City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
FIRST AMENDMENT
TO CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER
SERVICES AGREEMENT WITH GEOCAL ENVIRONMENTAL MANAGEMENT &
LANDSCAPING TO PROVIDE ON-CALL OPEN SPACE LANDSCAPE SERVICES
This FIRST AMENDMENT “Amendment” is entered into effective as of May 9, 2023 (“Effective Date”) by and between the City of Chula Vista (“City”) and GeoCal Environmental Management & Landscaping , a California corporation (“Contractor”), (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City and Contractor/Service Provider previously entered into City of Chula Vista Contractor/Service Provider Services Agreement with GeoCal Environmental Management & Landscaping to Provide On -Call Open Space Landscape Services “Original A greement” on December 3, 2019; and
WHEREAS, the term of the Original Agreement does not expire until December 31, 2024; and
WHEREAS, the Original Agree ment included a maximum not -to-exceed amount of $1,000,000; and
WHEREAS, Contractor/Service Provider has consistently been the lowest bid of the City’s on-call contractors for several on -call tasks, which has resulted in a higher actual usage than anticipated in the Original Agreement; and
WHEREAS, due to the higher than anticipated usage, Contractor/Service Provider has nearly reached the $1,000,000 maximum not-to-exceed amount in the Original Agreement; and
WHEREAS, the City desires to increase the maximum not-to-exceed amount to $2,000,000 over the life of the agreement to allow for an expanded number of on-call landscape services to be provided by Contractor/Service Provider.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Contractor/Service Provider agree to amend the Original Agreement as follows:
1. Exhibit A, entitled Amended and Restated Scop of Work and Payment Terms is hereby attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
3. Each party represents that it has full right, power, and authority to execute this FIRST Amendment and to perform its obligations hereunder, without the need for DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75 City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so.
[End of Recitals. Next Page is Signature Page.]
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75 City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
SIGNATURE PAGE TO FIRST AMENDMENT
TO CONTRACTOR SERVICES AGREEMENT
WITH GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING TO
PROVIDE ON-CALL OPEN SPACE LANDSCAPE SERVICES
GEOCAL ENVIRONMENTAL
MANAGEMENT & LANDSCAPING
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
ALYCE FRAHER JOHN MCCANN
OWNER MAYOR
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
JILL D.S. MALAND
LOUNSBERY FERGUSON ALTONA & PEAK
ACTING CITY ATTORNEY
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75
City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
EXHIBIT A
AMENDED AND RESTATED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
ANGELICA AGUILAR, ASSISTANT DIRECTOR OF PUBLIC WORKS
1800 MAXWELL ROAD, CHULA VISTA, CA 91911
(619) 397-6088
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Contractor/Service Provider Contract Administration:
GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
ALYCE FRAHER, OWNER
320 TROUSDALE DRIVE, SUITE K
CHULA VISTA, CA 91910
(619) 319-0451
[email protected]
For Legal Notice Copy to:
ANGELICA DOLTER, EXECUTIVE ASSISTANT
320 TROUSDALE DRIVE, SUITE K
CHULA VISTA, CA 91910
(619) 319-0451
[email protected]
2. Required Services
A. General Description:
Contractor will provide on-call open space landscape services as required at the direction and to the satisfaction of the Director of Public Works, in accordance with the Contract Documents.
Services will vary with each Task Order. Typical projects for which Contracting Services may be required include: landscape improvements, repair of irrigation systems, Decomposed Granite (DG) trail restoration/repair, mulching, weed control and brush abatement services, and erosion control services.
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75 City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
B. Detailed Description:
The number and scope of projects and assignments for which Contractor services are required will vary from year-to-year.
Contractor acknowledges and agrees that service requests from the City under this Agreement will be on an “as-needed” and/or per project or assignment basis at the sole discretion of the City. Contractor acknowledges and agrees that the City is not required to request any services from Contractor under this Agreement. Contractor acknowledges and agrees that it is not entitled to any compensation under this Agreement until such time that it has provided Required Services as explicitly authorized and approved by the City via Purchase Order.
The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill, and services necessary to complete, in a good and workmanlike manner, all required landscape services. Contractor will provide the following services as needed:
• Design-build landscape projects and renovations to include, but are not limited to:
planting of trees, lawns, shrubs, groundcovers, and installation of boulders and rock features.
Projects may incorporate the removal or clearing of existing landscape. • Installation and repair of irrigation systems, irrigation conversions, controller conversions, irrigation appurtenance repair and water auditing. • Installation and repair of Decomposed Granite (DG) trails and paths, which may include installation of rock and gravel groundcovers.
• Installation of mulch groundcovers for weed suppression, water retention, and erosion control.
• Installation of erosion control Best Management Practices (BMP’s) such as straw wattles, rocks, sandbags, and silt fencing.
• General landscape maintenance services, which may include, but are not limited to: week control/abatement, mowing, general clean-up, and fire protection brush clearing.
Services will vary with each Task Order depending on the needs of the City.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 3, 2019 and end on December 31, 2024 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein required, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts as indicated below:
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75 City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
See Exhibit D for applicable Hourly Rates under this Agreement. The Contractor and City will negotiate the scope and fees for each task order on a project-by-project basis using the hourly billing rates specified in Exhibit D.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2024 shall not exceed $2,000,000.
5. Special Provisions:
☒ Permitted Sub-Contractor/Service Providers: None
☒ Security: Contractor/Service Provider shall provide a payment or labor and materials bond in an amount of at least 100 percent of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 9550.
☒ Other: Department of Industrial Relations (DIR)/Prevailing Wages Contractor and each of its subcontractors of every tier shall comply with all Federal and State law prevailing wage requirements for all persons employed to perform the Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the Department of Industrial Relations (DIR) and are available at the City and on the DIR’s website.
Prior to commencing the Required Services, the Contractor shall provide the City with a list of its subcontractors and the classifications and wages of workers that will be employed to perform the Required Services. If the Contractor desires to modify the list during the term of the Agreement, Contractor shall immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements, Contractor shall be registered with the DIRS’s online registration of contractors and shall furnish and submit certified payrolls and other required documentation directly to the DIR. Contractor and its subcontractors of every tier shall comply with all requirements of Labor Code section 1776.
This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1771.4.
In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the following in its performance of the Required Services:
• Labor Code 1810: Hours in legal day’s work;
• Labor Code 1813: Penalty for exceeding legal day’s work; and • Labor Code 1815: One and one-half time rate of pay.
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75 City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16
Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes the City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section shall be construed to in any way limit Contractor’s obligations to comply with any applicable Federal, State, or local law or regulation.
Employment of Apprentices
Contractor and its subcontractors of every tier shall comply with all requirements for employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections 1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR.
Non-Collusion Affidavit
Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit E.
Workers’ Compensation Insurance Declaration
Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, in the form attached hereto and incorporated herein as Exhibit E.
DocuSign Envelope ID: 1099172D-3A76-4D4E-B344-707937681B75