08.g. Refurbishment of Landscaping in MediansMEMORANDUM
TO: CITY COUNCIL
FROM: DOUG PERRIN, DIRECTOR OF RECREATION & MAINTENANCE
SERVICES 0. fi
SUBJECT: CONSIDERATION OF AN APPROPRIATION OF FUNDS AND
APPROVAL OF AN AGREEMENT FOR CONTRACTOR SERVICES
FOR REFURBISHMENT OF LANDSCAPING IN THE OAK PARK BLVD
MEDIANS, FROM NOEL STREET TO FARROLL AVENUE
DATE: AUGUST 14,2012
RECOMMENDATION:
1. Approve the Agreement For Contractor Services with Central Coast Earthscapes,
Inc. to refurbish the median landscaping on Oak Park Blvd., between Noel Street
and Farroll Ave.;
2. Appropriate $1 1,260 from the Parkview Assessment District Fund (Tract 1769)
for Contractual Services;
3. Authorize the City Manager to sign and administer the agreement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
'The Park View Assessment District (tract 1769) has a fund balance of $1 1,824. $3,000
is collected annually for ParkwayIMedian Maintenance. Staff proposes allocating
$1 1,260 for this project. City staff could spend up to eight (8) hours overseeing the
project and coordinating irrigation modifications.
BACKGROUND:
In May 1992, the City formed a landscape and lighting assessment district to install and
maintain landscaping and lighting in Tract 1769 (Parkview Estates). Over the years
many of the shrubs and trees have grown too large for the space, some plant material
has died and weed control has become problematic. Staff contracted with a landscape
architect to prepare a design, which would improve the aesthetic appearance of the
landscaping while also reducing the amount of staff time needed for maintenance. The
design entails removing some existing plant material, installing plants that require
minimal water, adding color, reducing growth, and reducing staff time needed for
maintenance. In addition to the items above, the RFP included the requirement to treat
existing weeds and intrusive grasses, install weed and gopher barriers and spread four
(4) inches of bark. The weed barrier and bark will help control weeds and will reduce
evaporation.
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF AN APPROPRIA'I'ION OF FUNDS AND APPROVAL OF AN
AGREEMENT FOR REFURBISHMENT OF LANDSCAPING IN THE OAK PARK
BLVD MEDIANS, FROM NOEL STREET TO FARROLL AVENUE
AUGUST 14,2012
PAGE 2
Only two companies submitted proposals. Both exceeded available funds. In midJuly
2012 staff re-issued a modified RFP, which included the medians, but eliminated
refurbishment of the parkways. Central Coast Earthscapes, Inc. was the only company
that submitted a proposal.
ANALYSIS OF ISSUES:
Per Resolution 2932, the City is responsible for maintaining the landscaping along Oak
Park Blvd. between Noel Street and Farroll Ave. This area of responsibility also
continues around the corners onto Farroll Ave. and extends about loo', both east and
west. Many of the shrubs and trees have grown too large for the space, some plant
material has died, weed control has become problematic, and the area lacks color. In
addition, staff reductions has made it difficult to commit staff time for maintenance of
assessment districts, landscaped parkways and medians. About a year ago staff
distributed an RFP, which included contracting out maintenance of the Parkview Estates
landscaping, however, the cost far exceeded available annual funding. The proposed
refurbishment will improve the appearance of the area, will reduce evaporation in
irrigated areas and will reduce staff time needed to maintain the effected medians. It
should be noted that Central Coast Earthscapes, Inc. has been providing contractual
maintenance for both the Parkside and Grace Lane Assessment Districts and has
performed satisfactorily.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve the proposed dgreement; appropriate $1 1,260 from the Parkview
Estates (Tract 1769) Assessment fund; and authorize the City Manager to sign
and administer the agreement; - Do not approve staffs recommendation to approve the agreement, allocate
funds, and authorize the City Manager to sign and administer the agreement; - Modify as appropriate and approve staffs recommendation; or
- Provide direction to staff.
ADVANTAGES:
Approving the agreement will improve the appearance of the medians on Oak Park,
between Noel Street and Farroll Ave. and will reduce staff time needed to maintain the
area.
DISADVANTAGES:
Some staff time will be required to oversee the project and coordinate irrigation
modifications. In addition, most of the fund balance for the Parkview Estates (Tract
1769) will be depleted.
Item 8.g. - Page 2
CITY COLlNClL
CONSIDERATION OF AN APPROPRIATION OF FUNDS AND APPROVAL OF AN
AGREEMENT FOR REFURBISHMENT OF LANDSCAPING IN THE OAK PARK
BLVD MEDIANS, FROM NOEL STREET TO FARROLL AVENUE
AUGUST 14,2012
PAGE 3
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), staff has
determined that this project is categorically exempt per section 15301 of the CEQA
Guidelines - Existing Facilities.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, August 9, 2012. The Agenda
and staff report were posted on the City's website on Friday, August 10, 2012. No
public comments were received.
Attachment:
1. Agreement
2. Bid tabulation
Item 8.g. - Page 3
ATTACHMENT 1
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of August 15, 2012, between CENTRAL
COAST EARTHSCAPES, INC. ("Contractor"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation ("City"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on August 15, 2012 and shall remain and
continue in effect until October 15', 2012, unless sooner terminated pursuant to the
provisions of this Agreement.
2. SERVICES
Contractor shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit "A, attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of hislher
ability, experience and talent, perform all tasks described herein. Contractor shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Director of Recreation and Maintenance Services shall represent City
in all matters pertaining to the administration of this Agreement. Suzanne Morrison
shall represent Contractor in all matters pertaining to the administration of this
Agreement.
5. PAYMENT
The City agrees to pay the Contractor in accordance with the payment rates and
terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
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(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Contractor will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Contractor's business; or
(c) Assignment of this Agreement by Contractor without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
(b) If the City Manager or hislher delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, helshe
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Contractor
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
'without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Contractor shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Contractor under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Contractor's
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performance under this Agreement, or the conduct of the services under this
Agreement;
(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City's Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Contractor to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Contractor shall maintain
adeqliate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Contractor
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City,
at the Contractor's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by
law, Contractor shall indemnify, protect, def6nd and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
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all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Contractor, its officers, agents, employees or subcontractors (or any
entity or individual that Contractor shall bear the legal liability thereof) in the
performance of professional services under this agreement.
c (b) Indemnification for Other Than Professional Liabilitv. Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Contractor or by any individual
or entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subcontractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subcontractor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance of this agreement. In the event Contractor
fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Contractor and shall survive the termination of this agreement or this section.
INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as .specified in Exhibit "C" attached hereto and
incorporated herein as though set forth in full.
INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
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employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was or is
used against or in conce'rt with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Contractor, or from any officer, employee or agent of Contractor, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
durirrg hislher tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE OF INFORMATlONlCONFLlCTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall
be considered confidential and shall not be released by Contractor without City's prior
written authorization. Contractor, its officers, employees, agents, or subContractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
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admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Contractor andlor be present at any deposition, hearing, or
similar proceeding. Contractor agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Contractor.
However, City's right to review any such response doesnot imply or mean the right by
City to control, direct, or rewrite said response.
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City:
To Contractor:
City of Arroyo Grande
Doug Perrin
300 E. Branch Street
Arroyo Grande, CA 93420
Central Coast Earthscapes, Inc.
Suzanne Morrison
P.O. Box 5405
San Luis Obispo, Ca 943405
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
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ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Contractor agree that time is of the essence in this Agreement.
CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the City's Request for Proposal, Exhibit
"D", attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Contractor, Exhibit "En, attached hereto and incorporated
herein by this reference. In the event of conflict, the requirements of City's Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant's proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
24. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that heishe has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
By:
Tony Ferrara, Mayor
By:
Attest: (Title)
Kelly Wetmore, City Clerk
Approved As To Form:
b
Timothy J. Carmel, City Attornvey
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EXHIBIT A
SCOPE OF WORK - OAK PARK BLVD
LANDSCAPE REFURBISHMENT, TRAFFIC MEDIANS,
NOEL STREET TO FARROLL ROAD
SCOPE OF SERVICES
A. Description
The scope of the project includes all services necessary to remove and dispose
of specified plant material in the traffic medians from Noel Street to Farroll Road,
install new plant material as specified, install weed barrier, install wood chips,
and modify the irrigation system to accommodate changes.
. ...
All planting techniques and irrigation modifications shall follow directions as
specified in the plans or at a minimum meet typical City of Arroyo Grande
standards. Irrigation modifications shall be coordinated with the City's Parks
Maintenance staff.
B. City Supplied Information and Services
The City will provide the following:
Landscape refurbishment plan.
Plant list.
Coordinate with contractor on irrigation modifications
C. Tasks
The selected contractor shall perform the following services:
1. Remove and dispose of specified plant material.
2. Consult with City staff to determine possible plant alternatives
3. Install all approved plant materials as specified
4. In coordination with Park Maintenance Staff, modify the existing
irrigation system and set run times to accommodate the new design
and plantings.
5. Remove existing weeds and spray the Bermuda
6. Install weed barrier, minimum four (4) ounce
7. Install minimum of 4" walk on fir bark.
Upon completion of the construction project, the contractor shall provide the City with all
changes that differed from the original project design. The contractor shall incorporate
all construction changes into the approved set of construction drawings.
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EXHIBIT B
1
3. COST SUMMARY:
1. Demolition of existing plant material to be removed, sprayings weeds, ivy
and Bermuda grass as required, prune existing shrubs that remain, and haul
away debris = $990.00
. 2. Planting new plant material for center Median on Oak Park Blvd., as
specified on the plan provided by the City of Arroyo Grande, dated 4-25-12.
Cost includes: 43 - 1 gal plants, 5 1 - 5 gal plants and 4 - 15 gal trees, tree
staking, plant tabs, Root barriers, gopher baskets and soil amendment (as per
, ' specifications) $4,3 10.00'
3. Modify existing irrigation system to accommodate new landscaping = $1,020
4. Bark mulch and weed fabric installation as per specifications = $4,820.00
5.60 day Maintenance period = $120
Total cost for project = $1 1,260.00
4. This proposal is valid for ninety (90) days.
n
r
Respectfully submitted by: .
Suzanne Morrison
CENTRAL COAST E
(805) 545-9600 PO Box 5405 San Luis Obispo CA 93403 www.earthscapes.biz 2
Item 8.g. - Page 13
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning .of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Contractor agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability lnsurance using lnsurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on IS0 Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability lnsurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
. insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverqge for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
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Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
Professional Liability or Errors and Omissions lnsurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
lnsurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard IS0 endorsement No. CG 2010 with an edition
prior to 1992. Contractor also agrees to require all Contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an err~ployee of the insured or of any Contractor or subcontractor.
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6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Contractor agrees to 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, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contractor or any subContractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Contractor, subContractor, Architect, Engineer or other entity or
person in any way involved in the perform.ance of work on the project contemplated by
this agreement to self-insure its obligations to City. If Contractor's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
Contractor, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
Page 13
Item 8.g. - Page 16
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Contractor ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increase benefit to City. .
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contractor of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
Page 14
Item 8.g. - Page 17
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 15
Item 8.g. - Page 18
EXHIBIT D
CITY'S REQUEST FOR PROPOSAL
REQUEST FOR PROPOSAL
1. INTRODUC'I'ION
The City of Arroyo Grande wishes to contract with a qualified firm to install the
following project:
Landscape ~efurbishment - Oak Park Boulevard - Traffic Medians - Noel
Street to Farroll Road.
The City of Arroyo Grande maintains various medians and landscape
areas located within assessment districts. In an effort to improve the
appearance and minimize maintenance of the medians along Oak Park
Boulevard between Noel Street and Farroll Road (Tract 1769) the City
wishes to remove some old plant material, install new plant material,
install weed barrier and wood chips, and modify the irrigation system to
accommodate the new design.
Beginning July 16'h plans will be available at the Recreation and
Maintenance Services Office, 1221 Ash Street. Office hours are 8:00 a.m.
to 500 p.m. Questions concerning bid proposals are to be directed to
Doug Perrin, Director of Recreation and Maintenance Services, at 473-
5480, or Curtis Johnson, Acting Parks Supervisor, at 473-5470.
REQUIREMENTS:
1. Show evidence of liability and Workers' Compensation Insurance;
(Refer to enclosed sample copy of the Agreement for Contractor
Services for amounts and further requirements.)
2. Obtain a City business license;
3. Provide a breakdown of costs based on materials and installation;
4. Contractor is responsible for providing all equipment, supplies and
materials;
5. Contractual employees are subject to a police background check;
6. List the nearest two locations to the City of Arroyo Grande where
comparable projects have been installed and are fully functional.
BID PROPOSAL MUST INCLUDE:
1. Written project schedule;
2. Name, address and phone number;
3. Three references of current or previous clients;
4. Authorized signature.
Page 16
Item 8.g. - Page 19
II. SCOPE OF SERVICES
OAK PARK BLVD LANDSCAPE REFURBISHMENT, TRAFFIC MEDIANS,
NOEL ST. TO FARROLL RD.
A. Description
The scope of the project includes all services necessary to remove and dispose
of specified plant material in the traffic medians from Noel Street to Farroll Road,
install new plant material as specified, install weed barrier, install wood chips,
and modify the irrigation system to accommodate changes.
All planting techniques and irrigation modifications shall follow directions as
specified in the plans or at a minimum meet typical City of Arroyo Grande
standards. Irrigation modifications shall be coordinated with the City's Parks
Maintenance staff.
B. City Supplied Information and Services
The City will provide the following:
Landscape refurbishment plan.
Plant list.
Coordinate with contractor on irrigation modifications
C. Tasks
The selected contractor shall perform the following services:
1. Remove and dispose of specified plant material.
2. Consult with City staff to determine possible plant alternatives
3. Install all approved plant materials as specified
4. In coordination with Park Maintenance Staff, modify the existing
irrigation system and set run times to accommodate the new design
and plantings.
5. Remove existing weeds and spray the Bermuda
6. Install weed barrierlfabric, minimum four (4) ounce
8. Install 4" of walk-on fir bark
Upon completion of the construction project, the contractor shall provide the City with all
changes that differed from the original project design. The contractor shall incorporate
all construction changes into the approved set of construction drawings.
Page 17
Item 8.g. - Page 20
D. Contractor Qualifications and Requirements
1. Contractor must show qualifications to install the project.
2. Contractor must submit references from at least three (3) government
agency installations of similar systems.
3. Contractor shall submit receipts for all materials required for the project
4. Prior to installation the Contractor shall provide samples of weed
barrier and fir bark for the City's approval.
Ill. Specific City Information:
Incorporated: July 11, 1911
Total Area: 5.45 square miles
Population: 17,252 (201 0 census)
Elevation: 1 14 feet
IV. SCHEDULE OF EVENTS
The following are the anticipated schedule of events for this project:
Issue RFP ...................................................................................... July 13, 2012
..................................................... Site tour (already done) June 14, 2012
Proposals due to the City by 2:00 p.m. ........................................... July 31, 2012
..................................................................... Contractor Selection August 3, 201 2
.............................. Finalize Contract Negotiations (if necessary) August 7, 201 2
.................................................... City Council Awards Contract August 14, 201 2
.................................................... City Issues Notice to Proceed August 15, 2012
V. PROPOSAL REQUIREMENTS AND PROCESS
A. FORM AND CONTENT OF 'TECHNICAL PROPOSAL
The proposals should be the minimum length to provide the required information.
and include as a minimum the following:
1. - Scope of Services
Present your understanding and Scope of Services for the
project
2. Schedule
Include a performance schedule for each stage of the project
detailing the length of time for completion of each task as defined in
the Scope of Services.
Include milestone dates and processing time for review by the City.
Page 18
Item 8.g. - Page 21
Personnel
ldentify and define the experience of the Project Manager and
provide their individual resume. The designated Project Manager
shall be the primary contact with the City during the contract period
and shall function in that capacity while employed by the firm.
ldentify the individual(s) responsible for each service, or
subconsultant, and provide their individual resume(s).
References
Provide at least three municipal, county or school district references
for projects of similar scope and nature performed within the last
five years.
List the client's name, address, and a description of the tasks
performed. Include the name and telephone nurr~ber of the client's
key contact on the project.
Cost Summary
ldentify the proposed basis for fees and charges as appropriate
with hourly rates of individuals that could be assigned.
Assign a cost for, equipment, supplies, installation, and any other
fees associated with the project.
o Note: This is a prevailing wage project. The actual fee
may be negotiated after selection of the successful
applicant.
Signature
The proposal shall be signed by an official authorized to bind the
firm and shall contain a statement to the effect that the proposal is
valid for ninety (90) days.
Submittal Requirements
Three copies of the complete proposal shall be submitted in a
sealed envelope with the firm's name printed on the outside along
with the words "Oak Park Blvd. Median Refurbishment".
Hand deliver or mail the proposal to ensure receipt on or before
2:00 PM, Tuesday, July 31, 2012 to:
City of Arroyo Grande
Administrative Services Department
300 East Branch Street
Arroyo Grande, CA 93420
Attention: Kelly Wetmore, City Clerk
Page 19
Item 8.g. - Page 22
B. REQUESTS FOR INFORMATION
The selected contractor shall formally submit clarifications or requests for
additional documentation to City staff for review. The City shall forward a
written response to the consultant within five (5) working days.
All inquiries to this RFP shall be submitted to:
City of Arroyo Grande
Recreation and Maintenance Services
1221 Ash Street
Arroyo Grande, CA 93420
Attention: Doug Perrin, Director
Telephone: (805) 473-5474
Fax: (805) 473-5479
E-Mail: dperrin@arrovogrande.org
C. SELECTION PROCESS AND EVALUATION CRITERIA
Each proposal will be reviewed to determine if the minimum proposal
requirements outlined herein are met. The City of Arroyo Grande may
reject any proposal that fails to meet the requirements set forth in this
RFP. Proposals meeting the RFP requirements will be evaluated and
ranked as follows:
Understanding of the work to be performed,
Experience with similar assignments,
Previous work experience with the City
Ability to complete the project on schedule,
Project Cost
Page 20
Item 8.g. - Page 23
EXHIBIT E
CONTRACTOR'S PROPOSAL
Page 21
Item 8.g. - Page 24
City of Arroyo Grande EXHIBIT E
300 East ranch Street
Arroyo Grande, CA 93420
Administrative Services Dept.
Attention: Kelley Wetmore, City Clerk
July 31,2012 ..
EARTHSCAPES
LANDSCAPE INSTALLATION PROPOSAL
OAK PARK BLVD. REFURBISHMENT - NOEL ST. TO FARROLL RD
1. SCOPE OF SERVICES
Provide all services necessary to remove and dispose of existing plant material to
be removed and replace with new plant material as per plan provided by the City of
Arroyo Grande, dated 4-25-12. Install 6 mil weed barrier fabric and walk on fir
bark - 4" thick and modify the irrigation system to accommodate the new
landscape. Provide 60 Maintenance service for Establishment period and a one
year warranty for new plant material (1 year from final acceptance). All planting
techniques and irrigation modifications shall meet typical City of Arroyo Grande
standards. A1 1 irrigation modifications shall be coordinated with the City Parks
Maintenance staff.
2. SCHEDULE
It is expected to take approx. 1.5 weeks to complete the project
1. Demolition of existing plant material to be removed = 1 day
2. Planting new plant material = 2 days
3. Modify existing irrigation system = 1 day
4. Bark mulch and weed fabric installation = 2 days
3. Staff responsible for Landscape Installation & Management Services
Contract Manager: Suzanne Morrison
Project Supervisor: Ian Parker
4. REFERENCES: See attached Past Performance Reports
1.) Todd Beights- Maintenance Supervisor - City of San Luis Obispo, Public
Works Dept. - 25 Prado Road, San Luis Obispo, CA 93401 phone (805)78 1-7022
2.) Sue Singer - President of the Landscape Committee - Los Robles HOA
523 Palos Secos, Arroyo Grande, CA 93420 phone (805)474-08 18
3.) Frank Yost - Property Manager - Yost Management, 2251 Broad Street, Suite
C, San Luis Obispo, CA 93401 ph (805)543-8321
(805) 545-9600 PO Box 5405 San Luis Obispo CA 93403 www.earthscapes.biz 1
Item 8.g. - Page 25
3. COST SUIVIMARY:
I. Demolition of existing plant material to be removed, sprayings weeds, ivy
and Bermuda grass as required, prune existing shrubs that remain, and haul
away debris = $990.00
2. Planting new plant material for center Median on Oak Park Blvd., as
specified on the plan provided by the City of Arroyo Grande, dated 4-25-1 2.
Cost includes: 43 - 1 gal plants, 5 1 - 5 gal plants and 4 - 15 gal trees, tree
staking, plant tabs, Root barriers, gopher baskets and soil amendment (as per
specifications) $4,3 10.00
3. Modify existing irrigation system to accommodate new landscaping = $1,020
4. Bark mulch and weed fabric installation as per specifications = $4,820.00
5. 60 day Maintenance period = $1 20
Total cost for project = $1 1,260.00
4. This proposal is valid for ninety (90) days. n
Respectfully submitt
Suzanne Morrison
CENTRAL COAST
(805) 545-9600 PO Box 5405 San Luis Obispo CA 93403 www.earthscapes.biz 2
Item 8.g. - Page 26
.Contract Manager: Suzanne ÿ orris on
EDUCATION: Cal Poly - San Luis Obispo, Bachelor of Science. Degree
in Landscape Architecture - 1992
LICENSES & CERTIFICATIONS
State of CA - Landscape Contractors License (C-27) #598255
Certified Landscape Irrigation Auditor by the Irrigation Assoc.
Certified Water Manager - CLCA Water Management Program
Department of Pesticide Regulation - QAC #87582 .
EXPERIENCE: Over 30 years experience in the Landscape,
Horticulture & Irrigation Industry.
Worked in various positions including Nursery Management,
Landscape and Irrigation Installation and Maintenance in the City
Parks and for Private Companies and residences.
OwnerIOperator of a Landscape Business in Colorado.
Estimator and Purchasing Agent for a large Landscape Contractor
in San Diego, CA.
OwnerIOperator of EARTHSCAPES since 1990 (now Central
Coast Earthscapes, Inc.) a full service Landscape Design,
Installation and Maintenance Company. We perform Water Audits
and manage Irrigation Systems for over 100 Maintenance clients
on a regular basis. My duties and responsibilities include: '
Managing both the Design and Maintenance Departments of the
company, consisting of 6-8 part to full time employees. My job is
to maintain quality assurance and customer satisfaction at the
highest level possible at all times.
COMMUNITY INVOLVEMENT: Member of the California
Landscape Contractors Association (CLCA), Program Director for our
local Chapter.
Item 8.g. - Page 27
BID LOG SHEET
CITY OF ARROYO GRANDE
DEADLINE: July 31,2012, 2:00 p.m.
Oak Park Blvd Median Refurbishment
SUBMITTED BY: TOTAL
Central Coast Earthscapes, Inc.
San Luis Obispo, CA
ATTACHMENT 2
c: City Manager
Director of Recreation and Maintenance Services
Item 8.g. - Page 28