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TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to authorize the City Manager to execute Agreement File No. 464.4 with Good Soil Industries, Inc., dba Kingdom Causes, for On-Call Landscape Maintenance
Services.
DATE:May 27, 2025
EXECUTIVE SUMMARY
This action would approve Agreement File No. 464.4 with Good Soil Industries, Inc. dba Kingdom Causes, in an amount not-to-exceed $200,000 for City-wide On-Call Landscape Maintenance Services.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 464.4 with Good Soil Industries, Inc., dba Kingdom Causes, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The maximum task order amount under the Agreement will be $60,000. The hourly rates for Landscape Maintenance Services vary depending on the personnel and equipment utilized for each task order. Personnel and equipment rates are noted in Exhibit A of the agreement. Project-specific landscape maintenance services will be paid out of the respective Capital Improvement Project accounts while non-project-specific landscape maintenance services would be paid out of Account No.010-42054-3100 if street or right-of-way related and Account No. 010-42054-3900 or 010-460XX-3900 if facility or park related.
DISCUSSION
In-line with the City Council’s Strategic Plan, this agreement for on-call landscape maintenance services would allow staff to utilize the services provided by Good Soil Industries, Inc. to perform landscape maintenance and beautification improvements at various locations throughout the City. Projects such as spreading of mulch and/or organic material, replanting flower beds and addressing landscape needs for small pocket park areas such as Library Gardens, Flora Vista/Woodruff fountain and the PE Depot would be common projects that Good Soil Industries perform.
ATTACHMENT
Agreement File No. 464.4 ............................................................................................... 2 -1-
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AGREEMENT FILE NO.464.4
MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
GOOD SOIL INDUSTRIES dba KINGDOM CAUSES
FOR ON-CALL LANDSCAPE MAINTENANCE SERVICES
THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this 27th day of May 2025, by and between the CITY OF BELLFLOWER, municipal corporation and a charter city (“CITY”) and Good Soil Industries dba Kingdom Causes, a Corporation in the State of California (“CONTRACTOR”).
The Parties agree as follows:
1.CONSIDERATION.
A.As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below;
B.As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR’s services not to exceed a total of $200,000 for the work.
CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “A – Landscaper Labor and Equipment Rate Sheet,” which is incorporated by reference.
2.TERM.
A.The term of this Agreement will be from June 2, 2025 to June 1, 2026. The Agreement may be renewed upon mutual consent of the parties by amending this Agreement.
3.SCOPE OF SERVICES.
A.This Agreement may be used for “maintenance services” which include the following:
1.1.1 Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. i.Minor repainting.
ii.Resurfacing of streets and highways at less than one inch. iii.Landscape maintenance.
iv. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems and electrical transmission lines of 230,000 volts and higher.
v.Carpentry, electrical, plumbing, glazing, and other craftwork. -2-
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B.CONTRACTOR will perform the maintenance services listed in the attached Exhibit “A - Landscaper Labor and Equipment Rate Sheet,” which is incorporated by reference. The provisions contained in this Agreement supersede any conflicting provisions in Exhibit A – Landscaper Labor and Equipment Rate Sheet.
C. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
4.PREVAILING WAGES. This Agreement is for a “maintenance project” as defined by Bellflower Municipal Code (“BMC”) § 3.30.020. Accordingly, it is not a public works project for which prevailing wages must be paid in accordance with BMC § 3.30.120.
5.PAYMENTS.
A.For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY
B.CITY’s City Manager may make payments up to $60,000 for special items of work not included in the project scope of work and services. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
6.FAMILIARITY WITH WORK.
A.By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:
i.Thoroughly investigated and considered the scope of services to be performed; and
ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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B.If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR’s own risk until written instructions are received from CITY.
7.INSURANCE.
A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability $2,000,000
Automobile Liability $1,000,000
Workers compensation Statutory requirement
B.Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the -4-
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insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
E.Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
8.TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until:
A.CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and
B.CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk.
9.TERMINATION.
A.Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing.
B.CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
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10.INDEMNIFICATION.
A.CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B.For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C.It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
11.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
12.NOTICES.
A.All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY’s and CONTRACTOR’s project managers. Notice sent by mail will be addressed as follows:
If to CONTRACTOR:If to CITY:
Attention:Andrew San Nicolas Attention:Len Gorecki
Good Soil Industries City of Bellflower
16429 Bellflower Blvd.16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
(562) 804-2189 (562) 804-1424
[email protected] [email protected] -6-
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B.When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
14.WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
16.SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
17.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
18.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
20.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s city manager may execute any such amendment on behalf of CITY.
21.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the -7-
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Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
22.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
23.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
24.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
25.ENTIRE AGREEMENT. This Agreement and its attachment(s) constitute the sole agreement between CONTRACTOR and CITY respecting on-call landscape maintenance services. To the extent that there are additional terms and conditions contained in the exhibit(s) that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER GOOD SOIL INDUSTRIES
___________________________________________________________ Ryan Smoot, City Manager Andrew San Nicolas, Executive Director ATTEST:
___________________________Taxpayer ID No.95-4849998
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Landscaper Labor and Equipment Rate Sheet
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Good Soil Industries dba of Kingdom Causes Bellflower
16429 Bellflower Blvd. Bellflower, CA. 90706
562.804.2169
Landscaper Labor and Equipment Rate Sheet
City of Bellflower, CA
Labor Rates:
1. General Laborer:
- Hourly Rate: $25.00
2. Skilled Laborer:
- Hourly Rate: $35.00
3. Supervisor:
- Hourly Rate: $45.00
Equipment Rates:
1. Lawn Mower:
- Daily Rate: $50.00
- Weekly Rate: $200.00
2. Leaf Blower:
- Daily Rate: $30.00
- Weekly Rate: $120.00
3. Hedge Trimmer:
- Daily Rate: $40.00
- Weekly Rate: $160.00
4. Weed Eater:
- Daily Rate: $40.00
- Weekly Rate: $160.00
5. Edger:
- Daily Rate: $40.00
- Weekly Rate: $160.00
6. Chainsaw:
- Daily Rate: $60.00
- Weekly Rate: $240.00
7. Dump Trailer:
- Daily Rate: $300.00
- Weekly Rate: $1,200.00
Additional Services:
1. Tree Removal: (under 10 feet)
- Per Tree: $150.00
2. Sod Installation:
- Per Square Foot: $1.50
3. Mulching:
- Per Cubic Yard: $75.00
Notes:
- Rates are subject to change based on
project scope and specific requirements.
- Additional charges may apply for
specialized equipment or services not
listed.
AGREEMENT FILE NO. 464.4
EXHIBIT A
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