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HomeMy WebLinkAboutItem 2g - Contract with Landscape Maintenance ContractDATE: December 16, 2014 TO: Honorable Mayor and City Council STAFF REPORT Public Works Services Department FROM: Tom Tait, Public Works Services Director By: Jacquelyn Mercado, Public Works Office Coordinator SUBJECT: CONTRACT WITH MARIPOSA LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $472,560 Recommendation: Approve SUMMARY The Public Works Services Department ( "PWSD ") is responsible for the landscape maintenance of all City -owned landscaped areas. In order to ensure that exceptional landscape services are provided, a formal Request for Qualifications and bid were conducted for these services. It is recommended that the City Council authorize the City Manager to execute a contract with Mariposa Landscape, Inc. ( "Mariposa ") for landscape maintenance services in an amount not to exceed $472,560, with the option of three one -year renewals. BACKGROUND PWSD is responsible for the maintenance of all City -owned landscaped areas, which includes medians, parkways, parks, water facility sites, parking districts, and City -owned facilities. Due to the complexity of the specifications, high standards required for landscaping throughout the City, and the possibility of getting a low bid from a contractor who could not meet the specifications of the contract, a Request for Qualifications was advertised in the City's adjudicated paper on July 7, 2014. As a result, four contractors submitted their qualifications for review and all four were pre - qualified to submit a bid. To further communicate the City's required landscaping needs, all four pre - qualified contractors attended an extensive site walk, which allowed them to view first hand landscaped areas that would be covered under the contract. Following the original bid opening in September 2014, only two bids were received, with one bidder requesting to withdraw their bid on their own accord due to errors and the second bid submitted being significantly higher than the approved budget. PWSD Contract for Landscape Maintenance Services December 16, 2014 Page 2 of 3 conducted additional follow -up with the remaining two pre - qualified contractors who did not submit a bid and it became clear that the personnel "man counts" identified in the specifications were essentially limiting some contractors from bidding and unnecessarily pushing the costs higher. After careful review of the bid specifications it was determined that the same high quality work could be accomplished with fewer personnel. On November 4, 2014, the City Council approved staff's recommendation to reject all bids received for landscape maintenance services and directed staff to revise the original bid specifications to allow bidders to determine the labor requirements necessary to perform the City's required landscaping needs. All other quality standards remained in place; it was simply left to the contractor to decide the right number of people for the job. It was anticipated that by revising the labor requirements in the bid specifications and re- bidding the contract would enable the City to receive more competitive bids to provide the landscape maintenance levels that are acceptable to the City. DISCUSSION In November 2014, a formal bid was conducted for the revised landscape maintenance contract. A Notice Inviting Bids was published in the City's adjudicated newspaper and bid packages were distributed to the four pre - qualified contractors. On December 2, 2014, the City Clerk publicly opened four sealed bids with the following results: The total bid prices shown in the table above include the total annual bid, plus the bid alternate. The annual base bid included all work specified in the current contract, with some additional clarifications for trouble spots and emerging issues throughout the City. The bid alternate was for the addition of landscaping maintenance on the freeway on /off ramps. A bid alternate was included to allow for flexibility in the event that the bids received were over the approved budget. ANNUAL BID FIRM LOCATION BID ALTERNATE TOTAL BID Mariposa Landscape, Inc. Irwindale, CA $ 464,160.00 $ 8,400.00 $ 472,560.00 Marina Landscape, Inc. Anaheim, CA $ 429,724.80 $ 42,840.00 $ 472,564.80 CLS Landscape Management, Inc. Chino, CA $ 534,655.92 $ 27,933.84 $ 562,589.76 ValleyCrest Landscape Maintenance Irwindale, CA $ 624,003.60 $ - $ 624,003.60 The total bid prices shown in the table above include the total annual bid, plus the bid alternate. The annual base bid included all work specified in the current contract, with some additional clarifications for trouble spots and emerging issues throughout the City. The bid alternate was for the addition of landscaping maintenance on the freeway on /off ramps. A bid alternate was included to allow for flexibility in the event that the bids received were over the approved budget. Contract for Landscape Maintenance Services December 16, 2014 Page 3 of 3 All bid documents received were reviewed for accuracy and content. Mariposa currently provides municipal landscaping services to the Cities of Burbank, Rancho Cucamonga, and San Marino. Based on the contractor's pre - qualified status, confirmation of references provided, and evaluation of the bids, Mariposa Landscape, Inc. was determined to be the lowest responsive bidder capable of performing the work required. FISCAL IMPACT Sufficient funds are budgeted in each Department's Contract Services accounts for landscape maintenance services in the Fiscal Year 2014 -15 Operating Budget. RECOMMENDATION It is recommended that the City Council authorize and direct the City Manager to execute a contract with Mariposa Landscape, Inc. for landscape maintenance services in an amount not to exceed $472,560, with the option of three one -year renewals. Approved: Dominic La7 are City Manager CITY OF ARCADIA LANDSCAPE MAINTENANCE SERVICES (2014) CONTRACT BETWEEN CITY OF ARCADIA AND MARIPOSA LANDSCAPE, INC. RVPUB \DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) CONTRACT FOR THE CITY OF ARCADIA LANDSCAPE MAINTENANCE SERVICES (2014) PARTIES AND DATE. This Contract is made and entered into this day of , 20_, by and between the CITY OF ARCADIA (hereinafter called the "City ") and MARIPOSA LANDSCAPE, INC. (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The City is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response of Request for Qualifications to bid issued by City on July 7, 2014, has submitted a bid proposal for Landscape Maintenance Services (2014) described in the Contract. 2.3 City has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on [* *INSERT DATE * *]. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incoraoration of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings RVPUB \DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) Part "F" - Performance Bond Part "G" - Payment Bond The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work for Bid Schedule Category numbers "I — V" and Alternate Bid "A ", and all items included within, necessary to fully and adequately complete Landscape Maintenance Services, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of Four Hundred Seventy -Two Thousand, Five Hundred Sixty Dollars and No Cents, ($472,560.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract for one year from date of execution. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the RVPUB \DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) Specifications, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Hundred Dollars ($100.00) Per Day as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Mariposa Landscape, Inc. 15529 Arrow Highway Irwindale, CA 91706 Attn: Terry Noriega, President City City of Arcadia 240 W. Huntington Drive RVPUB\DRD\570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Dave Thompson, Streets Superintendent Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA By: Dominic Lazzaretto City Manager ATTEST: By: City Clerk Approved as to Form: By: Stephen P. Deitsch City Attorney MARIPOSA LANDSCAPE, INC. By: Title By: Title RVPUB\DRD\570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (LANDSCAPE MAINTENANCE SERVICES) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: Mariposa Landscape, Inc. Signature Name Title Date RVPU13\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)