CC SR 20160719 O - Stay Green Inc. Agmt for Labor & Equipment for City LandscapingRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 07/19/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a maintenance agreement to Stay Green,
Inc, for Labor and Equipment for City Landscaping, General Maintenance, and Litter &
Trash Services.
RECOMMENDED COUNCIL ACTION:
(1) Reject the bid protest filed by Bennett Landscaping as being unsubstantiated;
(2) Authorize an additional appropriation from the General Fund of $78,766;
(3) Award a three-year Maintenance Agreement for Labor and Equipment for City
Landscaping, General Maintenance, and Litter & Trash Services for FY16-17
through FY18-19 to Stay Green, Inc. in a total amount not to exceed $2,841,198;
(4) Authorize Staff to use up to an additional $25,000 annual contingency for
scheduled and unscheduled Contractor overtime to support City events which
occur outside of scheduled working hours and after-hours emergency response;
and
(5) Authorize the Mayor and City Clerk to execute the Maintenance Agreement,
subject to approval as to form by the City Attorney.
FISCAL IMPACT: The total cost of the three-year agreement, including the three-year
base bid ($2,841,198) and annual overtime contingency ($75,000), is $2,916,198, for an
annual not -to -exceed cost of $972,066.
Amount Budgeted: $893,300
Additional Appropriation: $78,766
Account Number(s): See Exhibit E
ORIGINATED BY: Sean Larvenz, Maintenance Superintendent --a-'
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager'Al"i UW
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Maintenance Agreement — Stay Green, Inc. (page A-1)
B. Bid Proposal — Stay Green, Inc. (page B-1)
C. Bid Protest — Bennett Landscaping (page C-1)
D. Rebuttal to Bid Protest — Stay Green, Inc. (page D-1)
E. Account Numbers - (page E-1)
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BACKGROUND AND DISCUSSION:
The City has contracted for maintenance services for landscaping and litter and trash
control services under multiple contracts with multiple vendors for many years. To
simplify contract management, Public Works combined three separate contracts into a
single specification and added a general maintenance services component. The
consolidation to a single contract and vendor will improve efficiency by having fewer
points of contacts, providing better coverage, and eliminating gaps in coverage and
duplication of effort. The addition of general maintenance services will allow
maintenance department personnel to shift the majority of their focus from work order
tasks to production control, contract surveillance, and quality assurance.
The request for bids for Labor and Equipment for City Landscaping, General
Maintenance, and Litter & Trash Services was publicly advertised, and four sealed bids
were received and opened on June 6, 2016. Of the four bids received, Stay Green, Inc.
submitted the apparent low bid (Attachment B).
BID SUMMARY
Bidder
Bid Amount
Stay Green, Inc.
$2,841,198.00
Venco Western, Inc.
$3,034,188.00
Bennett Landscaping
$4,801,680.00
Marina Landscape Maintenance, Inc.
$6,777,900.01
Staff has verified Stay Green, Inc.'s references and found their past performance on
projects of similar size and scope to be satisfactory. Stay Green, Inc. has performed
similar work for several agencies throughout Southern California, including the cities of
Downey, Burbank, and Santa Clarita. Their bid, bonds, and insurance documents are in
order and their contractor's license is current.
The proposed agreement (Attachment A) is for a period of three years, FY16-17 to
FY18-19, with three, one-year extension options, based on Contractor performance and
mutual consent. Each one-year extension would be at the same annual rate as the
original three years. Staff recommends a contingency amount of $25,000 annually in
addition to the Contractor's base bid of $2,841,198 for overtime to support City events
such as "Whale of a Day" and "July 4t" Celebration", which occur outside of scheduled
working hours, and after-hours responses to emergency calls for service.
Upon reviewing the bids, staff determined that the amount budgeted in FY 16-17 was
not adequate to fully fund all of the services requested in the new specification. Staff is
requesting an additional appropriation of $78,766 from the General Fund above the
$893,300 budgeted to fully fund the contract. The additional funding is required to cover
general maintenance services, such as carpentry, welding, and fencing. These services
have historically been performed by City maintenance staff and a variety of contractors.
The addition of the general maintenance services component of this contract will allow
the department to affect general maintenance repairs more quickly and cost effectively.
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We will save time by reducing the need to obtain quotes for individual repairs which
were previously not covered under a maintenance contract and save money by
performing the repairs with contracted personnel at lower hourly rates than those
typically received on a job by job basis. The additional funding will be split equally
between the Building Maintenance and Parks, Trails, and Open Space Maintenance
accounts.
Bid Protest
The City received a bid protest (Attachment C) from Bennett Landscaping, the third -
lowest bidder, dated June 9, 2016. The bid protest letter cited several portions of the
bid documents and Staff's responses to requests for interpretation which they perceived
to have created an unfair process. In relevant part, the bid protest letter makes the
following allegations, each of which is discussed in turn:
1. The City improperly issued responses to requests for interpretation through
written answers to questions rather than formal addendum.
The City's Contract Documents state: "Any interpretation or correction of the contract
document will be made only by an Addendum duly issued, and a copy of such
Addendum will be mailed, delivered or faxed to each person receiving a set of the
contract documents. No oral interpretation of any provision in the contract documents
shall be binding." (Bid Package, page i-4.)
In response to questions from bidders, the City issued one document titled an
Addendum (dated May 23, 2016), and issued four written documents with answers to
questions (dated May 23, 25, 31 and June 1, 2016). Both the Addendum and the
answers to questions were issued, in writing, to all plan holders, including Bennett
Landscaping, so all bidders had the same information.
2. The lowest bidder did not use the correct labor rates set by the Department of
Industrial Relations.
Staff forwarded the bid protest to the City Attorney's office for review and
recommendation. The City Attorney's office reviewed the protest and advised Staff to
forward a copy of the bid protest to Stay Green, Inc., the lowest bidder, requesting their
response to the Allegation No. 2, that the lowest bidder used incorrect prevailing wage
rates (Attachment D). On June 20, 2016 the attorney for Stay Green responded that
Stay Green had used the correct prevailing wage rates. It should be further noted that
Stay Green certified in its Proposal that it would pay the appropriate prevailing wages.
3. The labor classifications listed in the Contract Documents were not registered
classifications with the Department of Industrial Relations.
The prevailing wage laws impose a variety of responsibilities on public entities awarding
contracts for public works. The body awarding any contract for public work, or
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otherwise undertaking any public work, must obtain the general prevailing rate of per
diem wages and the general prevailing rate for holiday and overtime work in the locality
in which the public work is to be performed for each craft, classification, or type of
worker needed to execute the contract from the Director of Industrial Relations. (Lab.
Code, § 1773) It must then either specify in the call for bids, the bid specifications and
in the contract itself what the prevailing wages are, or it must state that those rates are
available at the public entity's office. (Lab. Code, § 1773.2.) The awarding body is also
required to cause to be inserted into the contract stipulations that, in the event that the
contractor fails to pay the prevailing wages, the contractor is liable for penalties and for
the shortfall in wages. (Lab. Code, § 1775). (See generally, Aubry v. Tri -City Hospital
Dist. (1992) 2 CalAth 962, 967.)
As required by Labor Code section 1773.2, the Contract Documents state that
"[p]ursuant to the Labor Code of the State of California, the Director of Industrial
Relations has determined the general prevailing rate of wages and employer payments
for health and welfare, vacation, pension and similar purposes applicable to the work to
be done. This rate and scale are on file with the Director of Public Works and
copies will be made available to any interested party on request." (Bid Package,
page NC -2.) The Contract Documents further state "[p]ursuant to Labor Code Section
1773.2, copies of the prevailing rate of per diem wages for each craft,
classification, or type of worker needed to perform the Agreement are on file at
City Hall and will be made available to any interested party on request. Contractor
acknowledges receipt of a copy of the DIR determination of such prevailing rate of per
diem wages, and Contractor shall post such rates at each job site covered by this
Agreement." (Bid Package, page GP -2.)
In response to the question "What are the wage rates (prevailing) to be used?" the City
answered, "The City does not determine the wage rates, these are set by the California
Department of Industrial Relations." The City has a computer available at the Public
Works Department counter from which bidders can look up the then -current prevailing
wages required by the DIR.
4. The City's responses to questions conflict with the Contract Documents.
Specifically, in response to a question noting that apprentices are not listed in the
bid form the City stated, "Only the positions listed in the specifications are
required. "
This allegation refers to Section 8 of the General Provisions titled "Apprentices", which
states:
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and
1777.7 of the California Labor Code and Title 8, California Administrative code
section 200 et seq. to ensure compliance and complete understanding of the law
regarding apprentices ... Attention is directed to the provisions of Sections
1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under Contractor. It shall be Contractor's
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responsibility to ensure that all persons shall comply with the requirements of
said sections in the employment of apprentices... Information relative to
apprenticeship standards and administration of the apprenticeship program may
be obtained from the Department of Industrial Relations, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch
offices.... Information relative to apprenticeship standards and administration of
the apprenticeship program may be obtained from the Department of Industrial
Relations, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
The burden is on the contractor to determine what apprentices, if any, are required for
the project. The burden on the City is to "cause to be inserted in the contract
stipulations to effectuate [Labor Code section 1777.5]. The stipulations shall fix the
responsibility of compliance with [Section 1777.5] for all apprenticeable occupations
with the prime contractor." (Lab. Code, § 1777.5.)
5. The City's responses to questions and requests for interpretations conflicted with
the Contract Documents. Specifically, in response to a question noting "what line
item is for the overall supervisor?" The City stated, "As no on site overall
supervisor is specified in the project the cost of this level of project oversight shall
be calculated into the rates for onsite personnel."
This allegation refers to Section 26 of the General Provisions titled "Contractor's
Supervisor", which states:
The Contractor shall designate in writing and keep on the work at all times during
its process a competent, full-time, technically qualified Supervisor per these
Special provisions. The Contractor's supervisor shall be present at the site of the
work at all times while work is in progress. The Supervisor's sole duties shall be
to supervise a full work crew and coordinate activities pertaining to any work
performed by the Contractor or its subcontractors, including traffic control and
public notifications. Failure to observe this requirement shall be considered as
suspension of the work by the Contractor until such time as such supervisor is
again present at the site. The Director of Public Works or his authorized
representative shall have the right, at any time, to direct a change in the
Contractor's supervisor, if the performance is unsatisfactory, as determined by
the Director of Public Works or his authorized representative, in its sole
discretion.
The Special Provisions do not provide for a Supervisor to be on site, as such there is no
need for a separate line item.
Based on the foregoing analysis, each allegation appears to be unsubstantiated.
Consequently, it is recommended that the bid protest be rejected and the maintenance
contract be awarded to the lowest bidder, Stay Green.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Award an Agreement to the second -lowest bidder, Venco Western, Inc.
2. Reject all bids and direct Public Works to re -advertise the contract.
3. Take other action as deemed appropriate by the City Council.
Al
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
STAY GREEN, INC.
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
STAY GREEN, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this day of , 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Stay Green, Inc. ("Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
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mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiaritv with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
01203.0006/302166.1 -2- A-3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Two Million, Nine Hundred Sixteen Thousand, One
Hundred Ninety -Eight Dollars ($2,916,198.00) (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
01203.0006/302166.1 -3- A-4
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
01203.0006/302166.1 -4- A-5
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (18 0) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
01203.0006/302166.1 -5- A-6
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [Sean Larvenz or] such person as may be designated by the
City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
01203.0006/302166.1 -6- A-7
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
then the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
01203.0006/302166.1 -7- "
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
01203.0006/302166.1 -8- A-9
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
01203.0006/302166.1
-9- A-10
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
01203.0006/302166.1 -10- A-11
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentialitv and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
01203.0006/302166.1 -11- A-12
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, 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 party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
01203.0006/302166.1 -12- A-13
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
01203.0006/302166.1 - 13 - A-14
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
7.10 Liquidated Damages
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of ($ ) as liquidated damages for
each working day of delay in the performance of any service required hereunder, as specified in
the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on
account of services performed by the Contractor any accrued liquidated damages.
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01203.0006/302166.1
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
-ls- A-16
01203.0006/302166.1
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts. V%
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
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01203.0006/302166.1
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/302166.1
-17- A-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
CONSULTANT:
By:
Name:
Title:
Lo
Name:
Title:
Address:
, Mayor
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/302166.1 - is - A-19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/302166.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/302166.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-21
EXHIBIT "A"
SCOPE OF SERVICES
I. Stay Green, Inc. shall perform the following services for the City of Rancho Palos
Verdes in accordance with the requirements set forth in the "General Provisions", "Special
Provisions", "Performance Work Statement", and "Annexes A through E" in the bid
documents for the project entitled LABOR AND EQUIPMENT FOR CITY
LANDSCAPING, GENERAL MAINTENANCE, AND LITTER & TRASH SERVICES:
A. Stay Green, Inc. shall provide onsite service labor for Administration Services,
Landscape Services, General Maintenance Services, and Trash, Litter & Debris
Services with an annual not -to -exceed amount of $695,760, and with a three-year
base contract not -to -exceed amount of $2,087,280, such services to be
compensated for pursuant to Section A of Exhibit "C," Schedule of
Compensation.
01203.0006/302166.1
i. Administration Services
1. "Contractor shall establish and manage a maintenance service
request reception desk at City Hall; utilizing CityWorks and
transparent to DPW and all City Departments." (Reference:
Performance Work Statement, Section P.2.)
ii. Landscape Services
1. "Contractor shall establish and operate a Landscape Services
Section to maintain parks, trails, open spaces, rights of way,
medians, infrastructure, assets, and utilities in the City through
inspections, scheduled maintenance, preventive maintenance, and
customer -generated work orders, received through the maintenance
service request reception desk. Landscape Services capabilities will
include, but not be limited to: Landscaping services, fuel
modification services, irrigation system maintenance, pest control,
and trails and open space maintenance." (Reference: Performance
Work Statement, Section P.3.) The specific details of the
Landscape Services Section are described in Performance Work
Statement, Section P.3.
iii. General Maintenance Services
1. "Contractor shall establish and operate a General Maintenance
Section to maintain buildings, infrastructure, assets, and utilities in
the City, through inspections, scheduled maintenance, preventive
maintenance, and customer -generated work orders, received
A-22
through the maintenance service request reception desk. General
Maintenance Service's capabilities will include, but not be limited
to: Plumbing, carpentry, masonry, painting, inspecting, welding,
fencing, material handling, cleaning, and general labor."
(Reference: Performance Work Statement, Section PA.)
iv. Trash, Litter and Debris Services
1. "Trash: Contractor shall be remove all trash, recyclables and debris
from City trash cans daily (7 days/week) IAW [in accordance with]
the TE [Technical Exhibits, or Annexes A-E]." (Reference:
Performance Work Statement, Section P.S.)
2. "Litter and Debris: Contractor shall remove litter and debris found
within the contract areas daily (7 days/week) IAW the TE. Liter
and debris includes, but is not limited to: mattresses, furniture,
cartons, bottles, paper, plastic, metal, tires, stones, soil, organic
materials, flyers, decorations, and advertisements. Contract areas
shall include, but not be limited to: utility poles, sign posts, trash
cans, buildings, and other improvements within the City right of
way and on other City owned parcels to include Parks, trails, and
open spaces." (Reference: Performance Work Statement, Section
P.S.)
B. Stay Green, Inc. shall provide all vehicles and equipment listed in Annex "D,"
Schedule of Equipment for a flat monthly fee of $16,036.61, with an annual not -
to -exceed amount of $192,440.00, and with a three-year base contract not -to -
exceed amount of $577,320.00, such equipment to be compensated for pursuant to
Section B of Exhibit "C," Schedule of Compensation. Equipment is listed in
Exhibit "A-1," Annex D — Schedule of Required Equipment.
C. Stay Green, Inc. shall provide materials listed in Annex "E," Schedule of
Estimated Quantities for a flat monthly fee of $4,905.50, with an annual not -to -
exceed amount of $58,866, and with a three-year base contract not -to -exceed
amount of $176,598, such material to be compensated for pursuant to Section C of
Exhibit "C," Schedule of Compensation. Material is listed in Exhibit "A-2,"
Contractor Provided Materials.
D. Stay Green, Inc. shall perform on-call services not covered in Section A above, as
requested in writing by the Contract Officer, in accordance with the rates quoted
in the Contractor's proposal in Bid Category 4 Bid Alternates, for an aggregate
annual not -to -exceed amount of $25,000 and with a three-year not -to -exceed
amount of $75,000 and such labor to be compensated for pursuant to Section D of
Exhibit "C," Schedule of Compensation. On-call services are for emergency
responses to incidents which occur outside of normal business hours. This is
01203.0006/302166.1
A-23
limited to incidents which pose a significant risk to the life, safety, health or
environment.
i. On-call services rendered shall be itemized on monthly invoices and be
accompanied by the Contracting Officer's letter of authorization.
II. As part of the Services, Stay Green, Inc. will prepare and deliver the following
tangible work products to the City:
A. Landscape Services Standard Operating Procedure (Reference: Performance Work
Statement, Section P.3.4.)
B. Maintenance Services Standard Operating Procedure (Reference: Performance
Work Statement, Section P.4.4.)
III. In addition to the requirements of Section 6.2, during performance of the Services,
Stay Green, Inc. will keep the City appraised of the status of performance by
delivering the following status reports:
A. Weekly Work Order Report (Reference: Performance Work Statement, Section
P.2.3.)
B. Monthly Work Order Report (Reference: Performance Work Statement, Section
P.2.4.)
C. Monthly Irrigation Report (Reference: Performance Work Statement, Section
P.3.15.1.1.)
D. Monthly Pesticide Use Report (Reference: Performance Work Statement, Section
P.3.33.2.2.)
E. Monthly Lighting System Report (Reference: Performance Work Statement,
Section P.4.14.9.3.)
F. Monthly Playground Safety Inspection Sheets (Reference: Performance Work
Statement, Section P.4.14.14.)
IV. All work product is subject to review and acceptance by the City, and must be
revised by Stay Green, Inc. without additional charge to the City until found
satisfactory and accepted by City.
V. Stay Green, Inc. will utilize the following personnel to accomplish the Services:
A. 1 Each - Service Request Technician
B. 1 Each - Lead Landscape Technician
01203.0006/302166.1
A-24
C. 1 Each - Senior Landscape Technician
D. 1 Each - Irrigation Technician
E. 4 Each — Landscape Laborer
F. 1 Each - Lead Maintenance Worker
G. 1 Each — Senior Maintenance Worker
H. 2 Each — Maintenance Laborer
I. 3 Each — Litter Laborer
01203.0006/302166.1
A-25
EXHIBIT 66A-1"
Annex D — Schedule of Required Equipment
Functional
PWS
Horse
Nomenclature
Name
Specification
Size
Power/
Grade
Quantity
area
Reference
displacement
Tarp,
Landscape
equipment
16'-20'x
Landscaping
P.3.8.1.
Utility trailer
ramp, 48 side
N/A
Commercial
2
trailer
g' deck
rails & warning
beacon
Landscaping
P.3.8.2.
Mower
Zero turn
Mulching
60" deck
25Hp
Commercial
2
radius, riding
4WD, PTO,
Compact
30Hp to
Landscaping
P.3.8.3.
Tractor
loader,& 3
Commercial
1
Utility
50Hp
point hitch
Landscaping
P.3.8.3.
Box Blade
Gannon
With scarifier
65"
N/A
Commercial
1
3 -point, lift
Landscaping
P.3.8.3.
Mower
Rotary cutter
type, 540RPM
72"
n/a
Commercial
1
PTO
Landscaping
P.3.8.4.
Brush Chipper
Trailer
6"+ feed
25Hp to
Commercial
1
mounted
throat
35Hp
Landscaping
P.3.8.5.
Chain saw
Large
30" bar
>50cc
Professional
2
20"-24
Landscaping
P.3.8.5.
Chain saw
Medium
<50cc
Professional
2
bar
Personal
Landscaping
P.3.8.5.
Protective
Chaps
6 Ply
32" to 40"
N/A
Commercial
4
Clothing
Personal
Head, face,
Landscaping
P.3.8.5.
Protective
hearing
Adjustable
N/A
Professional
4
Clothing
protection
Landscaping
P.3.8.6
Pole Pruner
Gas powered
Adjustable
18' pole
36.3cc
Professional
2
Landscaping
P.3.8.7.
Trimmer
Gas powered
16.5"cut
36.3cc
Professional
4
Landscaping
P.3.8.8.
Blower
Gas powered
<66dB(A)
64.8cc
Professional
4
Landscaping
P.3.8.9.
Hedge Trimmer
Gas powered
135 Deg cutting
20" blade
31.4cc
Professional
4
head
Landscaping
P.3.8.10.
Shovel
Digging
Commercial
4
Landscaping
P.3.8.10.
Shovel
Trench
Commercial
4
Landscaping
P.3.8.10.
Shovel
Scoop
Commercial
2
Landscaping
P.3.8.10.
Shovel
Transfer
Commercial
2
Landscaping
P.3.8.10.
Fork
Manure
Commercial
4
Landscaping
P.3.8.10.
Rake
Bow rake
15 tine
Commercial
4
Landscaping
P.3.8.10.
Rake
Leaf
Commercial
4
Landscaping
P.3.8.10.
Rake
Cultivator
4 tine
Commercial
4
Landscaping
P.3.8.10.
Mattock
Commercial
2
01203.0006/302166.1
A-26
Landscaping
P.3.8.10.
Axe
Single bit
Commercial
2
Landscaping
P.3.8.10.
Hammer
Sledge
16 Lbs
Commercial
2
Landscaping
P.3.8.10.
Post Hole Digger
Non-conductive
4'
Commercial
2
Landscaping
P.3.8.10.
Hoe
Commercial
2
Landscaping
P.3.8.10.
Lopper
Bypass
32"
Commercial
2
Landscaping
P.3.8.10.
Broom
Push
24"
Commercial
2
Landscaping
P.3.8.10.
Tools
other
Commercial
1
Landscaping
P.3.8.10.
Wheelbarrow
6 Cu. Ft.
Commercial
2
High lift gate,
5-6 Yard
Landscaping
P.3.9.1.
Dump Truck
5-6 Yard
tarp, light bar,
Commercial
1
box
hitch, signs
Tarp, light bar,
lift gate, hitch,
Landscaping
P.3.9.2.
Truck
Stake bed
1 ton
Commercial
2
tool storage
boxes, signs
Light bar, hitch,
Landscaping
P.3.9.3.
Truck
Utility bed
pipe rack (Van
3/4 ton
Commercial
1
optional), signs
Telescoping
General
6K 36' lift
P.4.10.1.
Fork lift
boom, all
74Hp
Commercial
1
Maintenance
height
terrain
General
John Deere 310
P.4.10.2.
Backhoe loader
99Hp
Commercial
1
Maintenance
SI or equal
ramps, load
General
Equipment
P.4.10.3.
Trailer
securement
12 ton
Commercial
1
Maintenance
transport
devices
Light bar, hitch,
General
P.4.11.1.
Truck
Utility bed
pipe rack (Van
3/4 ton
Commercial
2
Maintenance
optional), signs
Tarp, light bar,
General
lift gate, hitch,
P.4.11.2.
Truck
Stake bed
1 ton
Commercial
1
Maintenance
tool storage
boxes, signs
Tarp,
General
Landscape
equipment
16'-20'x
P.4.11.3.
Utility trailer
ramp, 48 side
N/A
Commercial
1
Maintenance
trailer
g' deck
rails & warning
beacon
General
P.4.13.1.
Chain saw
Large
30" bar
>50cc
Professional
2
Maintenance
General
20 24
P.4.13.1.
Chain saw
Medium
<50cc
Professional
2
Maintenance
bar
Personal
General
P.4.13.1.
Protective
Chaps
6 Ply
32" to 40"
N/A
Commercial
4
Maintenance
Clothing
Personal
Head, face,
General
P.4.13.1.
Protective
hearing
Adjustable
N/A
Professional
4
Maintenance
Clothing
protection
General
P.4.13.2.
Pole Pruner
Gas powered
Adjustable
18' pole
36.3cc
Professional
1
Maintenance
01203.0006/302166.1
A-27
01203.0006/302166.1
1 •
•
Personal
Head, face,
General
P.4.13.2.
Protective
hearing
Adjustable
N/A
Professional
1
Maintenance
Clothing
protection
KIPPERTOOLS
GMTK General
General
General
Mechanic's Tool
Maintenance
P.4.13.3.
Tool Kit
Mechanic
Kit 5, P/N: KIT
Professional
2
GMTK-S-BLK or
equivalent.
Coordless
KIPPERTOOL,
General
P/N: KIT CDSK-
p•4.13.4.
Tool Kit
Power Tool
Professional
2
Maintenance
WA -20V -R2 or
Kit
equivalent.
Insulated
KIPPERTOOLS,
General
P/N: KIT
p•4.13.5.
Tool Kit
Electrical
Professional
2
Maintenance
Tool Kit
ELECTRICAL or
equivalent.
Miller Bobcat
portable
General
P.4.13.6.
Welder/Generator
welder
250 Welder
250 Amp
Professional
1
Maintenance
907500001 or
generator
equivalent
Personal
Helmet,
General
P.4.13.6.
Protective
gloves,
Professional
1
Maintenance
Clothing
leathers
MILLER
SPECTRUM 625
X-TREME
General
PLASMA
P.4.13.7.
Plasma Cutter
Professional
1
Maintenance
CUTTER WITH
12 FT. XT40
TORCH or
equivalent.
Victor
Professional
Portable Torch
General
P.4.13.8.
Torch
Oxy/Actyl
Outfit W/
Professional
1
Maintenance
Cylinders -
Acetylene or
equivalent.
Jet model
General
P.4.13.9.
Band Saw
7" x12"
414459 or
3/4 Hp
Professional
1
Maintenance
Horizontal
equivalent.
Jet model
General
....
P41310
Drill Press
Floor
35440 15
3/4 Hp
Professional
1
Maintenance
mounted
115/230V or
equivalent.
Ingersoll Rand
Gas Portable Air
General
p,4.13.11.
Air Compressor
Gas powered
Compressor —
5.5 Hp
Commercial
1
Maintenance
5.5 HP, 11.8
CFM At 90 PSI,
Model#
01203.0006/302166.1
1 •
•
01203.0006/302166.1
A-29
SS3J5.5GHWB
or equivalent.
General
Gas
Graco GMAX
P.4.13.12.
Paint Sprayer
powered,
3900 or
120 cc
Professional
1
Maintenance
Airless
equivalent.
Werner, P7404
General
Step, Type
4 ft Type IAA
P.4.13.13.
Ladder
IAA,
Fiberglass
4'
Professional
1
Maintenance
fiberglass.
Platform Ladder
or equivalent.
Werner, P7406
General
Step, Type
6 ft Type IAA
P.4.13.13.
Ladder
IAA,
Fiberglass
6'
Professional
1
Maintenance
fiberglass.
Platform Ladder
or equivalent.
Werner, P7408
General
Step, Type
8 ft Type IAA
P.4.13.13.
Ladder
IAA,
Fiberglass
8'
Professional
1
Maintenance
fiberglass.
Platform Ladder
or equivalent.
Werner, T7410
General
Step, Type
10 ft Type IAA
P.4.13.13.
Ladder
IAA,
Fiberglass Twin
10'
Professional
1
Maintenance
fiberglass.
Ladder
or equivalent.
Werner, T7412
General
Step, Type
12 ft Type IAA
P.4.13.13.
Ladder
IAA,
Fiberglass Twin
12'
Professional
1
Maintenance
fiberglass.
Ladder
or equivalent.
Werner, 7806
12 ft Type IAA
General
Extension,
Fiberglass
P.4.13.14.
Ladder
Type IAA,
12'
Professional
1
Maintenance
fiberglass.
Combination
Ladder
or equivalent.
Werner, 7808
16 ft Type IAA
General
Extension,
Fiberglass
P.4.13.14.
Ladder
Type IAA,
16'
Professional
1
Maintenance
fiberglass.
Combination
Ladder
or equivalent.
Werner, D7120 -
2 20 ft Type IAA
General
Extension,
Fiberglass D-
P.4.13.14.
Ladder
Type IAA,
20'
Professional
1
Maintenance
fiberglass.
Rung Extension
Ladder or
equivalent.
01203.0006/302166.1
A-29
01203.0006/302166.1
A-30
Werner, D7124 -
2 24 ft Type IAA
General
Extension,
Fiberglass D-
p,4.13.14.
Ladder
Type IAA,
24'
Professional
1
Maintenance
fiberglass.
Rung Extension
Ladder Ladder
or equivalent.
Werner, D7128 -
2 28 ft Type IAA
General
Extension,
Fiberglass D-
p•4.13.14.
Ladder
Type IAA,
28'
Professional
1
Maintenance
fiberglass.
Rung Extension
Ladder or
equivalent.
Werner, 4101 -
18 Narrow Span
General
Narrow
17 ft 6 in H x 6
Maintenance
p•4.13.15.
Scaffold
span,
ft L Platform
17'
Professional
1
aluminium
Scaffold Tower
or egiavalent
4 pc Soft Grip
Adjustable
General
P.4.13.16.
Wrench set
Adjustable
Wrench Set (6—
6"-12"
Commercial
2
Maintenance
12") (Blue -
Point®)
3 pc Adjustable
General
P.4.13.16.
Wrench set
Adjustable
Wrench Set
15"-24"
Commercial
2
Maintenance
(15-24") (Blue-
Point®)
TEKTON Tekton
19621 10 -pc.
General
Jumbo
1-5/16" to
P.4.13.17.
Wrench set
Combination
Combination
11
Commercial
2
Maintenance
Wrench Set
2
(SAE) or
equivalent.
Craftsman 5 -
piece Full Polish
General
Large
1" to 1 -
Maintenance
P.4.13.17.
Wrench set
Combination
Combination
5/16"
Commercial
2
Wrench Set,
Inch or
equivalent.
Ridgid Heavy -
General
p•4.13.18.
Wrench
Pipe
Duty Straight
12"
Commercial
2
Maintenance
Pipe Wrench or
equivalent
Ridgid Heavy -
General
p•4.13.18.
Wrench
Pipe
Duty Straight
18"
Commercial
2
Maintenance
Pipe Wrench or
equivalent
General
Ridgid Heavy -
P.4.13.18.
Wrench
Pipe
Duty Straight
24"
Commercial
2
Maintenance
Pipe Wrench or
01203.0006/302166.1
A-30
01203.0006/302166.1
A-31
equivalent
Ridgid Heavy -
General
Duty Straight
P.4.13.18.
Wrench
Pipe
36"
Commercial
2
Maintenance
Pipe Wrench or
equivalent
Ridgid Heavy -
General
Duty Straight
P.4.13.18.
Wrench
Pipe
48"
Commercial
2
Maintenance
Pipe Wrench or
equivalent
Bosch
General
BH2770VCD
P.4.13.19.
Jack Hammer
Electric
Demolition
60 Pound
Commercial
1
Maintenance
Hammer or
equivalent
Various
hammer steels
General
P.4.13.19.
Jack Hammer
Steels
for concrete
Commercial
1
Maintenance
and asphalt
demolition
Kushlan
Professional
Portable Electric
General
Direct Drive
3.5 Cubic
P.4.13.20.
Mixer
Cement
Professional
1
Maintenance
Cement Mixer
Foot
— 3.5 Cubic Ft.,
Model# 350DD
or equivalent.
Nupla 6 ft.
Certified Non -
Conductive Post
General
P.4.13.21.
Digger
Post hole
Hole Digger
6'
Professional
2
Maintenance
with Fiberglass
Handle or
equivalent.
Everbilt 4 in. x 4
in. x1ft.
General
Premium Steel
P.4.13.22.
Driver
Fence post
14 pound
Commercial
2
Maintenance
Fence Post
Driver or
equivalent.
Hammer, Hand
General
General
saw, Tape
P.4.13.23.
Tools
measure, speed
Various
Commercial
1
Maintenance
Carpentry
square, level,
etc.
Bosch 10 -in
Table Saw
General
P.4.13.24.
Table Saw
Portable
Model #: 4100-
10"
Commercial
1
Maintenance
09 or
equivalent.
01203.0006/302166.1
A-31
General
Maintenance
P.4.13.25.
Miter Saw
Compound,
sliding
Bosch 12 -in
Sliding
Compound
Miter Saw
Model
#: GCM12SD or
equivalent.
12
Commercial
1
RIDGID 16 Gal.
2 -Stage
General
P.4.13.26.
Vacuum
Wet/Dry
Commercial
16 Gal.
Commercial
2
Maintenance
Wet/Dry
Vacuum or
equivalent.
Mi -T -M° 4,200
PSI Pressure
Washer - 3.4
GPM - 13 HP
Honda' GX OHV
Engine, Cast
Iron Sleeve
With Low Oil
Shutdown -
Direct Drive
Crankshaft
Pump With
Gas
Brass Manifold -
General
3.4 GPM,
P.4.13.27.
Pressure Washer
powered,
20" Stainless
Commercial
1
Maintenance
Cold Water
Steel Quick -
4200 PSI
Connect Wand
With Five Spray
Nozzles And 50'
Hose - Powder -
Coated 16 -
Gauge Welded
Steel Frame
With 10"
Pneumatic Tires
- 3 -Year Limited
Warranty Or
equivalent.
01203.0006/302166.1
A-32
EXHIBIT 66A-2"
Contractor Provided Materials
Contractor Provided Materials
Functional area
PWS Reference
Nomenclature
Name
Specification
Units
Annual Quantity
Landscaping
P.3.23.4.
Sand
Playground
Washed plastersand free of rocks
tons annually
60
Engineered Wood Fiber media, which meets ADA, ASTM,
Landscaping
P.3.24.1.
Wood fiber Media
Playground
CPSC and CSA standards
yards annually
100
Landscaping
P.3,21.3
Decomposed Granite
Trails/Landscaping
Trail and landscape replenishment
yards annually
200
Bolts, nuts, screws, nails, banding & clamps, zip ties, flush
valves, washers, gaskets, sealant, solvents, lubricants,
General Maintenance
P.4.8.
Common Materials
Hardware, consumables
adhesives, abrasives, blades, and rags,
Lump sum
1
Windows based, Required for communication with City staff
General Maintenance
P.4.°
Communication devices
Smart phone/ tablet
and CltyWorks.
6each
6
2000 EZ Tie handled dog waste clean up bags. Bulk packed - 20
packages of 100, bulk packed bags - 20 blocks of 100 bags, or
General Maintenance
P.4.14.19,
Bags
Dog Waste
equivalent
Case of 2000
10
General Maintenance
P.4.14.20,
I Bags
Waste Bin Liners
39" z 58" 1.5 Mil Eco Friendlytrash liners
Icase of 100
1222
01203.0006/302166.1
A-33
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.5 titled "Familiarity with Work" is amended to read as follows:
(a) By executing this Agreement, Contractor warrants that Contractor (i) has
thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed,
notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as
defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or
III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions,
materially different from those indicated; or (iii) unknown physical conditions at the site of any
unusual nature, different from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions
do materially differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in
Contractor's cost of, or time required for, performance of any part of the work, Contractor shall
not be excused from any scheduled completion date set, but shall proceed with all work to be
01203.0006/302166.1
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performed under the Agreement. Contractor shall retain any and all rights provided either by
contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by Government Code
Section 4215 by issuing a change order per Section 1.8 of this Agreement.
II. Section 1.8 titled "Additional Services" is replaced with Section 1.8 titled
"Additional Work and Change Orders" to read as follows:
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written change order is first given by the Contract Officer
to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the
time to perform this Agreement, which said adjustments are subject to the written approval of the
Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty (180) days; and does not materially affect the Work and which are not detrimental
to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates
in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of
such work shall not exceed an amount agreed upon in writing and signed by Contractor and
Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for
actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages
of workers and subcontractors performing the work for the Change Order at the time such work
is done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of
01203.0006/302166.1
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workers, classifications, and hours worked; description and list of quantities of materials used;
type of equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in
such detail as the City may require. Failure to submit a daily report by the close of the next
working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that
day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.8 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Work may be more costly or time consuming than Contractor anticipates and that
Contractor shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
III. Section 1.10 titled "Compliance with California Labor Law" is added in its entirety
to read as follows:
(e) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(f) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job
site where work is performed under this Agreement.
(g) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
01203.0006/302166.1
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(h) Payroll Records. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(i) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of
Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public
works projects. Contractor shall be responsible for compliance with these aforementioned
Sections for all apprenticeable occupations. Prior to commencing work under this Agreement,
Contractor shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement
of the journeyman and apprentice hours performed under this Agreement.
0) Eight -Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(k) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1 %2) times the basic rate of pay.
(1) Workers' Compensation. California Labor Code Sections 1860
and 3700 provide that every employer will be required to secure the payment of compensation to
its employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
01203.0006/302166.1
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comply with such provisions before commencing the performance of the work of
this contract."
Contractor's Authorized Initials
(i) Contractor's Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any
contract with any subcontractor for work under this Agreement. Contractor shall be required to
take all actions necessary to enforce such contractual provisions and ensure subcontractor's
compliance, including without limitation, conducting a review of the certified payroll records of
the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor
to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
01203.0006/302166.1
•
IV. The first paragraph of Section 2.4, Invoices, is hereby amended to read as follows
(new text is identified in underline, deleted text is identified by strike through):
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance and/or Director of Public Works. By submitting an invoice for payment under this
Agreement, Consultant is certifying compliance with all provisions of the Agreement. The
invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts.
Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice
City for any duplicate services performed by more than one person.
V. Section 4.4, Independent Consultant, is hereby amended to read as follows (new text
is identified in underline, deleted text is identified by strike through):
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service, except as otherwise set forth herein. Consultant shall perform
all services required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractor with only such obligations as are consistent with that
role. Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a
member of any joint enterprise with Consultant.
IV. Section 5.5 titled "Performance and Payment Bonds" is added to read as follows:
Concurrently with execution of this Agreement Contractor shall deliver to the
City, the following_
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of
this Agreement.
(b) A payment bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and payment bonds required under this Section 5.5 shall contain the
original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain
in force during the entire term of the Agreement and shall be null and void onlv if the Contractor
01203.0006/302166.1
A-39
promptly and faithfully performs all terms and conditions of this Agreement and pays all labor
and materials for work and services under this Agreement.
V. Section 5.6 titled "Release of Securities" is added to read as follows:
City shall release the Performance and Payment Bonds when the following have
nomirred
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to
be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the
Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or
otherwise as required by pplicable law.
VI. Section 7.10 titled "Liquidated Damages" is replaced in its entirety as follows:
1. Contractor's compliance with the Scope of Work and Schedule of
Performance shall be determined through contract surveillance. The
Contract Officer or his designees shall perform monthly audits of the
Contractor's compliance with the requirements of the Agreement, Scope of
Work, and the Performance Work Statement (PWS). If Contractor is found
to not be in compliance with the Agreement, Scope of Work, or PWS, a
Corrective Action Request (CAR) will be issued to the Contractor. Level I: a
minor non -systemic non-compliance with the Agreement, Scope of Work, or
PWS. Level I CARs can typically be corrected on the spot or within 24 hours.
Failure of the Contractor to resolve Level I CARs within 30 days of notification
shall result in an escalation to Level II status.
2. Level II: a serious systemic non-compliance with the Agreement, Scope of
Work, or PWS. Level II CARs require root cause analysis and a formal corrective
action plan to outline the Contractors methodology for remedying the non-
compliance and preventing future reoccurrences. Failure of the Contractor to
resolve Level H CARs within 30 days of notification shall result in an escalation
to Level III status.
Level III: A major systemic non-compliance with the Agreement, Scope of Work, or PWS, or a
repeated non-compliance which has previously been identified as a Level II CAR. Level III
CARs require root cause analysis and a formal corrective action plan to outline the Contractors
methodology for remedying the noncompliance and preventing future reoccurrences. The
Contractor and its sureties shall be liable for and pay to the City the sum of Six Hundred Dollars
01203.0006/302166.1
F I ,
($600) as liquidated damages for each working day a Level III CAR is issued to the Contractor.
The City may withhold from any monies payable on account of services performed by the
Contractor any accrued liquidated damages.
01203.0006/302166.1
A-41
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Consultant shall perform the following tasks at the following rates:
A. Labor:
ITEM
DESCRIPTION,
ESTIMATED
COST
ANNUAL
3 YEAR
NO.
UNIT
ANNUAL
PER
COST
BASE TERM
QUANTITY
HOUR
COST
BID CATEGORY 1: LABOR COST
XX
XX
XX
Service Request
Technician, One
2080 HRS
$22.50
$46,800
$140,400
1.
FTE
Lead Landscape
Technician, One
2080 HRS
$32.00
$66,560
$199,680
2.
FTE
Senior Landscaper,
2080 HRS
$24.50
$50,960
$152,880
3.
One FTE
Irrigation
Technician, One
2080 HRS
$33.00
$68,640
$205,920
4.
FTE
Landscape Laborer,
8320 HRS
$19.50
$162,240
$486,720
5.
Four FTEs
Lead Maintenance
2080 HRS
$24.50
$50,960
$152,880
6.
Worker, One FTE
Senior Maintenance
2080 HRS
$22.50
$46,800
$140,400
7.
Worker, One FTE
Maintenance
4160 HRS
$19.50
$81,120
$243,360
8.
Laborer, Two FTEs
Litter Laborer, Three
6240 HRS
$19.50
$121,680
$365,040
9.
FTEs
SUB TOTAL BID CATEGORY 1:
ANNUAL LABOR COST (add items
XX
$695,760
XX
1-9)
SUB TOTAL BID CATEGORY 1: 3
YEAR BASE TERM LABOR COST
XX
XX
$2,087,280
(add items 1-9)
01203.0006/302166.1
A-42
B. Vehicles and Equipment:
Description
Monthly Cost
Annual Cost
3 Year Base
Term Cost
SUB TOTAL BID CATEGORY 2
XX
1.
Term Cost
-ANNUAL VEHICLES AND
$16,036.61
$192,440
XX
EQUIPMENT
$4,905.50
XX
XX
SUB TOTAL BID CATEGORY 2
$49.50
5.
Landscape Laborer Overtime
- 3 YEAR BASE TERM
XX
XX
$577,320
VEHICLES AND EQUIPMENT
XX
$58,866
XX
C. Contractor Provided Materials:
Description
Monthly Cost
Annual Cost
3 Year Base
BID CATEGORY 4 BID ALTERNATES
XX
1.
Term Cost
SUB TOTAL BID CATEGORY 3
2.
Lead Landscape Technician Overtime
$48.00
- MONTHLY CONTRACTOR
$4,905.50
XX
XX
PROVIDED MATERIAL COSTS
$49.50
5.
Landscape Laborer Overtime
SUB TOTAL BID CATEGORY 3
6.
Lead Maintenance Worker Overtime
$36.75
- ANNUAL CONTRACTOR
XX
$58,866
XX
PROVIDED MATERIAL COSTS
$29.25
SUB TOTAL BID CATEGORY 3
- 3 YEAR BASE TERM
XX
XX
$176,598
CONTRACTOR PROVIDED
MATERIAL COSTS
D. On-call services not covered in Section A:
ITEM
NO.
DESCRIPTION
COST PER
HOUR
BID CATEGORY 4 BID ALTERNATES
XX
1.
Service Request Technician Overtime
$33.75
2.
Lead Landscape Technician Overtime
$48.00
3.
Senior Landscaper Overtime
$36.75
4.
Irrigation Technician Overtime
$49.50
5.
Landscape Laborer Overtime
$29.25
6.
Lead Maintenance Worker Overtime
$36.75
7.
Senior Maintenance Worker Overtime
$33.75
8.
Maintenance Laborer Overtime
$29.25
01203.0006/302166.1
A-43
9. Litter Laborer Overtime $29.25
BID CATEGORY 4 - ANNUAL NOT -TO -EXCEED TOTAL COST $25,000
BID CATEGORY 4 - 3 YEAR NOT -TO -EXCEED TOTAL COST $75,000
II. Retention: NOT USED.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Stay Green, Inc. for the Services performed upon
submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, contractor's employee
name who performed the work, the number of hours worked, applicable City account
charge codes, the hourly rate, and supporting documentation to include copies of City
verified timesheets.
B. Line items for all equipment shall be prorated monthly based on total annual cost
(annual cost / 12 = monthly rate).
C. Line items for all materials shall be prorated monthly based on total annual cost
(annual cost / 12 = monthly rate).
D. Line items for all approved on-call services for all personnel describing the work
performed, contractor's employee name who performed the work, the number of
hours worked, applicable City account charge codes, the hourly rate, and supporting
documentation to include copies of City verified timesheets and a copy of written on-
call services authorization(s) from Contracting Officer, or his designee.
V. The total compensation for the Services for Fiscal Years 2016-2017 through 2018-
2019 shall not exceed $ 2,916,198, as provided in Section 2.1 of this Agreement, and
the annual amount shall not exceed $ 972,066.
VI. Stay Green, Inc. billing rates for all personnel are detailed in Exhibit C, Section I, A
and D.
01203.0006/302166.1
I'M"
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term
of this Agreement shall be August 1, 2016, to June 30, 2019. The term of this
Agreement may be extended up to three years, by exercising up to three one-year
options, based on Contractor performance and mutual consent.
II. Stay Green, Inc. shall perform all work timely in accordance with the following
schedule:
B. Scheduled maintenance services shall be performed in accordance with the
frequencies specified in Annex `B" of the Performance Work Statement,
according to a schedule approved in writing by the Contracting Officer.
C. Additionally and as directed by work order, unscheduled services shall be
performed in accordance with Annex "C" of the Performance Work Statement,
and attached hereto as Exhibit D-1.
VII. Contractor shall deliver status reports in accordance with Exhibit A, sections II and
III of this Agreement, as scheduled in the Performance Work Statement.
VIII. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
EXHIBIT 66D-1"
01203.0006/302166.1
A-45
ANNEX C
DPW Service Request/Work Order Criteria
Service Requests and Work Orders are divided into several groups depending on work classification. The
following list defines the work classification groups:
• Service Request — Requests for work from internal or external customers which is not scheduled.
This type of work is generally reported by phone, email, web request or in person.
• Preventive Maintenance — Recurring scheduled work which is performed on a set cycle to
prevent damage to equipment, assets and infrastructure. Examples would include: servicing a
piece of equipment at a certain hour, time or mile interval.
• Scheduled Work -- Work which is scheduled in advance for the convenience of the public or
internal customers_ Examples would include: mowing of a certain park on a fixed day each week
or painting an office when the occupant is off duty_
• Unscheduled Work Order — Work which is reported through the Service Request process or is
self -identified by field technicians or City Maintenance personnel. Unscheduled work is
prioritized as Emergency, Urgent, Routine or Command Directed. Examples would include:
sewer overflows, downed trees or limbs, burnt out light bulbs or any other type of problem which
needs to be repaired in a timely manner.
• Project Work Order — Work which will involve more than 48 man hours or cost more than
$5000.00 in materials to complete. This work is not subject to the work prioritization
classification, but may have a set date for completion. Examples would include: painting an
entire building, rebuilding a damaged bus stop, replacing a major piece of equipment or any
other work which by the nature of its scope cannot be classified as a work order.
Unscheduled Work Orders are prioritized according to the following classification definitions
-
• Emergency - Emergency work takes priority over all other work and requires immediate action,
including overtime or diverting craftsmen from other jobs, if necessary, to mitigate the
emergency. Usually, work will be classified as emergency when it consists of correcting
failures/problems, which constitute an immediate danger to life, health, security or critical
infrastructure. Normal response to emergency work is within 1 hour during normal business
hours and 2 hours after normal business hours. Once started, work will continue until
completed or until temporary repairs which alleviate the immediate danger are completed.
Every effort will be made to complete repairs within 24 hours.
• Urgent - Urgent work is required to correct a condition, which could become an emergency if
left uncorrected or poses a significant inconvenience to customers. Normal Response to urgent
work is within 24 hours. Every effort will be made to complete repairs within 72 hours.
• Routine - Routine work does not meet the criteria of emergency or urgent. This category covers
required work which, if not accomplished, would only continue to be an inconvenient or unsightly
condition. Work in this category will normally be accomplished on a first-come first-served basis.
Every effort will be made to respond to routine work within 3 business days and complete routine
work within calendar 14 days.
01203.0006/302166.1
A-46
PROPOSAL
CITY OF RANCHO PALOS VERDES
LABOR AND EQUIPMENT FOR CITY LANDSCAPING, GENERAL MAINTAINANCE,
AND LITTER & TRASH SERVICES
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERDES:
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any
other person, firm or corporation, and that the only persons or parties interested as principals
are those named herein; (2) bidder has carefully examined the project plans, specifications,
instructions to bidders, proposal, notice to contractors and all other information furnished
therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the
conditions to be encountered, the character, quality and quantities of work to be performed and
materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be
conclusive evidence that such examination and investigation have been made and agrees, in
the event this contract be awarded to bidder, to enter into a contract with the CITY OF
RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any,
and the terms of the specifications, in the time and manner therein prescribed, and to furnish or
provide all materials, labor, tools, equipment, apparatus and other means necessary so to do,
except such thereof as may otherwise be furnished or provided under the terms of said
specifications, for the following stated unit prices or lump -sum price as submitted on the
Schedule attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial
Safety Record. pp
Accompanying this proposal is �"� (Insert) "$ i=�`� "cash,"
"Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to
at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown
and the unit prices quoted in the Bid Schedule.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof
and thereafter, defaults in executing the required contract, with necessary bonds and
documents, within ten (10) days, not including Sundays and legal holidays, after having
received notice that the contract has been awarded and is ready for signature, the proceeds of
the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS
VERDES and this proposal and the acceptance thereof may be considered null and void.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience
in the type of Work related to this Project and that this experience is in actual operation of the
firm with permanent employees performing a part of the Work as distinct from a firm operating
entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly
licensed by the State as a contractor to perform this type of Work and further certifies to have
been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The
undersigned possesses California Contractor's License Number 3 6 6 (i , ClassCott) C 6 (lb V9
which expires on /JZ,�/
Signature(s) of bidder:
If an individual, so state. If a firm or co -p
,state the firm name and give the names of
P-1
B-1
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
also names of president, secretary, treasurer, and manager thereof. Two notarized officer's
signatures and the corporate seal are 'required for corporations.
Legal Business Name: l`I�1�� °�
Address: 1� 6, q 1- J V www 'i` C I r c f �e S O'% a C' (CQ✓1 't A. O q QB -5-0
Telephone: 6 6I- 99 r- o1 H Q J
Contact: S�,, V� 'SI-ey U
Proposals which do not show the Contractor's License Number and expiration date of the
Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional
Code will be rejected.
Bid Date 6/i Zig
This information must include all construction work undertaken in the State of California by the
bidder and partnership joint venture or corporation that any principal of the bidder participated in
as a principal or owner for the last five calendar years and the current calendar year prior to the
date of bid submittal. Separate information shall be submitted for each particular partnership,
joint venture, corporate or individual bidder. The bidder may attach any additional information or
explanation of data which bidder would like to be taken into consideration in evaluating the
safety record. An explanation must be attached of the circumstances surrounding any and all
fatalities.
P-2 B_2
CITY OF RANCHO PALOS VERDES
BID SHEET
LABOR AND EQUIPMENT FOR CITY LANDSCAPING, GENERAL MAINTAINANCE,
AND LITTER & TRASH SERVICES
Bidder's Name: 6w o—A —J�7nC `
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into
a contract to furnish all labor, materials, equipment and supplies for the project identified as
LABOR AND EQUIPMENT FOR CITY LANDSCAPING, GENERAL MAINTAINANCE,
AND LITTER & TRASH SERVICES in accordance with the specifications and plans for
demolition, construction and installation in the Contract Documents which are on file in the office
of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under
the direction of the Director of Public Works at the following prices:
LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL
COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY
INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING,
AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO
ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and in the bid -sheets are representative of the amount of
work for each item on the project, but are not final quantities to be used for computing payment.
Payment will be based on the measurement of actual work completed. The contractor must
notify in writing to the project manager of all discrepancies between actual bid quantities and
those shown in the bid document prior to commencement of work in any area of the project.
P-3
B-3
CITY OF RANCHO PALOS VERDES
BID SHEET
CITY PROJECT: LABOR AND EQUIPMENT FOR CITY LANDSCAPING, GENERAL
MAINTAINANCE, AND LITTER & TRASH SERVICES
Bidder's Name: � 6c-fx". 7c�--c .
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to
enter into a contract to furnish all specified labor, materials, equipment and supplies for
the project identified as LABOR AND EQUIPMENT FOR CITY LANDSCAPING,
GENERAL MAINTAINANCE, AND LITTER & TRASH SERVICES in accordance with
the specifications and plans in the Contract Documents which are on file in the office of
the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and
under the direction of the Director of Public Works at the following prices:
BID SCHEDULE
ITEM
DESCRIPTION,
ESTIMATED
COST PER
ANNUAL
3 YEAR BASE
NO.
UNIT
ANNUAL
HOUR
COST
TERM COST
QUANTITY
BID CATEGORY 1: LABOR
COST
XX
XX
XX
Service Request
1.
Technician, One
FTE
2080 HRS
$
Lead Landscape
2.
Technician, One
FTE
2080 HRS
$ 37.00
$ 6(-,5-6o
$ ill, (,2?a
Senior
3.
Landscaper, One
FTE
2080 HRS
$ Z14•5 -'O
$ 50,900
$ 6Zo"o
Irrigation
4.
Technician, One
FTE
2080 HRS
$� �O
$ �$, id -t0
$ 7 -OS qZa
Landscape
5.
Laborer, Four
FTEs
8320 HRS
$ ��'
$ I67, ZKO
$ H'$(o, 720
6.
Lead Maintenance
Worker, One FTE
2080 HRS
$
$ -5-0, %0
$ ISZ, RP
Senior
7.
Maintenance
Worker, One FTE
2080 HRS
$ 27• SO
$ q(01$0o
$ IND qo®
Maintenance
8.
Laborer, Two
FTEs
4160 HRS
$ l �•
$ 61# I Lo
$ Z143, S(
P-4
9.
Litter Laborer,
Three FTEs
6240 HRS
$ lot •5-0
$ 121
��5, 0q0
M in
SUB TOTAL BID CATEGORY 1:
3 Yea
Noe
ANNUAL LABOR COST (add
lower ,
Cos
dos
items 1-9)
XX
$ 05S -160
XX
SUB TOTAL BID CATEGORY 1:
er `
Cos
3 YEAR BASE TERM LABOR
COST add items 1-9
XX
XX
$ zoS7 ZEE%
SUB TOTAL BID CATEGORY 1 — 3 YEAR BASE TERM LABOR COST IN WORDS:
P-5
Nomenclatur 'Gyps
Speciiicstiprt
iz ` _
„`Horse
QTY
M in
nual
3 Yea
Noe
lower ,
Cos
dos
l as
dispfa '
emen
er `
Cos
a
BID CATEGORY 2 - VEHICLES AND
EQUIPMENT
XX
XX
XX
XX
XX
XX
16' -
Tarp, equipment
20'x
Landscape
ramp, 48" side rails &
8'
1.
1 Utility trailer
trailer
warning beacon
deck
N/A
1 3
$1;2375-0
$1q,105-0
$4N,57gO
Zero turn
radius,
60"
2.
Mower
riding
Mulching
deck
25Hp
2
$ likao
$13,700
$39,600
Compact
4WD, PTO, loader,&
30Hp to
3.
Tractor
Utility
3 -point hitch
50Hp
1
$11*1 7"i
$11'733
$35,200
4.
Box Blade
Gannon
With scarifier
65"
N/A
1
$65,75
$ gZS
$ZN7S
Rotary
3 -point, lift type,
S.
Mower
cutter
540RPM PTO
72"
n/a
1
$�G.3`
$ql&,%6
$ 7,7S0
6"+
Trailer
feed
25Hp to
6.
Brush Chipper
mounted
throat
35Hp
1
$11000
$33,000
30"
7.
Chain saw
Large
bar
>50cc
4
$37,6;7$
$115'01,33
$13,57713
20"-
24"
8.
Chain saw
Medium
bar
<50cc
4
$62.7-7
$753 33
$ Z,2&o
Personal
9.
Protective
Clothing
Chaps
6 Ply
32" to
40"
N/A
8
$Al./7
$320
$9&0
P-5
P-6
Nomenclatur
y ` "
Spe+�lflcat ort`"":
Size
� "��fors .. "
�Q �
Monthl
annual
� Yea ;
PowerCos
'3
° Cos
has
�.,
amen
O$
Head, face,
Personal
Protective
hearing
Adjust
10.
Clothing
protection
able
N/A
9
$Ila •ZS
$
Gas
18'
11.
Pole Pruner
powered
Adjustable
pole
36.3cc
3
$ ,3.75
$
Gas
16.5"c
12.
Trimmer
powered
ut
36.3cc
4
$ SS
$(,060
$ 1,190
Gas
13.
Blower
powered
<66dB(A)
64.8cc
4
$V1•"(y
$ur;•33
$1240
Gas
135 Deg. cutting
20"
14.
Hedge Trimmer
powered
head
blade
31.4cc
4
-6
$�.
$ 7ZG �1
$ ($0
15.
Shovel
Digging
4
$Z.ZZ
$2&,(,7
$ $0
16.
Shovel
Trench
4
$11-H4
$ 3.33
$ 100
17.
Shovel
Scoop
2
$3.ZZ
$3S.W,
$ ltfo
18.
Shovel
Transfer
2
$Z•qH
$35.33
$ IOG
19.
Fork
Manure
4
$Z.ZZ
$Z(t•L"i'
$ QaO
20.
Rake
Bow rake
15 tine
4
$ Z .ZZ
$W.(,-1
$ $ 0
21.
Rake
Leaf
4
$ Z.HH
$2q.33
$ St
22.
Rake
Cultivator
4 tine
4
$'7•%
$314.33
$ iO3
23.
Mattock
2
$ 1.tk
$1-533
$ ko
24.
Axe
Single bit
2
$ I•LILA
$1-7.33
$ 5'7-
'Z16
16
25.
Hammer
Sledge
Lbs.
2
$
$ 58.33
$ 1-K
26.
Post Hole Digger
Non-conductive
4'
2
$7.HH
$21.33
$ ee
27.
Hoe
2
$ I.aIK
$Z3.33
$ i(o
28.
Lopper
Bypass
32"
2
$Z.ZS
$2233
$ OZ
29.
Broom
Push
24"
2
$ t At L(
$23.33
$ Z0
30.
Tools
other
1
$7-5-0
$3000
42 000
6 Cu.
31.
Wheelbarrow
Ft.
2
$ T'S -0
$ 9D
$ Z -7O
5-6
32.
Dump Truck
5-6 Yard
High lift gate, tarp,
light bar, hitch, signs
Yard
box
1
$ It I�s
$13,$bo
$Nl�SJ0
Tarp, light bar, lift
gate, hitch, tool
33.
Truck
Stake bed
storage boxes, signs
1 ton
3
$211-tO
$3S,6H
$0611120
Light bar, hitch, pipe
rack (Van optional),
3/4
34.
Truck
Utility bed
signs
ton
3
$,Z�q��
$0
P-6
Item
Nomenclature
Type
Specification
Size
Horse
QTY
Monthly
Annual
3 Year
No.
Power/
Cost
Cost
Base
displac
Term
ement
Cost
Telescopin
35.
Fork lift
g boom, all
terrain
6K, 36' lift height
74Hp
1
AOS-4.
$12,100
36.
Backhoe loader
John Deere 310 SL or
equal
99Hp
1
$�ZZ�2
$IH6(�6,
'1
$0- `t
Equipment
ramps, load
I� �$
sT
37.
Trailer
transport
securement devices
12 ton
1
$
$I��
oS q
KIPPERTOOLS GMTK
General Mechanic's
Tool Kit 5, P/N: KIT
21��$•
General
GMTK-5-BLK or
38.
Tool Kit
Mechanic
equivalent.
2
$
$
Cordless
KIPPERTOOL, P/N:
Power Tool
KIT CDSK-WA-20V-R2
39.
Tool Kit
Kit
or equivalent.
2
$ZSo.'i
SZ III c''
$ 19 315
Insulated
KIPPERTOOLS, P/N:
Electrical
KIT ELECTRICAL or
40.
Tool Kit
Tool Kit
equivalent.
2
sjj1b.G 7
$1147q
$q12-72-
'/1Z%2portable
portable
Miller Bobcat 250
Welder/Generat
welder
Welder 907500001 or
250
HIo(.6�
q1 q00
41.
or
generator
equivalent
Amp
1
$171.71
$)
$
Personal
Helmet,
Protective
gloves,
42.
Clothing
leathers
1
$5-00
$Com
$14000
MILLER SPECTRUM
625 X-TREME
PLASMA CUTTER
43.
Plasma Cutter
WITH 12 FT. XT40
TORCH or equivalent.
1
$5Z•(A
$�3Z.33
$1 OV
Victor Professional
Portable Torch Outfit
W/ Cylinders -
Acetylene or
tG
44.
Torch
Oxy/Acetyl.
equivalent.
1
$%.o�
$72.(?
$Z
7" x12"
Jet model 414459 or
3/4
45.
Band Saw
Horizontal
equivalent.
Hp.
1
$Sol -(00l
$Ln(O.33
$ I y2`t
Jet model 35440,
Floor
15", 115/230V or
3/4
1
$11,.31
$ZIq.(o7
$
46.
Drill Press
mounted
equivalent.
Hp.
P-7
AM
ii�fiEI
Nomenciatur`f
7 psi;
° .. Specifications
=
`Size
Hors
)nthl'
nm
Co
3 fea'
.Pr►werCrst
rSas$
�.'s a
ory�zt
`disp is
er
emen
COs
Ingersoll Rand Gas
Portable Air
Compressor — 5.5
HP, 11.8 CFM At 90
PSI, Model#
Gas
SS3J5.5GHWB or
5.5
47.
Air Compressor
powered
equivalent.
Hp.
1
$30.53
$3.33,
$ I►Ola
Gas
powered,
Graco GMAX 3900 or
Z>
48.
Paint Sprayer
Airless
equivalent.
120 cc
1
s U133
$ r
Werner, P7404 4 ft.
Step, Type
Type IAA Fiberglass
IAA,
Platform Ladder
O&q
49.
Ladder
fiberglass.
or equivalent.
4'
1
$
Werner, P7406 6 ft.
Step, Type
Type IAA Fiberglass
IAA,
Platform Ladder
/
007$
V4 (0
50.
Ladder
fiberglass.
or equivalent.
6'
1
$ID •$3
$
Werner, P7408 8 ft.
Step, Type
Type IAA Fiberglass
IAA,
Platform Ladder
51.
Ladder
fiberglass.
or equivalent.
8'
1
Werner, T7410 10 ft.
Step, Type
Type IAA Fiberglass
IAA,
Twin Ladder
J
52.
Ladder
fiberglass.
or equivalent.
10'
1
$f0.`7
$131
$3
Werner, T7412 12 ft.
Step, Type
Type IAA Fiberglass
IAA,
Twin Ladder
53.
Ladder
fiberglass.
or equivalent.
12'
1
$157.67
Werner, 7806 12 ft.
Extension,
Type IAA Fiberglass
Type IAA,
Combination Ladder
165-
rr l01
54.
Ladder
fiberglass.
or equivalent.
12'
1
$
$
$
Werner, 7808 16 ft.
Extension,
Type IAA Fiberglass
Type IAA,
Combination Ladder
558
1$7
S6
55.
Ladder
fiberglass.
or equivalent.
16'
1
$
$
$
Werner, D7120-2 20
ft. Type IAA
a
Extension,
Fiberglass D -Rung
Type IAA,
Extension Ladder or
N-3 (
fl -7/47 /47
$ S1 S
56.
1 Ladder
fiberglass.
equivalent.
20'
1
$
[$eil
' Nomenclature
T e '
yp
Sp ec ficat�on �
S�z
,<e
'Horse
.y Q7Y
Monthly
Annuals
3 Yea`
Naz
s E
z ti ate'5
s4
� z
�l�awer�
displa
��
Cas
Rr,Cas
d
4�Base
:_
';�".or
£s�\v,
,-
"MUM
:=:amen
0 ,
Cas
Werner, D7124-2 24
ft. Type IAA
Extension,
Fiberglass D -Rung
Type IAA,
Extension Ladder or
61
57.
Ladder
fiberglass.
equivalent.
24'
1
$ 17.03
$70q.33
$ J
Werner, D7128-2 28
ft. Type IAA
Extension,
Fiberglass D -Rung
Type IAA,
Extension Ladder or
58.
Ladder
fiberglass.
equivalent.
28'
1
$����
$ZI%��
$���
Werner, 4101-18
Narrow Span 17 ft. 6
Narrow
in H x 6 ft. L Platform
span,
Scaffold Tower or
59.
Scaffold
aluminum
equivalent
17'
1
$76.30(
$%.6_7
$Zj7�o
4 pc Soft Grip
Adjustable Wrench
Set (6-12") (Blue -
60.
Wrench set
Adjustable
Point)
6"-12"
2
$&.l)
$7333
$770
3 pc Adjustable
Wrench Set (15-24")
1511-
S�
i�L4
61.
Wrench set
Adjustable
(Blue -Point)
24"
2
$"1.003
$
$
Tekton 19621 10 -pc.
Jumbo Combination
1-
Combinatio
Wrench Set (SAE) or
5/16"
p
Z7i
2 >Z
62.
Wrench set
n
equivalent.
to 2"
2
$ I
$j10•(o'7
$
Craftsman 5 -piece
Full Polish Large
Combination Wrench
1" to
Combinatio
Set, Inch or
1-
2
63.
Wrench set
n
equivalent.
5/16"
2
$2•��
$�j 7
$
Ridgid Heavy -Duty
Straight Pipe Wrench
64.
Wrench
Pipe
or equivalent
12"
2
$ ( ��
$ I7.fo`i
$ 63
Ridgid Heavy -Duty
Straight Pipe Wrench
65.
Wrench
Pipe
or equivalent
18"
2
$�•3�c
$Z$33
$r/S
Ridgid Heavy -Duty
Straight Pipe Wrench
66.
Wrench_
Pipe
or equivalent
24"
2
$
$ 33
$ I3lo
Ridgid Heavy -Duty
Straight Pipe Wrench
67.
Wrench
Pipe
or equivalent
36"
2
$904
07•G7
$ Zq3
P-9
M
Itrit
NomenclatureType
SF Specification
Size
Hors 'QTY
roMonthl a`
Annual`
k
Power
�cii
�ac .
�
Cost r
Cos ^
Bas
semen
Cos
Ridgid Heavy -Duty
Straight Pipe Wrench
q55—
68.
Wrench
Pipe
or equivalent
48"
$
Bosch BH2770VCD
Demolition Hammer
60
69.
Jack Hammer
Electric
or equivalent
Pound
1
$
$
Various hammer
steels for concrete
and asphalt
70.
Jack Hammer
Steels
demolition
$533
$
Kushlan Professional
Portable Electric
Direct Drive Cement
Mixer — 3.5 Cubic
3.5
Ft., Model# 350DD or
Cubic
71.
Mixer
Cement
equivalent.
Foot
1
$12 • I'k
s1933
031
Nupla Eft. Certified
Non -Conductive Post
Hole Digger with
Fiberglass Handle or
���
q
72.
Digger
Post hole
equivalent.
6'
2
$)Z•4Z
$
$L���
Everbilt 4 in. x 4 in. x
1 ft. Premium Steel
Fence Post Driver or
14
43.33
X30
73.
Driver
Fence post
equivalent.
pound
2
$
$
Hammer, Hand saw,
General
Tape measure, speed
Variou
74.
Tools
Carpentry
square, level, etc.
s
1
$3 -1 J
$ 9533
Bosch 10 -in Table
Saw, Model #: 4100-
75.
Table Saw
Portable
09 or equivalent.
10"
1
$)%.3
$ZI�•��
$
Bosch 12 -in Sliding
Compound Miter
Saw Model
Compound,
#: GCM12SD or
76.
Miter Saw
sliding
equivalent.
12"
1
$1�1 •�3
$Z3S
�,/
$71 1
RIDGID 16 Gal. 2 -
Stage Commercial
Wet/Dry Vacuum or
16
2gj
$$7.3?'
$�6Z
77.
Vacuum
Wet/Dry
equivalent.
Gal.
2
$-7
P-10
IS
t�
NomenclatureTyeSpecification
1Z
ors
Q
Manthl
nual2V
3 Yea
lNa I��
Power
Cab
Base
.�
dISPr
e+; . \ �
Yv i e�
.Cos
1
�y� /�.
t e
■gyp-
Dei
Mi-T-M° 4,200 PSI
Pressure Washer -
3.4 GPM - 13 HP
Honda° GX OHV
Engine, Cast Iron
Sleeve With Low Oil
Shutdown - Direct
Drive Crankshaft
Pump With Brass
Manifold - 20"
Stainless Steel Quick-
Connect Wand With
Five Spray Nozzles
And 50' Hose -
Powder-Coated 16-
Gauge Welded Steel
Frame With 10"
Pneumatic Tires - 3-
3.4
Gas
Year Limited
GPM,
Pressure
powered,
Warranty Or
4200
78.
Washer
Cold Water
equivalent.
PSI
1
$41533
$11435
SUB TOTAL BID CATEGORY 2 —ANNUAL VEHICLES AND EQUIPMENT (add items 1-
78)
4,0%.
$I47Kqo
XX
SUB TOTAL BID CATEGORY 2 — 3 YEAR BASE TERM VEHICLES AND EQUIPMENT (add
items 1-78)
XX
XX
$S?732o
SUB TOTAL BID CATEGORY 2 — 3 YEAR TERM VEHICLES AND EQUIPMENT
COST IN WORDS11:
�i V2 Q,-" V SeV"eiq �'�nDvSNt '�nY�9 �flN��
P-11
B-11
P-12
B-12
.9
i£
gg
BID CATEGORY 3 - CONTRACTOR PROVIDED
MATERIALS
XX
XX
XX
XX
XX
Washed plaster
Tons
1.
Sand
Playground
sand free of rocks
annual)
60
$?Z
$H,374)
$17160
Engineered Wood
Fiber media, which
meets ADA,
Wood Fiber
ASTM, CPSC and
Yards
600
2.
Media
Playground
CSA standards
annual)
100
$ 6
$ Aeco
Trail and
Decomposed
Trails/Landscap
landscape
Yards
3.
Granite
ing
replenishment
annual)
200
$ 7Z
$ 1H,400
$3,700
Bolts, nuts,
screws, nails,
banding & clamps,
zip ties, flush
valves, washers,
gaskets, sealant,
solvents,
lubricants,
adhesives,
Common
Hardware,
abrasives, blades,
Lump
4.
Materials
consumables
and rags.
sum
1
$�00
$7 Zoo
$71,600
Windows based,
Required for
communication
I ZS,ZDO
Communication
Smart phone/
with City staff and
5.
devices
tablet
Cit Works.
6 each
6
$$7770
$�K00
$
2000 EZ Tie
handled dog waste
clean-up bags.
Bulk packed - 20
packages of 100,
bulk packed bags -
20 blocks of 100
bags, or
Case of
6.
Bas
Dog Waste
equivalent
2000
70
$1770
$ $ H')o
$75,700
39" x 58" 1.5 Mil
Waste Bin
Eco Friendly trash
Case of
7.
Bas
Liners
liners
100
222
$ N 3
qS�(o
$ ,
$ Z8�3
SUB TOTAL CATEGORY 3 — ANNUAL CONTRACTOR PROVIDED
MATERIALS COST add items 1-7
XX
$51),6
XX
SUB TOTAL CATEGORY 3 — 3 YEAR BASE TERM CONTRACTOR
PROVIDED MATERIALS COST add items 1-7
XX
XX
$176,598
P-12
B-12
.9
SUB TOTAL BID CATEGORY 3 — 3 YEAR BASE TERM CONTRACTOR PROVIDED
MATERIALS COST IN WORDS:
u v -N
ITEM
NO.
DESCRIPTION, UNIT
ESTIMATED
QUANTITY
COST PER HOUR
COST
BID CATEGORY 4 BID ALTERNATES
XX
XX
1.
Service Request Technician Overtime
25 HRS
$ 33,?6-
2.
Lead Landscape Technician Overtime
25 HRS
$ o0
3.
Senior Landscaper Overtime
25 HRS
$
4.
Irrigation Technician Overtime
25 HRS
$ Hq.5_O
5.
Landscape Laborer Overtime
100 HRS
$ 2-I.ZS
6.
Lead Maintenance Worker Overtime
25 HRS
$ 34-757
7.
Senior Maintenance Worker Overtime
25 HRS
$ 33.-75
8.
Maintenance Laborer Overtime
50 HRS
$ Z9.25'
9.
Litter Laborer Overtime
75 HRS
$ 7 -el '75 -
BID SUMMARY
CATEGORY
ANNUAL
3 YEAR BASE
_
COST
TERM COST
SUB TOTAL CATEGORY 1 - LABOR COST
$05,1(o p
$ Z,00 -j,700
SUB TOTAL CATEGORY 2 - VEHICLES AND
$ I1Z1 qqO
EQUIPMENT
SUB TOTAL CATEGORY 3 - CONTRACTOR
$
$ 176,"5
PROVIDED MATERIALS
1
BASE BID TOTAL: ANNUAL COST
$yH7, 0wo
XX
BASE BID TOTAL: 3 YEAR TERM COST
XX
$Z,?jl.((, tib
BASE BID TOTAL 3 YEAR TERM COST AMOUNT IN WORDS:
Tl�Nri r"il11"r.- 0 tntea- r,)r\e hAi-togrnv,r1
TOTAL 3 YEAR BASE BID IN NUMBERS: $_
The contract shall be awarded to the lowest responsible bidder based on the TOTAL
BASE BID.
Note: Some items may be adjusted or deleted. Any changes to the quantities for these items
shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard
Specifications. Therefore, regardless of total actual amount (percentage) compared to
estimated quantities, the unit prices provided above by the Bidder shall be applied to the final
quantity when payment is calculated for these items. No adjustment in the unit prices will be
allowed. The City reserves the right to not use any of the estimated quantities, and if this right is
exercised, the Contractor will not be entitled to any additional compensation. Cost of all export
of material shall be included in the above unit costs; no additional compensation will be granted
for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on
the total Bid price. This proposal shall include provision for at -risk youth employment per
specification and grant requirements.
:, P-13
B-13
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You'll Value Our Views
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L A N D S C A P E
A Professional Landscape
Award Winning Full -Service Landscape Design,
Michael Throne
P.E. — Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: City Landscape and General Maintenance Bids
Dear Mr. Throne,
t'1
June 9, 2016
and Maintenance
When in the course of contemplating submitting a bid for any proposed contract, and there be any
doubt as to the true meaning of any part of the specifications or other contract documents, or finds
discrepancies in or omissions from the specifications, he or she may submit to the Director of Public
Works a written request for an interpretation or correction. Any interpretation or correction of the
contract document will be made ONLY by an Addendum duly issued, and a copy of such Addendum will
be deliverE,d to each person receiving a set of the contract documents. This statement comes directly
from the Contract Documents For Maintenance of the bid that was opened on this past Monday, June
6th, 2016. As you are aware, there was a huge discrepancy in costs betweep the bidders. I find this to be
due to the ambiguity of the answers of the RFI's. I can only assume that the cavernous differences in
pricing was due to the lowest bidders not using the correct labor rates set by the Department of
Industrial Relations. As anybody doing Public Work will know, the DIR has multitudes of labor
classifications that one must sort through. This particular contract will have at least four separate labor
determinations to use. These being: Landscape Maintenance, Landscape/Irrigation Laborer, General
Laborer (which has 5 separate categories), and Operating Engineers. The range of pay for these
classifications are huge. In doing some quick mathematics, there was no wy that the lowest 2 bidders
would havE! accounted for these labor classifications.
I must point out that all RFI's were due on May 31, 2016. No subsequent Addendum was issued for
clarification. Only 4 pages of answers to questions. I'm not sure if this quali ies as an Addendum to the
Bid Documents. I point this out because some of the answers to the questins were in direct conflict
with the specifications. This alone may have been a cause to the differences in prices. I will list a few:
Page GP -2, Section 5. Prevailing Wages — Pursuant to Labor Code 1 73.2, the prevailing rate for
EACH craft, classification shall be paid to each worker. Questions were asked regarding the
specific labor classifications. It was pointed out that the listed Tabor classifications used in the
bid form were not registered classifications with the DIR. If the ansv - rs received are used to
calculate labor rates, one must make assumptions. I'm sure the as5L.mptions used by the lowest
bidders were to use the lowest waged determination they could to keep the cost down. This
iters alone is a dangerous assumption to make as the DIR can audit wages and penalize per day,
if a lower wage is paid to an employee than what is required.
'ianting -, fit Irrigation -.W Masonry -4 Carpentry. �- Lighting rep
'Jl rimming Design
25889 Belle Porte Ave., Harbor City, CA 9 710
Bus (310) 534-3543 Ventura Office (805) 640-3635 �R
www.bennett-landscape.com �:2R bennettlandsca
Bonded/Insured/Member: California Landscape Contractors Association, Intern
Irrigation Association & Pesticide Applicators Professional A
C27 479003/PCO 30123/ CLIA = 00763
(310) 534-3176
tional Society of Arboriculture
iation
C-1
2. Fage GP -3, Section 8. Apprentices—Attention is directed to the provisions of Sections 1778.5
and 1776.6 of the Labor Code concerning the employment of Apprentices by the Contractor. A
specific question was asked and answered regarding the use of apprentices. Question: 'Are
apprentices required? There is no designated spot in the bid fora to include them or wages.'
Answer: 'Only the positions listed in the specifications are requirod'. This is not true. Every
requested labor classification in this bid is an apprentice able craft.
3. Page GP -16, Section 26. Contractor's Supervisor — The Contractor shall designate in writing and
keep on the work at all times during its process a competent, full-time, technically qualified
Sipervisor per these Special Provisions. A question was also asked and answered. Question:
'What line item is for the overall supervisor?' Answer: 'As no on site overall supervisor is
specified in the project the cost of this level of project oversight shall be calculated into the
rates for the onsite personnel.' As this answer is in direct conflict with the specifications, and
without a correlating Addendum inserting these Questions/Answers into the Bid Documents,
the interpretation could be that since it was answered that therelis no Supervisor required, no
price will be added. This is also too large of an assumption to let pass. Bidders who follow the
specifications because no Addendum was issued are left at a disadvantage.
Just to point out another discrepancy in the RFI process (which also didn't make it to
Addendum) was a question regarding irrigation auditing.
I. Page PWS -9, Section P.3.15.7 — Compliance with AB 325 'Model Water Irrigation Ordinance':
Contractor shall be required to comply with all restrictions associated with Assembly Bill
325. To include audits and efficiency standards for all landscape areas. A question was
specifically asked regarding these audits. Question: How oft& is an irrigation audit
required? When was the last one performed? If one was performed, is a copy available to
preview?' Answer: 'There is a monthly irrigation report to be repared by the contractor,
see page PWS -8; section P.3.15.1.1. This is a new requirement under this specification. No
copy of the report is available at this time.' The answer to the question is misleading. What
the answer refers to is strictly a maintenance report of the irrig:-tion system and NOT an
audit. The audit is specifically mentioned in another section. -,-his too, by a bidder who
strictly adheres to the Specifications, would add money to ccver the costs associated with
this task. Water audits of this magnitude are very expensive.
In summary, we can only ask that all bids be rejected until a level playing field has been determined.
With as much ambiguity as there has been, it only seem fair to address the above issues. This is not only
fair to the bidding contractors, but to the employees and the city itself. Thank you for taking the time
to read this letter and we await your response.
Sincerely,
/n
Martin Blankenship
General Manager
Bennett Landscape
C-2
POOLEmSHAFFERY
&TTO"EYS
Writer's Email: hbraly( )pooleshaffery.com
June 20, 2016
VIA U.S. MAIL AND EMAIL SeanL(axpvca.gov
Sean Larvenz, Maintenance Superintendent
City of Rancho Palos Verdes Department of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: City Landscaping, General Maintenance and Litter and Trash Services
Dear Mr. Larvenz,
This firm represents Stay Green Landscaping, Inc. and we are responding as you requested to the
protest letter sent to the City by Bennett Landscape.
Let me first point out that Bennett's bid was almost $2 million greater than the low bid from Stay
Green and almost $1.8 million greater than the second lowest bidder, Venco Western, Inc. The
City staff has reviewed Stay Green's bid and confirmed that is was the lowest qualified bidder
for this contract and is prepared to recommend to the City Council the approval of a contract
with Stay Green.
In reviewing Bennett's letter it appears clear that Bennett was confused and did not totally
understand either the bid or the questions and answers which were provided to each bidder.
Bennett does not provide any legal justification that the City violated any laws or ordinances in
its RFI or its evaluation of the submittals. In addition, Bennett does not provide any factual
information which would change the fact that Stay Green is the lowest qualified bidder.
However, let me comment on the main issues raised in Bennet's letter.
1. Bennett claims that the Prevailing Wage calculations provided by Stay Green may
not be accurate, but provides no facts to support its analysis. Bennett simply raises the concerns
that the assumptions used by Stay Green and other lower bidders are dangerous and could lead to
an audit from the Department of Industrial Relations and subsequent penalties if violations are
found. It is important for you to know that Stay Green has extensive experience in bidding and
successfully contracting with jurisdictions which have prevailing wage requirements. As a
result, we have not had any problems with this issue and it was this experience which Stay Green
used to calculate its bid.
2. In regards to the Contractor supervisor issue in GP -16, Section 26, Stay Green, as
did other bidders, understood that this cost was to be shared over the entire group of employees
being provided under the contract. This is similar to other bids Stay Green has responded too in
other jurisdictions and was not confusing or irregular.
POOLE & SHAFFERY, LLP ■ 25350 Magic Mountain Parkway ■ Second Floor Santa Clarita ■ CA 91355 ■ P 661.290.2991 ■ F 661.290.3338
L 0 S ANGELES SAN F R A N C I SCO A SANTA CLA RITA 0 WALNUT CREEK ■ 0RAt0E/C0UNTY
Sean Larvenz, Maintenance Superintendent
City of Rancho Palos Verdes Department of Public Works
June 20, 2016
Page 2
3. The concern about whether or not a water audit would have to be required, which
Bennett believed would be very expensive, is not valid as discussed by City staff in their
response to Questions. The vast majority of the City's irrigation system is weather based which
will produce monthly reports which can be utilized to comply with the Irrigation Ordinance.
Stay Green used that fact in preparing its cost to comply with this provision.
Stay Green is excited about the potential of work with the City of Rancho Palos Verdes on this
landscaping project and is available to provide any additional information, or answer any further
questions, which the City might have regarding its successful bid.
Very truly yours,
4- ��k C,
Hunt C. Braly
cc: Stay Green
D-2
EXHIBIT E
Account Numbers
Stay Green Contract
$ 972,066
Budget
$ 893,300
Additional Appropriation
$ 78,766
Account No.
Fund
Program Name
Description
FY 16-17
Budget
Revised
Budget
101-3006-431-43-00
General Fund
Traffic Management
Item 1 - Radar Speed Trailer Program
6,000
101-3008-431-43-00
General Fund
Building Maintenance
Item 3 - General Building Maint
50,000
89,383
101-3008-431-43-00
General Fund
Building Maintenance
Item 12 (a) - Paint program
25,000
101-3008-431-43-00
General Fund
Building Maintenance
Item 12 (c) - Water & backflow
11,500
101-3009-431-43-00
General Fund
Parks, Trail, Open Maint
Item 1 - Landscape open space
336,000
375,383
101-3009-431-43-00
General Fund
Parks, Trail, Open Maint
Item 2 (a) - Fuel mod open space
10,000
101-3009-431-43-00
General Fund
Parks, Trail, Open Maint
Item 1 (c ) - PVPLC trail maintenance
15,000
202-3003-431-43-00
Gas Tax
Median
Item 1 - Median Maintenance
164,000
202-3003-431-43-00
Gas Tax
Right of Way
Item 1 - Right of Way & Litter
196,000
202-3003-431-43-00
Gas Tax
Right of Way
Item 3 - Roadway repairs due to
accidents
15,000
203-3010-431-43-00
Street Lighting 1972 Act
Street Lighting
Item 1 (a -c) - Special beneifts main
2,300
209-3019-431-43-00
EI Prado
EI Prado
Item 1 - EI Prado maintenance
500
213-3013-431-43-00
Waste Reduction
Waste Reduction
Item 1 - Household Hazardous Waste
Roundup
3,000
223-3023-431-43-00
Subregion 1
Subregion 1
Item 1 - maintenance for SR1
24,000
285-3088-431-43-00
Imp Authority - Portuguese Bend
Portuguese Bend
Item 2 - storm and well water
5,000
285-3088-431-43-00
Imp Authority - Portuguese Bend
Portuguese Bend
Item 3 - Burma Road
25,000
795-3089-431-43-00
Imp Authority - Abalone Cove
Abalone Cove
Item 2 - Repair dewatering well
5,000
TOTAL
893,300
E-1