13 Staff Report - Landscape Maintenance ServicestWN OF MEETING DATE: 6/15/09
ITEM NO:
ias ~AoS COUNCIL AGENDA REPORT 13
DATE: JUNE 1, 2009
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 TWO LANDSCAPE AND LIGHTING DISTRICTS IN THE
TOWN OF LOS GATOS IN AN AMOUNT NOT TO EXCEED $24,234,
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 the two
Landscape and Lighting Districts in the Town of Los Gatos in an amount not to exceed $24,234.
BACKGROUND:
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 fiom July 1, 2007
through June 30, 2008 (Attachment 2). In June 2008, the Town entered into an Amendment to
the original contract Agreement for a one year period from July 1, 2008 through June 30, 2009
(Attachment 3).
The Town of Los Gatos has been using contractors to perform maintenance services for the two
Lighting and Landscape Districts, which are comprised of six property zones. The property
owners in each Lighting and Landscape District pay for this service, and the Town administers
the maintenance contracts.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by. Assistant Town Manager l~Town Attorney
Clerk Administrator i Finance Community Development
N;IPPMMANAGFMFNTICOUNCiL\COUNC[L RFPORTS12009 reporlsUune 151LLD.Lands capc.nigmLAmnd.to.Agrnit.061509.doc
PAGE 2
MAY 20, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND
LIGHTING DISTRICTS
DISC`,T SSTOW-.
Landscape Management Services has been providing landscape maintenance services for the two
Landscape and Lighting Districts which include the following zones; Blackwell Drive, Gemini
Court, Kennedy Meadows, Santa Rosa Heights, Hillbrook Drive, and Vasona Heights. Staff
continues to be satisfied with Landscape Management Services and desires to continue working
with this vendor.
Additionally, through discussion with the vendor, staff has determined that Landscape
Management Services will extend the contract for one more year of services at the current
Schedule of Charges (Attachment 4).
CONCLUSION:
Staff recommends that Council adopt the attached Resolution (Attachment 1) authorizing the
Town Manager to execute an Amendment to the contract agreement (Exhibit A) with Landscape
Management Services for one more year from July 1, 2009 through June 30, 2010 in an amount
not to exceed $24,234.
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 for the period of July 1, 2007 through June 30, 2008
3. Amendment of July 1, 2008 through June 30, 2009
4. Current Schedule of Charges
ATTACHMENT 1
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 TWO LANDSCAPE AND LIGHTING DISTRICTS
IN THE TOWN OF LOS GATOS IN AN AMOUNT NOT TO EXCEED $24,234
WHEREAS, it is necessary for the Council to secure a landscape maintenance
contractor to provide landscape maintenance services for Landscape and Lighting Districts
comprised of 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, 2009 through June
30, 2010 in an amount not to exceed $24,234.
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 two 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 15"' day of June, 2009, 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
Exhibit A
AMENDMENT TO CONTRACT AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this day of June, 2009,
by and between the Town of Los Gatos, State of California, herein called "Town," and,
Landscape Management Services, herein called "Contractor."
RF.CTTAT.C
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 wliich is attached hereto as (Attachment 2) and incorporated
herein by reference.
B. Town and Contractor entered into an Amendment to the Contract Agreement in June 2008
extending the terms of the contract through June 30, 2009 a copy of which is attached
hereto as (Attachment 3) and incorporated herein by reference.
C. 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, 2009 through June 30, 2010.
2. The Agreement is hereby amended to include the current schedule of charges
(Attachment 4).
3. The Agreement is hereby amended to revise the mailing address and contact information for
Landscape Management Services to the following;
Michael Aguilera
1071 North 13a' Street, San Jose, CA 95112
4. 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
Landscape Management Services, by:
(Signature)
Recommended by: (Print Name)
Todd Capurso (Address)
Director of Parks and Public Works
ATTEST:
Town of Los Gatos, California
Jackie Rose, Clerk Administrator
Approved as to Form:
4iry P. Korb, Town Attorney
ATTACI3NIENT 2
AGR F
J 0
' IHH
ORD
RFC
CONTRACT IRESO
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:
SCOPE OF WORK
Contractor shall furnish all materials and perform Landscape Maintenance services for the
locations outlined in (Exhibit C) attached.
A. Seope. of Services:
Contractor shall furnish all labor, materials, and supervision to maintain the locations to the
satisfaction of the Parks Superintendent.
B. Desio 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 'D'own 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. Term 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 full force and in effect until June 30,
2005, with yearly renewal based on performance evaluation.
2. CONTRACT PRICE
As full compensation for furnishing 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: $24,233.76 for one year.
ATTACHMENT 2
C Blackwell Drive
• HiIlbrook Drive
• Santa Rosa Heights
8 Gemini Court
• Kennedy Meadows
Vasona Heights:
$143.58 per month
$258,66 per month
$661.08 per month
$202,08 per month
$382,75 per month
$371.33 per month - '
One year from 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 rose, 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/Statem exits :
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
3. WOIIK SCHED C1LE
ST.&TEMENTS:
Town of Los Gatos
Attn; Finance Department
P.O. Box 655
Los Gatos, CA 95030
Contractor shall notify owner what day maintenance will take place at the locations described in
Section 1, Scope of Worlc.
4. CHANGE ORDERS
All changes to this contract shall be in writing and signed by the Owner and the Contractor.
5. BEGINNING OR 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
Coaractor 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
darnages 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:
Jf 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 sure 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.
8. LICENSE
The undersigned is licensed in accordance with State Law providing for the registration of
Contractors, License No. C (63 (A °B" License is required.). The License expiration
date is '-Z/3' I . 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 unposed 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 xcpresentations made by Contractor regarding
the license are urider penalty of perjury.
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 amenchnents 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 ox 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 WORSE SUBCONTRACTOR ADDRESS
11. WARRANTY
Contractor shall remedy any defects due to faulty materials and/or workmanship anal 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
Owiler, 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
circurastances involved, and not within the parties', shall not be construed to precludelhe 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.
Y s [
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. ASSIGN YIENJ` 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
urider the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code], axising -kom 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 Goveromcnt 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, ht/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 cffectivc 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 thro-agh Friday. Other hours
must be specifically approved by the Director of Patks 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.
Pursriant to Section 1770 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 genexal determinations effective at the time of the calls for bids.
21. WA-1VER
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. FNTIRT AGREEMENT AND AMENDMENT
This Agreement including Exhibits A, 13, 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 skull not be amended except in writing approved
the Owner and Contractor.
, 7„
IN WITNESS WHEREOF, t.- 2pardes hereto have executed this Agre,.nent as of the _
of 2007.
Town of Los GATos, by.
pcx'r-~ :4 d-x, rek)v
Debra J. Figone, Town Mazag by: Landscape Management
- REcm IYmE-NDED BY:
Kevin Rohani
Interim Director of Parks and Public Works
APPRaVEA AS TO NORM:
Orry 'K r , Town A orney
day
(Signature)
(Title)T
(Business Address Here)
3kt. UCA q`~'J 3
ATTEST.
P -.0
Jackie ose (Contractor's License Number)
C drninistrator
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 forth 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 I "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.WDRK
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 lirnit 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. DEDUCTIl3LE5 AND-8ELF--A YJRF ! TENTIONS
Any deductibles or sclf 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 Las 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. HER INSURANCF, PROVISIQ
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 sliall 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 dEIl`FSM
Insurance is to be placed with insurers with a Best's rating of no less than B+.
F. VERIFICATION OF COVERA( F
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. SUB ONTRACTO
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 E QPPORTUNITY POLICY
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."
I EQUAL EMPLOYMENT OPPORTCMY OIVO R
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. PJSSEMjNATION 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 supcrvismy 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.
13. 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. RECRUITMENT
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;
f. PERSONNEL ANIONS
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:
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 persorazel,
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.
d. 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. THA.~NING AND PRO TOTION
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 full 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
tr airing 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. INNS
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 agreeinents which defines responsibilities for non-
discrimination in hiring, referral, up-grading and training, and otherwise implements an
affirmative anti-discrimination program in tclins 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. SUBCONTRACTING
The Contractor shall use its best efforts to assure subcontractor compliance with their Equal
Employment Opportunity obligations,
10. NOTICES AND POSTERS
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:
L 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. Postexs 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 " L6rdsc1p Aeavi V?4 " 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 EMPLOYXNT PRAC S STATEMENT
The Contractor shall execute the following Fair Employment Practices Statement:
"Fair Employment Practices Statement", LI)d5c(~t may _ (Dame of
Contractor) is an Equal Employment Opportunity Employer,ras such has adopted the policy
and will take affirmative action to employment without regard to their race, color, religion,
ancestry or national origin. on fbr a'f,
(date) (Flame of Contractor)r~r.. h ~'~~'~lr
was awarded a public works contract by the Town of Los Gatos, a mun.ici~al corporation
situated in tb~e County of Santa Clara, State of California, for the work of ern E. S, ✓
(Name of Contract). Under said Contract, IIA - ~ , 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: Signed;
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. Xt~
Between the date of the award of the Contract and the date of the commeneem.ent of work an
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. REACH:
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 beta 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 tirne 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 pally. At the conclusion of
said hearing, the Council shall determine the matter and it detezmination shall be final.
If after the hearing above described the Town Council of the Owner detennines 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 rnorries may be recovered from the Contractor and its surety. The
Owner may deduct any such damages from monies due the Contractor.
15. DIS U IFICA LQN FROM FUTUItL CaN'1'RA-CTS
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 Eraploymeut Practices Act, or similar provisions of
Federal law or Executive Order, in the performance of work on the project 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 Fait' 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
Goverment 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 lie 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.
Gcrr. ni 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 feuce- at 101 Forrester Court, Pill. dogi-pot
dispenser as needed.
Santa Rosa Hei hts
Maintain the trail safe and free of debris. Deep trees at least S feet above trail. Deep 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
Yaintain structural integrity and promote aesthetics.
Blossom Hill Road at Roberts Road (Vasona Heights)
Blossom Hill Rnad 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.
Zarb Smith HD:Users:aachatysmith;Documents_ivlicrosoft User Data:Savcd Attaclime.nts:LANDSCAPE AND LIG4-ITWG DISTRICT SCDPE
OF WOR-K.dar.
ATTACHMENT 3
CLERK DEPARTMEN T
AMENDMENT TO CONTRACT AGREEMENT AGR 1131'1
IHH _
TIIIS AMENDMENT TO AGREEMENT is entered into this I Ry of
2008, by and between the Town of Los Gatos State of
called Tovs+n, and ,Landscape Management Services, herein called Contr c~
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
i, The Agreement is hcrcby amended to extend the agreement for a period of one more year
from .lulyl, 2008 through Tune 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
Recommy /
Kevin Rohani
Interim Director of Parks and Public Works
Landscape Management Services
/V.
iL~Sigpature)
(Print Nune)
(Address) fi.v
ATTEST:
Town of Los Gatos, California
Jackie )se, Clerk Administrator
Approved as to Form:
On-y P. Korb, Town Attorney
Revised: 11104104
N-MMOINFFRINGICOUNCIL RFPORTSVandscape.mgmt.2nd.amcnd.lo.agr.620R.doc
MAY--14-2008 11:13 LRNDSCRPE MANAGEMENT SVCS
I:
Landscape
Management
a:='f Services
%
May 9, 2008
Town of Los Gatos
'
Public Works Department
Cllr Mr. Tim Boyer
41 Mitts Avenue
Los Gatos, CA 95031
;
.
RE: Lighiing snit Lamlacaping District Maintont mac
ATTACHMENT 4
Dear Mr- Ruyei.;
Tli is Icttcr is in response to your request for a breakdown of price by loca2lon-Thank yna
for allowing Landscape Mana, eCment SWIC08 to bid your proTeot.
Our fee' to perform the work no specified in the Scope of Services datrd May 9, 2008
I T;
For:
r'
Blackwell Drive
11723,04
Gemini Court
24Z5.00
-
Kennedy Meadows
$4593.00
'
8mita Rosa Hei&s
57933.00
Hillbrook
t Fi'
A Rb H
93IU4.UU
9, Sf CIA
a
B ossam jlI lto at o erts R . nnu (Vaauna eig!o) 44 .
• Total Annual Cost 524,234,00
'All prices are fixed fur (Im let-m nfJuily 1.2008 to ,Tune 30 2009
GP
y~ liv
'fA
U
TCyuu have any guostions or eorlccma, piece; reel free to give me a call at your
convenience. I =happy to clarify any item.
Lachary Smith
Horticult=ist
1011 North 13th Strcct • San Sara, CA 451 I Z • 4UU-Z/J-6390 • Foy- a[ut-7,77-11301 LIC. Nu; 1t 637'6
vwrw, landscnl5cmanngcmcnt.co~•n
.a
1.
TOTAL P. 2