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HomeMy WebLinkAbout1997-05-27 - AGENDA REPORTS - STATUS RPT LANDSCAPE (2)AGENDA REPORT City Manager Approve Item to be presented Lawrence P. Cushman CONSENT CALENDAR DATE: May 27, 1997 SUBJECT: STATUS REPORTS FOR THE LANDSCAPE MAINTENANCE DISTRICTS ZONE NOS. 23,23A, 23B, AND 46 DEPARTMENT: Building & Engineering Services Upon completion of the Northbridge and Seco Canyon annexations, the Landscape Districts within those areas automatically were excluded from the County District and were transferred to the jurisdiction of the. City. Account Numbers 43575 through 43578-8001 have been established for each zone and the amount budgeted in each account is $25,000. The City is preparing to take over responsibility for the maintenance. The City desires to have District status reports prepared to evaluate the District facilities and determine the improvements and maintenance work proposed to be done in the next fiscal year. The status reports will also include an installment evaluation to determine the level of funds which must remain in the District's fund balance to cover the costs of significant future expenditures. This information will be used for the Engineer's Reports and for evaluating and establishing the assessment rates. The City did a Request for Proposal process in November for all zones within the City. The City received eight responses to that request. The companies responding were: 1) Barrera and Company, Solana Beach; 2) Total Landscape Architecture, Santa Clarita; 3) Berryman & Henigar, Santa Ana; 4) Pacific Coast Land Design, Ventura; 5).Willdan & Associates, Lancaster; 6) Greenplace Landscape Management, Santa Clarita; 7) Lawrence Moss & Associates, Glendale; and 8) Melendrez Associates, Los Angeles. The lowest bidder was Greenplace Landscape Management. The Scope of Work for Zone Nos. 23, 23A, 23B, and 46 is attached. 9 Ulu I DPe I• City Council direct the City Manager to execute a contract in the amount of $37,680 with the firm of Greenplace Landscape Management to prepare District status reports per the attached Scope of Services. AppfloE f Agenda STATUS REPORTS FOR THE LANDSCAPE MAINTENANCE DISTRICT ZONE NOS. 23, 23A, 23B, AND 46 May 27, 1997 - Page 2 23 43575-8001 Contract Services $ 7,461 23A 43576-8001 Contract Services 7,462 23B 43577-8001 Contract Services 7,462 46 43578-8001 Contract Services 15,295 /:VYV.C�:Iu�I�1►YY.y Agreement for Consultant Services Scope of Services NED:Ik1 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANTA CLARITA AND GREENPLACE LANDSCAPE MANAGEMENT This Agreement for Consultant Services between the City of Santa Clarita and Company ("Agreement") is entered into. this day of 1997, by the City of Santa Clarita, ("City'), and, ("Consultant"). RECITALS WHEREAS, City has determined that it requires to have evaluations done on Landscape District facilities within the City of Santa Clarita; WHEREAS, City desires to engage the services of Consultant; and WHEREAS, CONSULTANT has represented to City that it is qualified and has experience in performing the required tasks. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. SCOPE OF SERVICES. Consultant shall perform services specified in Exhibit "A" "Scope of Services." SECTION 2, TERM OF AGREEMENT. The term of this Agreement shall be from the date of execution of this Agreement for a period of one year. SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out as represented within the proposal. Time is of the essence in this Agreement. SECTION 4. COMPENSATION AND METHOD OF PAYMENT, A. Subject to the limitations contained in SECTION 9, "Termination" and Exhibit "A" ("Scope of Services"), Consultant shall be paid the amounts identified in Exhibit A; SECTION b. INDEPENDENT CONTRACTOR. Consultant is an independent contractor and not an agent or employee of the City of Santa Clarita. As an independent contractor, Consultant shall obtain no rights to retirement, health care or any other benefits which accrue to City of Santa Clarita employees. Consultant expressly waives any claim Consultant may have to any such rights. The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant's obligations without the prior written consent of City. Any attempt by Consultant to assign or transfer any of Consultant's rights, duties or obligations arising under this Agreement shall be void. City acknowledges its understanding that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. lD General Liability and Property Damage Insurance. During the entire term of this Agreement, Consultant agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of City, or Consultant, its subcontractors or any person acting for City, or Consultant or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of City, or Consultant, or its subcontractors, or any person acting for City or Consultant, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such general liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then Consultant agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. Consultant agrees that provisions of this paragraph, as to maintenance of insurance, shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to persons or property resulting from Consultant's activities, the activities of its subcontractors, or the activities of any person or persons for which Consultant is otherwise responsible. Worker's Compensation Insurance. Consultant shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Consultant and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Consultant in the course of carrying out the within Agreement Automotive Insurance. Consultant shall procure and maintain, at its sole expense, throughout the term of this Agreement any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less $500,000 combined single limit. All such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If Consultant does not own automobiles, Consultant shall provide a waiver releasing City from all liability resulting from Consultant's use of personal vehicles on project. Professional Liability Insurance. Consultant shall maintain professional liability insurance which provides coverage for negligent professional acts, errors, or omissions for which Consultant is legally liable, in the amount of $1,000,000 per claim and in aggregate which arises from the performance of professional services by Consultant under this Agreement. The policy shall provide for coverage of claims occurring during the term of the policy. Miscellaneous Insurance Requirement. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to City prior to execution of this Agreement on behalf of the City. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said insurance is canceled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established. If Consultant, at any time during the term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in Consultant's name and shall be compensated by Consultant for the cost of the insurance premiums upon receipt of Consultant of written notice that the premiums have been paid. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are as additional insured thereon. Santa Clarita's Risk Manager is hereby authorized to reduce the requirements set forth above in the event he or she determines that such reduction is in Santa Clarita's best interest. SECTION S. MEMNITY. Consultant agrees to indemnify, defend and hold harmless City and all of its officers, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to Contractor's employees and all claims which arise from or are connected.with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claimed to be caused by the acts or omissions of Contractor, its agents or employees, and all expenses of investigation and defending against same; provided; however, that this indemnification and hold harmless shall not include any claim arising from the active negligence or willful misconduct of the City, its agent or employees. ECTION 9. TER A. City may terminate this Agreement at any time by giving ten days' written notice of termination to Consultant. If City gives such notice of termination, Consultant shall cease immediately all work in progress. B. If Consultant or City fails to perform any material obligation under this Agreement, then, in addition to all other remedies, City or Consultant may terminate this Agreement immediately upon written notice. C. Upon termination by either City or Consultant, Consultant shall deliver to City all property of the City in Consultant's possession and copies of all reports, documents, and other work prepared by Consultant under this Agreement. Consultant shall furnish to City a final statement of the work performed for compensation. The statement shall indicate the task to which the work performed is to be charged, according to the categories shown in Exhibit "A" of this Agreement. Such statement shall also include a detailed record of actual reimbursable expenses, such as, but not limited to, copying costs, long distance telephone charges and computerized research. City will prepare a warrant payable to Consultant in the amount approved by City. City will then make final payment to Consultant for services performed and reimbursable expenses incurred, subject to the limitation on reimbursement set forth in this Agreement. D. Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City. SECTION 10. LAW TO GOVERN; VENUE. The law of the State of California shall govern this agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California, in Los Angeles. SECTION 11. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government. SECTION 12. NONDISCREW NATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religious creed, national origin, ancestry, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. 0 SECTION 13. OWNERSHIP OF MATERIALS. All reports, documents, floppy discs, diskettes or other materials developed or discovered by Consultant during the course of this Agreement shall be solely the property of City. SECTION 14. WAIVER. Waiver by City or Consultant of any breach of any of the provisions of this Agreement shall not constitute a wavier of any other provision nor a waiver of any subsequent breach or violation of the same or any other provision of this Agreement. Acceptance by City of any work or services by Consultant shall not be a waiver of any of the provisions of this Agreement. �i�C�4 �I����L��`�l�l! CSI! Il(I�Ol1►Y 4 i _ . Consultant shall at all times avoid conflict of interest or appearance of conflict of interest with the interests of the City in the performance of this Agreement. Consultant's right to engage in other employment is subject to the provisions of this Agreement. •♦ 1 1' 1e •••• 1 The "Scope of Services" is attached to and incorporated in this Agreement by this reference. Additional language describing specific duties and responsibilities are outlined in the exhibits and are inclusive to contract. SECTION 17, NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 and to: City Attorney City of Santa Clarita 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Tel: (213) 236-0600 Fax: (213) 236-2700 to Consultant: Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit in the mail. SECTION 18, DISPUTE RESOLUTION; PERFORMANCE AFTER DISPUTE. A. All disputes concerning the interpretation, performance, breach or termination of this Agreement shall be decided by binding arbitration before a retired federal or California judge, according to the provisions of Section 1280 et seq. of the California Code of Civil Procedure, through the Los Angeles County offices of the Judicial Arbitration and Mediation Service ("JAMS"). The parties shall attempt to agree upon a retired judge from the JAMS panel, but if they are unable to agree within thirty (30) days after commencement of a proceeding, JAMS will provide a list of three available judges and each party may strike one. If for any reasons JAMS is unavailable, the dispute shall be decided by a retired federal or California judge, sitting as an arbitrator, and selected by the parties. If the parties are unable to agree upon a retired judge within 30 days after receipt of written notice, a retired judge shall be appointed by the Presiding Judge of the Los Angeles County Superior Court. The arbitrator shall render a written decision stating reasons therefor in reasonable detail within sixty (60) days after his appointment. The arbitrator's award shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction. The prevailing party shall be entitled to recover its costs of arbitration, as well as costs and attorneys' fees, and expert witness fees, as determined by the arbitrator, as well as costs and attorneys' fees in any proceedings to enforce an award. The parties reserve their rights to obtain provisional remedies from the courts, and no application for any such remedy shall be deemed inconsistent with the obligation to arbitrate disputes. B. Except for nonpayment of any portion of a statement presented to City by Consultant, if any dispute arises between the parties to this Agreement, Consultant shall continue to perform pending resolution of the dispute. SECTION 19, PRIOR AGREEMENTS AND AMENDMENTS, This Agreement, including the Exhibits, embodies the entire understanding of the parties with respect to the matters addressed in this Agreement and the Exhibits and supersedes all other agreements entered into between the parties prior to the execution of this Agreement. No amendment of this Agreement shall be valid unless in writing duty executed by the parties or their authorized representatives. WITNESS THE EXECUTION of this Agreement on the day and year first written above. Attest: THE CITY OF SANTA CLARITA City Clerk Date Approved as to form: BURSE, WHIJAMS & SORENSEN EN Carl K Newton, City Attorney Date: NED:lkl d6uin\jpgeamn 7 George A. Caravalho, City Manager Date: SCOPE OF SERVICES - The City will provide copies of District plans and reports to the consultant. The consultant shall evaluate the current condition of all facilities and plant material mentioned in the reports. The consultant shall provide recommendations for upgrading, repairing, and fixing all work which is identified to be done and shall quantify the cost to fix and upgrade, etc. The consultant shall prioritize the needs relative to the timing of installation of the improvements. Each District shall be evaluated and reported separately. INSPECTION RECOMMENDATIONS - The consultant shall provide a recommended plan for inspection of the Districts as a whole. The plan shall map out all landscaped areas and indicate a plan for inspecting each area. It will indicate the frequency of inspections and what is to be inspected. The County landscape contract requires regular inspections and reports. The consultant shall provide recommendation on language which needs to be added to the contract to clarify the inspection and report process and to allow more enforcement of the provisions of the contract. RECOMMENDATIONS FOR ITEMS COVERED UNDER THE CONTRACT - The consultant shall provide a list of recommended upgrades to the existing landscape areas which are covered and can be funded under the existing County landscape maintenance contract. The list shall include a specific inventory of all plant materials that were originally installed to identify missing plant material which should be replaced. Any other observations and recommendations should be included. RECOMMENDATIONS FOR ALL OTHER ITEMS - The consultant shall evaluate the existing irrigation systems and provide recommendations and estimated costs for system repairs and upgrades. The consultant shall also provide a comprehensive list of all maintenance and repairs which need to be done to all other facilities and appurtenances listed in the District reports, but which are not included in the regular County landscape maintenance contract. RESERVE/INSTALT.MF•NT STUDY - The consultant shall also prepare a reserve study which identifies the items which are to be paid for out of the reserves and how much money should be allocated to reserves each year. The study shall identify the item, estimated life cycle or cycle for required repairs and costs. The study shall indicate the status of the reserves after the improvements are funded. The consultant shall perform work as stated in the proposal. The cost for the work is as follows: LMD Description Status Reserve Total Report Study Fee 23,23A, 23B Mountain View $7,800 $600 $ 8,300 46 Northbridge $9,800 $800- $10,600 As Required Inspections $13,000 20% Contingency $ 5,780 TOTAL $37,680 NED:lkl