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HomeMy WebLinkAbout2016-02-23 - AGENDA REPORTS - DELIVERY OF LANDSCAPE MULCH (2)Agenda Item: 9 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR i, CITY MANAGER APPROVAL: 1 j=� DATE: February 23, 2016 SUBJECT: AWARD CONTRACT FOR PURCHASE AND DELIVERY OF LANDSCAPE MULCH DEPARTMENT: Administrative Services PRESENTER: Dennis Luppens RECOMMENDED ACTION City Council: 1. Award a two-year contract to Athens Services for the purchase and delivery of mulch to all Landscape Maintenance District (LMD) zones as specified in Bid No. LMD-15-16-10 for an amount not to exceed $156,960 annually. 2. Authorize the City Manager or designee to execute all contracts and associated documents or modify the awards in the event other issues of impossibility of performance arise, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year, and execute all documents subject to City Attorney approval. 3. Authorize the City Manager or designee to execute up to three (3) additional one-year renewal options beginning in year three, not to exceed the base contract of $156,960 plus CPI adjustments, upon request of the contractor. BACKGROUND The use of mulch is a landscaping best management practice. In 2015, the City's LMD operation spread more than 10 tons of mulch throughout each of the 56 financially independent landscape zones. Mulch is far more aesthetically pleasing than bare dirt, helps retain moisture in the soil thereby reducing water use, and inhibits weed growth, thus reducing the use of chemical weed retardants. On October 13, 2015, the Bid No. LMD-15-16-10 was circulated for the procurement and delivery of mulch on an as -needed basis. Mulch is delivered via 10 -yard bins, with bid specifications requiring proposers to submit a bid based on 300 deliveries. 0 Page 1 PacketPg. 71 Bid notices were directed to the Santa Clarita Chamber of Commerce, the Valley Industrial Association, and 232 known vendors on file. Twenty-three companies downloaded the bid, and four companies responded. As a result of the bid process, four proposals were opened by Purchasing staff on November 11, 2015. The results of the bid are shown below: BID COMPANY LOCATION BID AMOUNT Bid 1 Recommended Athens Services City of Industry, CA $156,960 Bid 2 Foothill Soils Santa Clarita, CA $179,850 Bid 3 Mulch Masters Riverside, CA $245,250 Bid 4 Terra Form La Canada, CA $327,200 Santa Clarita Municipal Code (S.C.M.C.) § 3.12.205 "Support of Santa Clarita Businesses" states that the lowest bid or quote submitted by a Santa Clarita business that is within 10 percent (10%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the locally based bidder agrees to reduce its bid to match the bid or quote of the lowest bidder. In this instance, the lowest local bidder, Foothill Soils, did not submit a bid within 10% of the lowest bid. Therefore, the Support of Santa Clarita Businesses provision of the Municipal Code is not applicable to this procurement. Staff reviewed all submissions and determined Athens Services to be the lowest responsive, responsible bidder. Special Districts' staff has completed its due diligence efforts, including discussion with professional references provided by Athens Services, and has determined the recommended vendor's performance meets the organization's high standards. ALTERNATIVE ACTION 1. Do not award contract to Athens Services. 2. Other action as determined by the City Council. FISCAL IMPACT Adequate funds were appropriated in Landscape Maintenance District Fund 357 by City Council during the Fiscal Year 2015-16 budget process. The procurement of mulch via Athens Services beyond Fiscal Year 2015-16 is contingent upon the approval and appropriation of funds by the City Council during future budget processes. ATTACHMENTS LMD 15 16 10 Mulch Bid Response Athens (Available in City Clerk's Reading File) 0 Page 2 Packet Pg. 72 FOR PUBLICATION Tuesday, October 13, 2015 NOTICE INVITING BIDS Bids must be received electronically before 11:00 AM on Wednesday, November 11, 2015, by the Purchasing Agent of the City of Santa Clarita. Specifications for this electronic bid may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanVID=1 6840# LMD-15-16-10 MULCH FOR THE LANDSCAPE MAINTENANCE DISTRICTS (LMD) Please refer to specifications for complete details and bid requirements. There will be no pre-bid meeting for this bid. This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dlsr/pwd. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program, approved by the DIR for projects with a Bid Advertise Date of November 20, 2003 or later, and which will become part of the conformed documents. All pertinent California statutes and regulations, including, but not limited to those referred to in the City's Labor Compliance Program, are incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such. Contractor shall submit certified copy of all Certified Payroll Records (CPRs) with the progress payment on at least monthly basis to the City. The specifications in this notice shall be considered a part of any contract made pursuant thereto. This bid is subject to SB 854. See bidder instructions for details. Purchasing (661) 250-3737 CITY OF SANTA CLARITA INVITATION FOR BID BID # LMD-15-16-10 BID OPENING: November 11, 2015 The City of Santa Clarita invites electronically sealed bids for: MULCH FOR THE LANDSCAPE MAINTENANCE DISTRICTS (LMD) 1. Electronic Bids must be ELECTRONICALLY received at: http://www.planetbids.com/portal/portal.cfm?CompanVID=16840# 2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service rendered. 3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is longer. 4. Bids must be on this Bid form. Submission of a proposal acknowledges the proposer has read and understands the requirements contained on pages 1 to 59 and Exhibits A to C. 5. Bid Questions. Questions should be submitted electronicallyto: http://www.planetbids.com/portal/portal.cfm?CompanVID=l 6840# The last day for questions will be 5:00 PM, November 3, 2015. 6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. 7. Renewal and Pricing Adjustment. Contracts entered into pursuant to this Invitation to Bid may be renewed annually up to 3 times (in 1 year increments), in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the most recently City Council approved City of Santa Clarita Combined Engineer's Report for Landscape Maintenance Districts. Name (Print): Tracy Welch Email: Twelchoathensservices.com Company Phone No. 626-336-3636 Bid # LMD-15-16-10 Company: Athens Services Address: 14048 Valley Blvd City: City of Industry State/Zip: CA, 91746 BID INSTRUCTIONS Submitting Proposals. (a) The bid response must be ELECTRONICALLY submitted on this form and include the notice, Request for Bid Schedule, and all forms or information included in or required by Section C, Specifications, (attachments accepted) (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 3. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 4. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post- industrial and post -consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. 5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response to this bid. 6. Refection. The City reserves the right to reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 7. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will be available from the City's website. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information and guidance will be provided as part of this solicitation or written addenda. 8. Awards. The City will award in accordance with S.C. M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the S.C. M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The results of the bid will be posted on the City's website at www.santa- clarita.com/purchasing, normally within 24 hours. 9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not Bid # LMD-15-16-10 obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 10. Amendments. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. 11. Taxes. Charges and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to cooperate with the City in all matters of local taxation. 12. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 13. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 14. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 15. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor Compliance Program is included herein as an informative reference for the successful bidder. It does not require any completion prior to contract award but should be reviewed for all necessary provisions and requirements. 16. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 17. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 18. Bonds. There are no bonds for this bid. 19. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. Bid # LMD-15-16-10 20. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 21. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 22. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 23. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 24. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay "surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 25. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. 26. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 27. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 28. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 29. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any Bid # LMD-15-16-10 determinations with respect to the performance of such agreement, provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. 30. Invoices. Invoices will be forwarded to City of Santa Clarita Special Districts 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 31. Bid Questions. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?ComipanvlD=l 6840# The last day for questions will be 5:00 PM, October 20, 2015. 32. SB 854 - No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Bid # LMD-15-16-10 C. ADMINISTRATIVE SPECIFICATIONS The City of Santa Clarita is soliciting sealed bids from qualified vendors for supplying and delivering mulch. The Landscape Maintenance Districts (LMD) estimates using approximately six hundred (600) loads maximum, (300) loads annually, each load consisting of forty (40) cubic yards of mulch. The mulch will be used throughout LMD's landscaped parkways, medians, hybrid parks, paseos, and various other locations. These specifications establish a standard for appearance and the type of mulch produced and delivered to the City of Santa Clarita LMD. The quantity is estimated. The City may or may not utilize the entire quantity listed. This is a two year initial contract with three possible, one year renewals annually. The Mulch Supplier is asked to provide a detailed cost response for mulch including delivery to sites within the City of Santa Clarita, California according to the bid schedule and a complete response including all delivery, handling, miscellaneous charges, and applicable sales tax. (All bids MUST include the City's tax of .09%, no matter where the mulch will be shipped from.) There will be no pre-bid meeting for this solicitation however, a 4 oz. sample of the mulch in a sealed zip lock plastic bag (include on the bag the bid number and the company name) will be required. All samples must be in the City's possession PRIOR TO the due date and time of 11:00 AM, November 11, 2015. Samples should be mailed to: City of Santa Clarita Attn: Martin McKnight/LMD 23920 Valencia Blvd., Suite 120 Valencia, CA 91355 Ref: LMD-15-16-10 MULCH SAMPLE 1. Scope of Work: a. Supply and deliver mulch to Landscape Maintenance District (LMD) sites throughout The City of Santa Clarita. b. Supplier of mulch is responsible for following all street traffic rules as well as on site suggestions for driving within LMD property. c. Damage to irrigation lines, sprinklers, plant material, concrete walkways, light poles, fencing, or any public or private property, due to driver negligence shall be the responsibility of the supply company for repair. Repairs shall be completed within (48) forty eight hours. d. All change orders will be approved in advance by the City's Project Manager. e. Mulch deliveries will be made along Landscape Maintenance District paseos, hybrid parks and open space sites with limited vehicle access. Delivery hours are limited to Monday through Friday from 7:30 a.m. to 4:30 p.m. daily. f. No alterations of material shall be made to the mulch specifications without the written consent from Landscape Maintenance Districts. g. The awarded vendor will be required to enter into a Letter of Agreement contract with the City of Santa Clarita (see Section D, "Sample Contract.") 2. Material Specifications: The mulch provided shall be screened to 3 -inches in size with a maximum length of 4- inches. The mulch shall have an appearance suitable for high visibility areas such as City Hall building, Bid # LMD-15-16-10 outdoor pedestrian and business friendly streetscapes, shopping malls, commercial centers, parkways, hybrid parks, and paseos. The appearance of the mulch shall not be black or yellow in appearance. The appearance of the mulch shall be between the colors light brown to dark brown. a. The mulch must be from a compost producer who is a participant in the United States Composting Council (USCC) Seal of Testing Assurance (STA) program. b. The compost producer must be fully permitted as a compost producer in accordance with requirements of the California Integrated Waste Management Board (CIWMB), Local Enforcement Agencies (LEA) and any other State and Local Agencies that regulate solid waste facilities. If exempt from State permitting requirements, the composting facility must certify that it follows all guidelines and procedures for production of compost meeting the environmental health standards of Title 14, California Code of Regulations, Division 7, Chapter 3.1, and Article 7. Proof of which is required to accompany vendor response. c. Mulch material may be derived from tree bark, wood chips, shredded bark or either wood chips or tree bark or a combination of both. Any single or mixture of chipped, shredded, or ground vegetation; or clean processed recycled wood products. d. Compost materials such as weed seeds, pathogens and deleterious materials are reduced as specified under Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 7, Section 17868.3. e. Mulch material must not contain paint, petroleum products, herbicides, fungicides or other chemical residues harmful to animal life or plant growth. Compost must possess no objectionable odors. f. Metal concentrations in mulch material must not exceed the maximum metal concentrations listed in Title 14, California Code of Regulations, Division 7, Chapter 3.1, and Section 17868.2. g. Mulch material must comply with the attached Physical and Chemical requirements table. h. Certificate of Compliance. Compost Technical Data Sheet (CTDS). Before mulch delivery; Producer Submits Samples to STA Lab. Samples Tested via STA Methodologies, submit a Certificate of Compliance under Section 6-1.07, of the California Department of Transportation Solid Waste Trust Fund Standard Specifications of July 1999. Proof of which is required to accompany vendor response. i. Mulch wood chips shall be screened to 3 -inches in size with a maximum length of 4 -inches. j. Mulch will meet the requirements of the Physical and Chemical Requirements table in Attachment A. Bid # LMD-15-16-10 D. SAMPLE CONTRACT MAINTENANCE AGREEMENT (SAMPLE) BETWEEN THE CITY OF SANTA CLARITA AND FOR THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit "12," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 120 , to 120 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " .11 B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, Bid # LMD-15-16-10 8 CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY'S Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. B. If this contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. C. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: i. Thoroughly investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and Bid # LMD-15-16-10 9 iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If 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, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any Bid # LMD-15-16-10 10 exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet anv of the insurance requirements under this aueement. Citv may cancel the Agreement immediatelv with no venalty. F. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy. CONTRACTOR must notify Citv within 24 hours of receipt of notice of cancellation. Furthermore. CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Bid # LMD-15-16-10 11 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any Bid # LMD-15-16-10 12 other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. hi the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent Bid # LMD-15-16-10 13 that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY'S conflict of interest regulations. (SIGNATURES ON NEXT PAGE) Bid # LMD-15-16-10 14 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Sample Only —DoNot Sian Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER City Manager Date ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Bid # LMD-15-16-10 15 E. PRICING Pricing MUST reflect all costs for supply and delivery of all mulch shipments. LINE DESCRIPTION COST PER UNIT OF MEASURE QUANTITY EXTENDED PRICE (Cost Per Quantity) 1. Mulch (Per cubic yard delivered) $ 12.00 12,000 $ 144,000 2. CA @.09 % Tax N/A N/A $12,960 3 Any additional costs to complete each delivery. Please explain: 300 deliveries Total cost (add lines 1-3) In Words: $ One Hundred Fifty Six Thousand Nine Hundred Sixty dollars and 00/100 Bid # LMD-15-16-10 16 ATTACHMENT A Physical and Chemical Requirements Property Test Method Requirement pH TMECC04.11-A Elastometric pH 1:5 Slurry Method 6.0-8.5 pH Units Soluble Salts TMECC 04.10-A Electrical Conductivity 1:5 Slurry Method 0-10.0 dS/m (mmhos/cm) Moisture TMECC03.09-A Content Total Solids & Moisture at 70+/- 5 deg C N/A % Wet Weight Basis Organic Matter TMECC05.07-A Content Loss -On -Ignition Organic Matter Method 30-100 (LOI) % Dry Weight Basis Maturity TMECC05.05-A Germination and Vigor N/A Seed Emergence N/A Seedling Vigor % Relative to Positive Control Stability TMECC05.08-B Carbon Dioxide Evolution Rate N/A mg CO2 -C/9 OM per day Particle Size TMECCO2.02-B Inches % Sample Sieving for Aggregate Size Passing Classification 3 99% % Dry Weight Basis 3/8 < 25% Max. Length 4 inches Pathogen TMECC07.01-B Fecal Coliform Bacteria Pass < 1000 MPN/gram dry wt. Pathogen TMECC07.01-B Salmonella Pass < 3 MPN/4 grams dry wt. Physical TMECCO2.02-C Contaminants Man Made Inert Removal and Classification: Combined Total: Plastic, Glass and Metal < 1.0 % > 4mm fraction Physical TMECCO2.02-C Contaminants Man Made Inert Removal and Classification: None Detected Sharps (Sewing needles, straight pins and hypodermic needles) % > 4mm fraction NOTE: TMECC refers to "Test Methods for the Examination of Composting and Compost," published by the United States Department of Agriculture and the United States Compost Council (USSC). Bid # LMD-15-16-10 17