actual amount of work will correspond
and reserves the right to increase or decrease the amount of any
item or portion of the work, or to omit portions of the work as may
be deemed necessary by the Director.
2. Contractors must be able to provide the prescribed minimums for
equipment and operators.
3. No work shall be performed until authorized by the Director.
4. Equipment/Operators:
3 Tractors
3 Discs
3 Mowers
3 Operators
5. A minimum of five se arate hand crews, e ui ment, and
operators shall be maintained and available for assignment for City
projects at all times during this Agreement.
6. Contractor must comply with 4 and 5 above, in order to bid for
50% of the work. If the Contractor intends to bid 100% of the
work, the minimum equipment/operator 4 and 5 above, must be
doubled in order to qualify.
LOCAL VENDOR PREFERENCE:
A five percent (5%) preference shall be granted to local vendors. A
local vendor is defined as businesses and/or organizations which
posses a fixed office or distribution point with at least one owner or
employee located within the City, and possessing all valid and current
permits, and licenses required to transact such business, including, but
not limited to a City Business Registration Certificate.
To qualify for the preference, local bidders must submit proof of the
address of its principal place of business and a copy of their current
City Business Tax Certificate.
For the purpose of applying this order, the term "Contractual Services"
shall be determined to include the following type of services.
Contractual Services are:
· Any service where the product of the service consists of
. intellectual property.
For example, professional consultants, architects, landscape
architects, engineering, environmental, land surveying,
construction project management, auditors, advisors, management
consultants, financial consultants, and legal consultants.
. Any service where the primary portion of the service consists of
labor.
For example: maintenance and repair of City vehicles, buildings,
equipment, and property; service agreements, technical support.
Services not included are: installation of equipment- when the cost is
incidental to the price of the equipment, and installation is not
classified as a "public works project."
OUALIFICIATIONS. RELATED EXPERIENCE AND
REFERENCES OF BIDDER:
This section of the bid should establish the ability of Bidder to
satisfactorily perform the required work by reasons of experience in
performing work of a similar nature; demonstrated competence in the
services to be provided; strength and stability of the firm; staffing
capability; work load; record of meeting schedules on similar projects;
and supportive client reference.
Bidder shall:
II Provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
II Describe the firm's experience in performing work of a similar
nature to that solicited in this RFQ:
II Provide, as a minimum, three (3) written testimonials as reference
from current customers of a similar size as the City as related
experience; reference shall furnish the name, title, address and
telephone number of the person(s) a the client organization who is
most knowledgeable about the work performed.
Bid prices must be valid for 120 days due to processing requirements.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 9, 2008
TO:
Wayne Harp, Interim Director
Code Enforcement
FROM:
Margaret Fedor, Executive Assistant to the Director
RE:
Transmitting Documents for Signature - Resolution 2008-350
At the Mayor and Common Council meeting of September 2, 2008, the City of San Bernardino
adopted Resolution No. 2008-350 - Resolution of the City of San Bernardino authorizing the
execution of two (2) agreements and issuance of purchase orders with three (3) one-year
extensions at the City's option to Larry Jacinto Farming and Scott Tractor Service relating to
discing and mowing of vacant properties for weed abatement services.
Attached are a total of two (2) original agreements with four (4) duplicate original agreements
(Three each for "Larry Jacinto Farming" and "Scott Tractor Service."). Please obtain signatures
in the appropriate location and return the ORIGINAL agreements to the Margaret Fedor in the
Citv Clerk's Office as soon as possible. Please keep the fully executed copies for your records
and for the other party.
Please be advised that the resolution and contract will be null and void if not executed by
October 31, 2008.
Thank you.
Signed:
Date: