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HomeMy WebLinkAbout32-33- Purchasing CITY OF SAN BERK )RDINO - REQUEST OR COUNCIL ACTION From: Lean R. Meech, Purchasing Agent Subject: Annual/Weed Abatement Services Dept: Purchasing Date: August 6, 1993 F-94-03 Synopsis of Previous Council action: None Recommended motion: Adopt Resolutions. Dean 1 R C Signature Contact person: Dean R. Meech, Purchasing Agent Phone: 384-5085 Supporting data attached: YeS Ward: N/A FUNDING REQUIREMENTS: Amount: $150,000.00 Source: (Acct. No.) 001-401-53090 Acct. Description) Weed Abatement Finance- Council Notes: 75-0262 Agenda Item No LV—^ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT F-94-03 The proposed purchase is for annual weed abatement services to be utilized in daily operations by the Public Services/Street Department. At the request of the department, appropriate specifications were prepared and published and furnished to area suppliers. Bids were publicly opened and declared on June 17, 1993 . There is no total bid amount. There is an amount bid for certain tasks to be performed. They range from $35. 00 to $45. 00 per task. The Purchasing Agent checked with the City Attorney regarding the feasibility and legality of establishing a cap on the amount the City would pay for each of these tasks. The reason for this cap was the Public Services Department wanted more than one vendor for this service and would like to maintain like rates for each. The City Attorney was in agreement with the approach. Both vendors have agreed to this (see acceptance letters attached) . These contractors will be allowed draw-down amounts for their service. The Public Services Department will issue instructions to proceed and verify billing prior to sending to Finance for payment. The contractors have been allocated parcels by Public Services so as to equalize the workload between the two. i The vendors have agreed to this allocation of parcels and the rates involved (see letters attached) . Therefore, it is recommended that the bid for this service be accepted for contract. The funding is in the 93/94 budget. Account Number: 001-401-53090 Total Amount: $150, 000. 00 Manuel P. Moreno, Jr. Dean R. Meech, Director of Public Services Purchasing Agent 75-0264 C I T Y O F 5an Bernardino P U R C H A S I N G & S T O R E S D I V I S I O N D E A N R M E E C H P U R C H A S I N G A G E N T June 29, 1993 Darrel Barbarick/D & J Discing 40675 Norman Road Beaumont, CA 92223 Dear Sir: Your bid on F-94-03 (Annual Weed Abatement Services) was valid and acceptable in most all areas. However, the City of San Bernardino will pay no more than the set fees listed for the following items: Weed Abatement Work Discing Mowing-Spring Mowing-Fall Scraping Class A: Single parcels, any size up to and including 1/2 acre. Complete abatement $35.00 $35. 00 $38. 00 $45. 00 Class B• Single parcels over 1/2 up to and including 1 acre. Complete abatement. $35. 00 $35. 00 $38. 00 $45. 00 Class C• Acreage over 1 acre up to and including 10 acres. Complete abatement. $35. 00 $35. 00 $38. 00 $45. 00 Class D• Acreage over 10 acres. Complete abatement. $35. 00 $35. 00 $38. 00 $45.00 PRIDE .4( 2 5 0 W E S T C L U S T E R S T R E E T S A N BE R N A R D I NO . IN PROGRESS C A L I F O R N I A 9 2 4 0 6 7 1 4 / 3 ! • - 5 0 ! 5 N Class E Firebreaks shall be permitted on parcels over five (5) acres. Fire- breaks shall be 100 feet around perimeter with 50 foot breaks dividing the parcel so that no portion undisced exceeds 1 acre. Complete abatement. $35. 00 $35. 00 $38. 00 $45. 00 Handwork: All tasks in units of 1/2 hour. Minimum crew shall consist of at least (2) men. Task to be performed by vendor: A. Handwork (labor and tools) Trash removal truck and dump fees to be included 1/2 hour charge: $35.00/30 min B. Parkways when separate from parcel: $30. 00/30 min C. Parkway when separate from parcel by sidewalk: $30. 00/30 min If you consider this fee schedule acceptable I would like to move forward in accepting the bid for contract. Due to the volume of work within the City and the time constraints on the Public Services Department, you will not be the exclusive vendor. The City has choosen to utilize two vendors. Please acknowledge your acceptance of the San Bernardino fee rates by signing below and returning this memo as soon as possible. Thank you. Dean R. Meech, Purchasing Agent Vendor- Acknowledgement and Acceptance: Date -2- i I . 1993-94 FISCAL YEAR The following assessor's parcel books will be assigned to Darrel Barbarick/D & J Discing for the 1993-94 weed abatement contract: 134 155 135 261 137 262 138 265 143 266 144 268 145 269 146 271 147 272 148 273 149 285 150 286 151 287 152 288 153 1199 154 1993-94 FISCAL YEAR The following assessor's parcel books will be assigned to H & H Enterprises for the 1993-94 weed abatement contract: 136 274 139 278 140 279 141 280 142 281 164 283 290 CITY OF ,IUt23199 3 PSI���� S`' L�ICES �n bernardino P U R C H A S I N G 8 S T O R E S D I V I S 1 0 N D E A N R M E E C H P U R C H A S I N G A G E N T June 29, 1993 H & H Enterprises 5256 Notnil Court San Bernardino, CA 92407 Dear Sir: Your bid on F-94-03 (Annual Weed Abatement Services) was valid and acceptable in most all areas. However, the City of San Bernardino will pay no more than the set fees listed for the following items: Weed Abatement Work Discing Mowing-Spring Mowing-Fall Scraping Class A• Single parcels, any size up to and including 1/2 acre. Complete abatement $35. 00 $35. 00 $38. 00 $45. 00 Class B• Single parcels over 1/2 up to and including 1 acre. Complete abatement'. $35. 00 X35. 00 $38 . 00 $45. 00 Class C• Acreage over 1 acre up to and including 10 acres. Complete abatement. $35. 00 $35. 00 $38 . 00 $45. 00 Class D• Acreage over 10 acres. Complete abatement. $35. 00 $35. 00 $38. 00 $45. 00 PRIDE .4( IN PROGRESS 2 5 0 W E S T C L U S T E R S T R E E T S A N 8 E R N A R D I N 0 C A L I F O R N I A 9 2 4 0 8 7 1 4 / 7 8 4 - 5 0 8 5 Class E Firebreaks shall be permitted on parcels over five (5) acres. Fire- breaks shall be 100 feet around perimeter with 50 foot breaks dividing the parcel so that no portion undisced exceeds 1 acre. Complete abatement. $35. 00 $35. 00 $38. 00 $45. 00 Handwork: All tasks in units of 1/2 hour. Minimum crew shall consist of at least (2) men. Task to be performed by vendor: A. Handwork (labor and tools) Trash removal truck and dump fees to be included 1/2 hour charge: $35. 00/30 min B. Parkways when separate from parcel: $30. 00/30 min C. Parkway when separate from parcel by sidewalk: $30. 00/30 min If you consider this fee schedule acceptable I would like to move forward in accepting the bid for contract. Due to the volume of work within the City and the time constraints on the Public Services Department, you will not be the exclusive vendor. The City has choosen to utilize two vendors. Please acknowledge your acceptance of the San Bernardino fee rates by signing below and returning this memo as soon as possible. Thank you. Dean R. Meech, Purchasing Agent i Vendor Ack owledgement and Acceptance: 71v- �2 Date -2- 1993-94 FISCAL YEAR The following assessor's parcel books will be assigned to Darrel Barbarick/D & J Discing for the 1993-94 weed abatement contract: 134 155 135 261 137 262 138 265 143 266 144 268 145 269 146 271 147 272 148 273 149 285 150 286 151 287 152 288 153 1199 154 So Ob 1993-94 FISCAL YEAR The following assessor's parcel books will be assigned to H & H Enterprises for the 1993-94 weed abatement contract: 136 274 139 278 140 279 141 280 142 281 164 283 290 a 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 DARREL BARBARICK/D&J DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. 41 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . The Mayor is hereby authorized and directed to 7 execute, on behalf of said City, an agreement between the City of 8 San Bernardino and Darrel Barbarick/D&J Discing, relating to 9 discing of vacant properties for weed abatement purposes. 10 SECTION 2. The authorization to execute the above- 11 referenced Agreement is rescinded if the parties to the Agreement 12 fail to execute it within sixty ( 60) days of the passage of this 13 Resolution. 14 I HEREBY CERTIFY that the foregoing Resolution was duly 15 adopted by the Mayor and Common Council of the City of 16 San Bernardino at a meeting thereof, held on the 17 day of 1993, by the following vote, to-wit: 18 Council Members: AYES NAYS ABSTAIN ABSENT 19 NEGRETE 20 CURLIN 21 HERNANDEZ 22 OBERHELMAN 23 OFFICE VACANT 24 POPE-LUDLAM 25 MILLER 26 27 City Clerk 28 DAB/js [DJ.Res] 1 August 30, 1993 en i 1 RESOLUTION. . .AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DARREL BARBARICK/D&J 2 DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. 3 The foregoing Resolution is hereby approved this day 4 of 1993. 5 6 Tom Minor, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, 10 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/js [DJ.Res] 2 August 30, 1993 i a 1 AGREEMENT 2 3 THIS AGREEMENT is entered into as of this day 4 of , 1993, by and between DARREL BARBARICK/D & J 5 DISCING ( "CONTRACTOR" ) and the CITY OF SAN BERNARDINO ( "CITY" ) . 6 WITNESSETH: 7 A. WHEREAS, CITY has need for discing of vacant properties 8 within the CITY for weed abatement purposes; and, 9 B. WHEREAS, CONTRACTOR is competent, experienced and able 10 to perform said services; and, 11 C. WHEREAS, CONTRACTOR has provided the lowest responsible 12 bid for the providing of such services; 13 NOW THEREFORE, the parties hereto agree as follows: 14 1. CONTRACTOR shall furnish weed abatement services to CITY 15 in accordance with Bid Specification F-94-03 for the parcel books 16 shown on Exhibit "B" attached hereto and incorporated herein. 17 2. Over the term of this Agreement, CONTRACTOR shall be 18 paid for such services a total amount not to exceed $150,000.00 19 determined in accordance with the fee schedule shown on Exhibit 20 "A" attached hereto and incorporated herein. 21 3. CONTRACTOR shall provide the Public Services Department 22 with a monthly invoice in arrears and shall be provided payment 23 within thirty (30) days therefrom. CITY retains the right to 24 challenge all or any part of an invoice. 25 4. The term of this Agreement shall be one ( 1 ) year from 26 the date first above shown. 27 5. CONTRACTOR agrees to defend, indemnify, save and hold 28 CITY, its officers, agents and employees harmless from any cliams DAB/bg [DJ.Agr] 1 August 30, 1993 1 or suits that may be brought by third persons on account of 2 personal injury, death or damage to property, or a property or 3 business or personal interest, arising from any negligent act or 4 omission by contractor while performing services under this 5 Agreement. 6 6. While not restricting or limiting the foregoing, during 7 the term of this Agreement, contractor shall maintain in effect 8 policies of comprehensive public, general and automobile liability 9 insurance, in the amount of $1,000, 000.00 combined single limit, 10 and statutory workers' compensation coverage, and shall file 11 copies of said policies with the CITY'S Risk Manager prior to 12 undertaking any work under this Agreement. 13 7• CONTRACTOR shall perform work tasks as directed by the 14 Public Services Department, but for all intents and purposes 15 contractor shall be an independent contractor and not an agent or 16 employee of the CITY. 17 8. In the performance of this Agreement and in the hiring 18 and recruitment of employees, contractor shall not discriminate on 19 the basis of rece, creed, color, religion, sex, physical handicap, 20 ethnic background or country of origin. 21 9. Any notice to be given pursuant to this Agreement shall 22 be deposited with the United States Postal Service, postage 23 prepaid and addressed as follows: 24 TO THE CITY: Public Services Director 300 North "D" Street 25 San Bernardino, CA 92418 26 TO THE CONTRACTOR: Darrel Barbarick/D & J Discing 40675 Norm Road 27 Beaumont, CA 92223 28 DAB/bg [DJ.Agr] 2 August 30, 1993 1 Nothing in this paragraph shall be construed to prevent the 2 giving of notice by personal service. 3 IN WITNESS WHEREOF, the parties hereto have executed this 4 Agreement on the day and date first above shown. 5 CITY OF SAN BERNARDINO 6 By: 7 Tom Minor, Mayor 8 9 ATTEST: D & J DISCING 10 By: 11 Rachel Clark, City Clerk Darrel Barbarick 12 13 Approved as to form and legal content: 14 JAMES F. PENMAN, 15 Cit Attorney 16 By: 17 18 19 20 21 22 23 24 25 26 27 28 DAB/bg [DJ.Agr] 3 August 30. 1993 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 31 H&H ENTERPRISES, RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute, on behalf of said City, an agreement between the City of 8 San Bernardino and H&H Enterprises, relating to discing of vacant 9 properties for weed abatement purposes. 10 SECTION 2. The authorization to execute the above- 11 referenced Agreement is rescinded if the parties to the Agreement 12 fail to execute it within sixty ( 60) days of the passage of this 13 Resolution. 14 I HEREBY CERTIFY that the foregoing Resolution was duly 15 adopted by the Mayor and Common Council of the City of 16 San Bernardino at a meeting thereof, held on the I 17 day of 1993, by the following vote, to-wit: 18 Council Members: AYES NAYS ABSTAIN ABSENT 19 NEGRETE 20 CURLIN 21 HERNANDEZ ! 22 OBERHELMAN 23 OFFICE VACANT 24 POPE-LUDLAM 25 MILLER 26 i 27 City Clerk 28 DAB/js [H&H.Res] 1 August 31. 1993 1 RESOLUTION. . .AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H&H ENTERPRISES, RELATING 2 TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. 3 The foregoing Resolution is hereby approved this day 4 of 1993. 5 6 Tom Minor, Mayor City of San Bernardino 7 Approved as to form 8 and legal content: 9 JAMES F. PENMAN, City Attorney 10 n 11 By: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/is [H&H.Res] 2 August 31, 1993 1 AGREEMENT 2 3 THIS AGREEMENT is entered into as of this day 4 of F 1993, by and between H & H ENTERPRISES 5 ( "CONTRACTOR" ) and the CITY OF SAN BERNARDINO ( "CITY" ) . 6 WITNESSETH: 7 A. WHEREAS, CITY has need for discing of vacant properties 8 within the CITY for weed abatement purposes; and, 9 B. WHEREAS, CONTRACTOR is competent, experienced and able 10 to perform said services; and, 11 C. WHEREAS, CONTRACTOR has provided the lowest responsible 12 bid for the providing of such services; 13 NOW THEREFORE, the parties hereto agree as follows: 14 1. CONTRACTOR shall furnish weed abatement services to CITY 15 in accordance with Bid Specification F-94-03 for the parcel books 16 shown on Exhibit "B" attached hereto and incorporated herein. 17 2. Over the term of this Agreement, CONTRACTOR shall be 18 paid for such services a total amount not to exceed $150,000.00 19 determined in accordance with the fee schedule shown on Exhibit 20 "A" attached hereto and incorporated herein. 21 3. CONTRACTOR shall provide the Public Services Department 22 with a monthly invoice in arrears and shall be provided payment 23 within thirty (30) days therefrom. CITY retains the right to 24 challenge all or any part of an invoice. 25 4. The term of this Agreement shall be one ( 1 ) year from 26 the date first above shown. 27 5. CONTRACTOR agrees to defend, indemnify, save and hold 28 CITY, its officers, agents and employees harmless from any cliams DAB/bg [H&H.Agr] 1 August 30, 1993 1 or suits that may be brought by third persons on account of 2 personal injury, death or damage to property, or a property or 3 business or personal interest, arising from any negligent act or 4 omission by contractor while performing services under this 5 Agreement. 6 6. While not restricting or limiting the foregoing, during 7 the term of this Agreement, contractor shall maintain in effect 8 policies of comprehensive public, general and automobile liability 9 insurance, in the amount of $1,000,000.00 combined single limit, 10 and statutory workers' compensation coverage, and shall file 11 copies of said policies with the CITY' S Risk Manager prior to 12 undertaking any work under this Agreement. 13 7• CONTRACTOR shall perform work tasks as directed by the 14 Public Services Department, but for all intents and purposes 15 contractor shall be an independent contractor and not an agent or 16 employee of the CITY. 17 8. In the performance of this Agreement and in the hiring 18 and recruitment of employees, contractor shall not discriminate on 19 the basis of rece, creed, color, religion, sex, physical handicap, 20 ethnic background or country of origin. 21 9. Any notice to be given pursuant to this Agreement shall 22 be deposited with the United States Postal Service, postage 23 prepaid and addressed as follows: 24 TO THE CITY: Public Services Director 300 North "D" Street 25 San Bernardino, CA 92418 26 TO THE CONTRACTOR: H & H Enterprises 5256 Notnil Court 27 San Bernardino, CA 92407 28 DAB/bg [H&H.Agr] 2 August 30, 1993 1 Nothing in this paragraph shall be construed to prevent the 2 giving of notice by personal service. 3 IN WITNESS WHEREOF, the parties hereto have executed this 4 Agreement on the day and date first above shown. 5 CITY OF SAN BERNARDINO 6 By: 7 Tom Minor, Mayor 8 9 ATTEST: H & H ENTERPRISES 10 By: 11 Rachel Clark, City Clerk 12 13 Approved as to form and legal content: 14 JAMES F. PENMAN, 15 City ttorney 16 By: •,,,.,� 17 18 19 20 21 22 23 24 25 26 27 28 DAB/bg [H&H.Agr] 3 August 30, 1993