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2013-10-08 - AGENDA REPORTS - LMD INSPECTION CONTR EXTENSION (2)
CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: October 8, 2013 r / , Kevin Tonoian APPROVAL OF LANDSCAPE MAINTENANCE DISTRICT INSPECTION CONTRACT EXTENSIONS Administrative Services RECOMMENDED ACTION City Council: Approve the extension of Agreement No. 08-00553 with Bryan Smith Consulting for landscape maintenance inspection services for a period of one year through December 31, 2014, in the amount of $236,160, plus a contingency of $23,616, for a total amount not to exceed $259,776. 2. Approve the extension of Agreement No. 08-00555 with Coastal Land Care, LLC, for landscape maintenance inspection services for a period of one year through December 31, 2014, in the amount of $181,076, for regular inspections, plus a contingency of $26,000, inclusive of as -needed inspection and after -hour emergency services, for a total amount not to exceed $207,076. 3. Approve the amendment of Agreement No. 13-00244 with LandscapeConsultants.com for landscape maintenance inspection services for a period of one year through December 31, 2014, in an amount not to exceed $80,000. 4. Approve and authorize the City Manager or designee to execute all documents subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. P '1 11 21 S ED Al FF P T, BACKGROUND Landscape Maintenance District (LMD) inspection services, which are fully supported by the LMD fund, are outsourced to three locally based companies and managed by the Special Districts Office. Inspectors are tasked with the responsibility for overseeing the re -occurring maintenance of the City's 60 financially independent LMD areas. Landscape inspection services represents 3.8% of the total LMD Fiscal Year 2013-14 operating budget of $14,423,475. On December 31, 2013, the agreements with Bryan Smith Consulting (Agreement No. 08-00553), Coastal Land Care, LLC (Agreement No. 08-0055), and LandscapeConsultants.com (Agreement No. 13-00244) are scheduled to expire. The purpose of this item is to recommend the extension of the landscape inspection agreements for a term of one additional year, through December 2014. The primary role of the City's LMD Inspectors is to ensure landscape maintenance services are delivered in a manner which regularly exceeds the service expectations of our community. Furthermore, inspectors are also responsible for identifying deficiencies, overseeing general repair work, and interacting with homeowners to follow-up on landscape -related inquiries or requests for service enhancements. Since 2008, Santa Clarita's LMD operation has experienced significant growth due to the creation of new zones and the transfer of zones from Los Angeles County to the City as a result of the 2012 annexations. Dating back to 2008, the number of LMDs has increased from 34 to 60, with 27% of the growth in the last year. In consideration of this operational expansion, staff believes it is prudent to conduct a holistic evaluation of how LMD Inspection services are delivered before making a final decision to put the services back out to competitive bid. The agreements for inspection services with Bryan Smith Consulting and Coastal Land Care, LLC, were originally awarded by the City Council in December 2008. The recommended expenditure authority for the two agreements is consistent with thresholds previously authorized by the City Council. Special Districts initially contracted with LandscapeConsultants.com to supplement the City's landscape inspection needs and prevent service gaps from occurring. As the City's LMD operation continues to expand, it has become necessary to engage LandscapeConsultants.com for services in an amount which requires the Council's expenditure authorization. Staff is therefore requesting the City Council approve an amended agreement which authorizes expenditures in an amount not to exceed $80,000. ALTERNATIVE ACTIONS Other action as determined by the City Council. —a– FISCAL IMPACT There is no impact to the General Fund. Sufficient operational funds to support LMD inspection services through June 30, 2014, were previously appropriated by the City Council as part of the Fiscal Year 2013-14 Annual Budget process. Funding to support LMD inspection services beginning on July 1, 2014, is contingent upon City Council's approval of the Fiscal Year 2014-15 Budget. ATTACHMENTS Coastal Landscape Agreement available in City Clerk's Reading File Smith Landscape Agreement available in City Clerk's Reading File LandscapeConsultant.com available in City Clerk's Reading File -3- PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND COASTAL LAND CARE, LLC. Contract # 08-00555 This AGREEMENT is entered into this between the CITY OF SANTA CLARITA, a ("CITY") and COASTAL LAND CARE, ("CONSULTANT"). 1. CONSIDERATION. 15 day of 20 09, by and municipal co ration d general law city LLC, a imited Liability Company. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT an annual sum of One hundred sixty-four thousand three hundred dollars ($164,300) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this annual sum as specified in the attached Exhibit `B," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional 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 CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be home by CONSULTANT. Tnoa 1, . 4" 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a monthly invoice to CITY which lists amount by group and by zone (all as set forth in Exhibit "B'). 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; 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, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from January 1, 2009 to December 31, 2010. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit `B'; B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: 712006 -2- CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. 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, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time by giving ten (10) days' written notice to consultant with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease Performance under this Agreement unless otherwise provided in the termination 7/2006 -3- notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk, 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT 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 CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT 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. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an 72006 -4- 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a`claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or 7/2006 -5- omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement 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." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT'S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative. should CONSULTANT fail to meet any of the insurance requirements under this agreement City may cancel the Agreement immediately with no penalty. 0. Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the POOL CONSULTANT must notify Cit within 24 hours of receipt of notice of cancellation. Furthermore CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Coastal Land Care 26002 Charing Cross Rd. Santa Clarita, CA 91355 Attention: Doug & Penny Hansen If to CITY: City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 Attention: Emilio Blanco Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicatd{ }_Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. 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. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 7/2006 -7- 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are 3 (three) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. 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. 34. AUTHORITY/MODIFICATION. 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 amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. 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. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39, STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. 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 7/2006 -8- 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 CONSULTANT 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. [Signatures on next page] 7/2006 -9- IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CON ULT NT: By: 7i �uGLA gkrnIrl, \J. ma. Print Name & Title Date: IL -Ii -66 FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: � �13 ®? ATTEST: By: City Clerk Date: l b s(rJ� APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: ��1R Ci yA//ttorney Date: I d 31by V2006 -10- V3-CCrgS- C. STATEMENT OF WORK AND FORMAT The City of Santa Clarita (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the following word groups are used interchangeably: 1. "Contractor" and "Proposer." 2. "Consultant," Inspector' and 'Monitor." 3. "Zone" and "Area." 2. 3. Purr ose: The City of Santa Clarita is seeking proposals from companies experienced in monitoring landscape maintenance contracts. The City does not provide direct landscape maintenance services but contracts these services to private companies. Currently there are five separate landscape companies providing landscaping maintenance services to 37 areas in three Landscape Maintenance Districts, or LMDs (there are 34 zones; three areas are not zones but require monitoring). The landscaping maintenance contracts are performance based and awarded through the competitive bid process. The City is seeking bids from Proposer's to serve as an agent to the City monitoring landscape maintenance services as provided by contracted landscapers. The Citys goal is to identify and retain the best qualified vendor to provide a high and responsive level of professional landscaping monitoring service at the most responsible cost. Proposal Schedule: Following is a probable schedule of events: EVENT Solicitation Advertisement Pre-bid Conference Last Day for Questions Return of Proposals Evaluation of Proposals Interviews Recommendation to City Council Contract Award Project Start Date Introduction/Background: DATE August 3, 2008 September 3, 2008 September 11, 2008 September 25, 2008 October 1 —10, 2008 Week of October 13th and/or 2e. November 25, 2008 November 28, 2008 January 1, 2009 The City of Santa Clarita is located in northern Los Angeles County and Includes the communities of Canyon Country, Newhall, Saugus and Valencia. According to the latest census reports, the City of Santa Clarita's current population is approximately 178,000, making it the fourth largest City in Los Angeles County. The City is consistently ranked among the top five fastest growing cities in Southern California and among the country's safest cities. According to FBI statistics, the City of Santa Clarita Is ranked second safest in the country among cities with a population of more than 150,000. The City currently Is responsible for the day to day management of the City's award winning LMDs. Landscape maintenance services are provided through contracts with private landscaping companies. Within the LMDs are 37 independent boundary areas. Each area was created by property owners to provide a high level of landscape service within its' boundary, and as such, has an independent budget. Individual properties within a specific boundary area pays a proportionate assessment on their property tax bill for the special landscaping benefit conferred on their property. In total, the LMDs consist of approximately 700 plus acres of landscaping on private and public property, The combined FY 2008/09 budgets for the 37 areas totals nearly $13 million. Typically an area requires the maintenance and care of turf, trees, shrubs, color while also maintaining hardscape features, such as stamped concrete medians; concrete Paseos; post rail and wrought iron fencing; slump stone borders and walls, irrigation controllers and enclosures; pedestrian bridges and tunnels; decorative lighting; and exercise children's play equipment. Sid x rr-08-09-03 f , The City's Landscape Maintenance Districts include three HOA owned parks: Central Valley Park, Mountainview Park, and Summit Park. For Fiscal Year 2008/09, total Landscape Maintenance District (LMD) budget is $12,700,000 The largest zone, Northbridge has $1,700,000 annual budget and the smallest zone has a $4,700 annual budget. A FY 2008/09 LMDs Budget is provided in Appendix 1. The LMDs are responsible for variety of assets within the 37 areas. The statistics listed below are an approximant count of these assets. • 705 Acres of maintained areas • 336 Backflows preventers • 281 Backflow enclosures • 386 Irrigation controllers • 12 Water Pumps • 5,220 Irrigation Stations • 1074 Light Stands and Fixtures • 105,600 Linear Feet of Paseo Walkways • 30,000 Trees • 44 Monument Signs • 33 Bridges and Tunnels • Multiple Block Wells, Fences, Gazebos, Exercise/Play Equipment, Tennis and Basketball Courts 4. Obiective(s) / Work Products: Under the general direction of the City's Special Districts Administrator, the City seeks proposals and may select one or more vendors to monitor and inspect the day to day maintenance efforts of the City's contractual landscape maintenance providers throughout the City s LIVID zones to ensure they meet performance standards as well as City expectations. The City's goal is to identify and retain the best qualified vendor to provide a high and responsive level of professional monitoring service at the most responsible cost. It is important to note that in preparing this RFP document the City has re-evaluated its day to day operational need for contractual landscape inspection services in a manner that differs from how these types of contracts have been previously administered. Specifically the City's goal In this RFP process is to solicit responses from interested Proposers that provide Santa Clarita with inspection services that primarily focus upon the providing quality control for the day to day work of the contractual landscapers who maintain the various LIVID zones. In this respect the City is seeking to de-emphasize the need for monitors or inspector services that in the past have provided a moderate to significant level of project management support to the City Special Districts Division. Proposers are instructed to make note of this policy decision and prepare responses accordingly. The Landscape Maintenance Districts zones/areas are further subdivided into six services groups for monitoring purposes. These service groups are as listed below and the zones contained within these groups are identified in the in Appendix 2. Maps reflecting the service groups and LIVID zones may be downloaded at htto://www.sants-clarity comlcitvhall/admin/ourchasino/it-08-09-03/ Be advised the files may be very large. • West Side I Service Group • West Side II Service Group • North Side 1 Service Group • North Side II Service Group • East Side 1 Service Group • East Side II Service Group Bid # IT -08-09-03 For the purposes of this RFP process the City is seeking proposals from qualified vendors who are interested in monitoring landscaping contractor activities to operate in one or more of the above identified service groups. Qualified vendors are invited to submit proposals to manage one or more service groups on an annual basis. It is anticipated that the term of the monitoring contract to the successful Proposer shall be for a two-year period with three one-year renewable contracts options that can be exercised at the sole discretion of the City. The City will evaluate and rank proposers for each individual group. The City desires to retain a minimum of two contractors. As a result, a contractor will be recommended for award to no more than 3 groups. Should a proposer be ranked first for more than 3 groups, City staff will recommend that contractor for the three largest dollar value contract groups. Staff will recommend the highest or second highest ranked contractor for the remaining three groups as the case may be. 5. Work Statement: The following paragraphs provide some detail as to the City's expectations for the contractor. It Is by no means the total level of work and should be considered a minimum standard. Proposers are expected to bring their expertise to the contract, supplementing contract requirements to provide the best possible service and making recommendations for improvements as appropriate. The monitor shall meet at a minimum twice a month with the landscape maintenance contractor to review their overall performance in relation to their maintenance contract with the City, discuss areas of possible improvement and discuss possible modifications in the plant population for the LMD maintained areas. Modifications may include reviewing and changing existing plant material, resulting in longer plant life, efficient water usage, better adaptation to climatic conditions, and a more aesthetically pleasing planted area. • If the landscape maintenance contractor is deficient, the monitor shall prepare a detailed fist identifying the deficiency or deficiencies, and provide a map showing where deficiency or deficiencies exist. Inspector to assist in identifying contract and non contract items. The deficiency notice will identify the section of the landscape maintenance contract to which the landscape contractor is non compliant. • The monitor shall re -inspect areas to ensure that the deficiencies have been properly addressed. This is an ongoing process which is necessary to ensure that maintenance of the LMD maintained area meet landscape contract and City specifications and standards. The monitor will maintain written records on deficiency notices for non compliance of the landscaping contract and provide copies to the City upon request within 24 hours. These records in the future may be used in notices to cure or quit against the contractor. At a minimum the Vendor is required to provide a supervisory level monitor that the City can contact in order to respond to emergencies on a 24-hour a day/seven day per week basis. Vendor will maintain and provide the City with a 24-hour emergency"LMD Hot Line capable of contacting the lead or supervisory monitor identified to respond and address the situation until the emergency is resolved. Vendor is required to maintain emergency contact numbers for contractual landscapers in the event an emergency situation dictates their on-site presence. • The monitor provides and assumes all operational costs associated with providing tools, uniforms, safetyvests, and hard hats, once and field staff, vehicles, Sprint/Nextel Two -Way Radios, cell phones, fax machine, and computers with software compatible with City's Microsoft Office Suite and high speed Internet access. • Although independent contractors, the contractor and their staff will be performing work on behalf of the City in the field. The contractor's field staff shall present a neat appearance at all times and wear a uniform conspicuously marked with the name of the contractor's firm. Contractor's field staff will comport themselves in a professional manner in theirdealings with Bid # IT -08-09-09 the landscape contractor's staff and private citizens. The contractor will immediately report any incidents to the LMD staff. The monitor shall perform additional "as needed" inspections with a representative of the City. • Examples of special inspections could include, but are not limited to: • Inspection of the parks, Paseos, and tunnel lights for replacement. • Inspection of irrigation systems for proper operation, upgrade and repair. • Inspection of landscaped areas for removal or modification. • Inspection of areas where slope or drainage problems are occurring. • Inspection of areas where erosion needs to be addressed. • Inspection of areas in which extensive damage has occurred. • Inspection of areas where insect or animal infestation is present. • Inspection of brush areas during fire seasons (trails and slopes). • Reviewing and assessing vandalism. • Concrete deviations block, brick, fences and gates. • The monitor shall record and keep a list of all special inspections and instructions provided by the City in an electronic database. Electronic copies of these logs are to be transmitted to the landscape contractor for action and or resolution. • Good customer service is highly valued by the City, as such, responding promptly and professionally to resident inquires and questions are expected of the successful Proposer, On regular bases, residents contact the Cityconceming observations, questions, requestsfor service and suggestions, concerning the LMD maintained landscaping. Examples of the issues raised by residents Include: • Irrigation/Perceived Over -watering • Rodents/insects • Dead or Unhealthy Plants, Shrubs & Trees • Soil Erosion • Pruning of Shrubs and Tress • Brush Clearance • Vandalism/Graffiti. • Fallen Trees • Turf Conditions • Concrete Deviations, Broken Walls & Brick • Deteriorating fences • Broken or Damaged Play/ Sport Equipment & Water Fountains • Miscellaneous Related and Unrelated LMD Questions and Inquiries As directed, the monitor shall manage, document and provide status reports on communication that takes place with residents concerning LMD-related service requests, inquires and questions. Monitor will be required to utilize the City web -based Citizen Response Management (CRM) System. Such application will be made available at the expense of the City. An overview of this system will be provided at the Bidders Conference and training will be provided by City staff to the selected Proposer(s) prior to the start of the contract. • Upon receiving direction from City staff via the CRM system, the monitor shall respond to the citizen/requestor within the expected time period provided by the City. While the City's expectation is that a large majority of requests should be responded to within a 24 hour period (does not include weekends or official holidays), there will be some instances where the expected time period for response may be several days or longer. The monitor will be able to use the City's CRM system to provide residents with information regarding the status Bid # rr-08-09-03 of the request, the anticipated completion date, exchange information with City staff, review any follow-up information provided by the resident and ultimately provide a final response to close out the service request or inquiry. It will be the responsibility of the monitor to manage and document communication with the resident, City staff or HOA representatives using the City's CRM system. The City will configure the CRM system in a fashion that will provide automated daily, weekly and/or monthly reports regarding the status of all open (and closed) service requests or inquires that will be delivered via email on a scheduled basis or can be accessed by (he vendor through the CRM system on a real-time basis. The City will have access to the same reporting information and utilize such information to establish performance benchmarks and/or datato evaluate the overall performance of the contract inspector. On a regular basis, landscaping maintenance work which is not in the normal scope of the landscaping maintenance contract is required The monitor, after verifying that the proposed work is not in the scope of the landscape contract, shall request a separate work proposal from a landscaper/construction contractor. The work proposal shall be recommended by the monitor to the City for approval. If approved by City, the monitor shall direct the landscaper to proceed and inspect completed work in accordance to City specifications. Once the work is accepted by the monitor, the contractor's invoice shall be provided to the City for approval and payment. 6. Time Schedule: The City of Santa Clarity anticipates that the new Inspection Contractor(s) will be under contract and providing services to monitor work performed by contracted landscapers beginning at 12:01 AM January 1, 2009 (It is expected the Contractor will be available to respond to call for emergency landscape service on New Years' Day). 7. Response Submittal Requirements. Section A - CONTENTS OF PROPOSAL Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation. FORMAT Each proposal must be submitted in two parts: Part I must relate to the Technical Proposal Part If must relate to the Cost Proposal PART I- TECHNICAL PROPOSAL Cover Letter- Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Table of Contents - Clearly Identify material contained in your proposal by Part and Sub -part with corresponding page numbers. Sub -part 1 - Introduction - Contents to be determined by contractor. Sub -part 2 - Work Analysis - Describe your company's understanding of monitoring a landscape maintenance contract that meets the District's needs. At a minimum include the technical and Bid # n-08-09-03 S professional challenges associated with measuring and communicating the landscaper's performance. Sub -part 3 -Work Program - Describe your company s overall philosophy and approach to monitoring landscape contracts and managing your monitoring activities to ensure the work performed by the City's contractual landscapers, including the objective and scope of work to be performed by the contractor. Provide information on the processes you will use to overcome any challenges and achleve °best in class results." Include examples of how you have implemented these approaches and processes. Sub -part 4 - Assigned Personnel - Proposer must identify the principals having primary responsibility for overseeing and managing all inspection monitoring provided to the City. Please Include information that discusses professional background and provide a summary of similarwork previously performed. In addition Proposer responding to this RFP must meet or exceed the minimum qualification as outlined below: • Minimum of five (5) years of professional and licensed landscape maintenance experience • Minimum of five (5) years landscape installation experience • Minimum of five (5) years of irrigation management/maintenance experience • The monitor may be required to confer and coordinate with other affected agencies and utility companies to identify design controls and considerations. • Monitor should be familiar with the Calsense and Rain Master Controller programming and demonstrate a proficiency in water budget management. • The monitor shall possess, but not necessarily be limited to, thefollowing general knowledge of: • A.P.W.A. Green Book of public works construction standards. • Landscape Inspection for new irrigation installation and drains. • Electrical Codes for irrigation wiring 24 -volt and basic 120- volt paseo lighting • Plumbing codes for water lines, meters, drinking fountains and irrigation lines • Los Angeles County Fire Codes for brush clearance • Pest control and chemical application requirements. • City of Santa Clarita horticultural standards • Watchbook Manual on traffic control standards for work in the public right of way. • US Irrigation Association's Irrigation BMPs Sub -part 5- Schedule - List the proposed schedule of activities associated with inspection services to be provided, including labor hours and calendar time requirements. The City will not require the contractor 1 monitor to work weekends or holidays unless authorized in advance by the City. Therefore no charge will be made to the City unless work is performed on such dates as authorized by City staff. Sub -part 6 - City Resources - Describe all City services and staff resources needed to supplement contractor activities to achieve identified objective(s). Sub -part 7 - Subcontractors - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to providing inspections services. Provide a list of their assigned staff, their qualifications, relationship to contractor, schedule, costs, and hourly rates. Sub -part 8 - Contractor Capability and References - Provide a summary of the firm's resources, staff, equipment and relevant background experience. Discuss the applicability of such experience to this RFP. List a minimum of five contracts for other similar agencies that are of a similar size and nature. Provide a contact person and information for each of those clients. In addition the Contractor responding to this RFP must meet or exceed the minimum qualification as outlined below: aid # li-08-00-03 Certified Landscape Irrigation Auditor (conferred by the Irrigation Association) maintained on staff by prospective Proposer, or demonstrate ability to retain such expertise or demonstrate ability to obtain such credentials within one year of contract award. Ability to provide the City with references that reflect a minimum of two (2) governmental and two (2) Homeowners' Association (HOA) references. Ten (10) years of business experience can be substituted for municipal experience at the discretion of the Director of Administrative Services. Possession of valid C-27 Landscape Contractors License before the contract is awarded. Sub -part 9 - Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to addressjust the following: a. Work Program; b. Methodology; c. Assigned Personnel Sub -part 10 - Conflict of Interest- Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal. Sub -part 11 - Insurance — Provide an indication of the availability of insurance, including general liability and workers' compensation in the amount of not less than $1,000,000. Sub -part 12 - Additional Data - Provide other essential data that may assist in the evaluation of this proposal. PART II - COST PROPOSAL The Cost Proposal will be provided in a separate sealed envelope. Proposer's are instructed to utilize the attached Bid Sheets in order to provide the City with a breakdown of the costs associated with their response. Proposer's are directed to attach a cover sheet that identifies the Proposers name and complete address. This cost section is to emphasize use and meaning of cost information supplied in the proposal response. Zone and group lump sum cost figures are to be inclusive of every cost to provided all services and performance as outlined in this solicitation. No additional cost will be considered or paid except as specified in the proposal. The hourly breakdown costs are to be inclusive of all costs for that skill group to provide whatever service may be required of that skill group. No additional costs will be considered or paid. 1) Supplies and Equipment—The cost for any required supplies or equipment will be included in the lump sum cost for the applicable zone and group. For the hourly breakdown for skill groups, the hourly rate will include any supplies and equipment required by that skill group in fulfilling responsibilities under the contract. 2) Travel Costs — It is expected that all travel costs inclusive, but not limited to, vehicles, fuel, maintenance are included in the lump sum costs and hourly rates for labor. Proposals submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are Included. No additional funds will be paid above and beyond the original quote given by the selected Proposer. 3) Miscellaneous Costs, if any- It is expected that general, overhead, and administrative costs are included in the lump sum costs and hourly rates for labor. Again, proposals submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Proposer. 4) Annual CPI Adjustments — Following the initial contract term, cost increases maybe negotiated during contract renewal discussions up to a maximum equal to the increase in CPI since the Bid # 1TA6-09.03 7 beginning of the contract or last cost increase, whichever is later. Such negotiations shall begin no later than 90 days prior to the expiration of the contract. Section B - PROPOSAL SUBMISSION All proposals must be submitted according to specifications set forth in Section 7 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal. Signature. An authorized representative of the Proposer should sign all proposals. II. Due Date. The proposer shall submit ( 8) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left-hand comer with the name and address of the Proposer and the words "Request for Proposal # IT -08-09-03." All proposals must be received before 11:00 a.m September 25, 2008, and should be directed to: Purchasing City of Santa Clarita 23920 Valencia Blvd. Ste. 245 Santa Clarita, CA 91355-2196 Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date. III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of August 3, 2008 to September 25, 2008. Proposers are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. IV. Reiection. A proposal may be deemed non-responsive and may be immediately rejected if. - It is received at any time after the exact date and time set for receipt of proposals and/or; - It is not prepared in the format prescribed and/or; - It is signed by an individual not authorized to represent the firm. V. Disposition of Proposals. The City reserves the right to reject any or all proposals. Alt responses become the property of the City. One copy of the proposal shall be retained for City files. Additional copies and materials will be returned only if requested and at the Proposer's expense. VI. Proposal Changes. Once submitted,proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of ninety (90) days after the last day to accept proposals. VII. Proposal Evaluation and Contractor Selection. An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible Proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking nor award to the Proposer with the lowest Price Proposal if doing so would not be in the overall best interest of the City. Bid # rr-08-08-03 The overall criteria listed below are listed in relative order of importance. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. a) Cost b) Understanding and approach to work effort C) Interview d) Firm and staff experience/qualifications/capability e) References Quality of the proposal response Interviews will be held In the format of formal presentations before one or more evaluation panels comprised of City staff, landscape professionals and community stakeholders. Bid # IT -09-09-03 0. Sample Contract * * DO NOT SIGN * *PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract # This AGREEMENT is entered into this _ day of 20�, by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("C1TY) and [name], [a type of organization] ("CONTRACTOR'). 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR a sum not to exceed dollars ($ ) for CONTRACTOR's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit " " which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " " which is incorporated by reference. B. CONTRACTOR will, in a professional 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 famished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONTRACTOR will use the appropriate generally accepted professional standards ofpractice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONTRACTOR's services. CITY will notify CONTRACTOR of any deficiencies and CONTRACTOR will have fifteen (15) days after such notification to cure any shortcomings to CrfY's satisfaction. Costs associated with curing the deficiencies will be borne by CONTRACTOR. 4. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit " ') the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Laid # R-0"9-03 10 work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONTRACTOR for current services are within the current budget and within an available, unexhausted andunencumbered appropriation of the CITY. in the event the CITY has not appropriated sufficient funds for payment of CONTRACTOR services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONTRACTOR believes Additional Work is needed to complete the Scope of Work, CONTRACTOR will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost - 7. FAMILLALRITY WITH WORK. A. By executing this Agreement, CONTRACTOR agrees that it has: Carefully investigated and considered the scope of services to be performed; 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 agrees 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. 8. TERM. The term of this Agreement will be from to . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit " 11 B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. A. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONTRACTOR a written notice to proceed. 131d # R-08-08.03 I I B. Should CONTRACTOR begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk 10. TIME EXTENSIONS. Should CONTRACTOR be delayed by causes beyond CONTRACTOR's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONTRACTOR must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent ofthe delay and how such delay interferes with the Agreement's schedule. The Managerwill extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONTRACTOR under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONTRACTOR's performance. 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, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONTRACTOR will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONTRACTOR after receiving a termination notice will be performed at CONTRACTOR'S own cost; CITY will not be obligated to compensate CONTRACTOR for such work D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONTRACTOR will, at CITY's option, become CITY's property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I(C). Bid 9 IT -08-09-03 12 E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, traps, models, photographs and reports prepared by CONTRACTOR under this Agreement are CITY's property. CONTRACTOR may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONTRACTOR's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONTRACTOR to any other person or public CITY without CH'Y's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY batmless 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 ofservices 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. 19. ASSIGNABILITY. This Agreement is for CONTRACTOR's professional services. CONTRACTOR's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. 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. Anyprovision 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. 21. AUDIT OF RECORDS. CONTRACTOR will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONTRACTOR will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. 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 Bid p IT -08-09-03 13 insurance with coverage limits complying, at a minimum, with the limits set forth below: TWe of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 011185 or 88. The amount of insurance set forth above will he 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 endorsement mustbe reflected on ISO FormNo. CG 2010 1 185 or 88, or equivalent. Such insurance will be on an "occurrence," nota "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect D. Automobile coverage will be written on LSO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONTRACTOR will furnish to CITY duly authenticated Certificates oflnsurance evidencing maintenance of the insurance required under this Agreement 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" F. 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 pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONTRACTOR must obtain ='a prior written approval to use any consultants while performing any portion of this Agreement. Such approval roust approve of the proposed consultant and the terms of compensation. BM 0 IT -09-09-03 14 24. INCIDENTAL TASKS. CONTRACTOR will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description ofthe work remaining and a description ofthe work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONTRACTOR: If to CITY: Name City of Santa Clarita Address 23920 Valencia Blvd., Suite 300 City, State, Zip Santa Clarita, CA 91355 Attention: Attention: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 26. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the CityClerk's Office). It is incumbent upon the CONTRACTOR or CONSULTING FIRM to notify the CITY pursuamto section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONTRACTOR(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONTRACTOR, except as indicated in Subsection B. Initials of CONTRACTOR B. In accomplishing the scope of services of this Agreement, CONTRACTOR(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONTRACTOR'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONTRACTOR(S) shall be subject to the Disclosure Category "I" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR's bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability. Bid # IT -09-09-03 15 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR's or CITY's obligations under this Agreement. 29. 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. 30. COMPLIANCE WITH LAW. CONTRACTOR agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are _ ( Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If anyportion ofthis Agreement is declared by a court of competentjurisdiction 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. 34. AUTHORITY/MODIFICATION. 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 maybe modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. 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. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with ew» lr-0e-09.03 16 private consultants, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public MY. 40. 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. [Signatures on next page] Bid N rr-o&os-os 17 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: DO NOT SIGN Print Name & Title FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER m City Manager Date: ATTEST: By: City Clerk APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY m City Attorney BM # rF-* -03 18 City of Santa Clarita RFP #IT -08-09-03 Landscape Maintenance District Contract Inspection Services LMD Zone Groupings BID SHEET In the space provided below, please provide the total annual cost to provide landscape maintenance monitoring services for each service group upon which you are proposing a bid. The annual contract amount will be paid twice per month in 24 equal payments. Service Group West Side I Group 2008-1 Major Thoroughfare Medians T-1 Ad Valorem Zone 18 Town Center / Tourney Road Zone 16 Valencia Industrial Center Summary of Total Cost for this Group West Side II Group T-2 Old Orchard T-3 Valencia Hills T-4 Valencia Meadows T-5 Valencia Glen T-6 South Valley T-7 Central & North Valley Summary of Total Cost for this Group North Side 1 Group T-23 Mountain View T -23A Mountain View Condos T -23B Seco Villa Condos Zone 19 Bridgeport / Bouquet Summary of Total Cost for this Group Annual Cost Bid # IT -08-99-03 19 North Side If Group T-47 North Park T-46 Northbridge T-8 Valencia Summit Zone 7 Creekside Summary of Total Cost for this Group East Side I Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangri-La Summary of Total Cost for this Group $ East Side II Group T -42A Circle J. Ranch $ T42B Circle J. Ranch $ T -42C Circle J. Ranch Summary of Total Cost for this Group Bid 4 IT -08-09-03 20 In the space below, please identify the hourly rate for the personnel skill groups, including management, clerical, labor and any subcontractors you will use in the performance of this contract. The hourly rate should be inclusive of all costs (including any non -labor costs such as, but not limited to, supplies and equipment) necessary to fulfill the skill group's responsibilities under this contract. Skill Grow) Hourly Rate After Hour Rate Weekend Rate Holiday Bld # rr-08-09-03 21 NON -COLLUSION AFFIDAVIT LANDSCAPE MAINTENANCE DISTRICT CONTRACT INSPECTION SERVICES City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES being first duly sworn, deposes and says that he or she is the (sole owner, a partner, president, etc.) of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." JURAT State of California County of Subscribed and sworn to (or affirmed) before me on this day of 20_, by personally known to me or proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me. (SEAL) Signature Bid M IT -08-09-03 22 Appendix 2 IT -08-09-03 LMD Zone Groupings and Brief Descriptions West Side I Group 2008-1 Major Thoroughfare Medians T-1 Ad Valorem Zone 18 Town Center / Tourney Road Zone 16 Valencia Industrial Center This Group represents LMD maintenance responsibility for medians, parkways and side panels. The plant material consists of turf, shrubs, trees and flowers. Landscaping work performed in this area in or near the public right of way. The plant material consists of turf, shrubs, trees and flowers. West Side II Group T-2 Old Orchard T-3 Valencia Hills T-4 Valencia Meadows T-5 Valencia Glen T-6 South Valley T-7 Central & North Valley This Group includes landscaping work performed on and around the Valencia Paseo System. It is the oldest part of the LMD with mature trees and includes one park. The plant material consists of turf, shrubs, trees and flowers - North Side I Group T-23 Mountain View T -23A Mountain View Condos T-236 Seco Villa Condos Zone 19 Bridgeport/ Bouquet The Group has landscape responsibility for irrigated and not irrigated slope areas. The LMD is responsible for maintaining common areas for two condominium areas in this Group. Zone 19 is relatively small consisting of a planted buffer between homes and the Santa Clara River, street trees and a local median on Ave. Scott. There is one park within this Group. The plant material consists of turf, shrubs, trees and flowers. North Side II Group T-47 North Park T-46 Northbridge T-8 Valencia Summit Zone 7 Creekside Sid # IT -08-09-03 23 This Group has intensive landscaping sounding paseos, common areas, and parkways. In this Group is a park and a large open landscaped area at the corner of McBean and Decoro. This Group includes some of the largest local zones within the LMD. East Side I Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangri-La This Group is best characterized by local zones having the primary functions of maintaining irrigated and non irrigated slopes. The plant material consists of turf, shrubs, trees and flowers. East Side II Group T -42A Circle J. Ranch T -42B Circle J. Ranch T -42C Circle J. Ranch This Group is also characterized by having the primary functions of maintaining irrigated and non irrigated slopes. In addition, there are a large open turf areas and a landscaped utility road used by residents for recreation. The plant material consists of turf, shrubs, trees and flowers. Not all zones/areas are listed; some zones/areas will be monitored by City staff. Bid # IT -00-09-03 24 olb-rx)�ss a r. PROPOSAL FOR LANDSCAPE MAINTENANCE DISTRICT CONTRACT INSPECTION SERVICES FOR THE CITY OF SANTA CLARITA Request for Proposal # IT -08-09-03 PART H — COST PROPOSAL Submitted to: City of Santa Clarita Purchasing 23920 Valencia Blvd, Suite 245 Santa Clarita, CA 91355 September 24, 2008 Submitted by: COASTAL LAND CARE LLC 26002 Charing Cross Road Valencia, CA 91355 (661)255-6298 By: Penny Ha resident �- City of Santa Clarita RFP #IT -08-09-03 Landscape Maintenance District Contract Inspection Services LMD Zone Groupings BID SHEET In the space provided below, please provide the total annual cost to provide landscape maintenance monitoring services for each service group upon which you are proposing a bid - The annual contract amount will be paid twice per month in 24 equal payments. Service Group Annual Cost West Side I Group co 2008-1 Major Thoroughfare Medians $ T-1 Ad Valorem $ Zone 18 Town Center/ Tourney Road $ j OGO ae Zone 16 Valencia Industrial Center $ Summary of Total Cost for this Group $ 7 $ Gb06o West Side II Group T-2 Old Orchard$ Ox 7 T-3 Valencia Hills $ 1 1I4.Q °D T-4 Valencia Meadows $ Sd OQ T-5 Valencia Glen $ 4y�600 T-6 South Valley $ 17 T-7 Central & North Valley $ '��tU� Summary of Total Cost for this Group ao $— North Side 1 Group T-23 Mountain View $ T -23A Mountain View Condos $ T -23B Seco Villa Condos $ Zone 19 Bridgeport / Bouquet $ Summary of Total Cost for this Group $ 90 Bid #IT -os -o9 -o3 Submitted by 28 COASTAL LAND CARE LLC 26002 Charing Cross Road Valencia, CA 91355 North Side II Group T-47 North Park T-46 Northbridge T-8 Valencia Summit Zone 7 Creekside Summary of Total Cost for this Group East Side I Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangri-La Summary of Total Cost for this Group East Side II Group T -42A Circle J. Ranch T -42B Circle J. Ranch T -42C Circle J. Ranch Summary of Total Cost for this Group Submitted by Bid # IT -08-08-03 COASTAL LAND CARE LLC 26002 Charing Cross Road Valencia, CA 91355 $ K'a BlS ND 8TA $ �S.booao 29 In the space below, please identify the hourly rate for the personnel skill groups, including management, clerical, labor and any subcontractors you will use in the performance of this contract. The hourly rate should be inclusive of all costs (including any non -labor costs such as, but not limited to, supplies and equipment) necessary to fulfill the skill group's responsibilities under this contract. Skill Group Hourly Rate After Hour Rate Weekend Rate Holiday yJjt3N1T0[L 6 $ S_ '$ �Qe� ad OFF" � $ 0'' $ G�$ $ 6 s $ s s $ $ s s s $ s $ Submitted by Bid a ir-oo-ps-os COASTAL LAND CARE LLC 26002 Charing Cross Road 30 Valencia, CA 913SS ol FIRST AMENDMENT TO , VU AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND COASTAL LAND CARE, L.L.C. Contract No. 08-00555-A THIS FIRST AMENDMENT ("Amendment') is made and entered into this 1day of 200`? by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and COASTAL LAND CARE, L.L.C. ("CONSULTANT'). 1. Pursuant to Section 1. Consideration, C. of Agreement No. 08-00555 ("Agreement"), amendment to the Service Group portion of Exhibit 'B" to read as follows: 2. This Amendment maybe executed in any number or counterparts, each of which will bean original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08- 00555 and the remaining portions of Exhibit `B" remain the same. [SIGNATURES ON NEXT PAGE] moos Original As Amended Service Group Annual Cost Annual Cost West Side I Group 2008-1 Major Thoroughfare Medians $22,800 $25,680 Zone 16 Valencia Industrial Center $1,200 $5,520 West Side II Group T-6 South Valley $7,200 $0 Total Compensation $328,600 $328,600 2. This Amendment maybe executed in any number or counterparts, each of which will bean original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08- 00555 and the remaining portions of Exhibit `B" remain the same. [SIGNATURES ON NEXT PAGE] moos IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. Lacs I4WOS$rt l . q. MAES . Print Name & Title Date: 43-1 I0 FOR CTTY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: 3 ATTEST:'. . City -Clerk-: - Date:��� APPROVED AS TO FORM: CARL K. NEVaW, CITY ATTORN13Y By: City Attorney Date::v 712006 SECOND AMENDMENT TO AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND COASTAL LAND CARE, L.L.C.©G� Contract No. 08-00555-B IS SECOND AMENDMENT ("Amendment") is made and entered into this _a day of 10, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and COASTAL LAND CARE, L.L.C. ("CONTRACTOR"). Pursuant to Section 8 of Agreement No. 08-00555 ("Agreement"), TERM, amendment to section to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2011 to December 31, 2011. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit `B"; B. Termination as stated in Section B." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 remain the same. [SIGNATURES ON NEXT PAGE] FIXIII i IN WITNESS WHEREOF the parties hereto have executed this contract the day and year FIRST hereinabove written. CONTRA Y. f �� Print Name & Title % Date:_ Ieq `F / ?5 --v—) FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager / Date: ATTEST: City Clerk Date:_ t a'!J 17�%(� APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: r Lel City AtVmey Date: 12�y 7/2008 TBIRD AMENDMENT TO AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND 0q�,U COASTAL LAND CARE, LLC Contract No. 08-00555-C THM TMD MENT ("Amendment") is made and entered into this � day of t 20 , by and between the CITY OF SANTA CLARITA, a general law city and muul6pal corporation existing under the laws of California ("CITY'S, and COASTAL LAND CARE, LLC ("CONSULTANT"}. 1. Pursuant to Section 1. Consideration, C. of Agreement No. 08-00555 ("Agreement"), amendment to the Service Group portion of Exhibit "B" to read as follows: Service Group West Side I Group Zone 16 Valencia Industrial Center 08-00555-A Previous Annual Cost $5,520 08-00555-C As Amended Annual Cost $7,080 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all ofwhich together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 and the remaining portions of Exhibit `B" remain the same. [SIGNATURES ON NEXT PAGE] Revised 1/2011 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONT CT By: l ld i"Lk KA u ea, v- ErZAS. Print Name & Title Date: 3 -11 — I! FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: 4�-4e- CityManager Date: �/ �-I- / ATTEST: BY City Clerk Date: -- - . - , APPROVED AS TO FORM: JOSEPH M. MONTES, CITY �ATTORNEY city mey Date: Z/ //, / I / Revmdinou r.gc 2 of FOURTH AMENDMENT TO AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND COASTAL LAND CARE, L.L.C. Contract No. 08-00555-D q S FO TH NDMENT ("Amendment") is made and entered into thi day of ' by and between the CITY OF SANTA CLARITA, a general law city and mctpal corpora ion existing under the laws of California ("CITY', and COASTAL LAND CARE, L.L.C. ("CONSULTANT"). I. Pursuant to Section 8 of Agreement No. 08-00555 ("Agreement"), TERM, amendment to section] to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2012 to December 31, 2012. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "B"; B. Termination as stated in Section 15." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 remain the same. [SIGNATURES ON NEXT PAGE] IN�TNMS WHEREOF, the parties hereto have executed this contract the day and year first h€reinabove v3titien. FoU CONTRACTOR: Date: �1t: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: �P City Manager Date: I ATTEST: yy By: City /Clerk �d Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: —Ae4 City Att ey Date: IZA4 < 0�`��% FIFTH AMENDMENT TO AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND DOUGLAS AND PENELOPE HANSEN DBA COASTAL LAND CARE, L.L.C. Contract No. 08-00555-E THIS FIFTH�NDMENT ("Amendment') is made and entered into this day of 6Q 20 by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and DOUGLAS AND PENELOPE HANSEN DBA COASTAL LAND CARE, L.L.C. ("CONSULTANT"). L Pursuant to the name of the CONSULTANT entered into Agreement No. 08-00555 ("Agreement"), amendment to the CONSULTANT's name to read as follows: DOUGLAS AND PENELOPE HANSEN DBA COASTAL LAND CARE, L.L.C. 2. Pursuant to Section 1. Consideration, C. of Agreement No. 08-00555 ("Agreement'), amendment to the Service Group portion of Exhibit "B" to read as follows: Total Annual Cost including the Revised Sites to be Serviced is $181,076" 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 remain the same. [SIGNATURES ON NEXT PAGE] Revised 12011 Page 1 oft 08-00555 08-00555-E Previous As Amended Service Groun Annual Cost Annual Cost West Side I Group T -I Ad Valorem $27,600 $15,780 Zone 18 Town Center / Tourney Road $27,000 $54,036 Total Annual Cost including the Revised Sites to be Serviced is $181,076" 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 remain the same. [SIGNATURES ON NEXT PAGE] Revised 12011 Page 1 oft IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. Date: (y 7 %� FOR CITY OF SANTA CLARITA: KENNETHR-.. PULSKAMP, CITY MANAGER By: / City Manager Date: Ez�-iZ ATTEST��� L' By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By:� City Attomey Date: /i7 — OM l Revised InoiI Page 2 of 2 SIXTH AMENDMENT TO AGREEMENT NO. 08-00555 BETWEEN THE CITY OF SANTA CLARITA AND DOUGLAS AND PENELOPE HANSEN DBA COASTAL LAND CARE, L.L.C. > c; Contract No. 08-00555-F THIS SIXTH AMENDMENT ("Amendment") is made and entered into this V, day of (�()VO[M 20 13 , by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and DOUGLAS AND PENELOPE HANSEN DBA COASTAL LAND CARE, L.L.C. ("CONTRACTOR"). 1. Pursuant to Section 8. TERM of Agreement No. 08-00555 ("Agreement"), amendment to section [new section; amendment to section] to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2013 to December 31, 2013. Unless otherwise determined by written amendment between the parties; this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibits "A"& "B'; B. Termination as stated in Section 15." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00555 remain the same. [SIGNATURES ON NEXT PAGE] Revised 1/2011 Page I oft IN Wr1"NESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. Dat>CEyL1(31Z b�i �- FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: /--7. ATTEST: By: 4 J'/z/v-,� City C erk Date: /- 7 - / -;� APPROVED AS TO FORM: JOSEP. IN Date: 9 J�l i Revised 112011 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND L 11 BRYAN SMITH DBA BRYAN SMITH CONSULTING Contract # 08-00533 This AGREEMENT is entered into this � day of 20 by and between the CITY OF SANTA CLARITA, a municipal co ration d general law city ("CITY") and BRYAN SMITH DBA BRYAN SMITH CO ULTING, a California Sole Proprietorship ("CONSULTANT"). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Two Hundred Sixteen Thousand dollars ($216,000) for CONSULTANT's services,. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "C," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A" and "B," which is incorporated by reference. B. CONSULTANT will, in a professional 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 CONSULTANT by this Agreement_ 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged. in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and 7006. -1- hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "C") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; 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, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from January 1, 2009 to December 31, 2010. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A" and "B"; B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. 7/2006 -2- A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. 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, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. 7/2006 -3- C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT 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 CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at C17 Y'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. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the 712006 -4- manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreements and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy 7/2006 -5- that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol I (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement 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 "AMI." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT'S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this agreement City may cancel the ApTeement immediately with no penalty. G. Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual re�c uirements within 10 days of the prior insurer's issuance of notice of cancellation CONSULTANT must ensure that there is no lapse in coverage. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24, INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either parry by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Bryan Smith 27402 Briars Place Santa Clarita, CA 91354 Attention: Bryan Smith If to CITY: City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 Attention: Emilio Blanco Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly 712006 -6- addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to section 25. NOTICES of any staff changes relatingto to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "I" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any . other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. 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. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 712006 -7- 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are 3 (three_) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Parry had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. 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. 34. AUTHORITY/MODIFICATION. 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 amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. 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. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. 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 7/2006 $ 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 CONSULTANT 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. [Signatures on next page] 712006 _ _ -9- IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CONSULTANT: Date: FOR CITY OF SANTA CLARTPA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager G� Date: / / G ATTEST: By: ^ City Clerk.. il Date: / 3� APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: 7& City Attorney Date: 7¢066 -10- ( j)40_533 City of Santa Clarita Administrative Services 23920 Valencia Blvd., Suite 260 Santa Clarita, CA 91355 EXHIBIT A LANDSCAPE CONSULTANT SCOPE OF SERVICES The Landscape Consultant, hereinafter called "Consultant" shall provide landscape monitoring, observation and/or *inspection services for the City Landscape Maintenance Districts. It is the Consultant's responsibility to observe and report whether the Landscape Maintenance Contractor (Contractor) is in compliance with the landscape, irrigation and related provisions of the Contractor's maintenance contract with the City (Contract and Bid Specifications) and bring any items that are not in compliance to the City's attention. It is also the Consultant's responsibility to observe and report whether all LMD areas meet the requirements of the CC&R's, easements, and contracts, with respect to an acceptable level of aesthetics and maintenance of the facilities and amenities within the LMD areas. The LMD Manual will be provided to the Consultant and said LMD Manual consists of: 1. LMD Zones and Maps 2. Inspection— Scope of Services 3. Streets and Highways Code 4. Document Summary Summary of Documents Calsense Controller Policy 5. Purchasing Policy Work Authorization Policy Extra Work Authorization Policy Quick Reference 6. Policies and Procedures for New Zones 7. Landscaping Information 8. Landscape Maintenance Contract 9. Landscape Inspection Standards 10. A copy of the Request for Proposal IT -08-09-03 The services of Consultant pursuant to this agreement shall be consistent with the provisions of the LMD Manual. When necessary, the Consultant is to provide the Contractor with a detailed deficiency list, indicating Contract deficiencies and locations, as provided for in the maintenance Contract. The Consultant shall notify the contractor to perform all work, per the requirements ofthe Contract. The Consultant will also assist in identifying non -contract items requiring attention/action. The Consultant shall meet bi-weekly, at a minimum, with the Contractor, to review the Contractor's overall performance, discuss areas ofpossible improvement in the maintenance program, and discuss possible modifications in the plant population of the LMD areas. The contract requires all areas to Fxlubit A-08-00533 be walked on a monthly basis, unless other arrangements are made with the City's LMD Administration Staff. Substantial improvements can be made by reviewing and modifying existing plant material, resulting in better adaptation to climatic conditions, longer plant life, less water usage, and a more aesthetically pleasing planted area. The Consultant is responsible for making those determinations and recommendations to the City. The Consultant shall monitor, observe and *inspect the LMD areas to determine if the deficiencies have been properly addressed. This is an ongoing process, which is necessary to ensure that maintenance of the LMD areas is performed satisfactorily. The Consultant is responsible to acquire and forward from the Contractors, all estimates and proposals required to have the maintenance and enhancement work completed. It is the Consultant's responsibility to verify that all items on the list are completed. The Consultant shall provide the City a list of non -contract items for the routine maintenance and general improvements/upgrades to the areas. The list shall include all items to bring the irrigation up to industry (City) standards. The list shall include plant replacement and any repairs to hardscape, wrought iron, and other amenities. The Consultant is responsible for discussing any items with City staff to review the budget, establish a plan and timeframe for completion, and track all items on the list until they are completed. The Consultant shall meet with City's LMD Administration Staff and/or the Contractors as needed, to review the Contractor's performance, discuss the maintenance problems in specific areas that have been observed, and resolve homeowner complaints received by the City and the consultant. OBSERVATION, REPORTING, MONITORING AND *INSPECTION SERVICES WITHIN THE LANDSCAPE MAINTENANCE DISTRICTS ARE TO INCLUDE: • Replacement of lighting fixtures for parks, paseos, tunnels and monument signs. • Irrigation systems for upgrade and repair. • Landscaped areas for maintenance, removal or modification. • Areas where slope or drainage problems are occurring. • Areas where erosion needs to be addressed. • Areas in which extensive frost damage has occurred. • . Areas where insect or animal infestation is present. • Brush areas during fire seasons (trails and slopes). • All repairs made by Contractor or other authorized parties to hardscape, wrought iron, and other amenities. • Reviewing and assessing vandalism. • Plan checking and plan preparation. • Any other services as requested by the LMD Administration Staff or any other division of the City. • If required attending evening Homeowners Association meetings with Special District Administration staff. • Use the City of Santa Clarita, CRM system to open and track service requests. Open and close CRM service requests in a timely manner. The Consultant shall meet with City LMD Administration Staff and the maintenance contractors as needed to review the completion of work and monthly performance. Exhibit A - 08-00533 Consultant must be available 24 hours a day for emergencies or must make arrangements for other staff or personnel to be available. The following are designated as emergencies: • Stuck valve (water valve continues to run and will not shut off). • Broken mainline (water main runs and can not be shut off). • Backflow prevention device gushing (water device continues to leak heavily). • Fallen tree over walkway or garage, house or street. HOMEOWNER COMPLAINT OR QUESTIONS Throughout the course of the year, a number of homeowners call the management company or the City with complaints, problems, questions, or suggestions, concerning the common areas. Examples of the issues raised by homeowners include: • Views blocked by plants and/or trees planted in the common areas. • Irrigation problems near a homeowner's residence. • Animal infestation in the common areas affecting residences. • Dead or unhealthy plants and trees in the common areas. • Concerns about soil erosion in the slope areas. • Reports of vandalism or damage in the common areas. • Fallen trees in the common area and in residential yards. • Complaints and/or suggestions for the common area and park. • Any other problems or questions related to the Landscape Maintenance Districts Complaints or questions regarding LMD's received by the City or management company are forwarded to the Consultant and/or Contractor for resolution. The Consultant must contact each resident that submits a request for service. The Consultant must determine the appropriate course of action, advise the homeowner of the prognosis, and keep them informed until the work is competed. It may take anywhere from 10 minutes to several hours of investigating, reviewing, reporting, and resolving the homeowner issues. Each call must be addressed on an individual and professional basis. The issues raised by homeowners often necessitate a response in written form, or may lead to extensive testing and research. Consultants are independent contractors and must provide their own transportation, clerical support, pagers, phones, faxes, computers, office space, storage for plans, etc. Consultant will interpret the Contract and Bid Specifications in the interest of the City First. The contract is held between the City Special Districts Division and the Contractor. If the contractor is not in agreement with the terms of the contract; then it is the responsibility of the contractor representative to bring it to the attention of the City. The Special Districts Division will then review interpret and send out its findings. "Consultant shall at all times avoid conflict of interest or appearance of conflict of interest with the interest of the City first in the performance of this agreement". *Inspection refers to the duties identified and the items required to be inspected per the BNI Public Works Inspectors manual. A CSI License is not required. Exhibit A - 08-00533 n:. �b—OOy33 EXHiBII B C. STATEMENT OF WORK AND FORMAT The City of Santa Clarita (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the following word groups are used interchangeably: 1. 'Contractor" and "Proposer." 2. "Consultant" Inspector" and "Monitor." 3. "Zone" and "Area." III 2. 3. Purpose: The City of Santa Clarita is seeking proposals from companies experienced in monitoring landscape maintenance contracts. The City does not provide direct landscape maintenance services but contracts these services to private companies. Currently there are five separate landscape companies providing landscaping maintenance services to 37 areas in three Landscape Maintenance Districts, or LMDs (there are 34 zones; three areas are not zones but require monitoring). The landscaping maintenance contracts are performance based and awarded through the competitive bid process. The City is seeking bids from Proposer's to serve as an agent to the City monitoring landscape maintenance services as provided by contracted landscapers. The Citys goal is to identify and retain the best qualified vendor to provide a high and responsive level of professional landscaping monitoring service at the most responsible cost. Pr000sal Schedule: Following is a probable schedule of events: EVENT Solicitation Advertisement Pre-bid Conference Last Day for Questions Return of Proposals Evaluation of Proposals Interviews Recommendation to City Council Contract Award Project Start Date Introduction/Background: DATE August 3, 2008 September 3, 2008 September 11, 2008 September 25, 2008 October 1 —10, 2008 Week of October 13th and/or 2dh. 2008 November 25, 2008 November 26, 2008 January 1, 2009 The City of Santa Clarita is located in northern Los Angeles County and includes the communities of Canyon Country, Newhall, Saugus and Valencia. According to the latest census reports, the City of Santa Clarita's current population is approximately 178,000, making it the fourth largest City in Los Angeles County. The City is consistently ranked among the top five fastest growing cities in Southern California and among the country's safest cities. According to FBI statistics, the City of Santa Clarita is ranked second safest in the country among cities with a population of more than 150,000. The City currently is responsible for the day to day management of the Citys award winning LMDs. Landscape maintenance services are provided through contracts with private landscaping companies. Within the LMDs are 37 independent boundary areas. Each area was created by property owners to provide a high level of landscape service within its' boundary, and as such, has an independent budget. Individual properties within a specific boundary area pays a proportionate assessment on Their property tax bill for the special landscaping benefit conferred on their property. In total, the LMDs consist of approximately 700 plus acres of landscaping on private and public property. The combined FY 2008109 budgets for the 37 areas totals nearly $13 million. Typically an area requires the maintenance and care of turf, trees, shrubs, color while also maintaining hardscape features, such as stamped concrete medians; concrete Paseos; post rail and wrought iron fencing; slump stone borders and walls; irrigation controllers and enclosures; pedestrian bridges and tunnels; decorative lighting; and exercise children's play equipment. Bid # IT -09-09-03 The City's Landscape Maintenance Districts include three HOA owned parks: Central Valley Park, Mountainview Park, and Summit Park. For Fiscal Year 2008/09, total Landscape Maintenance District (LMD) budget is $12,700,000 The largest zone, Northbridge has $1,700,000 annual budget and the smallest zone has a $4,700 annual budget. A FY 2008109 LMDs Budget is provided in Appendix 1. The LMDs are responsible for variety of assets within the 37 areas. The statistics listed below are an approximant count of these assets. • 705 Acres of maintained areas • 336 Backflows preventers • 281 Backflow enclosures • 386 Irrigation controllers • 12 Water Pumps • 5,220 Irrigation Stations • 1074 Light Stands and Fixtures • 105,600 Linear Feet of Paseo Walkways • 30,000 Trees • 44 Monument Signs • 33 Bridges and Tunnels • Multiple Block Walls, Fences, Gazebos, Exercise/Play Equipment, Tennis and Basketball Courts 4. Obiective(s)/ Work Products: Under the general direction of the City's Special Districts Administrator, the City seeks proposals and may select one or more vendors to monitor and inspect the day to day maintenance efforts of the City's contractual landscape maintenance providers throughout the City's LMD zones to ensure they meet performance standards as well as City expectations. The City's goal is to identify and retain the best qualified vendor to provide a high and responsive level of professional monitoring service at the most responsible cost. It is important to note that in preparing this RFP document the City has re-evaluated its day to day operational need for contractual landscape inspection services in a manner that differs from how these types of contracts have been previously administered. Specifically the Citys goal in this RFP process is to solicit responses from interested Proposers that provide Santa Clarita with inspection services that primarily focus upon the providing quality control for the day to day work of the contractual landscapers who maintain the various LMD zones. In this respect the City is seeking to de-emphasize the need for monitors or inspector services that in the past have provided a moderate to significant level of project management support to the City Special Districts Division. Proposers are instructed to make note of this policy decision and prepare responses accordingly. The Landscape Maintenance Districts zonestareas are further subdivided into six services groups for monitoring purposes. These service groups are as listed below and the zones contained within these groups are identified in the in Appendix 2. Maps reflecting the service groups and LMD zones may be downloaded at htto://www.santa-clarita.com/citvhati/admin/purchasingAt-08-09-03/ Be advised the files may be very large. • West Side (Service Group • West Side II Service Group • North Side I Service Group • North Side 11 Service Group • East Side I Service Group • East Side 11 Service Group Bid # rr-0"9-03 For the purposes of this RFP process the City is seeking proposals from qualified vendors who are interested in monitoring landscaping contractor activities to operate In one or more of the above identified service groups. Qualified vendors are invited to submit proposals to manage one or more service groups on an annual basis. It is anticipated that the term of the monitoring contract to the successful Proposer shall be for a two-year period with three one-year renewable contracts options that can be exercised at the sole discretion of the City. The City will evaluate and rank proposers for each individual group. The City desires to retain a minimum of two contractors. As a result, a contractor will be recommended for award to no more than 3 groups. Should a proposer be ranked first for more than 3 groups, City staff wilt recommend that contractor for the three largest dollar value contract groups. Staff will recommend the highest or second highest ranked contractor for the remaining three groups as the case may be. 5. Work Statement: The following paragraphs provide some detail as to the Citys expectations for the contractor. It is by no means the total level of work and should be considered a minimum standard. Proposers are expected to bring their expertise to the contract, supplementing contract requirements to provide the best possible service and making recommendations for improvements as appropriate. The monitor shall meet at a minimum twice a month with the landscape maintenance contractor to review their overall performance in relation to their maintenance contract with the City; discuss areas of possible improvement and discuss possible modifications in the plant population for the LMD maintained areas. Modifications may include reviewing and changing existing plant material, resulting in longer plant life, efficient water usage, better adaptation to climatic conditions, and a more aesthetically pleasing planted area. • If the landscape maintenance contractor is deficient, the monitor shall prepare a detailed list identifying the deficiency or deficiencies, and provide a map showing where deficiency or deficiencies exist. Inspector to assist in identifying contract and non contract items. The deficiency notice will identify the section of the landscape maintenance contract to which the landscape contractor is non compliant. The monitor shall re -inspect areas to ensure that the deficiencies have been properly addressed. This is an ongoing process which is necessary to ensure that maintenance of the LMD maintained area meet landscape contract and City specifications and standards. The monitor will maintain written records on deficiency notices for non compliance of the landscaping contract and provide copies to the City upon request within 24 hours. These records in the future may be used in notices to cure or quit against the contractor. At a minimum the Vendor is required to provide a supervisory level monitor that the City can contact in order to respond to emergencies on a 24-hour a day/seven day per week basis. Vendor will maintain and provide the City with a 24-hour emergency "LMD Hot Line" capable of contacting the lead or supervisory monitor identified to respond and address the situation until the emergency is resolved. Vendor is required to maintain emergency contact numbers for contractual landscapers in the event an emergency situation dictates their on-site presence. • The monitor provides and assumes all operational costs associated with providing tools, uniforms, safety vests, and hard hats, office and field staff, vehicles, Sprint/Nextel Two -Way Radios, cell phones, fax machine, and computers with software compatible with City's Microsoft Office Suite and high speed Internet access. • Although independent contractors, the contractor and their staff will be performing work on behalf of the City in the field. The contractors field staff shall present a neat appearance at all times and wear a uniform conspicuously marked with the name of the contractors firm. Contractors field staff will comport themselves in a professional manner in their dealings with Old # IT -08-09-03 the landscape contractor's staff and private citizens. The contractor will immediately report any incidents to the LMD staff. The monitor shall perform additional •as needed' inspections with a representative of the City. • Examples of special inspections could include, but are not limited to: Inspection of the parks, Paseos, and tunnel lights for replacement. • Inspection of irrigation systems for proper operation, Upgrade and repair. • Inspection of landscaped areas for removal or modification. • Inspection of areas where slope or drainage problems are occurring. • Inspection of areas where erosion needs to be addressed. Inspection of areas in which extensive damage has occurred. • Inspection of areas where insect or animal infestation is present. • Inspection of brush areas during fire seasons (trails and slopes). • Reviewing and assessing vandalism. • Concrete deviations block, brick, fences and gates. The monitor shall record and keep a list of all special inspections and instructions provided by the City in an electronic database. Electronic copies of these logs are to be transmitted to the landscape contractor for action and or resolution. Good customer service is highly valued by the City, as such, responding promptly and professionally to resident Inquires and questions are expected of the successful Proposer. On regular bases, residents contact the City concerning observations, questions, requests for service and suggestions, concerning the LMD maintained landscaping. Examples of the issues raised by residents include: • IrrigationdPerceived Over -watering • Rodents/Insects • Dead or Unhealthy Plants, Shrubs & Trees • Soil Erosion • Pruning of Shrubs and Tress • Brush Clearance • Vandalism/Graffiti. • Fallen Trees • Turf Conditions • Concrete Deviations, Broken Walls & Brick • Deteriorating fences • Broken or Damaged Play/ Sport Equipment & Water Fountains • Miscellaneous Related and Unrelated LMD Questions and Inquiries As directed, the monitor shall manage, document and provide status reports on communication that takes place with residents concerning LMD-related service requests, inquires and questions. Monitor will be required to utilize the City web -based Citizen Response Management (CRM) System. Such application will be made available at the expense of the City. An overview of this system will be provided at the Bidders Conference and training will be provided by City staff to the selected Proposer(s) prior to the start of the contract. • Upon receiving direction from City staff via the CRM system, the monitor shall respond to the citizen/requestor within the expected time period provided by the City. While the City's expectation is that a large majority of requests should be responded to within a 24 hour period (does not include weekends or official holidays), there will be some instances where the expected time period for response may be several days or longer. The monitor will be able to use the City's CRM system to provide residents with information regarding the status Bid # IT -08-0303 of the request, the anticipated completion date, exchange information with City staff, review any follow-up information provided by the resident and ultimately provide a final response to close out the service request or inquiry. It will be the responsibility of the monitor to manage and document communication with the resident, City staff or HOA representatives using the City's CRM system. The City will configure the CRM system in a fashion that will provide automated daily, weekly and/or monthly reports regarding the status of all open (and closed) service requests or inquires that will be delivered via email on a scheduled basis or can be accessed by the vendor through the CRM system on a real-time basis. The City will have access to the same reporting information and utilize such information to establish performance benchmarks and/or data to evaluate the overall performance of the contract inspector. • On a regular basis, landscaping maintenance work which is not in the normal scope of the landscaping maintenance contract is required The monitor, after verifying that the proposed work is not in the scope of the landscape contract, shall request a separate work proposal from a landscaper/construction contractor. The work proposal shall be recommended by the monitor to the City for approval. If approved by City, the monitor shall direct the landscaper to proceed and inspect completed work in accordance to City specifications. Once the work is accepted by the monitor, the contractor's invoice shall be provided to the City for approval and payment. 6. Time Schedule: The City of Santa Clarita anticipates that the new Inspection Contractor(s) will be under contract and providing services to monitor work performed by contracted landscapers beginning at 12:01 AM January 1, 2009 (It is expected the Contractor will be available to respond to call for emergency landscape service on New Years' Day). ' 7. Response Submittal Requirements. Section A - CONTENTS OF PROPOSAL Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation. FORMAT Each proposal must be submitted in two parts: Part I must relate to the Technical Proposal Part II must relate to the Cost Proposal PARTI- TECHNICALPROPOSAL Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Table of Contents - Clearly identify material contained in your proposal by Part and Sub -part with corresponding page numbers. Sub -part 1 - Introduction - Contents to be determined by contractor. Sub -part 2 - Work Analysis - Describe your company's understanding of monitoring a landscape maintenance contract that meets the District's needs. At a minimum include the technical and eid H IT -08-00-03 professional challenges associated with measuring and communicating the landscaper's performance - Sub -part 3 -Work Program -Describe your company's overall philosophy and approach to monitoring landscape contracts and managing your monitoring activities to ensure the work performed by the City's contractual landscapers, including the objective and scope of work to be performed by the contractor.Provide information on the processes you will use to overcome any challenges and achieve "best in class results." Include examples of how you have implemented these approaches and processes. Sub -part 4 -Assigned Personnel -Proposer must identify the principals having primary responsibility for overseeing and managing all inspection monitoring provided to the City. Please include information that discusses professional background and provide a summary of similar work previously performed. In addition Proposer responding to this RFP must meet or exceed the minimum qualification as outlined below: • Minimum of five (5) years of professional and licensed landscape maintenance experience • Minimum of five (5) years landscape installation experience • Minimum of five (5) years of irrigation management/maintenance experience • The monitor may be required to confer and coordinate with other affected agencies and utility companies to identify design controls and considerations. • Monitor should be familiar with the Calsense and Rain Master Controller programming and demonstrate a proficiency in water budget management. • The monitor shall possess, but not necessarily be limited to, the following general knowledge of: • A.P.W.A. Green Book of public works construction standards. • Landscape Inspection for new irrigation installation and drains. • Electrical Codes for irrigation wiring 24 -volt and basic 120. volt paseo lighting • Plumbing codes for water lines, meters, drinking fountains and irrigation lines • Los Angeles County Fire Codes for brush clearance • Pest control and chemical application requirements. • City of Santa Ciarita horticultural standards Watchbook Manual on traffic control standards for work in the public right of way. • US Irrigation Association's Irrigation BMPs Sub -part 5 - Schedule- List the proposed schedule of activities associated with inspection services to be provided, including labor hours and calendar time requirements. The City will not require the contractor/ monitor to work weekends or holidays unless authorized in advance bythe City. Therefore no charge will be made to the City unless work is performed on such dates as authorized by City staff. Sub -part 6 - City Resources - Describe all City services and staff resources needed to supplement contractor activities to achieve identified objective(s). Sub -part 7 - Subcontractors - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to providing inspections services. Provide a list of their assigned staff, their qualifications, relationship to contractor, schedule, costs, and hourly rates. Sub -part 8 - Contractor Capability and References - Provide a summary of the firm's resources, staff, equipment and relevant background experience. Discuss the applicability of such experience to this RFP. List a minimum of five contracts for other similar agencies that are of a similar size and nature. Provide a contact person and information for each of those clients. In addition the Contractor responding to this RFP must meet or exceed the minimum qualification as outlined below: aid # IT -08 -OM3 Certified Landscape Irrigation Auditor (conferred by the Irrigation Association) maintained on staff by prospective Proposer, or demonstrate ability to retain such expertise or demonstrate ability to obtain such credentials within one year of contract award. Ability to provide the Citywith references that reflect a minimum of two (2) governmental and two (2) Homeowners' Association (HOA) references. Ten (10) years of business experience can be substituted for municipal experience at the discretion of the Director of Administrative Services. Possession of valid C-27 Landscape Contractors License before the contract is awarded. Sub -part 9 - Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to addressjust the following: a. Work Program; b. Methodology; c. Assigned Personnel Sub -part 10 - Conflict of Interest - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal. Sub -part 11 - Insurance — Provide an indication of the availability of insurance, including general liability and workers' compensation in the amount of not less than $1,000,000. Sub -part 12 - Additional Data - Provide other essential data that may assist in the evaluation of this proposal. PART II - COST PROPOSAL The Cost Proposal will be provided in a separate sealed envelope. Proposer's are instructed to utilize the attached Bid Sheets in order to provide the City with a breakdown of the costs associated with their response. Proposer's are directed to attach a cover sheet that identifies the Proposers name and complete address. This cost section is to emphasize use and meaning of cost information supplied in the proposal response. Zone and group lump sum cost figures are to be inclusive of every cost to provided all services and performance as outlined in this solicitation. No additional cost will be considered or paid except as specified in the proposal. The hourly breakdown costs are to be inclusive of all costs for that skill group to provide whatever service may be required of that skill group. No additional costs will be considered or paid. 1) Supplies and Equipment—The cost for any required supplies or equipment will be included in the lump sum cost for the applicable zone and group. For the hourly breakdown for skill groups, the hourly rate will include any supplies and equipment required by that skill group in fulfilling responsibilities under the contract. 2) Travel Costs — It is expected that all travel costs inclusive, but not limited to, vehicles, fuel, maintenance are included in the lump sum costs and hourly rates for labor. Proposals submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Proposer. 3) Miscellaneous Costs, if any - It is expected that general, overhead, and administrative costs are included in the lump sum costs and hourly rates for labor. Again, proposals submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Proposer. 4) Annual CPI Adjustments —Following the initial contract term, cost increases maybe negotiated during contract renewal discussions up to a maximum equal to the increase in CPI since the Bid p IT -08-09-03 7 beginning of the contract or last cost increase, whichever is later. Such negotiations shall begin no later than 90 days prior to the expiration of the contract. Section B - PROPOSAL SUBMISSION All proposals must be submitted according to specifications set forth in Section 7 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal. Sionature. An authorized representative of the Proposer should sign all proposals. II. Due Date. The proposer shall submit ( 8) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left-hand corner with the name and address of the Proposer and the words "Request for Proposal # IT -08-09-03." All proposals must be received before 11:00 a.m September 25, 20K and should be directed to: Purchasing City of Santa Clarita 23920 Valencia Blvd. Ste. 245 Santa Clarita, CA 91355-2196 Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date. III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of August 3, 2008 to September 25, 2008. Proposers are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. IV. Resection. A proposal may be deemed non-responsive and may be immediately rejected if: - It is received at any time after the exact date and time set for receipt of proposals and/or; - It is not prepared in the format prescribed and/or; It is signed by an individual not authorized to represent the firm. V. Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal shall be retained for City files. Additional copies and materials will be returned only if requested and at the Proposer's expense. Vl. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of ninety (90) days after the last day to accept proposals. VII. Proposal Evaluation and Contractor Selection. An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible Proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking nor award to the Proposer with the lowest Price Proposal if doing so would not be in the overall best interest of the City. Bid # IT -08-09-03 The overall criteria listed below are listed in relative order of importance. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. a) Cosi b) Understanding and approach to work effort C) Interview d) Firm and staff experience/qualifications/capability e) References f) Quality of the proposal response Interviews will be held in the format of formal presentations before one or more evaluation panels comprised of City staff, landscape professionals and community stakeholders. Bid p IT -08-0303 9 D. Sample Contract * * DO NOT SIGN * *PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract # This AGREEMENT is entered into this day of. 20_, by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY") and [name], [a type of organization] ("CONTRACTOR'S. 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR a sum not to exceed dollars (S ) for CONTRACTOR's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit " " which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " " which is incorporated by reference. B. CONTRACTOR will, in a professional 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 famished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONTRACTOR will use the appropriate generally accepted professional standards ofpractice existing at the time ofperfomtance utilized by persons engaged in providing similar services. CITY will continuously monitor CONTRACTOR's services. CITY will notify CONTRACTOR of any deficiencies and CONTRACTOR will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be bome by CONTRACTOR. 4, PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit " 'I the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Bid a tr-08-09-03 10 work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONTRACTOR for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONTRACTOR services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONTRACTOR believes Additional Work is needed to complete the Scope of Work, CONTRACTOR will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A.. . By executing this Agreement, CONTRACTOR agrees that it has: L Carefully investigated and considered the scope of services to be performed; ii.. Carefully considered how the services should be performed; and in. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR agrees 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. 8. TERM. The term of this Agreement will be from to . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. A. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONTRACTOR a written notice to proceed. Bid At IT -Oa -0303 11 B. Should CONTRACTOR begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 10. TIME EXTENSIONS. Should CONTRACTOR be delayed by causes beyond CONTRACTOR's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONTRACTOR must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be detemtined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will obtain and maintain during the tern of this Agreement, all necessary permits, licenses, and certificates that maybe required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONTRACTOR under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONTRACTOR's performance. 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, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. CONTRACTOR may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONTRACTOR will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONTRACTOR after receiving a termination notice will be performed at CONTRACTOR'S own cost; CITY will not be obligated to compensate CONTRACTOR for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONTRACTOR will, at CITY's option, become CITY's property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). Bid # R-08-99-03 12 E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terns services similar to those terminated. F. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONTRACTOR under this Agreement are CITY's property. CONTRACTOR may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONTRACTOR's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONTRACTOR to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. 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 ofperformance 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. 19. ASSIGNABILITY. This Agreement is for CONTRACTOR's professional services. CONTRACTOR's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. 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. 21. AUDIT OF RECORDS. CONTRACTOR will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONTRACTOR will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. 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 Bid # tT-08-09-03 13 insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $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 1185 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 endorsement must be reflected on ISO Form No. CG 2010 1185 or 88, or equivalent. 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. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONTRACTOR will famish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement 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." F. 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 pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONTRACTOR must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. Bid k IT -08-09-03 14 24. INCIDENTAL TASKS. CONTRACTOR will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONTRACTOR: If to CITY: Name City of Santa Clarita Address 23920 Valencia Blvd., Suite 300 City, State, Zip Santa Clarita, CA 91355 Attention: Attention: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 26. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the CityClerk's Office). It is incumbent upon the CONTRACTOR or CONSULTING FIRM to notify the CITY pursuant to section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONTRACTOR(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONTRACTOR, except as indicated in Subsection B. Initials of CONTRACTOR B. In accomplishing the scope of services of this Agreement, CONTRACTOR(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONTRACTOR'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONTRACTOR(S) shall be subject to the Disclosure Category "I" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR's bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting. from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability, Bid # fr-0e-09-09 15 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR's or CITY's obligations under this Agreement. 29. 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. 30. COMPLIANCE WITH LAW. CONTRACTOR agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are _ ( ) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction tobe 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. 34. AUTHORITYlMODIFICATION. 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 amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. 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. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with BW 4 rr-08-09-03 16 private consultants, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. 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. [Signatures on next page) Bid # IT -08-09-03 _ 17 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER Ey: City Manager Date: kvu-10aw Ey: City clerk Date: APPROVED AS TO FORM: CARL IC NEWTON, CITY ATTORNEY By: City Attorney Em 8 rr-08-09-07 - 18 City of Santa Clarita RFP #IT -08-09-03 Landscape Maintenance District Contract Inspection Services LMD Zone Groupings BID SHEET In the space provided below, please provide the total annual cost to provide landscape maintenance monitoring services for each service group upon which you are proposing a bid. The annual contract amount will be paid twice per month in 24 equal payments. Service Group West Side I Group 2008-1 Major Thoroughfare Medians T-1 Ad Valorem Zone 18 Town Center / Tourney Road Zone 16 Valencia Industrial Center Summary of Total Cost for this Group West Side II Group T-2 Old Orchard T-3 Valencia Hills T-4 Valencia Meadows T-5 Valencia Glen T-6 South Valley T-7 Central & North Valley Summary of Total Cost for this Group North Side I Group T-23 Mountain View T -23A Mountain View Condos T -23B Seco Villa Condos Zone 19 Bridgeport / Bouquet Summary of Total Cost for this Group Annual Cost Bid # IT -08 -DD -03 19 North Side II Group T47 North Park T46 Northbridge T-8 Valencia Summit Zone 7 Creekside Summary of Total Cost for this Group East Side I Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangri-La Summary of Total Cost for this Group East Side II Group T -42A Circle J. Ranch T -42B Circle J. Ranch T -42C Circle J. Ranch Summary of Total Cost for this Group c $ Bld # rr-0"9-03 20 f c $ Bld # rr-0"9-03 20 In the space below, please identify the hourly rate for the personnel skill groups, including management, clerical, labor and any subcontractors you will use in the performance of this contract. The hourly rate should be inclusive of all costs (including any non -labor costs such as, but not limited to, supplies and equipment) necessary to fulfill the skill group's responsibilities under this contract. Skill Group Houde Rate After Hour Rate Weekend Rate Holiday $ $ $ $ $ s s s s s s Bid # IT -0898-03 ,21 NON -COLLUSION AFFIDAVIT LANDSCAPE MAINTENANCE DISTRICT CONTRACT INSPECTION SERVICES City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )) § being first duly sworn, deposes and says that he or she is the (sole owner, a partner, president, etc.) of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." JURAT State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by personally known to me or proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me. (SEAL) Signature Bid # IT -08-09-03 22 Appendix 2 IT -08-09-03 LMD Zone Groupings and Brief Descriptions West Side I Group 2008-1 Major Thoroughfare Medians T-1 Ad Valorem Zone 18 Town Center / Tourney Road Zone 16 Valencia Industrial Center This Group represents LMD maintenance responsibility for medians, parkways and side panels. The plant material consists of turf, shrubs, trees and flowers. Landscaping work performed in this area in or near the public right of way. The plant material consists of turf, shrubs, trees and Flowers. West Side II Group T-2 Old Orchard T-3 Valencia Hills T-4 Valencia Meadows T-5 Valencia Glen T-6 South Valley T-7 Central & North Valley This Group includes landscaping work performed on and around the Valencia Paseo System. It is the oldest part of the LMD with mature trees and includes one park. The plant material consists of turf, shrubs, trees and flowers. North Side I Group T-23 Mountain View T -23A Mountain View Condos T -23B Seco Villa Condos Zone 19 Bridgeport / Bouquet The Group has landscape responsibility for irrigated and not irrigated slope areas. The LMD is responsible for maintaining common areas for two condominium areas in this Group. Zone 19 is relatively small consisting of a planted buffer between homes and the Santa Clara River, street trees and a local median on Ave. Scott. There is one park within this Group. The plant material consists of turf, shrubs, trees and flowers. North Side II Group T-47 North Park T-46 Northbridge T-8 Valencia Summit Zone 7 Creekside Bid # IT -08-09-03 23 This Group has intensive landscaping sounding paseos, common areas, and parkways. In this Group is a park and a large open landscaped area at the corner of McBean and Decoro. This Group includes some of the largest local zones within the LMD. East Side I Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangd-La This Group is best characterized by local zones having the primary functions of maintaining irrigated and non irrigated slopes. The plant material consists of turf, shrubs, trees and flowers. East Side II Group T -42A Circle J. Ranch T42B Circle J. Ranch T -42C Circle J. Ranch This Group is also characterized by having the primary functions of maintaining irrigated and non irrigated slopes. In addition, there are a large open turf areas and a landscaped utility road used by residents for recreation. The plant material consists of turf, shrubs, trees and flowers. * Not all zonesfareas are listed; some zones/areas will be monitored.by City staff. Bid 0 n'-08-0"3 24 Bryan Smith L' Landscape Consultant 27402 Briars Place Valencia, CA 91354 C27-534856 September 25, 2008 Dear City of Santa Clarita: Uv-l6U45;�3 EXHIBIT C (661) 257-6883 office (661) 510-3666 cell Enclosed is the Cost Proposal #IT -08-09-03 for Bryan Smith, Landscape Consultant Smi h, andscape Consultant License C27-534856 Bryan Smith Proposal September 25, 2008 City of Santa Clarita RFP #IT -08-09-03 Landscape Maintenance District Contract Inspection Services LMD Zone Groupings BID SHEET In the space provided below, please provide the total annual cost to provide landscape maintenance monitoring services for each service group upon which you are proposing a bid. The annual contract amount will be paid twice per month in 24 equal payments. Service Group West Side I Group 2008-1 Major Thoroughfare Medians T-1 Ad Valorem Zone 18 Town Center/Tourney Road Zone 16 Valencia Industrial Center Summary of Total Cost for this Group West Side II Group T-2 Old Orchard T-3 Valencia Hills T-4 Valencia Meadows T-5 Valencia Glen T-6 South Valley T-7 Central and North Valley Summary of Total Cost for this Group North Side I Group T-23 Mountain View T -23A Mountain View Condos T -23B Seco Villa Condos Zone 19 Bridgeport/Bouquet Summary of Total Cost for this Group #IT -08-09-03 Annual Cost $ 142,000.00 $ 76,600.00 $ 5,200.00 $ 4.000.00 $228,000.00 r'�iiiiiiiiiiiiE'�rAI�x7�; $ 13,500.00 $ " 10,800.00 $ 11,700.00 $ 13,500.00 $ 22,500.00 $90,000.00 $ 14,850.00 $ 6,600.00 $ 6,600.00 $ 4,950.00 $33,000.00 0 Bryan Smith Proposal 'September 25, 2008 North Side 11 Group T-47 North Park T-46 Northbridge T-8 Valencia Summit Zone 7 Creekside Summary of Total Cost for this Group East Side 1 Group T-52 Stone Crest Zone 3 Sierra Heights Zone 5 Sunset Hills Zone 6 Canyon Crest T-31 Shangri La Summary of Total Cost for this Group East Side 11 Group T -42A Circle J. Ranch T-428 Circle J. Ranch T -42C Circle J. Ranch Summary of Total Cost for this Group #IT -0"9-03 $3— — 8,500.00 $ 54,500.00 $ 46,0_00.00 $11.000.00 $150,000 $ 8,000.00 $ 5,000.00 $i 7,500.00 -- $ 9.500.00 $ 7,000.00 $33,000.00 $ 14,500.00 $ 13,500.00 $ 8,000.00 $36,000.00 29 Bryan Smith Proposal September 25, 2008 In the space below, please identify the hourly rate for the personnel skill groups, including management, clerical, labor and any subcontractors you will use in the performance of this contract. The hourly rate should be inclusive of all costs (including any non -labor costs such as, but not limited to, supplies and equipment) necessary to fulfill the skill group's responsibilities under this contract. Skill Group Hourly Rate After Hours Rate Weekend Rate Holiday All -Inclusive $ 60.00 $ 60.00 $ 90.00 $ 90.00 Bid # IT -08-09-03 30 NON -COLLUSION AFFIDAVIT LANDSCAPE MAINTENANCE DISTRICT CONTRACT INSPECTION SERVICES City of Santa Clarita, Calitomia TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )} § *%`1"Sbeing first duly sworn, dep sa s tha e r she is the � � " C, t s �y� rE (sole owner, a partner, president, etc.) of �r�_9,,_. the party making the foregoing bid that the bid is not made in the interes4 of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has�ot directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in an} manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged formation or data relative thereto, or paid, and will not pay, any �✓ fee to any corporation, partne hip, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." JURAT State of California County ofLzs -t S Subscribed , and sworn to (or I lrmed) before me on this Z 1 day of�✓ , 2003 by 3f "4&,y1 aRally l(newn Is FRe or proved to me on the basis of s tory evidence to be the person (s) who appeared before me. I (SEAL) KRIS L BENAVIDE2 Y �i t.1y a on # 1753209 i Loa Angefea County Bid # IT -08-08-03 �IyComm. .125,2017 31 FIRST AMENDMENT TO AGREEMENT NO. 08-00533 BETWEEN THE CITY OF SANTA CLARITA AND BRYAN SMITH CONSULTING Contract No. 08-00533-A N=T IS FIR T AMENDMENT ("Amendment") is made and entered into this /% day of 010, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and BRYAN SMITH CONSULTING ("CONTRACTOR'). Pursuant to Section 8 of Agreement No. 08-00533 ("Agreement'), TERM, amendment to section to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2010 to December 31, 2011. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit `B"; B. Termination as stated in Section 15." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00533 remain the same. [SIGNATURES ON NEXT PAGE] 7/2009 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year FIRST hereinabove written. Date: & 15'' 16 FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: City Attorney Date: SECOND AMENDMENT TO AGREEMENT NO. 08-00533 BETWEEN THE CITY OF SANTA CLARITA AND BRYAN SMITH CONSULTING Contract No. 08-00533-B S SECOND AMENDMENT ("Amendment") is made and entered into thisday of ,WjA_420L(, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and BRYAN SMITH CONSULTING ("CONSULTANT"). 1. Pursuant to Section 8 of Agreement No. 08-00533 ("Agreement"), TERM ; amendment to section to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2012 to December 31, 2012. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibits "A" & `B'; B. Termination as stated in Section 15." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00533 remain the same. [SIGNATURES ON NEXT PAGE] Revised 12011 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. I I ' I �III1�7;�y r1l�i m Date: /,/,( FOR CITY OF SANTA CLARITA: - KENNETH R. PULSKAMP, CITY MANAGER By: �5 City Manager Date: 1 Z- 2— l 1 ATTEST': BY: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Att ey Date: Fc ised 12011 Pop 2 of 2 THIRD AMENDMENT TO AGREEMENT NO. 08-00533 BETWEEN THE CITY OF SANTA CLARITA AND BRYAN SMITH CONSULTING Contract No. 08-00533-C THIS THIRD AMENDMENT ("Amendment') is made and entered into this day of 201;, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and BRYAN SMITH CONSULTING. ("CONTRACTOR"). Pursuant to Section 8 of Agreement No. 08-00533 ("Agreement"), TERM; amendment to section to read as follows: "The term of this Agreement will be renewed for one year from January 1, 2013 to December 31, 2013. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "B"; B. Termination as stated in Section 15." 2. Pursuant to Section 1. Consideration, C. of Agreement No. 08-00533 ("Agreement"), amendment to the, Service Group portion of Exhibit "B" to read as follows: " 08-00533 08-00533-C Previous As Amended Service Area Annual Cost Annual Cost Zone T46 (Northbridge Park Added) $54,500 $59,540 Zone T47 (Chesebrough Park Added) $38,500 $43,540 Zone 7 (Creekside Trail Area Added) $11,000 $16,760 Lyons/I5 On Ramps/Off Ramps N/A $4,320 Total Annual Cost including revised sites to increase by $20,160; not to exceed $236,160" 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 08-00533 remain the same. [SIGNATURES ON NEXT PAGE] Revised 12011 Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: 0 Date: /Z� FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: Jiy�91 , AJ l City Manager Date: /- 3' /'3 ATTEST: I . U/4� Cityerk Date: 3 APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney _ / Date: Il `-7 Revised 12011 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND LANDSCAPECONSULTANT.COM Contract No. 13AO244 This AGREEMENT is entered into this day of 20 , by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY") and LANDSCAPECONSULTANT.COM, a California Limited Liability Company ("CONSULTANT"). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed eighty thousand dollars ($80,000) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional 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 CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be bome by CONSULTANT. Reviwd 12011 Page 1 of 10 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from July 1, 2013 to December 30, 2013. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A." B. Termination as stated in Section 15. Rmiscd 12011 Page 2 of 10 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the CITY within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. 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, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. Revised 12011 Page 3 of 10 C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT 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 CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT 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. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. Reviscd 12011 Page 4 of 10 20. INDEPENDENT CONTRACTOR CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tempe of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the Ravisd 112011 Page 5 of 10 insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement 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." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT'S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative. should CONSULTANT fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no knalty. G. Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the policy. CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: LandscapeConsultant.com 24307 Magic Mountain Pkwy., #505 Snata Clarita, CA 91355 Attention: Frank Madero If to CITY: City of Santa Clarita 23920 Valencia Boulevard., Suite 300 Santa Clarita, CA 91355 Attention: Dennis Luppens Revised 12011 Page 6 of 10 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States mail, postage prepaid and property addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise, No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. 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. Revised 12011 Page 7 of 10 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. 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. 34. AUTHORITY/MODIFICATION. 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 amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. 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. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. Revised 12011 Page 8 of 10 40. 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 CONSULTANT 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. [SIGNATURES ON NEXT PAGE] Revised 12011 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONSULTANT: 0 Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER Ey: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY City Attorney Date: Revised 12011 Page 10 of 10 City of Santa Clarita Administrative Services 23920 Valencia Blvd., Suite 260 Santa Clarita, CA 91355 LANDSCAPE CONSULTANT SCOPE OF SERVICES 13-00244 Exhibit A The Landscape Consultant, hereinafter called "Consultant" shall provide landscape monitoring, observation and/or *inspection services for the City Landscape Maintenance Districts. It is the Consultant's responsibility to observe and report whether the Landscape Maintenance Contractor (Contractor) is in compliance with the landscape, irrigation and related provisions of the Contractor's maintenance contract with the City (Contract and Bid Specifications) and bring any items that are not in compliance to the City's attention. It is also the Consultant's responsibility to observeand report whether all LMD areas meet the requirements ofthe CC&R's, easements, and contracts, with respect to an acceptable level of aesthetics and maintenance of the facilities and amenities within the LMD areas. The LMD Manua -1 will be provided to the Consult—ant and said LIMI) Manual consists of: 1. LMD Zones and Maps 2. Inspection — Scope of Services 3. Streets and Highways Code 4- Document Summary Summary of Documents Calsense Controller Policy 5. Purchasing Policy Work Authorization Policy. Extra Work Authorization Policy Quick Reference 6. Policies and Procedures for New Zones 7. Landscaping Information 8. Landscape Maintenance Contract 9. Landscape Inspection Standards 10. A copy of the Request for Proposal IT -08-09-03 The services of Consultant pursuant to this agreement shall be consistent with the provisions of the LMD Manual When necessary, the Consultant is to provide the Contractor with a detailed deficiency list, indicating Contract deficiencies and locations, as provided for in the maintenance Contract. The Consultant shall notify the contractor to perform all work, per the requirements of the Contract. The Consultant will also assist in identifying non -contract items requiring attendon/action. TheConsultant shall meat bi-weekly, at aminimum; with the Contractor, to review the Contractor's - overall performance, discuss areas ofpossible improvement in the maintenanceprogram, and discuss possible modifications in the plant population of the LMA areas. The contract requires all areas to Exfuok A — be walked on a monthly basis, unless other arrangements are made with the City's L14D Administration Staff Substantial improvements can be made byreviewingand modifyingexisting plant material, resulting in better adaptation to climatic conditions, longerplantlife, less watervAge, and a more aesthetically pleasing planted area. The Consultant is responsible for makirtg those determinations and recommendations to the City. The Consultant shall monitor, observe and *inspect the LMD areas to determine if the deficiencies have been properly addressed. This is an ougo irg :pFocess, wliich is necessary to ensure drat maintenance of the LMD areas is performed satisfactorily. The Consultant is responsible to acgaire and forward from the Contractors, all estimates and proposals iequiredto have the maintenance"and enhancement work completed. It is the Consultant's responsibility to verify that all items on the list are completed. The Consultant shall provide -the City a list of non -contract items for the routine maintenance and general improvements/upgrades to the areas. The list shall include all items to bring the irrigation up to industry (City) standards. The list shall include plant replacement and any repairs to hardseape, wrought iron, and other amenities. The Consultant is responsible for discussing any items with City staff to review the budget,.establish a plan and timeframe fbr completion, and track all items on the list until they are completed. The Consultant shall meet with City's LMD Administration Staff and/or the Contractors as needed, to review the Contractor's performance, discuss the maintenance problems in specific areas that have been observed, and resolve homeowner complaints received by the City and the consultant. • Replacement of lighting fixtures for parks, paseos, tunnels and monument signs. • Irrigation systems for upgrade and repair. • Landscaped areas for maintenance, removal or modification. • Areas where slope or drainage problems are occurring. • Areas where erosion needs to be addressed. • Areas in which extensive frost damage has occurred. • Areas where insect or animal infestation is present • Rrnsh areas during fire seasons (trails and elyam). • All repairs made by Contractor or other authorized parties to hardscape, wrought iron, and other amenities. • Reviewing and assessing vandalism. • Plan checking and plan preparation. • Any other services as requested by the LMD Administration Staff or any other division of the City. • If required attending evening Homeowners Association meetings with Special District Administration staff. • Use the City of Santa Clarita, CRM system to open and track service requests. Open and close CRM service requests in a timely manner. The Consultant shall meet with City -LVID AdministrationStaffand the maintenance contractors as ------ - needed to review the completion of work and monthly performance.. EY.WULA Consultant must be available 24 hours a day for emergencies or must make arrangements for other staff or personnel to be available. The following are designated as emergencies: • Stuck valve (water valve continues to run and will not shut oft). • Broken mainline (water main runs and can not be shut oft). • Backflow prevention device gushing (water device continues to leak heavily). ► Fallen tree over walkway or garage, house or street. HOMEOWNER COMPLAINT OR QUESTIONS Throughout the course of the year, a number of homeowners call the management company or the City with complaints, problems, questions, or suggestions, eoncemingthe common areas. Examples of the issues raised by homeowners include: • Views blocked by plants and/or trees planted in the common areas. • Irrigation problems near a homeowner's residence. • Animal infestation in the common areas affecting residences. • Dead or unhealthy plants and trees in the common areas. • Concerns about soil erosion in the slope areas. • Reports of vandalism or damage in the common areas. • Fallen trees in the common area and in residential yards. • Complaints and/or suggestions for the common area and park, • Any other problems or questions related to the Landscape Maintenance Districts Complaints or questions regarding LMD's received by the City or management company are forwarded to the Consultant and/or Contractor for resolution. The Consultant must contact each resident that submits a request for service. The Consultant must determine the appropriate course of action, advise the homeowner ofthe prognosis, and keep them informed until the work is competed. It may take anywhere from 10 minutes to several hours of investigating, reviewing, reporting, and resolving the homeowner issues. Each call must be addressed on an individual and professional basis. The issues raised by homeovmers often necessitate a response in written form, or may lead to extensive testing and research. GENERAL REOUMMENTS Consultants are independent contractors and mustprovide theirown transportation, clerical support, pagers, p hones, faxes, computers, office space, storage for plans, etc. Consultant will interpret the Contract and Bid Specifications in the interest of the City First. The contract is held between the City Special Districts Division and the Contractor. If the contractor is not in agreement with the terms of the contract; then it is the responsibility of the contractor representative to bring it to the attention of the City. The Special Districts Division will then review interpret and send out its findings. "Consultant shall at all times avoid conflict of interest or appearance of conflict of interest with the interest of the City first in the Performance of this agreement". *Inspection refers to the duties identified and the items required to be inspected per the BNI Public Works Inspectors manual. A CSI License is not required. F I+iaA Lands capeconsultant.cam Zone Recap and Hours Vendor Zone Hrs./Mo. Hourly Rate Notes: The hrs. per zone are estmated, Landscapeconsultant.com 20 10 $45.00 and the total amount shall not Landscapeconsultant.com 21 2 $45.00 exceed 148.15 hours, or $80,000. Landscapeconsultant.com 26 6 $45.00 Landscapeconsultant.com 28 25 $45.00 Landscapeconsultant.com T17 1 15 $45.00 Landscapeconsultant.com T29 14 $45.00 Landscapeconsultant.com T33 6 $45.00 Landscapeconsultant.com T65 15 $45.00 Landscapeconsultant.com T65A 20 $45.00 Landscapeconsultant.com T65B 10 $45.00 Landscapeconsultant.com 2008-1 East 15 $45.00 Landscapeconsultant.com Metro 10.1 $45.00 Totals: 148.15 $45.00