07 Staff Report - Landscape Maintenance Services for Landscape and Lighting Districts~awN 0 MEETING DATE: 6/2108
ITEM NO:
~0s aAias COUNCIL AGENDA REPORT
DATE: MAY 14, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND
LIGHTING DISTRICTS
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE CONTRACT AGREEMENT WITH
LANDSCAPE MANAGEMENT SERVICES TO EXTEND THE CONTRACT
FOR ONE MORE YEAR TO PERFORM LANDSCAPE MAINTENANCE
SERVICES FOR SIX LANDSCAPE AND LIGHTING DISTRICTS IN THE
TOWN OF LOS GATOS
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute an amendment
(Exhibit A) to the contract agreement (Attachment 2) with Landscape Management Services to
extend the contract for one more year to perform Landscape Maintenance Services for six
Landscape and Lighting Districts in the Town of Los Gatos.
BACKGROUND:
The Town of Los Gatos has been using contractors to perform maintenance services for all of the
Lighting and Landscape Districts in Town. The property owners in each Lighting and Landscape
District pay for this service and the Town only administers the maintenance contracts.
On June 27, 2007, the Town entered into a contract agreement with Landscape Management
Services to provide Landscape Maintenance Services for a one year period effective until June
30, 2008 - (Attachment 3).
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
N:TNGINEERINGICOUNCfL REPORTSIlandscape.mgmt.2nd.amend.to,agr.6208.doe
Reviewed by: L4~6-Assistant Town Manager _MZ- Attorney
Clerk Administrator j5L4,,:~-_Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND
LIGHTING DISTRICTS
MAY 14, 2008
DISCUSSION:
Landscape Management Services has been providing landscape maintenance services for
Landscape and Lighting Districts Blackwell Drive, Gemini Court, Kennedy Meadows, Santa
Rosa Heights, Hillbrook Drive, and Vasona Heights, and staff is satisfied with their services and
desires to continue working with this company.
CONCLUSION:
Staff recommends that Council adopt the attached Resolution authorizing the Town Manager to
execute an amendment to the contract agreement with Landscape Management Services for one
more year from July 1, 2008 through June 30, 2009.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of
the State CEQA guidelines.
FISCAL IMPACT:
Funding for Landscape Management Services is available in the Landscape and Lighting Budget
Program 5501-63363 (Blackwell), 5502-63363 (Kennedy Meadows), 5503-63363 (Gemini
Court), 5504-63363 (Santa Rosa Heights), 5505-63363 (Vasona Heights), and 5506-63363
(Hillbrook Drive).
Attachments:
1. Resolution approving an Amendment to the Contract Agreement (Exhibit A) with Landscape
Management Services
2. Original Agreement dated June 27, 2007
3. New Schedule of Charges
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AMENDMENT TO THE CONTRACT AGREEMENT WITH
LANDSCAPE MANAGEMENT SERVICES
TO EXTEND THE MAINTENANCE SERVICES AGREEMENT
FOR ONE MORE YEAR
TO PERFORM LANDSCAPE MAINTENANCE SERVICES
FOR THE SIX LANDSCAPE AND LIGHTING DISTRICTS
IN THE TOWN OF LOS GATOS
WHEREAS, it is necessary for the Council to secure a landscape maintenance
contractor to provide landscape maintenance services for Landscape and Lighting Districts
Blackwell Drive, Gemini Court, Kennedy Meadows, Santa Rosa Heights, Hillbrook Drive, and
Vasona Heights in the Town of Los Gatos; and
WHEREAS, the Town Council has selected the firm of Landscape Management
Services to provide landscape maintenance services and desires to extend the maintenance
services contract agreement with this company for one more year from July 1, 2008 through June
30, 2009; and
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves the attached Amendment to extend to the maintenance services
agreement (Exhibit A) with Landscape Management Services for one more year to provide
landscape maintenance services in connection with the maintenance of the six Landscape and
Lighting Districts; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute an Amendment to the Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 2nd day of June, 2008, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT I
AMENDMENT TO CONTRACT AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this day of
, 2008, by and between the Town of Los Gatos, State of California, herein
called "Town," and, Landscape Management Services, herein called "Contractor."
RECITALS
A. Town and Contractor entered into a Landscape Maintenance Agreement ("Agreement")
on June 27, 2007 to perform Landscape Maintenance Services for the six Landscape and
Lighting Districts, a copy of which is attached hereto as (Attachment 2) and incorporated
herein by reference.
B. An Amendment to the Agreement is necessary to assist the Town in performing Landscape
Maintenance Services.
AMENDMENT
1. The Agreement is hereby amended to extend the agreement for a period of one more year
from Julyl, 2008 through June 30, 2009.
2. The Agreement is hereby amended to include the new schedule of charges (Attachment 3).
3. All other items and conditions of the Agreement of June 27, 2007 remain in full force and
effect.
IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment to
the Agreement as of the date indicated on page one (1).
Town of Los Gatos, by:
Greg Larson, Town Manager
Town of Los Gatos
Recommended by:
Kevin Rohani
Interim Director of Parks and Public Works
ATTEST:
Town of Los Gatos, California
Jackie Rose, Clerk Administrator
Revised: [1104104
N:ICNGINFERINGICOUNCIL REPORTSIIandscape,mgmt.2nd.amend.to.agr.6208.doe
Landscape Management Services
(Signature)
(Print Name)
(Address)
Approved as to Form:
Orry P. Korb, Town Attorney
EXHIBIT A
AGR
tHH
ORD
REC
CONTRACT RESO
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and Landscape Management (hereinafter referred to as "Contractor"). Owner and
Contractor, for the consideration hereinafter named, agree as follows:
1. SCOPE OF WORK
Contractor shall furnish all materials and perform Landscape Maintenance services for the
locations outlined in (Exhibit C) attached.
A. Scone of Services:
Contractor shall furnish all labor, materials, and supervision to maintain the locations to the
satisfaction of the Parks Superintendent.
B. Design Standards:
Director of Parks and Public Works, or his designee, shall periodically inspect the work areas to
determine the Contractor's compliance with the terms of this agreement. Owner shall notify
contractor of defects in performance, which Contractor agrees to correct within ten days of said
notice.
C. Other Requirements:
1) Work cooperatively with Town and residents
2) Secure Town of Los Gatos Permits
3) Obtain a Town business license
4) Attend pre-construction and weekly job meetings as scheduled
5) Maintain production levels to match schedule
6) Satisfy insurance requirements - Exhibit A
7) Satisfy Equal Opportunity Employment Conditions - Exhibit B
8) Follow Best Management practices for Nonpoint Source Pollution Elimination
D. Terry of Agreement:
Contractor shall commence work on July 1, 2007 upon execution of this Agreement and issuance
of a Town Purchase Order. This Agreement shall remain in fall force and in effect until June 30,
2008, with yearly renewal based on performance evaluation.
2. CONTRACT PRICE
As full compensation for famishing all materials and for doing all the work contemplated and
embraced in this agreement to the satisfaction of Owner, Owner shall pay amount specified as
follows: $24,233.75 for one year.
ATTACHMENT 2
• Blackwell Drive
$143.58 per month
• Hillbrook Drive
$258.66 per month
• Santa Rosa Heights
$661.08 per month
• Gemini Court
$202.08 per month
• Kennedy Meadows
$382.75 per month
• Vasona Heights
$371.33 per month
t,
One year frorn the date of this agreement and each anniversary thereafter, the monthly price paid
for such services shall be adjusted upward or downward, increased or decreased, according to the
percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price
Index, all items, all urban consumers, San Francisco-Oakland -San Jose, 1982-84-100 Index. The
contractor shall be responsible to submit written notice 60 days in advance requesting an
adjustment to the current index. The index used shall be that issued for all items of each year.
A. Payment Schedule:
Payment schedule shall be net 30 days from the end of the monthly maintenance performed.
B. Invoices/Statements:
All invoices and statements to the Town shall reference the Town's purchase order number and
be addressed as follows:
INVOICES:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95030
STATEMENTS:
Town, of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
3. WORK SCHEDULE
Contractor shall notify owner what day maintenance will take place at the locations described in
Section 1, Scope of Work.
4. CHANGE ORDERS
All changes to this contract shall be in writing and signed by the Owner and the Contractor.
5. BEGINNING OF WORK
Following the execution of this agreement, the approval of insurance policies and certificates and
issuance of a Town purchase order, Owner shall issue a notice to proceed with the work.
Commencing work or the entrance of equipment or materials on the site of the work by
Contractor before receipt of the notice to proceed is at the sole risk and expense of Contractor,
and the Contractor shall be fully liable for any damage or injury sustained by Owner or third
persons resulting therefrom.
6. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
damages to other work and/or existing facilities resulting therefrom which shall appear within a
period of one year from the date of the Notice of Completion.
7. LIQUIDATED DAMAGES
Failure to complete the work on time:
If the work is not completed by Contractor in the time specified herein above, or within any
period of extension as above authorized, it is understood that Owner will suffer damage; and it
being impracticable and infeasible to determine the amount of actual damage, it is agreed that
Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of
$100.00 per day, and Contractor shall be liable for the amount thereof; provided, however, that
Contractor shall not be charged liquidated damages because of any delays in the completion of
the work due to unforeseeable causes beyond the control and without the fault or negligence of
Contractor (including, but not restricted to, Acts of God or of the public enemy, acts of the
Government, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes and
freight embargoes).
Contractor shall, within 10 calendar days from the beginning of any such delay, notify Owner in
writing of the cause of the delay and the amount of time extension requested, if any; whereupon
Owner shall ascertain the facts and the extent of the delay and extend the time for completing the
work when, in its judgment and for the amount of time if any, the findings of fact justify such an
extension. The Director of Parks & Public Works determination shall be final and binding on the
parties hereto.
LICENSE
The undersigned is licensed in accordance with State Law providing for the registration of
Contractors, License No. t6 3 2-5- (A "B" License is required.). The License expiration
date is /r5 . No payment for work or material under this Contract will be made by
Owner unless and until the Owner receives verification from the State Registrar of Contractors
that the records of the Contractor's State License Board indicate the Contractor was properly
licensed at the time the Contract was awarded.
Any Contractor not so licensed shall be subject to all legal penalties imposed by law, including,
but not limited to, an appropriate disciplinary action by the Contractor's State License Board.
In addition, failure of the Contractor to obtain and maintain proper and adequate licensing for the
term of the Contract shall constitute a failure to execute or perform this Contract and shall result
in the forfeiture of the security of the bidder. The representations made by Contractor regarding
the license are under penalty of perjury.
i I,
9. NOTICES
Notices regarding this Contract shall be given as follows and shall be considered effective upon
either personal delivery or five days following deposit in the U.S. mail:
To Contractor:
Landscape Management
2598 Wyandotte Street
Mountain View, CA 94043
To Owner:
Kevin Rohani, Interim Director
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95031
10. SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4107 of the Public Contract Code of the State
of California, and any amendments thereof, the Contractor has set forth below the name and the
location of the place of business of each subcontractor who will perform work or labor or render
service to the,undersigned in or about the construction of the work to be performed under the
Contract Documents to which the Contract applies, or of a person who will, off the job site,
specially fabricate a portion of the work or improvement and the portion of the work which will be
done by each such subcontractor or person that will be in an amount in excess of one-half of one
percent of the Contractor's total bid, or $10,000, whichever is greater. If none, so indicate.
DIVISION OF WORD SUBCONTRACTOR ADDRESS
11. WARRANTY
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
damages to other work and/or existing facilities resulting therefrom which shall appear within a
period of one year from the date of recording of final acceptance.
12. ADDITIONS TO WORK
Owner, without invalidating the Contract, may order additions to or deductions from the work, the
Contract Sum being adjusted accordingly. Any claim for extension of time cause thereby shall be
adjusted at the time of ordering such change.
13. DELAYS
Any provision in the Contract which limits the Owner's liability to an extension of time for delay
for which the Owner is responsible and which delay is unreasonable under contemplation of the
circumstances involved, and not within the parties', shall not be construed to preclude the recovery
of damages by the Contractor or subcontractor. This section shall not be construed to void any
provision in this Contract which requires notice of delays, provides for arbitration or other
procedure for settlement, or provides for liquidated damages.
14. INDEMNIFICATION
The Contractor shall save, keep and hold harmless, indemnify and defend the Town its officers,
agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law
or equity that may at any time arise or be set up because of damages to property or personal injury
received by reason of, or in the course of performing work which may be occasioned by a willful
or negligent act or omissions of the Contractor, or any of the Consultant's officers, employees, or
agents or any subcontractor.
15. INSURANCE
Contractor shall procure and maintain for the duration of the Contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the -Contractor, Contractor's agents, representatives,
employees or subcontractors, as stated in Exhibit A to this Contract. The cost of such insurance is
included in the Contract price.
16. ASSIGNMENT TO AWARDING BODY
A. In accordance with Section 7103.5 of the California Public Contract Code, the Contractor
and subcontractors shall conform to the following requirements. The Contractor and its
subcontractors offer and agree to assign to the Owner all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code], arising from purchases of goods
services, or materials pursuant to the public works Contract or its subcontracts. This
assignment shall be made and become effective at the time the Owner tenders final
payment to the Contractor, without further acknowledgment by the parties.
B. In accordance with Section 4552 of the Government Code, the Contractor shall conform to
the following requirements. In submitting an offer to a public purchasing body, the
Contractor offers and agrees that if the bid is accepted, he/she/it will assign to the
purchasing body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act
[Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code], arising from purchase of goods, materials, or services by the Contractor
for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the Contractor.
17. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall conform its conduct to the Owner's Equal Opportunity Program set forth in
Exhibit B.
18. HOURS OF WORK
Hours of work shall be limited to 8:00 a.m. to 5:00 p.m. on Monday through Friday. Other hours
must be specifically approved by the Director of Parks and Public Works.
19. BUSINESS LICENSE
All Contractors, whether they be general Contractors or subcontractors, who transact or carry on
business in the Town of Los Gatos, shall acquire a Business License in conformance with Section
14.20.115 of the Los Gatos Town Code.
20. PREVAILING WAGES
Workers employed in the work must be paid at rates at least equal to the then current prevailing
wage scale as determined by the State Director of the Department of Industrial Relations. A copy
is usually on file in the Office of the Director of Parks and Public Works.
Pursuant to Section 1774 of the California Labor Code, any Contractor who is awarded a public
works project and intends to use a craft of classification not shown on the general prevailing wage
determinations, may be required to pay the wage rate of that craft of classification most closely
related to it as shown in the general determinations effective at the time of the calls for bids.
21. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a
waiver of a subsequent breach of the same or any other provision of the Agreement.
22. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of
this Agreement shall remain in effect.
23. ENTIRE AGREEMENT AND AMENDMENT
This Agreement including Exhibits A, B, and C, which are attached and incorporated herein,
constitutes the entire agreement between the parties and supersedes all prior agreements and
understandings, whether oral or in writing, and shall not be amended except in writing approved
the Owner and Contractor.
IN WITNESS WHEREOF, L.- parities hereto have executed this Agre,,,nent as of the
of ~o 2007.
TOWN of Los GATos, by.
Debra J. Figone, Town Manag
RECOMMENDED BY:
r~~ t
Kevin Rohani
Interim Director of Parks and Public Works
APPROVED AS TTO FORM:
V -t-1---)
OrryKor ,Town Attorney
ATTEST:
J ckie ose
C drain tn: strator
day
by: Landscape Management
$---2
(Signature)
(Title)
(Business Address Here)
~k~, CA ~,~LJ
W( 111 (f-ri
(Contractor's License Number)
EXHIBIT A
INSURANCE REQUIRED
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1173) covering Comprehensive
General Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial
General Liability coverage ("occurrence" form GC 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1178) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. BEGINNING OF WORK
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this Project/location-or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Workers' Compensation and Employers Liability: Worker's compensation limits as
required by the Labor Code of the State of California and Employers Liability limits of
$1,000,000 per accident.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the Town of
Los Gatos. At the option of the Town of Los Gatos, either: the insurer shall reduce or
eliminate such deductibles or self insured retentions as respects the Town of Los Gatos, its
officers, officials, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
D. 01I3ER INSURANCE PROVISION
The policies are to contain, or be endorsed to contain the following provision:
1. General Liability and Automobile Liability Coverages
a. The Town of Los Gatos, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor, products and completed operations of the Contracts,
premises owned, occupied or used by the Contractor, or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Town of Los Gatos, its officers,
officials, employees, or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as respects the Town
of Los Gatos, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the Town of Los Gatos, its officers, officials,
employees, or volunteers shall be excess of the Contractors Insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Town of Los Gatos, its officers, officials, employees, or
volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer`s liability.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Town of Los Gatos,
its officers, officials, employees, or volunteers for losses arising from work performed by
the Contractor for the Town of Los Gatos.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt required,
has been given to the Town of Los Gatos.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than B+.
F. VERIFICATION OF COURAGE
Contractor shall furnish the Town of Los Gatos with certificates of insurance and with
original endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf
The certificates and endorsements are to be on forms provided by the Town of Los Gatos.
Where by statute, the Town of Los Gatos's workers' compensation-related forms cannot be
used, equivalent forms approved by the State Insurance Commissioner are to be substituted.
All certificates and endorsements are to be received and approved by the Town of Los Gatos
before work commences. The Town of Los Gatos reserves the right to require complete,
certified copies of all required insurance policies, at any time.
G. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
EXHIBIT B
EQUAL EMPLOYMENT OPPORTUNITY CONDITIONS
1. GENERAL
From and after the award of the Contract and during the course of the work on the project,
the Contractor shall comply with the following Equal Employment Opportunity Conditions.
2. EQUAL EMPLOYMENT OPPORTUNITY POKY
Contractor adopts and accepts as its operating policy the following statement:
"It is the policy of this company to assure that applicants are employed and that
employees are treated during employment without regard to their race, religion, sex,
color, or national origin. Such action shall include employment, upgrading, demotion,
transfer, recruitment and recruitment advertising, termination, pay, and selection for
training, including apprenticeship."
3. EQUAL EMPLOYMENT_OPMRIUNITY OFFICER
Contractor shall designate and make known to the Director of Parks & Public Works an
Equal Employment Opportunity Officer capable of administering and promoting an active
Contractor program of equal opportunity who will be assigned adequate authority and
responsibility to do so.
4. DISSEMINATION OF POLICY
All members of Contractor's organization with authority to hire, supervise, promote, and
terminate employees, or who recommend such action, shall be made fully cognizant of and
shall implement the Contractor's Equal Employment Opportunity policy: The following
actions shall be taken as a minimum:
A. Periodic meetings of supervisory personnel shall be conducted before start of work and at
least once every three (3) months for the purpose of reviewing and explaining the
Contractor's Equal Employment Opportunity Policy and its implementation. The
meetings shall be conducted by the Equal Employment Opportunity Officer or other
knowledgeable company officials.
B. All new supervisory employees shall be indoctrinated as to the Contractor's Equal
Employment Opportunity obligations within thirty (30) calendar days following their
reporting for duty with the Contractor.
C. The Equal Employment Opportunity Officer or appropriate company official will instruct
all employees engaged in recruitment and hiring as to the methods followed by the
Contractor in recruiting and hiring qualified employees.
5. RECRUITA=
A. When advertising for employees, the Contractor shall include in all advertisements for
employees the notation: "An Equal Opportunity Employer". It shall insert all such
advertisements in newspapers or other publications having a large circulation among
minority groups in the area from which the project work force would normally be
derived.
B. If the Contractor does not restrict individuals who are hired as employees exclusively to
those who are related by blood or marriage to persons possessing an Ownership interest
in the Contractor's business, in those case where the Contractor is not precluded therefor
by a valid collective bargaining agreement, systematic and direct recruitment shall be
conducted through public and private employee referral sources likely to yield qualified
minority group applicants, including, but not limited to State employment agencies,
schools, colleges and minority group organizations. To meet this requirement, the
Contractor shall, through its Equal Employment Opportunity Officer, identify sources of
potential minority group employees and establish with such identified sources procedures
whereby minority group applicants may be referred to the Contractor for employment
consideration.
C. If the Contractor does not restrict individuals who are hired as employees exclusively to
those who are related by blood or marriage to persons possessing an Ownership interest
in the Contractor's business, the Contractor shall encourage present employees to refer
minority group applicants for employment. Information and procedures with regard to
referring minority group applicants shall be provided to such employees:
b. PERSONNEL ACTIONS
A. Wages, working conditions, and employee benefits shall be established and administered,
and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination shall be taken without regard to race, color, religion,
sex, or national origin. The following procedures shall be followed:
1. The Contractor shall conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment
of project site personnel.
2. The Contractor shall periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
3. The Contractor shall periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
Contractor shall promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
4. The Contractor shall investigate all complaints of alleged discrimination made to the
Contractor in connection with its obligations under this contract, shall attempt to
resolve such complaints, and shall take appropriate corrective action. If the
investigation indicates that the discrimination may affect persons other than the
complainant, such corrective action shall include such other persons. Upon-
completion of each investigation, the Contractor shall inform every complainant of
all of his/her avenues of appeal.
7. INING AND M TION
A. If the Contractor does not restrict individuals who are hired as employees exclusively to
those who are related by blood or marriage to persons possessing an Ownership interest
in the Contractor's business, programs designed to increase the skills of all employees
and applicants for employment shall be promoted as follows:
1. Consistent with its manpower requirements and as permissible under Federal and
State regulations, the Contractor shall make fall use of training programs, such as
pre-apprenticeship, apprenticeship, and/or on-the-job training programs for the
geographical area of contract performance.
2. The Contractor shall advise employees and applicants for employment of available
training programs and entrance requirements for each.
3. The Contractor shall periodically review the training and promotion potential of
employees and shall encourage eligible employees to apply for such training and
promotion.
8. UNIONS
If the Contractor relies in whole or in part upon unions as a source of Contractor's work
force, the Contractor shall use its best efforts to incorporate an Equal Employment
Opportunity clause into all union agreements which defines responsibilities for non-
discrimination in hiring, referral, up-grading and training, and otherwise implements an
affirmative anti-discrimination program in terms of the union's specific areas of skill and
geography, to the end that all qualified workers will be available and given an equal
opportunity for employment, and such unions will be contractually bound to refer applicants
without regard to their race, color, religion, sex or national origin. In the event a union is
unable to refer applicants as requested by the Contractor within the time limit set forth within
the union agreement, the Contractor shall, through its recruitment procedures, fill the
employment vacancies without regard to race, color, religion, sex or national origin, making
full efforts to obtain qualified persons.
9. SUBCONTRA TING
The Contractor shall use its best efforts to assure subcontractor compliance with their Equal
Employment Opportunity obligations,
10. NQTICES AND POST
Contractor shall make known its Equal Employment Opportunity responsibilities under this
Contract by the following methods:
A. Executed copies of the Contractor's "Fair Employment Practices Statement" shall be:
1. Conspicuously posted in all areas where job applicants and potential employees
appear for purposes of gaining employment by the Contractor;
2. Conspicuously posted on all employee bulletin boards and in other areas where
employees of the Contractor congregate; and
3. Transmitted to each labor union or representative of workers with which the
Contractor has a collective bargaining agreement or other contract or understanding,
and to all other sources or employee referrals, including schools and employment
agencies,
B. Posters containing the following wording shall be conspicuously posted in all areas
where job applicants and potential employees appear for purposes of gaining
employment by the Contractor " 'e,,)C,{fir is an Equal Employment
Employer."
C. The Contractor's Equal Employment Opportunity policy, as described in Section(b) shall
be distributed in written form to all employees.
11. FAIR EMPLOYMENT PRACTICES STATEMENT
The Contractor shall execute the following Fair Employment Practices Statement:
"Fair Employment Practices Statement": ~ n~JS%G if r i (name of
Contractor) is an Equal Employment Opportunity Employer, as such has adopted the policy
and will take affirmative action to employment without regard to their race, color, religion,
ancestry or national origin. on v az
(date) (Name of Contractor) 'cr..2~ h-n,
was awarded a public works contract by the Town of Los Gatos, a municipal corporation
situated in the County of Santa Clara, State of California, for the work of
~.5„~,_ [,s~71~f3
(Name of Contract). Under said Contract, ' I has agreed to comply with those
Equal Employment Opportunity Conditions described in Exhibit B of the Contract said
project, and has agreed, among other things, that damages will be paid to the Town in event
it is found that the requirements of said Conditions have not been satisfied.
Dated: %f;' Signed: , ,may
12. RECORDS
The Contractor shall keep such records as are necessary to determine compliance. with its
Equal Employment Opportunity obligations under this Contract. Such records shall be
retained for a period of one year following completion of the project. Such records show:
A. The number of minority and non-minority group members employed in each work
classification on the project.
B. The efforts and progress being made in cooperation with unions to increase minority
group employment opportunities. (Applicable only to Contractors who rely in whole or
in part on unions as a source of their work force).
C. The efforts and progress being made in locating, hiring, training, qualifying, and
upgrading employees.
The above-described records, together with the Contractor's records of employment,
employment advertisements, application forms, and other pertinent data shall, upon
request, be opened to inspection and copying by the Director of Parks & Public Works or
the authorized representative, or any other agency of the State of California designated by
the Director of Parks & Public Works, for purposes of investigating whether the
Contractor has complied with the Equal Employment Opportunity conditions of this
Contract.
13. REPORTS
Between the date of the award of the Contract and the date of the commencement of work on
the project, the Contractor shall in conformity and compliance with the directions of the
Director of Parks & Public Works, submit a basic compliance report which shall include the
following:
A. The name, business address and telephone number of the Contractor's Equal Employment
Opportunity Officer.
B. An executed copy of the Contractor's Fair Employment Practices Statement.
C. A description of the Contractor's sources of potential employees, and the identity of the
person or persons who have responsibility for determining who the Contractor will hire
and whether or not to hire.
D. Such evidence as is required by the Director of Parks & Public Works, showing that the
Contractor has notified all supervisors, foremen, and other personnel officers, in writing,
of the content of the Contractor's Equal Employment Opportunity policy.
. ,
E. Such evidence as is required by the Director of Parks & Public Works showing that the
Contractor has transmitted its "Statement of Fair Employment Practices" to all sources of
employee referrals.
F. Such evidence as is required by the Director of Parks & Public Works showing that the
Contractor has posted bulletins, posters, and the "Fair Employment Practices Statement"
in the manner required by these Equal Employment Opportunity Conditions.
14. BREACH:
In the event the Director of Parks & Public Works, as a result of supervising the Contractor's
performance under the Contract or after investigating a complaint by a third party, finds that
the Contractor is or has been in violation of its agreement to comply with these Equal
Employment Opportunity Conditions, notice of such violations shall be filed with the
Director of Parks & Public Works of the Owner and given to the Contractor by depositing
same in the United States mail, postage prepaid, addressed to the last known business address
of the Contractor, with return receipt requested. Not later than fifteen (15) calendar days
after the filing of said notice with the Director of Parks & Public Works, a hearing shall be
held by the Town Council of the Owner for the purpose of ascertaining whether the charges
contained in the notice are true, and, if true, whether the Contractor has failed to make a
reasonable and substantial effort to comply with these Equal Employment Opportunity
Conditions. Notice of the time and place of said hearing shall be given the Contractor not
less than five (5) days prior thereto in the same manner as the notice of violations is given.
During said hearing, the Council shall receive and consider any evidence offered by the
Director of Parks & Public Works, the Contractor, and any third party. At the conclusion of
said hearing, the Council shall determine the matter and it determination shall be final.
If after the hearing above described the Town Council of the Owner determines that the
Contractor has failed to comply with these Equal Employment Opportunity Conditions, and
has failed to make a reasonable and substantial effort to comply with said conditions, the
Contractor shall be deemed in material breach of the Contract. It is understood that the
Owner will have suffered damage by virtue of said breach; and it being impractical and
unfeasible to determine the amount of actual damage, it is agreed that the Contractor shall
pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of Fifty Dollars
($50.00) for each calendar day during which the Contractor is found to have been in
noncompliance. Such monies may be recovered from the Contractor and its surety. The
Owner may deduct any such damages from monies due the Contractor.
15. DISQUALIFICATION FROM FUTURE CONTRACTS
A finding by the Town Council of the Owner that the Contractor has failed to comply with
these Equal Employment Opportunity Conditions and has failed to make a reasonable and
substantial effort to so comply, or a finding of willful violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act, or similar provisions of
Federal law or Executive Order, in the performance of work on the proj ect shall be deemed a
basis for determining the Contractor to be not a "responsible bidder" as to future contracts for
which the Contractor may submit bids. A finding of willful violation of the
nondiscrimination provisions of the State of California Fair Employment Practices Act shall
be deemed to have occurred upon receipt by the Owner of written notice from the California
Fair Employment Practices Commission that it has investigated and determined that the
Contractor has violated said Fair Employment Practices Act and has issued an order under
Government Code Section 12970, or obtained judgment and order of enforcement under
Government Code Section 12973.
16. OTHER REMEDIES:
Nothing contained in these Equal Employment Opportunity Conditions shall be construed in
any manner or fashion so as to prevent the Owner from pursuing any other remedies that may.
be available at law or in equity.
LANDSCAPE AND LIGHTING DISTRICT - SCOPE OF SERVICES
Blackwell Drive
Trash and weed control shall be performed on a bi-weekly basis. Irrigation shall be kept in
working order. Perform any irrigation repairs. Shrubbery shall be pruned to maintain structural
integrity and promote aesthetics.
Gemini Court
Trash and weed control shall be performed on a bi-weekly basis. Irrigation shall be kept in'
working order. Perform any irrigation repairs. Blow all hardscape areas. Keep trees 8 feet above
sidewalk. Shrubbery shall be pruned to maintain structural integrity and promote aesthetics.
Maintain pathway lighting.
Kennedy Meadows
On a bi-weekly basis maintain the trail free of debris, raise trees over the trail, keep weeds at
least two feet from the trail, and mow all open space weed areas so the weeds are no taller than 3
inches high. Keep brush and weeds 10 feet away from fence at 101 Forrester Court. Fill dogi-pot
dispenser as needed.
Santa Rosa Heights
Maintain the trail safe and free of debris. Keep trees at least 8 feet above trail. Keep weeds and
brush at least 2 feet off the trail. See trail aerial. Maintain a safe fire safety zone as required on
the enclosed attachment.
Hillbrook
Trash and weed control shall be performed on a bi-weekly basis. Irrigation shall be kept in
working order. Perform any irrigation repairs. Mow and edge turf. Shrubbery shall be pruned to
maintain structural integrity and promote aesthetics.
Blossom Hill Road at Roberts Road (Vasona Heights)
Blossom Hill Road Section
Keep all landscape areas trash and weed free. Shrubbery shall be pruned to maintain structural
integrity and promote aesthetics. The contractor is responsible for maintaining the irrigation
system in working order. Blow all hardscape areas. Maintain pathway lighting.
Los Gatos Creek Trail Section
Keep trail trash free. Maintain at least a two foot area off the trail weed free. Keep all trees 8 feet
above trail. Blow trail.
Zach Smith HD:Users:zacharysmith:Documents:Microsoft User Data:Saved Attach ments:LANDSCAPE AND LIGHTING DISTRICT SCOPE
OF WORIC.doc
MAY-14-2008 11:13 LANDSCAPE MANAGEMENT SVCS
rk
' Landscape
Management
Set vhfe5
14oe2776391 P.02
May 9, 2008
^
'fawn of Lea Gatos
Public Works Department
C/O Mr. Tim Bayer
41 Miles Avenue
Los Gatos, CA 95031
.w
11
.
r
RE: Litouing and Laodscaping District Maintmance
'S,7
Dear Mr. Huyrr:
This letter is in responsc to your request for a breakdown of price by location- Thank you
' j
for allowing Landwapc Management Services to bid your project.
Our fee* to purfotm the work us specified in the Scope of Services datod May 9, 2005
For:
Blackwell Drive
$1723.00
'
Gemini Court
$2425.00
Kennedy Meadows
$4593.00
'
SWA Rosa Heights
$7933.00
Hillbrook
$31 U4.00
Blossom Hill Road at Roberts Rood (Vastnra Heights)
W56.00
Total Annual Cogt
S24,Z3ALQQ
"All prices are tamed for lfie term nf.jvly 12E108 to June 30 2009
N
I ryuu have any questions or conocrna, ploue feel free to give me a call at your
'
conveniencc. I am happy to clarify any itomx
:f'F +
Zachary Smith
-i Vi
Horticulturist
FFFFF
.
.e, y.,n
r;4
1011 Torch 13th Strccf - S1M1 J0ze, CA 9511! • AUlS•YIl-e;3g0 • FAY dC~R.].77-ii391 Eic. Nu.•G1G973'
www,la.nd3rapcmanLigemant.corn
ATTACHMENT 3
.v
. I
• I
TOTAL P.02