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HomeMy WebLinkAboutStaff Report 257-07TO: BUDGET ’07- ’09 City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL ~ FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:JUNE 11, 2007 CMR: 257:07 SUBJECT:APPROVAL OF CONTRACT WITH LORAL LANDSCAPING INC. IN THE AMOUNT OF $514,293 FOR LANDSCAPE MAINTENANCE SERVICES RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager to execute the attached contract with Loral Landscaping Inc. in the amount of $514,293 for Landscape Maintenance Selwices (Attachment A). 2.Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Loral Landscaping Inc. for related additional but unforeseen work which may develop during the project, the total not to exceed $51,429. 3.Authorize the City Manager or his designee to exercise the option to renew the contract for the second and/or third year provided the proposed cost of the renewal contract does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oaldand - San Jose, CA), the contractor is responsive to the City’s needs, and the quality of the contractor’s work is acceptable during the first year of the contract, and/or other conditions which will determine the City’s willingness to renew the contract. DISCUSSION Scope of Services Description The scope of work to be performed under the contract is for landscape maintenance services of medians, roadsides strips, parking lots, garages, parks, City facilities, and utility substations. The locations of these specific areas are attached (Attachment C). The draft scope of services was reviewed by the City Auditor subsequent to the auditor’s review of contracting for park maintenance services. An alternative to =utilizing a landscape maintenance company to provide landscape maintenance services for city parks, facilities, garages, parking lots, and utility substations would be to hire full-time employees. At the present time, without utilizing a landscape maintenance company, the above locations would become littered with debris and city parks and facilities could become unsafe. Landscape plantings and turf areas would not be maintained properly and become aesthetically unacceptable and in some cases would die. CMR: 257:07 Page 1 of 3 Summary of Solicitation Process Proposal Description/Number Name/Number of Proposal here Proposed Length of Project 36 months Number of Proposals Mailed 10 Total Days to Respond to Proposal 41 Pre-proposal Meeting Date March 6,2007 (Mandatory) Number of Company Attendees at 8 Pre-proposal Meeting Number of Proposals Received:2 Company Name Location (City, State)Selected for oral interview? 1. Lorat Landscaping Inc.San Mateo, CA Yes 2. M C Landscaping San Jose, CA Yes 3. 4. Range of Proposal Amounts $514,293 to $950,443 Submitted for all items awarded A request for proposals for landscape maintenance services was sent on February 21, 2007, to 10 firms with 41 days to respond to the RFP. A mandatory pre-bid meeting was held on March 6, 2007. Proposals were received fromtwo qualified firms on April 3, 2007 as listed on the attached cost proposal sheets. (Attachment B). The proposal evaluation committee consisted of staff members from the Community Services Department and Administrative Services Department. Both firms were invited to participate in oral interviews on April 13, 2007. The committee carefully reviewed each firm’s qualifications and submittals in response to the criteria as identified in the RFP. The written proposal ranking form (Attachment B) provides the detailed criteria utilized in the selection process. Staff canvassed the remaining firms to determine why they did not respond to the RFP. Three firms said that they were too busy during this season; one said that the project was too large for its firm to handle; one said it was not interested at this time. Loral Landscaping Inc. was selected because of the quality and completeness of its proposal; experience and qualifications; demonstration of understanding the scope of services requested; financial stability and best value for the City. The bid is 1 percent below the staffs estimate of $519,436. The change order amount of $51,429, which equals 10 percent of the total contract, is requested for related, additional but unforeseen work which may develop during the project. Staff confirmed with the Contractor’s State License Board that Loral Landscaping Inc. has an active license on file. Staff checked references supplied by Loral Landscaping Inc..for previous work performed and found no significant complaints. Staff, with the concurrence of the City Attorney, has determined that the firm is exempt from complying with the financial disclosure provisions of the City’s conflict of interest code, because CMR: 257:07 Page 2 of 3 the firm’s range of duties and services to be provided under the contract are limited in scope or are primarily ministerial in nature. RESOURCE IMPACT Funds for this contract are included in the City Manager’s proposed 2007-2008 budget. Staff will continue to analyze the cost proposal sheets in conjunction with the City Auditor’s Audit Report of Park Maintenance, to see if there are any further recommendations for outsourcing parks maintenance. Additionally, as part of the obligatory "Meet and Confer" process as stipulated in the S.E.I.U. contract, the union will be submitting an alternative proposal for retaining park maintenance services. That proposal will be analyzed as staff develops further recommendations for possible future outsourcing. POLICY IMPLICATIONS This recommendation is that this report is consistent with current City policies. ENVIRONMENTAL REVIEW This contract is not a project as defined by the California Environmental quality Act (CEQA) and is not subject to CEQA requirements. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Contract W{itten Proposal Ranking Form Location of sites Certificate of Non-Discrimination PREPARED BY: DONALD PIANA Park Superintendent DEPARTMENT HEAD: CITY MANAGER APPROVAL: Services EMILY HARRISON Assistant City Manager CMR: 257:07 Page 3 of 3 ATTACHMENT A City of Palo Alto Contract No. C07119836 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 1st day of JuZ~,,20 o7 , by and between the CITY OF PALO ALTO (" CITY"), and: (Name).~,o=a~ Landscaping, Znc (Address) 704 South Amphlett Blvd. (City) Sa~ Mateo (State)__ca (Zip) 94402 ~(Phone) 650-340-6940 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: SERVICES. CONTRACTOR shall provide or famish the services ("Services") described in the Scope of Services, attached as Exhibit A. 2.EXHIBITS. The following exhibits are attached to and made a part of this Agreement: ~ "A" - Scope of Services ~"B"- Schedule of Performance ~ "C" - Compensation ~ "D" - Insurance Requirements ¯ ~ "E" - Discrimination Compliance Form ~ "F" - Performance and/or Payment Bond CONTRA CT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED. TERM. (a) The term of this Agreement is from J,~-~ a r 2007 to June 30, 2008 , inclusive, subject to the provisions of subsection 3.(b) and Section Q of the General Terms and Conditions. ~ Option to extend. CITY has the right to extend the term of this Agreement for _2 additional one year periods (the "Additional Terms"), based upon the same conditions of the initial term, subject to adjustments for compensation as set forth in Section E of the General Terms and Conditions. CITY shall notify CONTRACTOR in writing of its exercise of its option for an Additional Term not less than thirty (30) days prior to the end of the then current term. CITY’s exercise of its right to extend the term of this Agreement is not a waiver of the "time is of the essence" provision in Section 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and-dlre~ti0r~ communicated ~d CONTRACTOR, and if-ipplicabiei-in accordance with }he schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement. COMPENSATION. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensation for the fall performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of five hundred fourteen thousand two hundred and ninety three, dollars $ 514,2~a. oo ); annually, payable in 12 monthly increments, OR 050809 sm0100394 o The sum of dollars ($_) per hour, not to exceed a total maximum compensation amount of dollars ($.); OR A sum calculated in accordance with the fee schedule set forth in Exhibit C,; not to exceed a total maximum compensation amount of dollars ($). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. The City has se} aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Don Piana ,Dept.: Parks and Recreation Telephone: 6so-4~-691o . Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more ~equently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited.to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached exhibits. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. 050809 sm0100394 2 Co Do go .I. Fo INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. Go SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’s compensation rates may be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section above, may be increased by an amount not to exceed the percentage increase in the Consume--r Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall, direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessm2¢ to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of__ from completion of the Services and shall survive the completion of the Services or termination of this Agreement. 050809 sm0100394 L° Mo N° MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve deductibles and self-ins~ed retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Pato Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. HOLD HARMLESS. To the fullest extent permitted by. law and without limitation by the provisions of section F. relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), , arising out of, or resulting in any way from or in colmection with the performance of this Agreement. The CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that the CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 050809 sm 0100394 4 NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR agrees to meet all requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in employment, including completing the Non-Discrimination Compliance Forrn, attached hereto as Exhibit D, and incorporated herein by this reference. Q WORKERS’ COMPENSATION. CONSULTANT, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California 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 certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct f~om such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACT(JR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, compnt~tions, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. So ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized’ without the written consent of the CITY. To CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it wi!l not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. U.GOVERNING LAW. This contract shall be governed and interpreted by the laws of the state of California. V°ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement.between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any-conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W.NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the 050809 sm 0100394 appropriated for a portion of the fiscal ?,’ear and fimds for this C~mtvact are no longer avMlahle. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. I-HIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAl. AND EXECUTION BY 2ITY. tN WITNESS "WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, v!ONTH, .AND YEAR FIRST V~rRITTEN ABOVE. 2ITY OF PALO ALTO ~sst. City Manager (Required on contracts $25K & Over) ~urchasing Manager tpproved as to form: 2ity Attorney LOi~&L LANDSCAPING, INC. Tax I.D. or~S.o~aial Security . ci [NOTARY ACKNOWLEDGEMENT REQUIRED IF CONTRACTOR IS NOT A SOLE PROPRIETOR] nsurance Review 50809 sm 0100394 6 A. Median and Roadside Strips Alma St. Alma St. West Charleston Rd California Ave California Ave Business Dist Tree Wells Birch St Medians Embarcadero Rd Islands/Underpass Oregon Expressway San Antonio Road University Ave Downtown Tree Wells Page Mill Road Cal Trans underpass El Camino Real Forest Ave N. California Ave Arastradero Road Evergreen Park/park Blvd Medians Quarry Road Miranda Avenue 101/West Bayshore Soundwalls Bryant/Addison Circle Lytton/Guinda Circle E. & W. Greenwich St, Culdesacs Eleanor Park Area Culdesacs Melville Island D. City Facilities Alma Fire Station Animal Shelter Arastradero Fire Station Art Center Bike Paths Bowling Green Spraying Childrens Library Childrens Theatre City Hall Downtown Library Embarcadero Fire Station Flood Basin Hanover Fire Station Junior Museum Main Library Middlefield Substation Municipal Service Center Roth Building Hale Well Park Area Tower Well Site CMR:257:07 Location of Areas B. Parking Lots and Parking Garages California Ave. Business District Lots and Garages: Parking Lot 1 Parking Lot 2 Parking Lot 3 Parking Lot 4 Parking Lot 5 Parking Lot 6 Parking Lot 7 Parking Lot 8 Parking Lot 9 University Ave Business Dist Parking Lots and Garages: Parking Lot A Parking Lot C Parking Lot D Parking Lot E Parking Lot F Parking Lot G Parking Lot H Parking Lot J Parking Lot K Parking Lot N Parking Lot O Parking Lot P Parking Lot R Parking Lot S/L Parking Lot S Parking Lot T Midtown Shopping District Lot E. Utility Substations and Wellsites Adobe Creek Substation Colorado Substation Gas Recovery Station #4 Hale Well Site Hanover Substation Hansen Substation Mitchell Substation Page Mill Substation Park Blvd. Substation PG and E Substation Quarry Electric Station SCAADA Building Grounds Matadero Wellsite Alma Electric Substation Maybell Substation Arastradero Rd. Fluoride Station Water Quality Control Plant Geng Road Substation Attachment C C. Parks Bol Park Boulware Park Bowden Park Briones Park Cameron Park Cogswell Plaza Eleanor Park Hale Well Park Heritage Park Hoover Park Johnson Park Monroe Park Peers Park Ramos Park Robles Park Sarah Wallis Park , Scott Park Seale Park Terman Park T. Hopkins Creekside Par_ks Ventura School Grounds Weisshaar Park Werry Park ATTACHMENT D Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 4.If Proposer is INDIVIDUAL, sign here: Date: Proposer’s Signature o Date: Proposer’s typed name and title If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners Or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Member of the Partnership or Joint Venture signature Date: Member of the Partnership or Joint Venture signature Date: If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, 86 ATTACHMENT D notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. 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