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HomeMy WebLinkAbout2019-10-22 - AGENDA REPORTS - AWARD LMD CONTR FOR LMD ZONE T8 (VALENCIA SUMMIT) (2)4 Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: October 22, 2019 SUBJECT: AWARD LANDSCAPE MAINTENANCE CONTRACT FOR LMD ZONE T8 (VALENCIA SUMMIT) DEPARTMENT: Neighborhood Services PRESENTER: Kevin Tonoian RECOMMENDED ACTION City Council: 1. Award a two-year contract to Stay Green, Inc., to provide landscape maintenance services for Landscape Maintenance District Zone T8, Valencia Summit, for an annual amount of $449,500, and authorize an annual contingency of $67,425 to address unforeseen maintenance and repairs, for a total two-year amount not to exceed $1,033,850. 2. Appropriate an ongoing expenditure budget of $62,500 to account 12508-5161.010 for enhanced landscape maintenance services from the Landscape Lighting District Fund 357. 3. Authorize the City Manager or designee to execute up to three additional, one-year renewal options beginning in year three, not to exceed the annual contract amount, inclusive of a contingency of $67,425, plus an adjustment consistent with the appropriate Consumer Price Index, upon request of the contractor, and contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. 4. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) administers 60 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services through contracts with private companies. Request for Proposal number LMD-19-20-01 for the maintenance of LMD Zone T8 (Valencia Summit) was published and circulated v PlanetBids system on July 3, 2019. Page 1 Packet Pg. 20 4 This procurement utilizes multiple weighted criteria to evaluate and score proposals. The evaluation process reinforces performance expectations and works to ensure vendors dedicate adequate employees to service the contract. The proposal also includes provisions to impose payment reductions for poor performance should the contractor fail to meet their maintenance schedule. Furthermore, to improve maintenance standards and enhance contractor accountability, staff prepared updated performance specifications requiring vendors to provide two separate three- person crews with their own assigned vehicles and a dedicated full-time irrigation technician on- site 40 hours per week. Staff also required vendors to incorporate all labor for irrigation repairs into their base proposal for monthly recurring maintenance services. This is in contrast to previous contract terms where labor for irrigation repairs constituted extra work beyond the scope of recurring monthly services. In previous years, irrigation repair costs have averaged approximately $100,000 annually. While incorporating all irrigation repair labor into the cost for recurring monthly maintenance services will be financially advantageous and primarily offset by anticipated reduced maintenance and repair expenditures, staff is requesting an ongoing base budget increase of $62,500 for Valencia Summit. This requested base budget adjustment reflects changes in labor costs since 2014 and funds the increased level of landscape maintenance services identified in the contract performance specifications. The following categories comprised the weighted criteria used to evaluate proposals: Value Provided (30%) Rotation Schedule (20%) Team Composition/Crew Member Structure (15%) Acknowledgement and Understanding of Specifications (15%) Proposal Amount (10%) References & Certifications (10%) In contrast to a bid procurement where the recommended contract award is based upon the lowest, most responsive bid, a multiple weighted criteria procurement does not base a contract award recommendation solely on cost. While the price for services constitutes 10 percent of the 65 percent of the evaluation criteria focuses on the maintenance areas, and the overall value provided. The City transmitted the solicitation to 549 vendors, including the Santa Clarita Valley Chamber of Commerce and the Valley Industry Association. Twenty-six companies downloaded the proposals, with six vendors providing proposals for consideration. The results are below: Page 2 Packet Pg. 21 4 BID COMPANY LOCATION BID POINTS AMOUNTAWARDED Proposal 1 Stay Green, Inc. Santa Clarita, CA $449,500* 86.52 (Recommended) Proposal 2 Brightview Landscapes, LLC San Fernando, CA $445,028** 82.62 Proposal 3 Venco Western, Inc. Oxnard, CA $354,324 82.42 Proposal 4 Landcare, Inc. Canoga Park, CA $491,292 76.63 Proposal 5 Oakridge Landscape, Inc. Santa Clarita, CA $447,360 74.36 Proposal 6 Marina Landscape Services, Inc. Santa Clarita, CA $459,120 65.24 * year. Upon completing the evaluation and scoring of all proposals, staff identified Stay Green as the highest ranked vendor. Consiste allows negotiations with the highest ranked vendor, staff was successful in working with Stay Green to secure a lower annual base contract price of $449,500. ** Brightview Landscapes, LLC initially proposed a level of service encompassing eight full-time field staff at a cost of $520,032. However, to create an even comparison among all proposers, staff authorized Brightview to prorate their proposal based on the cost of a seven person crew at $455,028. In reviewing proposals, the evaluation team awarded the highest score to Stay Green, Inc. (Stay Green). to meet the landscape maintenance needs within the Valencia Summit area. proposal dedicates 48 monthly hours of management staff time to overseeing zone operations, and provides a strong overall team composition and maintenance rotation schedule that positions them for success in managing landscape services in the Valencia Summit area. Based on operational experience with this landscape zone, staff recommends increasing the authorized value of this contract by $67,425 to address unscheduled repairs and as-needed work. It is important to note that hourly costs for unscheduled services are limited through the proposal specifications, and as-needed work does not represent any guarantee of compensation under the terms of the recommended contract. By authorizing as-needed contract expenditure authority using this method, the City Council is able to utilize LMD assessments generated by property owners in a cost-effective and responsible manner. All as-needed work authorized under these contracts will continue to require ape Maintenance Administrator. In addition to serving as the incumbent landscape contractor for Valencia Summit, staff has completed a due- work meets the City's standards and performance expectations. Based on the above, staff recommends awarding the contract to Staygreen, Inc. Finally, in evaluating Venco Western, Inc(Venco) reflects findings that the proposed rotation schedule was insufficient to adequately meet performance expectations and that the proposal did not adequately demonstrate a full understanding of the specific needs of the Valencia Summit LMD area. Page 3 Packet Pg. 22 4 proposal provided 133 or 11 percent fewer monthly combined staff hours than the proposal submitted by Stay Green. ALTERNATIVE ACTION 1. Do not award contract to Stay Green, Inc. 2. Other action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund associated with this action. The current budget appropriation from LMD Fund 357 sufficiently covers the costs associated with the award of this contract. ATTACHMENTS Stay Green LMD-19-20-01 Bid Response (available in the City Clerk's Reading File) Request For Proposal LMD-19-20-01 (available in the City Clerk's Reading File) Page 4 Packet Pg. 23 Bid#LMD-19-20-01 1 Bid#LMD-19-20-01 2 Bid#LMD-19-20-01 1 Bid#LMD-19-20-01 2 Licenses and Certifications Stay Green Maintenance Rotation Winter Season Dec - March Cutting back of plant material for winter. Tree pruning (Pines) Pre-emergent application to planter beds to help prevent spring weeds Inspect and clean drainage systems Winterizing of irrigation system Spring Season March May Natural pruning of plant material to manage summer growth Mulching planter beds Weed control Inspection and repair of irrigation system for Summer Fertilization of planter beds Summer Season June August Increased irrigation maintenance to keep up with summer heat Weed control Pruning of plants post Spring blooming (dead-heading) Leaf and debris clean-up Fall Season Sept Dec Leaf and debris clean-up Cleaning of planter beds for winter Decreasing of irrigation for cooler temps Fertilizing of planter beds PROPOSAL # LMD-19-20-011 PROPOSAL # LMD-19-20-012 PROPOSAL # LMD-19-20-013 PROPOSAL # LMD-19-20-014 PROPOSAL # LMD-19-20-015 PROPOSAL # LMD-19-20-016 PROPOSAL # LMD-19-20-017 PROPOSAL # LMD-19-20-018 . PROPOSAL # LMD-19-20-019 PROPOSAL # LMD-19-20-0110 PROPOSAL # LMD-19-20-0111 PROPOSAL # LMD-19-20-0112 PROPOSAL # LMD-19-20-0113 PROPOSAL # LMD-19-20-0114 PROPOSAL # LMD-19-20-0115 PROPOSAL # LMD-19-20-0116 PROPOSAL # LMD-19-20-0117 PROPOSAL # LMD-19-20-0118 PROPOSAL # LMD-19-20-0119 PROPOSAL # LMD-19-20-0120 PROPOSAL # LMD-19-20-0121 PROPOSAL # LMD-19-20-0122 PROPOSAL # LMD-19-20-0123 PROPOSAL # LMD-19-20-0124 PROPOSAL # LMD-19-20-0125 PROPOSAL # LMD-19-20-0126 PROPOSAL # LMD-19-20-0127 PROPOSAL # LMD-19-20-0128 PROPOSAL # LMD-19-20-0129 PROPOSAL # LMD-19-20-0130 PROPOSAL # LMD-19-20-0131 PROPOSAL # LMD-19-20-0132 PROPOSAL # LMD-19-20-0133 PROPOSAL # LMD-19-20-0134 PROPOSAL # LMD-19-20-0135 PROPOSAL # LMD-19-20-0136 PROPOSAL # LMD-19-20-0137 PROPOSAL # LMD-19-20-0138 PROPOSAL # LMD-19-20-0139 PROPOSAL # LMD-19-20-0140 PROPOSAL # LMD-19-20-0141 PROPOSAL # LMD-19-20-0142 MAINTENANCE AGREEMENT 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 an amount as set forth in the attached Exhibit “ ,” 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 , to . 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 “ .” 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. C.CONTRACTOR guarantees each portion of the services as installed against defective PROPOSAL # LMD-19-20-0143 materials and workmanship for a period of one (1) year from date of CITY’s written acceptance of the work. Promptly upon CITY’s request within that one (1) year period, CONTRACTOR agrees to correct by repair or replacement without charge to CITY any defects which may appear in the work or any portion thereof. Notwithstanding the foregoing, all guarantees and warranties obtained by CONTRACTOR from manufacturers and vendors of equipment used in the performance of the services shall be extended to CITY’s benefit for the full limit of their terms. 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, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTORagrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws and to indemnify, defend, and hold harmless CITY as against any claim, demand, or imposition of penalties, interest, or damages of any kind arising out of Labor Code § 1726, § 1771.6, or any other provision of the California Prevailing Wage Law. 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 forState 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, then it is also subject to 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 and 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 statutes 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 statutes and regulations and adhering to the latest editions of such. This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). C.Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), PROPOSAL # LMD-19-20-0144 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 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 InsuranceLimits (combined single) Commercial general liability:$1,000,000 Business automobile liability$1,000,000 Workers compensationStatutory 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. PROPOSAL # LMD-19-20-0145 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:VII.” 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 exculpatory wording statingthat 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 any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. F.Should Contractor’s insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City 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 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 PROPOSAL # LMD-19-20-0146 own terms services similar to those terminated. D.By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arisefrom CITY’s termination under this Section. 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 rightto 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 ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: 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 other term, PROPOSAL # LMD-19-20-0147 covenant, or condition contained in this Agreement, whether of the same or different character, nor will it be deemed to constitute a continuing waiver. 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 deemedmodified 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.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue forany action involving this agreement will be in Los Angeles County. 18.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. 19.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be enteredinto 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. 20.EFFECT OFCONFLICT. In 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. 21.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. 22.ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additionalterms 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. 23.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. PROPOSAL # LMD-19-20-0148 24.ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) PROPOSAL # LMD-19-20-0149 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONTRACTOR: IF CORPORATION: By:By: Print Name & TitlePrint Name & Title Date:Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITYMANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: (C) PROPOSAL # LMD-19-20-0150 Bid #LMD-19-20-01 1 Bid #LMD-19-20-01 2 ••• •••• •••• •• ••• ••••• ••• ••••• •• •• •• ••• o o o