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HomeMy WebLinkAbout2023-08-22 - AGENDA REPORTS - LANDSCAPE MULCH PURCHASE CONTRO Agenda Item: 6 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: August 22, 2023 SUBJECT: LANDSCAPE MULCH PURCHASE AND DELIVERY CONTRACT DEPARTMENT: Administrative Services PRESENTER: Keith Miller RECOMMENDED ACTION City Council: 1. Award a two-year contract to C & M Topsoil, Inc., for the purchase and delivery of mulch in support of the City of Santa Clarita's Landscape Maintenance District operation as specified in Bid No. LMD 22-23-37 for an annual amount not to exceed $117,000. 2. Authorize the City Manager or designee to execute up to three additional one-year renewal options beginning in year three, not to exceed the base contract of $117,000 plus CPI adjustments, upon request of the contractor and contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. 3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND The use of mulch is a landscaping best management practice. The City of Santa Clarita's (City) Landscape Maintenance District (LMD) operation spreads more than 2,400 tons of mulch throughout the 62 financially independent zones within the LMD. Moreover, mulch is more aesthetically pleasing than bare dirt; it helps retain moisture in the soil, thereby reducing water use; and it inhibits weed growth, thus reducing the use of chemical weed retardants. On February 2, 2023, Bid No. LMD-22-23-37, for the procurement and delivery of mulch on an as -needed basis, was circulated to potential vendors via the City's e-procurement platform, BidNet. For the purpose of the procurement process, proposers were asked to submit pricing based on the delivery of 12,000 cubic yards of mulch. Page 1 Packet Pg. 189 O This solicitation was advertised to 78 vendors, including the Santa Clarita Valley Chamber of Commerce and the Valley Industrial Association. Twelve vendors downloaded the bid, with two companies submitting responses. Bids were opened on March 13, 2023, with the results shown below: BID COMPANY LOCATION BID AMOUNT Bid 1 C & M Topsoil, Inc. Sylmar, CA $117,000 Bid 2 North Hills Recycling, Inc. Granada Hills, CA $121,650 Staff reviewed the submissions and determined C & M Topsoil, Inc., to be the lowest responsive bidder, meeting all of the City's bid specifications and demonstrating the capability of meeting the City's expectations. As a result, staff recommends awarding a two-year contract to C & M Topsoil, Inc. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Adequate funds were appropriated by the City Council during the Fiscal Year 2023-24 budget process to support this contract. The procurement of mulch via C & M Topsoil, Inc. beyond Fiscal Year 2023-24 is contingent upon the appropriation of funds by the City Council during future budget processes. ATTACHMENTS LMD-22-23-37 Mulch Supplier Bid (available in City Clerk's Reading File) LMD-22-23-37 Response File for C & M Topsoil, Inc. (available in City Clerk's Reading File) Page 2 Packet Pg. 190 Mulch Supplier for Landscape Maintenance Districts BID # LMD-22-23-37 TABLE OF CONTENTS BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California SECTION A BID INSTRUCTIONS NOTICE INVITING BIDS DOCUMENT CHECKLIST SECTION B SCOPE OF WORK ATTACHMENT A SECTION C PROPOSAL FORM BID SCHEDULE ALTERNATE BID SCHEDULE NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS REFERENCES ACKNOWLEDGEMENT AND ACCEPTANCE OF SCOPE OF WORK SECTION C SAMPLE PROCUREMENT FOR GOODS AGREEMENT SECTION A Bid Instructions BID INSTRUCTIONS BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California 1. SUBMITTING BIDS. 1.1. The bid response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet). 1.2. Pricing must be entered into line items section of BidNet. All documentation of unit pricing or other cost breakdowns as outlined in this bid shall be submitted to support the total bid price. All bid amounts will be deemed to include any applicable taxes (Sales Tax, Use Tax, or any other tax). In the case of any pricing entered elsewhere that conflicts with what is entered on BidNet, the numbers entered on BidNet shall govern. 1.3. Bids/corrections received after the closing time will not be accepted. The City will not be responsible for bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. All addenda will be issued through the BidNet platform, and it is the bidder's responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. All official information and guidance will be provided as part of this solicitation or written addenda and bidders are cautioned against relying on verbal information in preparation of the bid response. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with the quote response, the bid may be deemed non -responsive and rejected. 3. AWARDS. 1.1. The City reserves the right waive any informality in any bid. 1.2. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless this bid is identified as public works, a professional services, or is federally funded. 1.3. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. 1.4. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The results of the bid will be posted on BidNet, normally within 24 hours. 4. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. 4.1. In the bid documents, the use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article. This means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. 4.2. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described. The City shall make the final determination of compliance with the specifications. 4.3. If bidding with an alternative or equivalent product, provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section prior to the last day for questions. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of "equal" products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. 4.4. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 5. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy- back" procurements. 6. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 7. INVOICES. Invoices will be forwarded to: City of Santa Clarita AS - Special Districts ATTN: Marty McKnight 23920 Valencia Boulevard Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 8. PREPARATION. All bids must be submitted via BidNet. All forms must be uploaded as laid out in the BidNet General Attachments Section. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. 9. REJECTION. The City reserves the right to reject any or all bids and to waive any informality in any quote. The City may reject the bid of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the quote of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 10. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to three times, in accordance with the terms of the contract and, if necessary, City Council approval. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index (CPI) - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area, prevailing wage rates, and Producer Price Index (PPI) if applicable. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year's rates will apply. Proposer shall honor proposal prices for 120 days or for the stated contract period, whichever is longer. 11. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty. The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in BidNet. CITY OF SANTA CLARITA NOTICE INVITING BIDS Project Name: Mulch Supplier for Landscape Maintenance Districts BID #: LMD-22-23-37 Dates Published: February 2, 2023 Questions Due: February 28, 2023 before 11:00 AM (PT) Bid Closing: March 7, 2023 before 11:00 AM (PT) Project Description: The City of Santa Clarita is soliciting sealed bids from qualified vendors for the supply and delivery of mulch. The mulch will be used throughout the City's Landscape Maintenance District (LIVID) zones, parkways, medians, hybrid parks, paseos, and other various locations. Bond Requirements: No Contact Information: Danielle Marquez 1 (661) 255-4936 1 dmarquez@santa-clarita.com Specifications for this bid may be downloaded from the City's Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and bid requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the bid documents is available upon request in the City Clerk's office, suite 120. Bid Questions should be submitted electronically via BidNet "Question and Answer" tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with the bid proposal, the bid may be deemed non -responsive and rejected. DOCUMENT CHECKLIST BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California The following documents must be completed and submitted by the bidder as per the outlined timeframes. The following documents must be provided by ALL bidders: Uploaded via BidNet (see Section C) ❑ Proposal Form ❑ Bid Schedule ❑ Alternate Bid Schedule ❑ Notice to Bidders Regarding Contractual Requirements ❑ References ❑ Acknowledgement and Acceptance of Scope of Work ❑ Mulch Sample (See Section B. #3) ❑ All signed addendums (if any) — Digitally acknowledged on BidNet in addition to uploaded via BidNet The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Marty McKnight ❑ Procurement for Goods Agreement ❑ Insurance Required by Contract ❑ W-9 Form SECTION B Solicitation Information SCOPE OF WORK BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California EVENT DATE Solicitation advertisement February 2, 2023 Last day for questions February 28, 2023 Return of proposals March 7, 2023 I. PROJECT BACKGROUND The City of Santa Clarita (City) is soliciting sealed bids from qualified vendors for the supply and delivery of mulch. The mulch will be used throughout the City's Landscape Maintenance District (LIVID) zones, parkways, medians, hybrid parks, paseos, and other various locations. II. OBJECTIVES LIVID estimates using approximately 12,000 cubic yards of mulch annually. Mulch loads typically consist of either twenty (20), forty (40), or eighty (80) cubic yards but amounts will vary. The City may or may not utilize the entire quantities listed. This is an initial two-year contract with three possible one-year renewals annually. III. SUPPLIER RESPONSIBILITIES The mulch supplier is being asked to provide a cost response for supply and delivery to sites on an "as needed" basis. A complete response shall include all material, delivery, handling, miscellaneous charges, and applicable sales tax. (All bids MUST include the City's tax rate of 9.5%, regardless of where the mulch is shipped from.) There will be no pre -bid meeting or job -walk for this solicitation; however, an 8 oz. sample of the mulch in a sealed zip lock plastic bag (bid number and the company name included on bag) will be required. All samples must be in the City's possession PRIOR TO the bid closing date and time shown on the Notice Inviting Bids. Samples should be mailed to: City of Santa Clarita Attn: Marty McKnight 25663 W. Avenue Stanford Valencia, CA 91355 Ref: LMD-22-23-37 MULCH SAMPLE IV. SCOPE OF WORK a. Supply and deliver mulch to Landscape Maintenance District (LIVID) sites throughout the City. Mulch will typically be ordered in 40 yard loads but smaller and larger loads will be ordered as needed. b. Supplier of mulch must be able to accommodate all orders within a twenty-four (24) hour maximum time frame and provide the necessary number of transport/ delivery vehicles to accommodate all loads on time and within the required delivery window. c. Mulch deliveries will be made in areas with limited and restricted vehicle access along Landscape Maintenance District zones, paseos, hybrid parks, open space sites, and contractor construction yards. d. Delivery hours are Monday through Friday from 7:00 am to 11:00 am. The City reserves the right to modify delivery windows as needed to accommodate special projects and special events that have time restraints. e. Damage to irrigation lines, sprinklers, plant material, concrete walkways, light poles, fencing, or any public or private property, due to driver negligence, shall be the responsibility of the supply company for repair. Repairs shall be completed within forty-eight (48) hours at no additional cost to the City or within a timeline agreed upon with LIVID Staff. f. All change orders will be approved in advance by the City's Project Manager. g. No alterations of material shall be made to the mulch specifications without the written consent from the City's LIVID staff. h. The awarded vendor will be required to enter into a Procurement for Goods Agreementt with the City (see Section C, "Sample Agreement.") i. All invoices must have the signed proposal attached. V. MATERIAL SPECIFICATIONS a. The mulch provided shall be screened to 3-inches in size with a maximum length of 4- inches. The mulch shall have an appearance suitable for high visibility areas such as City Hall building, outdoor pedestrian and business friendly streetscapes, shopping malls, commercial centers, parkways, hybrid parks, and paseos. The appearance of the mulch shall not be black or yellow Rather, it shall be between the colors of light brown to dark brown. b. The mulch must be from a compost producer participatingt in the United States Composting Council (USCC) Seal of Testing Assurance (STA) program. c. The compost producer must be fully permitted as a compost producer in accordance with the requirements of the California Integrated Waste Management Board (CIWMB), Local Enforcement Agencies (LEA) and any other State and Local Agencies that regulate solid waste facilities. If exempt from State permitting requirements, the composting facility must certify that it follows all guidelines and procedures for production of compost meeting the environmental health standards of Title 14, California Code of Regulations, Division 7, Chapter 3.1, and Article 7. Proof of which is required to accompany vendor response. d. Mulch material may be derived from tree bark, wood chips, shredded bark or either wood chips or tree bark or a combination of both. Any single or mixture of chipped, shredded, or ground vegetation; or clean processed recycled wood products. e. Compost materials such as weed seeds, pathogens and deleterious materials are reduced as specified under Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 7, Section 17868.3. f. Mulch material must not contain trash, plastics, infested tree or bark, paint, petroleum products, herbicides, fungicides or other chemical residues harmful to animal life or plant growth. Compost must possess no objectionable odors. g. Metal concentrations in mulch material must not exceed the maximum metal concentrations listed in Title 14, California Code of Regulations, Division 7, Chapter 3.1, and Section 17868.2. h. Mulch material must comply with the attached Physical and Chemical requirements table. See Section B, Attachment A. i. Certificate of Compliance. Compost Technical Data Sheet (CTDS). Before mulch delivery; Producer Submits Samples to STA Lab. Samples Tested via STA Methodologies, submit a Certificate of Compliance under Section 6-1.07, of the California Department of Transportation Solid Waste Trust Fund Standard Specifications of July 1999. Proof of which is required to accompany vendor response. j. Mulch wood chips shall be screened to 3-inches in size with a maximum length of 4-inches. k. Mulch that is delivered which does not meet the above specifications will be required to be removed by the supplier at no additional cost to the City within 24 hours. ATTACHMENT A Physical and Chemical Requirements Property Test Method Requirement pH TMECC 04.11-A Elastometric pH 1:5 Slurry Method 6.0-8.5 pH Units Soluble Salts TMECC 04.10-A Electrical Conductivity 1:5 Slurry Method 0-10.0 dS/m (mmhos/cm) Moisture TMECC 03.09-A Content Total Solids & Moisture at 70+/- 5 deg C N/A % Wet Weight Basis Organic Matter TMECC 05.07-A Content Loss -On -Ignition Organic Matter Method 30-100 (LOI) % Dry Weight Basis Maturity TMECC 05.05-A Germination and Vigor N/A N/A Seed Emergence Seedling Vigor % Relative to Positive Control Stability TMECC 05.08-B Carbon Dioxide Evolution Rate N/A mg CO2-C/g OM per day Particle Size TMECC 02.02-B Inches % Sample Sieving for Aggregate Size Passing Classification 3 99% % Dry Weight Basis 3/8 < 25% Max. Length 4 inches Pathogen TMECC 07.01-13 Fecal Coliform Bacteria Pass < 1000 MPN/gram dry wt. Pathogen TMECC 07.01-B Salmonella < 3 MPN/4 grams dry wt. Pass Physical TMECC 02.02-C Contaminants Man Made Inert Removal and Classification: Combined Total: Plastic, Glass and Metal < 1.0 % > 4mm fraction Physical TMECC 02.02-C Contaminants Man Made Inert Removal and Classification: None Detected Sharps (Sewing needles, straight pins and hypodermic needles) % > 4mm fraction NOTE: TMECC refers to "Test Methods for the Examination of Composting and Compost," published by the United States Department of Agriculture and the United States Compost Council (USSC). SECTION C Bid Submittal Forms PROPOSAL FORM BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California TO THE CITY OF SANTA CLARITA, AS CITY: In accordance with CITY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum price(s) bid include all appurtenant expenses, taxes, royalties, and fees for the project's duration. In case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the CITY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY's option, be considered null and void. Company Name: Company Address: Phone: Email: By: Print Name Title: Signature: Date: BID SCHEDULE BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Fill out this form completely and submit with the bid response. Line item pricing must be entered on BidNet. In the event any mathematical discrepancies are found, please refer to Section B, Bid Instructions. Pricing MUST reflect all costs for supply and delivery of all mulch shipments. This table includes three tiers of mulch amounts. LIVID estimates using 12,000 cubic yards annually. The costs listed in the vendor responses will be used to calculate costs on the entire contract. A 9.5% sales tax must be added on to each invoice. ITEM NO. DESCRIPTION CITY UNIT UNIT PRICE TOTAL 1 0-20 cubic yards 3,000 CY $ $ 2 21-40 cubic yards 6,000 CY $ $ 3 40+ cubic yards 3,000 CY $ $ TOTAL BASE BID AMOUNT: $ TOTAL BASE BID AMOUNT IN WORDS: The award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this Bid Schedule constant throughout the duration of the project up to the last contract working day. ALTERNATE BID SCHEDULE BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOT enter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City of Santa Clarita. ITEM TAX AT TOTAL ALTERNATE BID DESCRIPTION UNIT PRICE NO. 9.5% AMOUNT 1 Mulch Only (No Delivery) $ $ $ Same -Day Delivery (Check One): Yes No Blow Mulch (Check One): Yes No TOTAL ALTERNATE BID AMOUNT IN WORDS: The award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this Alternate Bid Schedule constant throughout the duration of the project up to the last contract working day. NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California I. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS 1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a bid, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City's Purchasing Agent. 2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor's liability under this agreement. The full coverage and limits afforded under Contractor's policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. 3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full -certified copies of all Insurance coverage and endorsements. II. INSURANCE General Insurance Requirements A. Automotive Insurance Contractor shall procure and maintain public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit, and naming the City as additionally insured If Contractor does not use automobiles in performing its work under this Agreement, Contractor shall provide a waiver releasing City from all liability resulting from Consultant's use of personal vehicles under this Agreement. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: Printed Name: Date: REFERENCES BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed work of a similar scope and size within the past 3 years. If the scope of work/specifications requests refrences duifferent than instructions above, the scope of work/specifications shall govern: 1. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 2. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 3. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all scope of work/bid specifications for the Mulch Supplier for Landscape Maintenance Districts. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established specifications throughout the length of the contract. *Supervisor's Signature: Date: *Estimator's Signature: Date: *Owner's Signature: Date: *All three signatures required SECTION D Sample Agreement SAMPLE AGREEMENT Council Approval Date: Agenda Item: Contract Amount: CON-6 AGREEMENT FOR PROCUREMENT OF PRODUCTS AND/OR SERVICES BETWEEN THE CITY OF SANTA CLARITA AND <CONTRACTOR NAME> FOR <FULL PROJECT NAME> <PHASE NUMBER AND PHASE DESCRIPTION (AS APPLICABLE)> < CITY BID NO. (AS APPLICABLE) OR CITY PROJECT NO. (ONLYIF BID No. is NIA)> <FEDERAL PROJECTJD NUMBER (AS APPLICABLE)> <BRIEF DESCRIPTION OF SER VICES> THIS AGREEMENT FOR PROCUREMENT OF PRODUCTS AND/OR SERVICES ("Agreement") is made and entered into as of by and between the CITY SANTA CLARITA, a general law CITY and municipal corporation ("CITY") ("VENDOR"). RECITALS This Agreement is entered into with reference to the following facts and circumstances: OF and A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY; B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth. 1. A. Services. The services to be performed by VENDOR under this Agreement are set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein. Performance of the work specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties. Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A. B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein. Timely delivery of the product specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties. VENDOR's obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other required work or services or costs of any type incidental to the supply of the product. 2. Term, Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon , or delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY's written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY's best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR's failure to continue work during a dispute shall be a material breach of this Agreement. 3. Compensation; Expenses; Pam. CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit A attached hereto and by this reference incorporated herein. Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum $ . Invoices for amounts in excess of above stated sum shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY. Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones/scope of work as defined in Exhibit A. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. 4. Amendments for Additional Products/Services. In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY. Such amendment to this Agreement shall include a description of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. This Agreement may be amended or modified only by written agreement signed by both parties. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment. 5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at VENDOR's place of business or as otherwise agreed upon by the parties. 6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below. 7. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY 8. Relationship of Parties. VENDOR is an independent Contractor and does not act as CITY's agent in any capacity, whatsoever. VENDOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the VENDOR's provision of Services, not the means, methods, or scheduling of the VENDOR's work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY's responsibility. 9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR's work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR's officers or employees. VENDOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule. 10. Force Maj eure. Except for defaults of subcontractors at any tier, VENDOR shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of VENDOR. Examples of such causes include, but are not limited to: a. Acts of God or of the public enemy, and b. Acts of the federal or state government in either its sovereign or contractual capacity. If the failure to perform is caused by the default of asubcontractor at any tier, and if the cause of the default is beyond the control of both VENDOR and subcontractor, and without the fault or negligence of either, VENDOR shall not be liable for any excess costs for failure to perform. II. VENDOR's Liabili , for Injury to Persons or Damage to Property. a VENDOR shall be liable for damages arising out of injury to the person and/or damage to CITY property, CITY employees, persons designated by CITY for training, or any other person(s) other than VENDOR's agents or employees, designated by CITY for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR's site or at CITY's place of business, provided that the injury or damage was caused by VENDOR's fault or negligence. b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement. 12. Indemnity. To the fullest extent allowed bylaw, VENDOR hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, CITY, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs. The duty of VENDOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require VENDOR to indemnify, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. VENDOR's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. 13. Patent, Copyright and Trade Secret Indemnity. a VENDOR shall hold CITY, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement. b. VENDOR may be required to furnish a bond to CITY against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement. C. VENDOR, at its own expense, shall defend any action brought against CITY to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against CITY in any such action. Such defense and payment shall be conditioned on the following: i. That VENDOR shall be notified within a reasonable time in writing by CITY of any notice of such claim; and ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, CITY shall have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, become, or in VENDOR's opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, CITY shall permit VENDOR at its option and expense either to procure for CITY the right to continue using the Products, or to replace or modify the same so that they become non- infringing. If none of these options can reasonably be taken, or if the use of such Products by CITY shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist CITY in procuring substitute Products. If, in the sole opinion of CITY, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, CITY shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums CITY has paid VENDOR less any reasonable amount for use or damage. e. VENDOR shall have no liability to CITY under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon. i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied operating software; or iii. The modification by CITY of the equipment of software furnished hereunder; or iv. The combination or utilization of software furnished hereunderwith non -VENDOR supplied software. £ VENDOR certifies that it has appropriate systems and controls in place to ensure that CITY funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 14. Before commencing performance under this Agreement, and at all other times this Agreement is effective, VENDOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Business automobile liability Limits combined single) $1,000,000 a Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). b. VENDOR will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. VENDOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. C. Should VENDOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at VENDOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should VENDOR fail to meet any of the insurance requirements under this agreement, CITY may cancel the Agreement immediately with no penalty. d Should VENDOR's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, VENDOR must notify CITY within 24 hours of receipt of notice of cancellation. Furthermore, VENDOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. VENDOR must ensure that there is no lapse in coverage. 15. NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 16. Notice. All notices required by this Agreement shall be given to the CITY and VENDOR in writing, by first class mail, postage prepaid, addressed as follows: CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Attention: VENDOR: Name Address CITY, State, Zip Attention: Email Address: 17. Non-Assignmen. This Agreement is not assignable either in whole or in part. 18. Substitutions. VENDOR may not substitute any Products or Services without CITY's advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agreement without CITY's advance written consent. 19. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred. a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by CITY, free from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty. b. All warranties, including special warranties specified elsewhere herein, shall inure to CITY, its successors and assigns, and any users of the Products or Services. 20. Samples. a. CITY may require samples of items inspection and specification testing and must be furnished free of expense to CITY. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement. b. Samples, if not destroyed by tests, may, upon VENDOR's request made at the time the sample is furnished, be returned at VENDOR's expense. 21. Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified. 22. Packing and Shipment. a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to: i. shows the number of the container and the total number of containers in the shipment; and ii. the number of the container in which the packing sheet has been enclosed. b. All shipments by VENDOR or its subcontractors must include packing sheets identifying CITY's Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required. C. Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by CITY. 23. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by CITY unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by CITY in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation. 24. Inspection, Acceptance and Rejection. a VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to CITY covering Products and Services under the Agreement and will tenderto CITY only Products thathave been inspected and found to conform to all requirements. VENDOR will keep records evidencing inspections and their result, and will make these records available to CITY during the Agreement performance and for three years after final payment. VENDOR shall permit CITY to review procedures, practices, processes and related documents to determine the acceptability of VENDOR's quality assurance system or other business practices related to performance of the Agreement. b. All Products may be subject to inspection and test by CITY or its authorized representatives. C. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to CITY. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d All Products may be subj ect to final inspection, test and acceptance byCITY, notwithstanding any payment or other inspection. e. CITY shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If CITY does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that CITY might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law. 25. Compliance with Statutes and Regulations. VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and CITY, and shall defend, indemnify and hold the CITY harmless against any loss, cost, damage or liability by reason of VENDOR's violation of this provision. VENDOR agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti -kick -back, collusion, and the provisions of the Americans with Disability Act. 26. Prevailing Wages. VENDOR shall pay prevailing wages to its employees on any contract involving labor or field work considered a "Public Works project" in excess of $1,000.00. VENDOR stipulates that it shall comply with all applicable wage and hour laws, including without limitation, California Labor Code §§ 1776 and 1810- 1815. Failure to so comply shall constitute a default under this Contract. Further, all public works projects valued at $30,000 or more must include an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors on a public works project, even if their part of the project is less than $30,000. VENDOR and its Subcontractors shall pay to persons performing labor in and about the project provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. The prevailing wage rates are available online at http://www.dir.ca. ovg /dlsr. VENDOR shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. VENDOR shall insert in every subcontract or other arrangement which VENDOR may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code. VENDOR and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement. VENDOR and its Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776. With each application for payment, VENDOR shall also deliver certified payrolls directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. VENDOR shall indemnify, hold harmless and defend (with counsel reasonably acceptable to CITY) CITY against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations in connection with execution of the improvements or any other work undertaken or in connection with the Public Works project. 27. National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against VENDOR within the immediately preceding two-year period because of VENDOR's failure to comply with an order of the National Labor Relations Board. 28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of CITY with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, CITY shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by CITY in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of CITY provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity. 29. Validily. The invalidity in whole or in part of anyprovision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 30. Governing Law. This Agreement shall be deemed to have been executed in the County of Los Angeles, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Los Angeles, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney's fees and expenses of litigation of the successful party. 31. Mediation. Should any dispute arise out of this Agreement, the parties shall meetin mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. 32. Conflict of Interest. VENDOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with CITY that VENDOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but notlimited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) VENDOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential VENDORS, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 33. Submission of Bid. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein. a In submitting a bid to CITY, VENDOR offers and agrees that if the bid is accepted, it will assign to CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of products, material, or services by the VENDOR for sale to CITY pursuant to the solicitation. Such assignment shall be made and become effective at the time CITY tenders final payment to the VENDOR. b. If CITY receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from CITY any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by CITY as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. C. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and i. The assignee has not been injured thereby, or ii. The assignee declines to file a court action for the cause of action. 34. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for CITY, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify CITY in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR's completion of the Agreement. 35. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below. 36. Entire Agreement. This Agreement, including all exhibits and attachments, comprises the entire Agreement. 37. Electronic Transmission of Contract and Signature. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of FOR VENDOR: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER Lo CITY Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY CITY Attorney Date: an IFCORPORATION: Print Name & Title Date: Addendum No. 1 March 6, 2023 Addendum No. 1 BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the bid response. The purpose of this addendum is to address the following for this bid: I. BID CLOSING DATE CHANGE The bid closing date has been changed from March 7, 2023 before 11:00 AM (PT) to March 10, 2023 before 11:00 AM (PT). ILUPDATED ALTERNATE BID SCHEDULE Please see the attached updated Alternate Bid Schedule. This updated Alternate Bid Schedule must be filled out and submitted with the bid response. END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the bid response. Contractor's Representative Company Name Date 1107.I t U / I I 1"090YA ALTERNATE BID SCHEDULE BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOTenter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City of Santa Clarita. ITEM UNIT OF TOTAL ALTERNATE BID DESCRIPTION UNIT PRICE TAX AT 9.5% NO. MEASURE AMOUNT 1 Mulch Only (No Delivery) CY $ $ $ Same -Day Delivery (Check One): Yes No Blow Mulch (Check One): Yes No TOTAL ALTERNATE BID AMOUNT IN WORDS: Addendum No. 2 March 9, 2023 Addendum No. 2 BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the bid response. The purpose of this addendum is to address the following for this bid: I. BID CLOSING DATE CHANGE The final bid closing date has been changed from March 10, 2023 before 11:00 AM (PT) to March 13, 2023 before 11:00 AM (PT). ILUPDATED ALTERNATE BID SCHEDULE Please see the attached final updated Alternate Bid Schedule. This updated Alternate Bid Schedule must be filled out and submitted with the bid response. III. REMOVAL OF STA REGISTRATION REQUIREMENT The City will be removing the requirement for vendors to be a registered participant of the United States Composting Council (USCC) Seal of Testing Assurance (STA) program per the Scope of Work, Section V. "Material Specifications". END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the bid response. Contractor's Representative Date Company Name I107.ItU/IRMP&II0YA ALTERNATE BID SCHEDULE BID # LM D-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOTenter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City of Santa Clarita. ITEM UNIT OF TOTAL ALTERNATE DESCRIPTION CITY UNIT PRICE NO. MEASURE BID AMOUNT 1 Mulch Only (No Delivery) 1 CY $ $ Same -Day Delivery (Check One): Yes No Blow Mulch (Check One): Yes No TOTAL ALTERNATE BID AMOUNT IN WORDS: PROPOSAL FORM BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California TO THE CITY OF SANTA CLARITA, AS CITY: In accordance with CITY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum price(s) bid include all appurtenant expenses, taxes, royalties, and fees for the project's duration. In case of discrepancies in the amounts bid, unit prices shall govern overextended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the CITY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY's option, be considered null and void. Company Name: Company Address: Phone: 1 it VAS Email: oLG,r'�G r - 1� � By: rr G OV t,c /lam Print Name L I itle: Signature: Date: BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Ciarita, California Fill out this form completely and submit with the bid response. Line item pricing must be entered on BidNet. In the event any mathematical discrepancies are found, please refer to Section B, Bid Instructions. Pricing MUST reflect all costs for supply and delivery of all mulch shipments. This table includes three tiers of mulch amounts. LMD estimates using 12,000 cubic yards annually. The costs listed in the vendor responses will be used to calculate costs on the entire contract. A 9.5% sales tax must be added on to each invoice. ITEM NO. DESCRIPTION CITY UNIT UNIT PRICE TOTAL 1 0-20 cubic yards 3,000 CY $q, 7-5 $ $&0 00 2 21-40 cubic yards 6,000 CY $ qi -? $ l'�)u V 3 40+ cubic yards 3,000 CY $ 7 $ . TOTAL BASE BID AMOUNT., $ III 00 TOTAL BASE B D AMOUNT, IN WORDS: i () CP l he award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this Bid Schedule constant throughout the duration of the project up to the last contract working day. ALTERNATE BID SCHEDULE BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOT enter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional' or "extra" work requested by the City of Santa Clarita. ITEM UNIT OF TOTAL ALTERNATE BID NO. DESCRIPTION MEASURE UNIT PRICE TAX AT 9.5% AMOUNT Mulch Only (No Delivery) Cy $1 1� $ e 5' $ /V bs Same -Day Delivery (Check One): Blow Mulch (Check One): �i Yes Yes No TOTAL ALTERNATE BID AMOUNT IN WORDS: 91,q l -t- CP n ­175 VIM NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS BID # LMD-22-23-37 Mulch. Supplier for Landscape Maintenance Districts City of Santa Clarita, California SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS 1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a bid, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City's Purchasing Agent. 2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor's liability under this agreement. The full coverage and limits afforded under Contractor's policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. 3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full -certified copies of all Insurance coverage and endorsements. 11. INSURANCE General Insurance Requirements A. Automotive Insurance Contractor shall procure and maintain public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit, and naming the City as additionally insured If Contractor does not use automobiles in performing its work under this Agreement, Contractor shall provide a waiver releasing City from all liability resulting from Consultant's use of personal vehicles under this Agreement. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. A pit' 2 Authorized Signature_ Date- 11 a� Printed R�ame; ;�rtf fV )Dro Ll l i\ REFERENCES BID # LMD-22-23-37 Mulch Supplier for landscape Maintenance Districts City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed work of a similar scope and size within the past 3 years. If the scope of work/specifications .requests refrences duifferent than instructions above, the scope of ork/specifications shall govern: Name and Address of owner/ Agency Name and Telephone Number of Person Familiar with Proie t Contract Amount Tybe of Work Date Completed 2. s��� C(Cc�'`t 1f �Nl� �I����" Name and Address of Owner/ Agency / ski vt> (a6 l Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed Name and Address of Owner / Age cy i � k) A- (- r. ( 0 � 0- q0 01�1 Name and Telephone Number of Person Familiar with Project Contraft Amouni Type of Work Dat Compl ted The fallowing are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Ciarita, California By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all scope of work/bid specifications for the Mulch Supplier for Landscape Maintenance Districts. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established specifications throughout the length of the contract. *Supervisor's *Estimator's Signature;, *Owner's Signature: *All three signatures required 17Z) Z3-2 Addendum No.1 March 6, 2023 Addendum No.1 BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the bid response. The purpose of this addendum is to address the following for this bid: 1. BID CLOSING DATE CHANGE The bid closing date has been changed from March 7, 2023 before 11:00 AM (PT) to March 10, 2023 before 11:00 AM (PT). ILUPDATED ALTERNATE BID SCHEDULE Please see the attached updated Alternate Bid Schedule. This updated Alternate Bid Schedule must be filled out and submitted with the bid response. END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the bid response. lb Z c ntractor'.s R resentotive 2 ce Company Name BID # LMD-22-23-37 ALTERNATE BID SCHEDULE BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOT enter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City of Santa Clarita, ITEM TAX AT TOTAL ALTERNATE BID NO. DESCRIPTION UNIT PRICE 9.S% AMOUNT 1 Mulch Only (No Delivery) $ $ t Same -Day Delivery (Check One): Yes No Blow Mulch (Check One): Yes No TOT L ALT RN E AMO T Y WORDS: W The award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this Alternate Bid Schedule constant throughout the duration of the project up to the last contract working day. Addendum No. 2 March 9, 2023 Addendum No. 2 BID ## 0M13-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California This addendum must be acknowledged via Bid Net and should be included with the bid response. The purpose of this addendum is to address the following for this bid: 1. BID CLOSING DATE CHANGE The final bid closing date has been changed from March 10, 2023 before 11:00 AM (PT) to March 13, 2023 before 11:00 AM (PT). ILUPDATED ALTERNATE BID SCHEDULE Please see the attached final updated Alternate Bid Schedule. This updated Alternate Bid Schedule must be filled out and submitted with the bid response. III. REMOVAL OF STA REGISTRATION REQUIREMENT The City will be removing the requirement for vendors to be a registered participant of the United States Composting Council (USCC) Seal of Testing Assurance (STA) program per the Scope of Work, Section V. "Material Specifications". END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the bid response. Contractors Representative to C� /4� CYt / -- Company Name BID # LMD-22-23-37 ALTERNATE BID SCHEDULE BID # LMD-22-23-37 Mulch Supplier for Landscape Maintenance Districts City of Santa Clarita, California Do NOT include this pricing in the total base bid amount. Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found in the pricing forms submitted, the unit price shall govern. Do NOT enter this pricing on BidNet. The additional services below will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City of Santa Clarita. ITEM DESCRIPTION CITY UNIT OF UNIT PRICE TOTAL ALTERNATE NO. MEASURE BID AMOUNT 1 Mulch Only (No Delivery) 1 CY $9 $ Same -Day Delivery (Check One): 4e Yes No Blow Mulch (Check One): Yes No 1�^,e' ard- TOTAL ALTERNATE BID AMOUNT IN WORDS:'"`