CC 2012-11-13_08.g. Amendment to Agreement with Central Coast EarthscapesMEMORANDUM
TO: CITY COUNCIL
FROM:. GEOFF ENGLISH, DIRECTOR OF MAINTENANCE SERVICES
SUBJECT: CONSIDERATION OF. AMENDMENT NO. 1 TO THE AGREEMENT
WITH CENTRAL COAST EARTHSCAPES FOR LANDSCAPING
SERVICES FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT
DATE: NOVEMBER 13,2012
RECOMMENDATION:
It is recommended the City Council:
1. Approve Amendment No. 1 to the Contractor Services Agreement with Central
Coast Earthscapes, Inc.; and
2. Authorize the Mayor to sign the amendment to the agreement with Central Coast
Earthscapes, Inc.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
'The Parkside Village (Tract 2310) Assessment District account had an approximate
fund balance of $336,500 at the beginning of FY 2012113. The $32,940 cost for the
proposed landscaping improvements to Parkside Village will be charged to this account.
Approximately $40,800 is collected annually for maintenance of the park, landscaped
areas and detention basin. 'The cost for the service provided in the original agreement
for landscape maintenance of the Parkside Village was $9,960 per year and $1,320 per
year for the Grace Lane (Tract 2236) Assessment District. This annual maintenance
cost will be extended an additional year.
Approximately $1,250 in City staff time will be required for contractual oversight and
landscape construction inspection. All appropriate staff costs will be charged to the
respective assessment district accounts.
BACKGROUND:
'The City of Arroyo Grande provides landscape and park maintenance for four
assessment districts, including Parkside Village, Grace Lane, Parkview Estates (Tract
1769) and Oak Park Villas (Tract 1158). On January 10, 2012, the City Council
awarded an agreement to Central Coast Earthscapes, Inc. for landscape maintenance
service in the Parkside Village and Grace Lane assessment districts following a
competitive bid process.
Item 8.g. - Page 1
ClNCOUNClL
AMENDMENT NO. 1 TO THE AGREEMENT WITH CENTRAL COAST
EARTHSCAPES FOR LANDSCAPING SERIVCES FOR THE PARKSIDE VILLAGE
ASSESSMENT DISTRICT
NOVEMBER 13,2012
PAGE 2
Following requests from residents in the Parkside Village Homeowners Association, City
staff worked with the owner of Central Coast Earthscapes, Inc. to prepare plans and
costs for landscaping replacements and improvements throughout the corrlmon areas.
ANALYSIS OF ISSLIES:
The common area landscaping in the Parkside Village Assessment District has not
previously received adequate maintenance or any significant renovation, resulting in an
unsightly appearance. In addition, the drip irrigation system has deteriorated,
exacerbating plant decline and appearance. The condition of the landscaping has also
resulted in complaints generated by members of the Parkside Village Homeowners
Association. At a neighborhood meeting conducted by City staff, residents requested
improvements to the landscaping, particularly in light of the large assessment district
fund balance. The proposed landscaping improvements are consistent with resident
requests and will address on-going maintenance challenges.
ALTERNATIVES:
'The following alternatives are provided for the Council's consideration: - Approve staffs recommendation to approve Amendment No. 1 to the Contractor
Services Agreement with Central Coast Earthscapes, Inc.; - Modify and approve Amendment No. 1 to the Contractor Services Agreement
with Central Coast Earthscapes, Inc.: - Do not approve the Amendment; or - Provide direction to staff.
ADVANTAGES :
Using the existing landscaping contractor to complete the proposed landscaping
improvements will avoid the costs and staff time necessary for the bidding process. In
addition, the existing landscaping contractor will be responsible for the maintenance and
replacement for extended term of the agreement. This contractor has a good
performance record both with landscape maintenance projects and installation projects.
Authorization the proposed amendment will also allow for a quicker response to the
Parkside Village resident concerns about the poor condition of the existing assessment
district landscaping.
DISADVANTAGES:
The potential exists for a lower cost for this landscaping installation project through a
competitive bid process, however that process is itself costly and time consuming.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.g. - Page 2
CITY COUNCIL
AMENDMENT NO. 1 TO THE AGREEMENT WITH CENTRAL COAST
EARTHSCAPES FOR LANDSCAPING SERIVCES FOR THE PARKSIDE VILLAGE
ASSESSMENT DISTRICT
NOVEMBER 13,2012
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
'The Agenda was posted in front of City Hall on 'Thursday, November 8, 2012. The
Agenda and staff report were posted on the City's website on Friday, November 9,
2012. A neighborhood meeting was held with the property owners and residents in
Parkside Village on June 18, 2012.
Attachments:
1. Amendment No. 1
2. Original Agreement for Contractor Services with Central Coast Earthscapes Inc.
Item 8.g. - Page 3
ATTACHMENT I
CONTRACTOR SERVICES AGREEMENT
AMENDMENT NO. 1
This First Amendment ("First Amendment") to Contractor Services Agreement
("Agreement") by and between the CITY OF ARROYO GRANDE and CENTRAL COAST
EARTHSCAPES, INC. ("Contractor") is made and entered into this 13" day of November
2012.
WHEREAS, the parties entered into an Agreement dated February 1,2012 for landscape
maintenance services for the Tract 231 0 (Parkside Villqge) and Tract 2236 (Grace Lane)
Landscape Maintenance Assessment Districts; and
WHEREAS, the parties desire to further modify the Agreement as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. Section 1 ("'TERM") of the Agreement, shall be amended in its entirety to read as
follows:
'This Agreement shall be extended and remain and continue in effect until January
31, 2014, unless sooner terminated pursuant to the provisions of this Agreement.
2. To include the additional services for landscaping improvements in the Parkside
Village (Tract 2310) Assessment District at the increased cost as specified in
"Exhibit A" attached hereto and incorporated herein by this reference.
3. Except as modified herein, all other terms and conditions set forth in the
Agreement shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this First
Amendment the day and year first above written.
CENTRAL COAST EARTHSCAPES, INC.
CITY OF ARROYO GRANDE
By:
TONY FERRARA, MAYOR
Item 8.g. - Page 4
Central Coast Earthscapes, Inc
dba EARTHSCAPES
PO Box 5405
EARTHSCAPES San Luis Obispo, CA 93403
EXHIBIT A
Estimate
Estimate #
Contractors License #598255 1
City of Arroyo Grande
Accounts PayableRecreation & Maintenance
300 East Branch St
Arroyo Grande, CA 93420
Proposal valid for 90 days.
Signature
Description
Parkside Park Renovation: Phases 1 and 2 Combined
Demolition, Excavation, and Grading
Demolition Labor: remove existing plants to be removed and haul away, excavate and grade
the planting areas as needed.
Demolition Materials (includes dump fees)
Subtotal for Demolition
Irrigation for new landscaping
Irrigation Labor
Irrigation Materials (use existing valves and controller) install new drip lines or Netafun
Emitterline as needed to accommodate the new planting.
Subtotal for Irrigation
Planting as per EARTHSCAPES plan dated 10- 18- 12
Planting Labor
Planting Materials - includes: soil amendment, gopher baskets for all plants, root barriers for
trees, aviary wire in groundcover areas, and tree stakes and ties.
Plants:
20 flats Dyrnondia groundcover plants
41 4 - 1 gallon plants
4 - 5 gallon plants
9 - 15 gallon trees
Please let us know how you would like to proceed. Thank you!
Page 1
Project
Parkside Park
Total
3,780.00
305.00
4,085.00
3,780.00
3,940.00
7,720.00
8,710.00
8,310.00
Total
Item 8.g. - Page 5
Central Coast Earthscapes, Inc
dba EARTHSCAPES
PO Box 5405
EARTHSCAPES Sari Luis Obispo, CA 93403
Estimate
City of Arroyo Grande
Accounts Payable/Recreation & Maintenance
300 East Branch St
Arroyo Grande, CA 93420
Proposal valid for 90 days.
Description
Subtotal for Planting
Bark Mulch - 3,700 square feet
Bark Mulch installation Labor
Walk on Bark Mulch
Subtotal for Bark Mulch
Signature
Page 2
Project
Parkside Park
Total
17,020.00
1,890.00
2,225.00
4,115.00
Please let us know how you would like to proceed. Thank you! Total $32,940.00
Item 8.g. - Page 6
ATTACHMENT 2
AGREEMENT FOR CONTRACTOR SERVICES
. THIS AGREEMENT, is made and effective as of February 1, 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 February 1, 2012 and shall remain and
continue in effect until January 31 , 2013, unless sooner terminated pursuant to the
provisions of this Agreement. This agreement also allows the option of two, one year . -.-
extensions.
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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Item 8.g. - Page 7
If the City suspends' or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
(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;
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Item 8.g. - Page 8
(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
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.
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
adequate 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.
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Item 8.g. - Page 9
11. INDEMNIFICATION
(a) lndemnification 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, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Partiesn) from and against iny and
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.
(b) lndemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemntfy, 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.
13. 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.
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Item 8.g. - Page 10
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,
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 concert 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
during 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 INFORMATION/CONFLICTS 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 'Ivoluntaryn
provided Contractor gives City notice of such court order or subpoena.
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Item 8.g. - Page 11
(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
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 does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
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:
ASSIGNMENT
City of Arroyo Grande
Doug Perrin
1221 Ash Street
Arroyo Grande, CA 93420
Central Coast Earthscapes, Inc
Suzanne Morrison
P.O. Box 5405
San Luis Obispo, CA 93405
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 t'he 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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20. 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, understandirrgs, 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. .
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the City's Request for Proposal, Exhibit
"Dm, 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. .
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.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that helshe has the authority to execute this Agreemen$ on
behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder. -.
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Item 8.g. - Page 13
IN W\TNESS WHEREOF, the parties hereto .have caused this Agreement to be
executed the day and year first above writien.
CITY OF ARROYO GRANDE CONTRACTOR
By: BB Its: 0LJm d
(Title)
Approved As To Form:
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Item 8.g. - Page 14
EXHIBIT A
SCOPE OF WORK
The lndependent Contractor agrees to provide all necessary equipment and supplies to
perform the following services:
A. Legend:
1. Mow lawns with a reel front throw or rotary mower with catcher.
2. Edging; use a gas power edger, gas power trimmer or an approved
herbicide to edge along curbs, planter areas, and sprinkler heads.
Sweep or use leaf blower to clear clippings and/or debris from all
surfaces. All sprinkler heads should be free from growth for proper
operation.
3. Weed and prune planter areas. Keep planter areas, medians and
pathways free from debris, litter, weeds, and prune any overhanging or
overgrown shrubbery.
B. Maintenance Areas:
1. Parkside Park and common areas, including the landscaping along
Farroll Ave. behind lots 10 and 12, the mini-park, the pathway from
Dixson Street to the park and the drainage basin. (1, 2, 3)
2. Grace Lane common area and pedestrian path (3)
All irrigation system maintenance, replacement of landscape materials, and
watering, will be the responsibility of the City of Arroyo Grande. The lndependent
Contractor is responsible for any damages to irrigation system equipment. The
contractor shall notify the City Parks Department of any irrigation related issues.
No dumping of green waste or trash is allowed at City Yard or in any City trash
receptacles. During the last two (2) weeks of November, all lawn areas are to be
thinned and cut to between one-half (112) to one (1) inch in length.
Work is to be done weekly, and all areas are to be kept neat and in an
acceptable manner. Contractors are requested to submit an alternative bid
for each area to perform the scope of work on a semi-weekly basis. The
lndependent Contractor is responsible for gophers and moles and control
of same.
Payment shall be on a per site basis per Exhibit "B". .
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Item 8.g. - Page 15
EXHIBIT B
PAYMENT SCHEDULE (Per Month)
SECTION 1 : Weekly Service
1) Parkside Park and common areas, including the landscaping along Farroll Ave.
behind lots 10 and 12, the mini-park, the pathway from Dixson Street to the
park and the drainage basin. $830.00
ALTERNATIVE SCHEDULE (PER MONTH)
SECTION 1 : Semi-weekly Service (every two weeks)
1) Grace Lane common area and pedestrian path (3) $1 10
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Item 8.g. - Page 16
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
$2,000,000 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
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Item 8.g. - Page 17
insured's liability is determined, not requiring actual payment by the insured first. There .
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
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 $2,000,000 per
occurrence.
Professional Liability or Errors and Omissions Insurance 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 $2,000,000 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 dde 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 cam'ers 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.
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Item 8.g. - Page 18
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 employee of the insured or of any Contractor or subcontractor.
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 performance 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
Page 14
Item 8.g. - Page 19
Contractor, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
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 Clty 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
andlor 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.
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Item 8.g. - Page 20
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.
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 16
Item 8.g. - Page 21
EXHIBIT D
REQUEST FOR PROPOSAL
1. INTRODUCTION
The City of Arroyo Grande wishes to contract with a qualified company to provide
landscape maintenance at specified sites within the City of Arroyo Grande. The
intended duration of the contract is January 1, 2012 through December 31, 2012, with
the option of two, one year extensions.
On Wednesday, November 9, 201 1, Parks Supervisor Kevin Rocha will conduct
a tour for contractors that wish to submit proposals. The tour will begin at the
City Corporation Yard, 1375 Ash Street. Please arrive by 9:00 a.m. Questions
concerning proposals are to be directed to Doug Perrin, Director of Recreation
and Maintenance Services, at 473-5474.
A. Landscape Maintenance
The City of Arroyo Grande currently maintains landscaping in numerous
assessment districts and wishes to contract out maintenance of those
areas. (see scope of services)
B. 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, labor and
equipment, potential monthly fees and other fees for each identified
site;
4. Contractor is responsible for providing all equipment, supplies and
materials;
5. Contractual employees are subject to a police background check.
C. Proposals Must Include:
1. Written schedule of days specific areas will be mowed, weeded or
otherwise maintained;
2. Name, address and phone number;
3. Three references of current or previous clients;
4. Authorized signature. ,
D. Specific Citv Information:
1. . Incorporated: July 11, 1911
2. Total Area: 5.45 square miles
3. Population: . 17,252 (201 1 census)
4. Elevation: 114 feet
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Item 8.g. - Page 22
II. SCOPE OF SERVICES
The lndependent Contractor agrees to provide all necessary equipment and
supplies to perform the following services:
A. Leaend:
1. Mow lawns with a reel front throw or rotary mower with catcher.
2. Edging; use a gas power edger, gas power trimmer or an approved
herbicide to edge along curbs, planter areas, and sprinkler heads.
Sweep or use leaf blower to clear clippings and/or debris from all
surfaces. All sprinkler heads should be free from growth for proper
operation. .
3. Weed and prune planter areas. Keep planter areas, medians and
pathways free from debris, litter, weeds, and prune any overhanging or
overgrown shrubbery.
C. Maintenance Areas:
1. Berry Gardens retention basin. (1 &2)
2. parkside Park and common areas; including the landscaping along
Farroll Ave. behind lots 10 and 12, the mini-park, the pathway from
Dixson Street to the park and the drainage basin. (1, 2, 3)
3. Parkview Estates traffic medians and landscaped areas (Oak Park and
Farroll) (2 & 3).
4. Oak Park Greenbelt (1, 2, 3) Oak Park Boulevard and Meadowlark
Drive
5. Grace Lane common area and pedestrian path (3)
All irrigation system maintenance, replacement of landscape materials, and
watering, will be the responsibility of the City of Arroyo Grande. The lndependent
Contractor is responsible for any damages to irrigation system equipment. The
contractor shall notify the City Parks Department of any irrigation related issues.
No dumping of green waste or trash is allowed at City Yard or in any City trash
receptacles. During the last two (2) weeks of November, all lawn areas are to be
thinned and cut to between one-half (112) to one (1) inch in length.
Work is to be done weekly, and all areas are to be kept neat and in an
acceptable manner. Contractors are requested to submit an alternative bid
for each area to perform the scope of work on a semi-weekly basis. The
lndependent Contractor is responsible for gophers and moles and control
of same.
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Item 8.g. - Page 23
Payment shall be on a per site basis per Exhibit "6".
Ill. SCHEDULE OF EVENTS
The following are the anticipated schedule of events for this project:
............................................................................... Issue RFP November 2, 201 1
.......................................... Bids due to the City by 4:00 p.m. November 29, 201 1
................................................................ Contractor Selection December 6, 201 1
............................................... City Council Awards Contract December 13, 201 1
Contract begins .......................................................................... January 1 201 2
IV. PROPOSAL REQUIREMENTS AND PROCESS
A. Form and Content of Proposal:
The Proposal shall be limited to 10 pages, with the exception of
resumes, and include as a minimum the following;
1. Personnel
ldentify and define the experience of the Contract Manager and
provide their individual resume. The designated Contract .
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, and provide
their individual resume(s).
2. References
Provide three 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 number of the
. client's key contact on the project.
3. Cost Summary
ldentify the proposed basis for fees and charges as appropriate
with hourly rates of staff that could be assigned. Prevailing wages
are applicable. .
ldentify number of hours to be dedicated to each site.
ldentlfy alternate cost to perform scope of work on semi-weekly
basis.
Costs shall be provided in the bid for each site independently, but
will be combined by the City for purposes of evaluation.
4. 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.
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Item 8.g. - Page 24
6. 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
"Proposal for Landscape Maintenance" Hand deliver or mail the proposal to
ensure receipt on or before 4:00 PM, Tuesday, November 2gth, 201 1 to:
City of Arroyo Grande
Legislative and Information Services
300 East Branch Street
Arroyo Grande, CA 93420
Attention: Kelly Wetmore, City Clerk
B. REQUESTS FOR INFORMATION
The selected contractor shall formally submit clarifications or requests for
additional documentation to City staff for review. The City shall reply verbally or
with a written response'to the contractors 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 93421
Attention: Doug Perrin, Director of Recreation and Maintenance Services
Telephone: (805) 473-5474
Fax: (805) 473-5479
E-Mail: dperrin@arrovonrande.org
C. SELECTION PROCESS AND EVALUA'TION CRITERIA
Each proposal will be reviewed by a Selection Committee to determine if the
minimum 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 by the
Committee using the following criteria:
Understanding of the work to be performed,
Experience with similar assignments,
Ability to complete the assignment in a timely manner.
Cost
Note: This is a prevailing wage contract. The actual fee will be
negotiated after selection of the successful applicant. Depending on
the results of bids received some of the identified sites may be
eliminated.
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Item 8.g. - Page 25
DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the Proposal. In its sole discretion, the City
reserves the right to extend the due date for the Proposal, to accept or reject any
or all Proposals received as a result of this request, to negotiate with any
qualified Contractor or to cancel this RFP in part or in its entirety.
By submitting a response to this RFP, proposers waive all right to protest or seek
any legal remedies whatsoever regarding any aspect of this RFP. Although it is
the City's intent to choose the most qualified proposal, the City reserves the right
to reject all or choose any number of qualified proposals.
Page 21
Item 8.g. - Page 26
EXHIBIT E
CONTRACTOR'S PROPOSAL
Page 22
Item 8.g. - Page 27
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Legislative and Information Services
Attention: Kelley Wetmore, City Clerk
November 28,20 1 1
LANDSCAPE MAINTENANCE PROPOSAL
SCOPE OF SERVICES
See attached EXHIBIT "A" - SCOPE OF WORK, Sections A & B
See attached EXHIBIT "B" - Payment schedule w/Alternate
See attached EXHIBIT "C" - Insurance requirements
See attached EXHIBIT "D" - RFP - Attachments
COMPANY PROFILE
EARTHSCAPES is a full service landscape design, installation and
maintenance company with over 20 years experience serving San Luis Obispo
County. We specia.lize in Sustainable Landscape Maintenance Services, drought
tolerant planting design, the design and installation of water efficient Irrigation
systems (including smart controllers) for residential and commercial clients. We
also perform Water Audits for Irrigation systems, Drainage and Erosion control,
Excavation and grading and the installation of all aspects of landscape construction.
EARTHSCAPES currently maintains several Homeowners Associations,
residential properties and has a contract with the City of SLO, maintaining their
Medians, Parkways and small Parks within the City. We have had the City of SLO
contract since July 1,2009 and have made tremendous improvements on their
properties since we started.
1. Staff responsible for Landscape Maintenance & Management Services
Contract Manager: Suzanne Morrison
Landscape Maintenance Supervisor: Ian Parker
Landscape Maintenance ore man: Bryan Hibbert
Landscape Maintenance Assistant: Jorge Fuerte
(See attached resumes) ,
2. REFERENCES: See attached Past Performance Reports
1.) Todd Beiprhts- Maintenance Supervisor - City of San Luis Obispo, Public
Works Dept. - 25 Prado Road, San Luis Obispo, CA 9340 1 phone (805)78 1-7022
(805) 545-9600 PO Box 5405 San Luis Obispo CA 93403 www.earthscapes.biz 1
Item 8.g. - Page 28
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, 225 1 Broad Street, Suite
C, San Luis Obispo, CA 93401 ph (805)543-8321
3. COST SUMMARY: see EXHIBIT "B" Pavment Schedule
Hourly rate for Landscape Managers = $40 per hour
Hourly rate for Landscape Foreman and crew = $26 per hour
SCHEDULE FOR LANDSCAPE MAINTENANCE SERVlCES
WEDNESDAYS: All work to be completed in ,the following order for a 3 person
crew
1. Grace Lane (service item #3) for .5 hrs. per week (visit) = 1.5 labor hrs.
2. Parkside Park and common areas (# 1,2,3) for 2.25 hrs. per week (visit)
3. Parkview Estates traffic medians (#2,3) for 2 hrs. per week (visit)
4. Berry Gardens retention basin (#1,2) for .75 hrs. per week (visit)
5. Oak Park Greenbelt (#1,2,3) for 2 hrs. per week (visit)
4. This proposal is valid for ninety (90) days. 0 fl
Respectfully submitted by: rn
Suzanne Morrison u
CENTRAL COAST EARTHSCAPES, INC.
(805) 545-9600 PO Box 5405 San Luis Obispo CA 93403 www.earthscapes.biz 2
Item 8.g. - Page 29
•
• . EXHIBIT B- - -
• PAYMENT SCHEDULE (Per Month) i -
- SECTION 1: Weekly Service •
1) Berry Gardens retention basin. $ 3 00 • • •
. 2) Parkside Park and common areas, including .the landscaping along Farroll Ave. •
behind lots 10 and 12, the mini- ark, the pathway from Dixson Street to the
park and the drainage basin. $_ ` Q -
3) Parkview Estates traffic medians and landscaped areas (Oak Park and Farroll)
.
4) Oak Park Greenbelt, Oak Park Boulevard and Meadowlark Drive $ 7 `tQ •
5) Grace Lane common area and pedestrian path (3) 4. Q • •
• ALTERNATIVE SCHEDULE (PER MONTH) - •
• SECTION 1: Semi-weekly Service (every two weeks) •
. 1) Berry Gardens retention basin. $ 1'5Q - • , . • •
2) Parkside Park and common areas, including the landscaping along Farroll Ave. .
. - behind lots 10 and 12, the mini-p rk, the pathway from•Dixson -Street to the
park and the drainage basin. $ -
3) Parkview Estates traffic-medians and landscaped areas (Oak Park and Farroll)
$ x -1.0 .
4) Oak Park Greenbelt, Oak Park Boulevard and Meadowlark Drive $ 3 7 0 -
- 5) Grace Lane common area and pedestrian path (3) A - I (Q - •
•
- - Page 11 - , .
•