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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. Page 1 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; Page 2 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. Page 3 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. Page 4 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. Page 5 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. Page 6 Item 8.g. - Page 12 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. -. Page 7 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: Page 8 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". . Page 9 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 Page 11 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 Page 12 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. Page 13 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. Page 15 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 Page 17 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. Page 18 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. Page 19 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. Page 20 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 - , . •