Agenda Item A.7
CPMS CONSENT CALENDAR
Meeting Date: November 1, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: George Thomson, Parks and Open Space Manager
SUBJECT: Award of General Services Agreement with Enviroscaping, Inc. for Landscape Maintenance Services for City-Owned Parks for F iscal Years 2023-2025
RECOMMENDATION:
Approve and authorize the City Manager to execute a General Services Agreement with Enviroscaping, Inc . to provide landscape s ervices at City -owned lands, for a not-to- exceed amount of $1,709,401 for Fiscal Years 2023-2025 with a termination date of June 30, 2025.
BACKGROUND:
The City of Goleta (City) owns and maintains 16 City parks , the grounds at the Stow House and the South Coast Railroad Museum, and several hundred acres of defensible space to reduce the risk of wildfire at 14 City open spaces. Daily and seasonal landscape maintenance is necessary to ensure these public recreation areas and associated facilities are aesthetically-pleasing, safe, and clean for the community’s enjoyment. Most of the landscape services are performed by private contractors and managed by the City’s Parks and Open Space Division.
The City conducted a Request for Bid (RFB) process in April 2017 to solicit a private landscape contractor to perform all landscape maintenance in City parks. Based on the results of that RFB process, the City contracted with Brightview Landscape Services (Brightview) from 2017-2022 for landscape maintenance services. The contract amount was $109,800 per year to maintain landscaping at all 16 City parks, the library, and the grounds at the Stow House and the South Coast Railroad Museum , which totals about one hundred acres . Brightview provided less than two full -time staff to perform maintenance required under the contract. For comparison, Girsh Park, a privately -run, approximately 25 -acre property spends roughly $180,000 per year on landscape maintenance and has three full-time contracted landscape maintenance staff provided by a private contractor. City park landscape maintenance requires a higher level of effort than the current contract amount to maintain baseline conditions. In addition, as irrigation 1 Meeting Date: November 1, 2022
systems and plants age, deferred maintenance accrues, a nd drought persists, the condition of City park landscapes will decline unless more resources are dedicated to daily landscape maintenance and renewal.
In July 2022, City st aff conducted a formal Request for P roposals (RFP) solicitation process for landscape maintenance services to ensure competitive pricing. Based on the results of the RFP process, staff recommend entering into a three -year agreement with Enviroscaping, Inc. (Enviroscaping) to perform a higher level of landscape maintenance in City parks and at the Stow House and the South Coast Railroad Museum grounds.
DISCUSSION:
The RFP for park landscape maintenance was advertised in the Santa Barbara Independent and the online bid board PlanetBids on July 21, 2022 . To increase awareness about the opportunity, City staff contacted all green landscape maintenance service companies listed on the Internet in Santa Barba ra County and all landscape maintenance service companies with a valid City business license.
The advertised scope of work for the contract includes:
Maintenance of trees up to 12 feet from the ground, drainage facilities, walkways, tot-lots, shrub beds, ground cover, tennis courts, and parking lots Defensive space mowing to protect against wildfire
Turf care, including re-seeding bare areas, aerification, dethatching, and fertilizing Replanting trees
Repair of existing irrigation systems.
A full, detailed scope of work, monthly and seasonal scheduling requirements, and other accountability measures are included in Exhibit A of the General Services Agreement.
On the August 16, 2022, four proposals in response to the RFP were received:
Enviroscaping, Inc.
Elite Maintenance & Tree Service
Brightview Landscape Services, Inc.
Breathtaking Landscaping, Inc.
The proposals were evaluated independently by three City staff . To determine the most qualified company, proposals we re scored according to criteria published in the RFP , including: (1) total cost; (2) company qualifications and experience ; (3) equipment and products; and (4) staffing qualifications and experience. Based on th e scoring criteria, Enviroscaping was determined to be the most qualified contractor and are recommended to provide landscape maintenance services in City parks.
A summary of the cost proposals received for green landscape maintenance services for parks is shown in the following table:
2 Meeting Date: November 1, 2022
Company Name Annual Base Cost Proposal
Enviroscaping, Inc. $524,900
Elite (EMTS) – Maintenance & Tree Service $539,822
Brightview Landscape Services, Inc. $558,711
Breathtaking Landscaping, Inc. $300,000
The contract term is November 1, 2022, through June 30, 2025, subject to annual budget adoption by City Council . Should the City want to continue services with Enviroscaping beyond June 2025, a three -year con tract extension option is available upon mutual agreement and approval by City Council. Since this is a longe r-term agreement, the contract also includes a three (3) percent hourly rate increase per year to provide for an equitable cost -of-living wage adjustment and to address future operating cost uncertainties for the contractor.
FISCAL IMPACTS:
The annual contract amounts are summarized in the table below.
Proposed Contract Amounts Per Fiscal Year
Fiscal Year Base Contract Annual On
Call Work
Materials
Cost Total
FY 22-23 $357,760 $35,000 $9,860 $402,620
FY 23-24 $552,739 $80,000 $9,860 $642,599
FY 24-25 $569,321 $85,000 $9,860 $664,182
Total $1,709,401
The base contract amount for FY 22-23 only covers the eight months remaining this year, November 1, 2022 through June 30, 2023 . A three percent cost of living increase is included for FY 2023-2024 and FY 2024-2025 to accommodate the likely cost increases for the contractor. The table below summarizes the current FY 22-23 budget programmed for this service. If the contract is approved, the FY 23 -24 and FY 24 -25 budget will be programmed accordingly.
Fiscal Year 22-23 Funding Sources
Fund
Type
GL
Account
Current
Budget
YTD Actuals/
Encumbrances
Contractual
Amount
Total Available
Budget
Remaining
General
Fund
101-50-
5400-51300 $554,500 $88,126 $402,620 $63,754
ALTERNATIVES:
Council may choose to not enter into this contract and direct staff to conduct another request for proposals. However, doing so would delay landscape maintenance services and may not necessarily yield more cost effective proposals.
3 Meeting Date: November 1, 2022
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. General Services Agreement with Enviroscaping, Inc. for Landscape Maintenance Services at Parks and Other City-Owned Lands for Fiscal Years 2023-2025
4 ATTACHMENT 1
General Services Agreement with Enviroscaping, Inc. for Landscape Maintenance Services at Parks and Other City-Owned Lands for Fiscal Years 2023-2025
5 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Project Name: Landscape Maintenance for City Parks
AN AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
ENVIROSCAPING, INC.
THIS GENERAL SERVICES AGREEMENT (“Agreement”), made and entered into thi s 1st d ay of November, 2022, by and between the CITY OF GOLETA, a mu nicipal corporation (hereinafter referred to as "City"), and Enviroscaping Inc. , a California corporation (hereinafter referred to as "Service Provider").
SECTION A. RECITALS
1. T his Service Provider will be providing landscape maintenance services in conjunction with the Landscape Maintenance for Parks project; and
2. Service Provider represents that it is sufficiently experienced and capable of providing the services agreed to herein and are sufficiently familiar with the needs of the City; and
3. Service Provider was recommended for award of this Agreement in compliance with Goleta Municipal Code Section 3.05.080.
4. T he City Council, on this 1st day of November, 2022, approved this Agreement and authorized the City Manager to execute the Agreement.
SECTION B. TERMS
1. R
ETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform landscaping maintenance, as requested, and attached herein as Exhibit “A” . Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.
2. CO MPENSATION AND PAYMENT
(a) Maximum and Rate. The to tal compensation earned by or payable to the Service Provider, by the City, for any and all services under this Agreement are estimated to be $1,709,401, and SHALL NOT EXCEED the sum of $1,709,401 over the life of the Agreement, and shall be earned on the following basis:
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 6 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Hourly at the hourly rates and with reimbursement to the Servi ce Provider for those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B," attached and incorporated herein.
(b) Payment. All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.
3. CI TY PROJECT MANAGER AND SERVICES BY CIT Y
The services to be performed by the Service Provider shall be accomplished under the general direction of, and coordinate with, the City's "Project Manager", as that staff person is designated by the City from time to time, and who presently is George Thompson.
4. P ROGRESS AND COMPLETION
Project Manager shall assign, in writing, Service Provider with discrete small projects, which shall in no event exceed $1,709,401. Service Provider shall commence work on the services to be performed on each project as requested and authorized by the Project Manager.
For each discrete job requested by the Project Manager, Service Provider must respond to provide at least an initial assessment of the project. Service Provider will provide an estimate to the Project Manager and only start work upon written authorization from the Project Manager.
5. AG
RE EMENT PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the right to retain, employ, Agreement with other qualified providers of services during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.
Ability to Perform. The Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.
Laws to be Observed. The Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of Goleta ordinances, regulations and adopted codes during its performance of the work.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 7 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Payment of Taxes. The Agreement prices shall include full compensation for all taxes which the Service Provider is required to pay.
Permits and Licenses. The Service Provider shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
Prevailing Wage. The Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Service Provider to be familiar with the California Labor Code, and failure or neglect of the Service Provider to understand the California Labor Code shall in no way relieve him from any obligations.
Safety Provisions. The Service Provider shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
Preservation of City Property. The Service Provider shall provide and inst all suitable safeguards, approved by City, to protect City property from injury o r damage. If City property is injured or damaged as a result of the Service Provider's operations, it shall be replaced or restored at the Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when the Service Provider began work.
Immigration Act of 1986. The Service Provider warrants on behalf of itself and all subcontractor Providers engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immi gration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
Service Provider Non-Discrimination. The Service Provider shall not discriminate based on race, color, gender, gender identity/ex pression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
Work Delays. Should the Service Pr ovi der be obstructed or delayed in the work required to be done hereunder by chan ges in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or l abor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and the Service Provider. In the event that there is ins ufficient time to grant such extensions prior to the completion date of the Agreement, City may, at the time of DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 8 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
Inspection. The Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of the Service Provider are being performed in accordance with the requirements and intentions of this A greement.
All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its Agreement requirements.
Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Service Provider in preparing its invoices to City as a condition precedent to any payment to Service Provider.
Interests of Service Provider. The Service Provider covenants that it presently has no interest, and shall not acquire any interest, direct or indirect or otherwise, which would conflict in any manner or degree with the performance o f the work hereunder. The Service Provider further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Service Provider certifies that no one who has or will have any financial interest in performing this work is an officer or employee of City. It is hereby expressly agreed that, in the performance of the work hereunder, the Service Provider shall at all times be deemed an independent Service Provider and not an agent or employee of City.
6. TERM
This Agreement shall expire on June 30, 2025.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Service Provider's drafts, notes and internal memorandum), including duplication of sa me pr epared by Service Provider in the performance of these services, shall become the property of the City upon termination of the consulting services pursuant to this Agreement and upon payment in full of all compensation then due Service Provider. If requested by the City, all, or the designated portions of such, shall be delivered to the City. The City agrees to hold the Service Provider harmless from all damages, claims, expenses and losses arising out of any reuse of the plans and spec ifications for purposes other than those described in this Agreement, unless written authorization of the Service Provider is first obtained.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 9 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBSERVICE PROVIDER
This Agreement is for general services which are personal to City. Joe Mora, Manager, is deemed to be specially experienced and is a key lead f or services provided, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement. Service Provider must ensure that subcontractors must adhere to all applicable provisions of this Agreement relating to providing services to City.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. The Service Provider holds the City, its elected officials, officers and employees, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to the Service Provider, to the Service Provider's employees, to Service Provider’s Service Provider s or subcontractor , or to the owners of t he Serv ice Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or occur while Service Provider is in a City building or on City property, or which are connected, directly or indirectly, with the Service Provider's performance of any activity or work required under t his Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. Service Provider shall investigate, defend, and indemnify the City, its elected officials, officers and employees, from any claims, law suits, demands, judgments and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, professional errors and omissions arising out of, directly or indirectly, an error, a negligent act or negligent omission of the Service Provider or of Service Provider’s subcontractor , or the willful misconduct of the Service Provider or Service Provider’s Service Providers/subcontractor, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work requ ired under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related to such litigation.
(c) Nonwaiver . The Cit y does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by the City, or the deposit with the City, of any insurance DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 10 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
certificates or policies described in section 10.
10. INSURANCE
Service Provider shall, at Service Provider’s sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by City.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of 1,000,000 per occurrence and $2,000,000 in the aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complyi ng with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
Liability insurance policies required to be provided by Service Provider hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, City, its employees, officials, agents and member agencies shall be covered as additional insureds.
Coverage shall apply to any and all liability arisin g out of the work performed or related to the Agreement. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either i n the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to City’s vicarious liability.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 11 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
c) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by City.
d) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
e) No liability insurance coverage provided to comply with this Agreement shall p rohibit Service Provid er, or Service Provider’s employees, or agents, fr om waiving the right of recovery prior to a loss. Service Provider waives its right of recovery against City.
f) Service Provider agrees to deposit with City within fifteen days of Notice to Proceed of the Agreement certificates of insurance and r equired endorsements.
g) There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Service Provider hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City . City has no additional obligations by virtue of requiring the insurance set forth herein. I n the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold am ounts sufficient to pay premium from Service Provider payments.
h) Service Provider agrees to provide immediate notice to City of any claim or loss against Service Provider arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
11. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent contractor and that in no event shall Service Provider be considered an officer, agent, servant or employee of City. The Service Provider shall be solely responsible for any workers comp ensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 12 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
12. TERMINATION BY CITY
The City, by notifying Service Provider in writing, may upon five (5) calendar days notice, terminate any portion or all of the services agreed to be performed under this Agreement. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.
13. CORRECTIONS
The Service Provider shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shal l be ma de by the City, and the cost thereof shall be charged to Service Provider.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to Service Provider for an ything done, furnished or relating to Servic e Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, which ever occurs first. However, any approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Service Provider, its employees, subcontractor, agents and Service Providers.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 13 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.
16. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term o f this Agreement and/or as a result of being awarded this Agreement, the Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official.
If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an Agreement with a developer of any land within the City or with a City fr anchisee, the Servi ce Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any Agreement or request to perform services for that identified developer/franchisee during the term of this Agreement.
17. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California and, should litigation occur, venue shall be in the Superior Court of Santa Barbara.
18. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
19. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Service Provider’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
20. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 14 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
TO CITY: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO SERVICE PROVIDER: Enviroscaping, Inc.
340 Pine Avenue
Goleta, CA 93117
21. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 15 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
_____________________________ ________________________________ Robert Nisbet, City Manager Gerardo Mora, President of Enviroscaping, Inc.
.
ATTEST:
____________________________ ____________________________ Deborah Lopez, City Clerk Filipe Mora, CFO of Enviroscaping, Inc.
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
________________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 16 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
EXHIBIT A
SCOPE OF WORK
1 – BID ITEM SPECIFICATIONS: SCOPE OF WORK
This Scope of Work establishes the standards for the landscape maintenance of the Parks and Open Spaces within the City of Goleta. This shall include but not be limited to mowing, tree maintenance (12ft and under), irrigation management, irrigation system maintenance, irrigation system repair, and shrub and ground cover maintenance. The intent of this specification is to provide on-going landscape maintenance services to ensure the long- term health, visual attractiveness of the City’s landscaped parks, natural open spaces, playgrounds, and play courts.
The quality o f landscape maintenance will continue to be evaluated for satisfactory progress. The Service Provider's prime responsibility will be to integrate innovative and progressive elements of high landscape maintenance standards in a pesticide free environment and the objectives as set forth in this specification.
The Service Provider shall furnish all labor, equipment, materials , tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance.
Maintenance of the la ndscaping shall include, but not be limited to: trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, deep root watering, plant replacements, renovation and cleanup of drainage facilities using landscape maintenance procedures. It is the intent to schedule maintenance to keep the site in a state of healthy vigorous growth.
Crew Standards – The City requires a minimum of two (2) landscape maintenance crews with at least three (3) maintenance workers on each crew, totaling a min imum of six (6) staff members from the Service Provider Monday through Friday, excluding City Holidays.
The Service Provider shall provide one (1) leader per crew who is proficient in English and can interface with City staff . The Service Prov ider shall have at least one (1) on- call landscape irrigation specialist who works at minimum two (2) eight (8) hour days a month, maintaining the irrigation systems.
Number of
Landscape
Crews
Landscapers per
Crew Leader per Crew On-Call Staff
2 Crews
(Minimum) 2 Crew Members 1 Leader
1 Irrigation
Specialist
(Estimated 2 days
per month)
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 17 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
The Service Provider shall submit hourly rates, no less than the prevailing wages, for each unique position and the total monthly cost of the crews, including equipment, vehicles, fuel, and tools provided by the Service Provider, based on the Scope of Work. The Service Provider shall provide hourly rates for weekends and holidays.
The City is allocating special project funding to ensure all necessary tasks ar e covered.
Special project funding allocati on will be determined by the hourly rate provided by the Service Provider plus the expected duration of work, equipment, and products. The Service Provider shall submit a proposed schedule to the City Landscape Maintenance Manager in advance of scheduling the following activities: aeration, dethatching, irrigation checks, and application of all fertilization of trees, shrubs, ground cover and turf. An additional schedule outlining the weekends, holidays and special even ts coverage shall be completed by Service Provider.
The Service Provider shall maintain all landscape within the project si te list. The project sites shall be reviewed every week for landscape maintenance standards.
1. E
mergency Information – The Service Provider shall provide the following emergency information in writing and submit it with the signed contract, contract bonds and certificates of insurance. Failure to comply may result in delays in the proce ssing of the contract documents.
• Name of authorized representative at the job site.
• Address and telephone number where the above person can be reached twenty -four (24) hours a day.
• Address of the nearest office of the Service Provider, if any, and the name and telephone number of a person at that office who is familiar with the project. • Address and telephone number of the Service Provider’s main office and the name and telephone number of the person at that office familiar with the project.
2. S
ubmittals – The Service Provider shall provide the following:
a. Work Schedule. Service Provider shall provide a detailed work plan and schedule for each week and month to the Parks and Open Space Manager or authorized representative.
The weekly tasks shall be daily, reoccurring tasks that need to be addressed often, and the monthly tasks shall consist of rarer or special project tasks at higher levels. This work plan is to be submitted before the first (1 st) of every month and will include days, times, locations, and other pertinent details of the Service Provider’s planned operations; and b. Completed all Exhibits in the proposal package.
3. S
oils Tests – Soils tests will be obtained and tested by the City. The Service Provider will not receive payment for soils tests performed without City authorization.
4. S
ubstitute Products – Equipment or products which do not conform to project drawings, specifications or as specified herein must be submitted to and approved in writing by the City prior to installation. All paper products shall be in compliance with the City of Goleta’s Municipal Code
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 18 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
5. W eekly Che cklist – Routine maintenance tasks shall be fulfilled in the frequency indicated therein. Adherence to the schedule will be monitored, reviewed and verified each month with the City and the Service Provider.
6. M onthly Checklist – Routine maintenanc e tasks shall be fulfilled in the frequency indicated therein. Adherence to the schedule will be monitored, reviewed and verified each month with the City and the Service Provider.
7. A
nnual Checklist/Special Proj ects – Annual Maintenance and Special Project tasks shall be fulfilled in the frequency indicated therein or at an as needed basis according to the City’s discretion. Adherence to the schedule will be monitored, reviewed and verified each month with the City and the Service Provider.
8. Dr
ess Co de – The Service Provider shall be responsible for having all employees wear a proper uniform. All employees’ hair, beard and dress shall be well -groomed. The proper uniform includes:
• Shoes - Safety boots or shoes in good condition.
• Shirts - All workers shall wear uniform shirts with long or short sleeves with the Service Provider's company name or other identifying marks.
9. T
raffic and Road Signs – All trees, shrubs, ground cover, etc. shall be kept trimmed to always keep all signs clearly visible to traffic.
10. E
quipme nt and Labor – The Service Provider shall always furnish and m aintain sufficient labor and equipment to perform the work of this contract. The equipment shall be subject to the inspection and approv al of the City. The monthly maintenance costs are inclusive of equipment and labor.
A
ll maintenance supervisors, foremen and crew leaders shall be able to respond to inquiries from a predominately English-speaking population.
11. Lan
dscape Maintenance R esponsibilities – The Service Provider’s prime responsibility will be to integrate innovative and progressive elements of high landscape maintenance standards and the objectives as set forth in this specification. Special attention shall be paid to the City’s green management system, which is designed to eliminate the use of synthetic chemicals and to achieve the prime responsibility. Service Provider will be responsible for pest control at all levels and will be expected to use organic and physical methods to achieve these goals. There will be no synthetic pesticides or urea-based fertilizers used in the contract area. Unauthorized use of such chemicals shall result in a penalty in the amount of $1,000 per location per occurrence.
12. S
tandards of Performanc e – All other portions of these specifications notwithstanding, it is agreed that the intent of this contract is to provide a level of maintenance that will always present a pleasing and desirable appearance. The Service Provider shall provide the City a DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 19 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
copy of all work records and re ceipts of materials used on work sites covered by this contract.
The City’s Contract Manager:
1. Shall decide any and all questions which may arise as to claims and compensation;
2. Shall have authority to enforce and make effective such decisions and orders as the Service Provider fails to promptly carry out;
3. Shall refer any question or doubt relative to the true meaning of the specifications to the City Attorney, whose decision thereon shall be final;
4. Shall secure any sepa rate contract required to accompl ish the work and prevent loss or damage;
5. Shall provide control over all insurance and bonds;
6. Shall decide any and all questions which may arise as to:
a. The quality or acceptability of the materials furnished and the work performed; b. The manner of performance;
c. The rate of performance;
d. The interpretation of the work specifications;
e. The acceptable fulfillment of the contract on the part of the Service Provider;
7. Shall direct the inspection and administration of the work;
8. Shall have the authority to impl ement alternative action either by City forces or request separate contract to accomplish the work and prevent loss or damage based upon the urgency of the conditions; and
9. Shall recommend and provide documentation regarding a ll claims and compensation.
13. T
ermi nation of Contract – The Contract may be terminated with or without cause by the City at any time with no less than thirty (30) days written notice of such termination. In the event of such termination, the Service Provider shall be compensated for such services up to the date of termination. Such compensation for work in progress would be pro-rated as to the percentage of progress completed at the date of termination.
T
his contract may be terminated by the Service Provider only by providing the Ci ty with written notice no less than ninety (90) days in advance of such termination.
14. P
ayment – Payment will be made based on the actual work performed as directed by the Contract Manager based on the unit rate bid for each activity. No separate payment will be made for compliance with the provisions of the Scope of Work. All costs involved with compliance of the Scope of Work shall be considered as included in the Service Provider's unit prices bid for areas included in this contract. Payment is only for work completed in the billing period, usually monthly.
15. E
quipment Storage and Staging Area – The Service Provider shall provide for any staging and/or equipment storage areas as required. All costs associated with providin g said areas shall be included in the base monthly fee and no se parate payment shall be allowed, therefore.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 20 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
16. All Existing Improvements – All existing improvements shall be always maintained and protected by the Service Provider. Any damages to the exis ting improvements by the Service Provider shall be replaced or repaired at Service Providers expense.
2 – GENERAL MAINTENANCE CARE AND PROCEDURES
1. Li
censing – Service Provider shall obtain and maintain all necessary licensing, permits and/or approvals necessary to perform these duties. A City of Goleta business license is required. The Service Provider shall have a C-27 Landscaping Service Provider license, and a landscape irrigation specialist.
2. E xisting Utility Improvements – All work performed, whi ch may affect existing utility improvements, shall be done after the notification of Underground Service Alert (USA) and the affected utility company by the Service Provider and in strict conformance with such utility company direction, specifications and/or supervision. The City shall be notified of any such work impacting existing utility improvements prior to commencement of such work.
3. O
ngoing Maintenance Requirements – The Service Provider shall:
a. Weekly perform a maintenance inspection during day light hours of all facilities within the contract. Such inspection shall be both visual and operational. The operational inspection shall include operation of all lighting and other mechanical systems (back flow preventers, valves, etc.) to check for proper operational condition and reliability.
b. Monthly meet with the City for a walk-through inspection. The walk-though and monthly reoccurrence may vary depending on the City’s needs and schedules. Said meeting shall be at the convenience of the City. In addition, irregular inspections may be made by the City. All corrective work required as a result of an inspection or any irregular inspection by the City shall be accomplished to the satisfaction of the City within three (3) working days of the authorization to repair the deficiencies, except in the case of a leaking valve which must be repaired within twenty -four (24) hours following authorization. The Service Provider shall provide the City with written confirmation of all corrective work.
4. Ma
terials – All landscape and irrigation materials and equipment used shall conform to the project specifications and Section 212 of the SSPWC, or be as approved in writing by the City. All materials shall be provided by the Service Provider. Commercial fertilizers shall bear the manufacturer's label and guaranteed analysis. Insecticides, fungicides and herbicides will not be used in the contract areas.
I
f a question arises as to the need for application of fertilizer or the formulation of a fertilizer, the City shall procure soil samples taken from locations specified by the City. They shall be analyzed by a soil analyst at the City's expense.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 21 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
5. Plant Material Replacement – It shall be the Service Provider's responsibility to maintain all plant materials in a satisfactory manner and to replace dead or severely damaged plant materials of equal size and quality. The Service Provider , upon the Ci ty's authorization, shall remove and replace any tree, shrub, turf, or ground cover which is damaged or lost due to Service Provider or his/her employees' negligence maintenance practices.
P
lant materials which must be replaced due to vandalism will be replac ed at the City’s expense. Service Provider must notify the City in writing within two working days of the loss of plant material due to any cause. Service Provider shall replace damaged plant materials only upon receiving authorization from the City to do so, and bill the City on the subsequent monthly billing statement. All dead plant material shall be left in place until inspected by the City or new plants (replacement) are on site for immediate replacement.
6. W
alkways And Play Area Clean- Up (Tot Lots) –
1. Tot-Lots – All sand or wood chip filled play areas (Tot Lots) and other play equipment safety surfaces in park s shall be raked, swept, or blown twice weekly (Monday and Friday) and cleaned in such a manner as to remove broken pieces of glass, nails, other harmful debris and litter. Raking shall redistribute sand or wood chip pushed away from swings or slides as is common in these areas. Report any problems to the City immediately.
2. Walkways – All walkways, concrete, or asphalt, shall be kept clean at all times; in addition to the washing off as noted below, they shall be swept, vacuumed or blown off once a week or more often if necessary. In all cases sweep or vacuum trash, leaves and other noticeable debris for collection and disposal. At no time shall debris be blown or swept into a street storm drain. The areas involved are specific to contract areas and their adjacent walkways.
Clean-up work shall be coordinated with mowing or other maintenance work in the contract area. All gutters within the contract area shall be kept clean of weeds, grass clippings and miscellaneous debris. All grass clipping shall be removed and disposed of (not scattered) from gutters the same day mowing and trimming takes place.
All walks shall be kept free of dirt, leaves, and other debris from the maintenance operations, as well as trash and litter blown by the wind or deposited b y persons passing by or visiting the contract area. Debris shall be collected daily. All paper, trash, etc., shall be dumped off-site in a legal manner by the Service Provider.
Walkways shall be hosed off in place of sweeping or blowing only when the C ity directs such action. Care shall be taken so that clean-up operations do not inhibit or endanger any persons utilizing the contract area. This work shall be scheduled to coincide with mowing or other maintenance work in the area. Any dirt or stains caused by the work shall be removed at the Service Provider's expense.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 22 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Accepted safety procedures shall be followed including signing and roping off areas as necessary. Should the Service Provider's work be disrupting to regular traffic flow, it shall be rescheduled to a more convenient time.
7. D rainage – All surface drainage devices such as concrete "V" ditches, bench drains, swales, etc., shall be routinely inspected per schedule and kept free of all debris, vegetation, soil, etc., which would preclude proper and intended functioning. All inlets shall be kept free of all matter which would preclude complete and adequate functioning.
A
ll underground park area drainage devices shall be routinely inspected and cleaned of all foreign matter to maintain their function prior to the onset of winter and on an as needed basis.
All eroded areas impacting drains shall be repaired by replacement of topsoil to restore to original grade with City’s written approval. All repairs shall be inspected and approved by the City.
8. P
ark Facilities – All park facilities shall be maintained in accordance with the standards included herein.
1 . General – Report any damage to tables, benches, and other park accessories to the City as soon as possible. Cleaning tables, picnic areas, and benches is not a part of this landscape maintenance contract. It will be performed by another service provider.
2.Parking Lots – Parking lots exist at Stow House, Stow Grove Park, Jonny D Wallis Park, and Santa Barbara Shores (Ellwood). These areas shall be serviced weekly for trash and kept free of debris. Lots may be cleaned with a leaf blower or broom.
Washing will not be a part of this bid. In general parking lots are maintained as walkways.
3. Tennis Courts – Tennis courts shall be cl eaned weekly. The use of a bl ower is preferred to washing. The courts shall be hosed off in place of sweeping or blowing only when the City directs such action.
4. Picnic Reservation Areas – Picnic table maintenance is not a part of this landscape maintenance contract.
5. Barbeque Pits – Barbeque pit maintenance is not a part of this landscape maintenance contract.
6. Restrooms – Restroom maintenance is not a part of this landscape maintenance contract.
7. Drinking Fountains – Drinking fountain maintenance is not a part of this landscape maintenance contract.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 23 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
8. Trash – Leaves and other debris from the landscape maintenance operations as well as trash and litter blown by the wind or deposited by persons passing by or visiting the park facilities shall be collected daily. The Service Provider shall remove littler or debris in any landscape areas immediately. The landscape maintenance Service Providers do not need to service trash and recycling cans, this task will be performed by another service provider.
Leaves, grass clippings, branches, weeds, and all other landscape debris accumulated from the maintenance operations shall be disposed of off -site into recycling facilities the same day the debris is accumulated. City of Goleta Municipal Code 8.10.860 Requirements for Haulers and Facility Operators states compliance as:
https://library.qcode.us/lib/goleta_ca/pub/munic
ipal_code/item/title_8-chapter_8_10-
article_v-8_10_860
Trash and recycling-can servicing does is not a part of this Scope of Work.
9. Decomposed Granite or Sand and Wood Chip Areas – These areas shall be checked monthly for proper level (fill) of materials to match existing. Added material shall be furnished and placed upon written authorization of the City at no cost to the Service Provider. All areas filled with decomposed granite, sand, or wood chips, shall be maintained by the Service Provider by monitoring the aesthetic. Any litter in these areas shall be removed by the Service Provider immediately.
9. T
rees – Tree pruning over twelve (12) feet in height from the ground is not a part of this maintenance contract. Clearance of walkways, signage and structures shall be maintained by the Service Provider for all trees up to twelve (12) feet in height from the ground. Tree pruning shall adhere to the ANSI A300 pruning standard.
10. Lan
dscape Lighting Facilities – The landscape lighting maintenance work is not a part of this contract.
11. W
eed Control –
a. Requirements – The City is committed to a Green system of maintai ning weed control in the parks and open spaces without the use of pesticides.
The use of any chemicals for weed control in any of the parks or open spaces shall not be allowed. The unauthorized use of any pesticides shall result in a penalty in the amount of $1000 per location per occurrence.
Weeds may be controlled by hand pulling, mechanical removal or mowing.
The Service Provider shall be responsible for providing a continuous weeding program for all contract areas. Weeding shall be done on a weekly basis and shall include removal and disposal of any undesirable or misplaced plant. In DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 24 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
addition, all walls, fences, and other structures that do not have cultivated beds adjacent thereto shall be maintained for weed control. Service Provider shall notify the City of any weed problems impacting these specifications. An evaluation of the impacts of any infestation reported will be conducted by the City. Bermuda grass and other noxious weeds (where not existing at the beginning of the contract) shall not be allowed to become established.
b. Shrubs – Weeds shall be removed from beds regularly, no less than once a week, as stated.
c. Ground Cover – Weeds shall be removed completely, on a regular basis, as stated, no less than once a week.
d. Paved Areas – All joints and cracks in sidewalks, curbs and gutters, and other paved areas shall be kept weeded, on a regular basis, as stated, no less than once a week. This includes all joints between asphalt concrete roadways and curbs and gutters in the contract area.
e. Open Parkways – All open parkways in the contract area shall be kept free from weeds (areas where there are not existing landscape improvements).
12. S
afety and Traffic Control –
a) Requirement – Service Provider shall be always responsible during work in City streets for the safety of work crews and the traveling public.
b. Traffic Control/Lane Closures – Service Provider shall submit the following detailed plans for approval by the Public Works Director, or their assigned designee:
1. Work schedule per section 1.2a above; and
2. Proposed lane/safety closures including placement of cones, signs, barricades, and other traffic control devices in accordance with the Manual of Uniform Traffic Control Devices and the WATCH Manual.
c. Santa Barbara County – Sheriff’s Department will be provided with a copy of the approved traffic plans listed above and shall be notified immediately of any changes or variations as the work proceeds.
3 –
RODENT CONTROL
1. G
eneral – When rodent infestation becomes evident, the Service Provider shall at once notify the City. Rodent control shall be done utilizing trapping under the direction of the City.
All dead rodents shall be properly disposed of off-site.
2. T
rapping – Trapping may be done in any season using an approved rodent trap under the direction of the Contract Manager. The cost of trapping when directed by the Contract DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 25 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Manager shall be included in other bid items and no separate payment shall be made therein.
The Service Provider shall control all pests including but not limited to, gophers, moles, ground squirrels, and snails. The Service Provider will repair any and all damage done to turf, landscape and soil by activities of controlled pests.
3. A
rea Repair – Following rodent extermination, damaged areas shall be filled and restored to a level surface then replanted as it was before with approval of the City.
4 – DISEASE AND PEST CONTROL
1. I nspection and Control Measures Requirements – The City is committed to Green management system of maintaining pest control in the parks and open spaces without the use of pesticides.
T
he use of any chemicals for pest control in any of the parks or open spaces shall not be allowed.
The Service Provider shall provide complete and continuous contr ol of all plant pests or diseases; and shall do so by pruning or removing problem plant material rather than spraying any insecticide. Approved control measures shall be continued until the disease or pest is controlled to the satisfaction of the City. T he Service Provider shall utilize all safeguards necessary during disease or pest control operations to ensure safety of the public and the employees and agents of the Service Provider. Service Provider shall check all plant material in landscaped areas regularly, (once a week at a minimum) and report any infestation to the City.
No synthetic insecticides, fungicides, pesticides, or rodenticides will be used in parks and open spaces. Service Provider shall notify the City of any pest infestation that impac ts structures. An evaluation of the impacts of any infestation or control measures reported will be conducted by the City.
Structural pest control is not a part of this contract.
At no
time shall snail bait in any form be used at “Green Parks ”. Important alternative snail control to baits can be found at the University of California’s Integrated Pest Management web site: http://www.ipm.ucdavis.edu/PMG/PESTNOTES/pn7427.html.
5 – LAWN CARE
1. G eneral – Lawns shall be maintained in the healthiest growing condition possible.
2. M
owing – Prior to mowing, all trash, debris and foreign materials shall be removed from lawn areas. All turf areas should be cut at regular intervals, a minimum of once every 7 DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 26 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
days. The turf shall never be cut more than 1/3 off the top growth or approximately 1-inch at any one mowing. Service Provider shall mow the turf areas at a frequency of no less than once a week to a height that ensures proper turf health. At no time will turf height exceed 2- 1/2 inches. Clippings must be mulched into the lawn. Any facility with a partially irrigated lawn and an adjacent non-irrigated lawn area will be kept evenly mowed.
The cutting edge of all mowers shall be kept sharp. Torn grass blades have a brown "haze" appearance, which i s not acceptable. Brushing or rough cutting of grass shall not be permitted except as noted. Avoid scalping except during lawn area renovations.
Jonny D Wallis Neighborhood Park and the Goleta Valley Community Center Multi-Purpose Field will be cut us ing a reel type mower and to the industry standards for the specific varieties of grass.
Mowing Heights for Grass Type:
Season Minimum Height Maximum Height
Warm ¾ inches 1 inch
Cool 1 ½ inches 2 ½ inches
3. F
ailing Lawn Areas – Labor and materials shall be provided by the Service Provider to reseed or re-sod failing lawn areas upon discovery of failure. Lawn seed for reseeding shall match existing lawn mixture. The Service Provider is responsible for restoring all failed lawn areas to original grade.
4. T
rimming – All edges shall be trimmed with each mowing (same day as mowing) and as necessary. This trimming shall include cutting all grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, guy wires, or any other objec t within or immediately adjacent to the lawn areas.
T
he trimming shall be done by vertical knife power edger or by hand, but in no case will soil sterilant or other types of herbicides be permitted for use in edging. "Weed Eaters" or similar equipment shall not be used for lawn edging. Clear space around trees shall be 8- inches from the base of the tree. No herbicide is to be used to trim around the trees or walls. Trim around sprinkler heads as necessary to allow maximum water coverage.
Trimming shall not expose the sprinkler body or trim cap.
Care shall be taken to avoid damage to tree trunks, shrubs, sprinklers, buildings, and other structures. Damage done by the Service Provider during maintenance shall be promptly reported to the City and repairs promptly made at the Service Provider's expense.
5. E
quipment Cleaning and Condition – To help prevent contamination of turf areas, and to maintain a neat and clean appearance, the Service Provider shall thoroughly clean equipment that was used at another site prior to mowing or edging any areas on site.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 27 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
6. Clipping Disposal – Clippings shall be mulched into turf areas and not disposed of off- site by use of self mulching mowers. Curbs, gutters, sidewalks, etc., shall be cleaned after each trimming by sweeping and containment or other approved methods. Sidewalks shall be washed down only when the City directs such action. All clippings must be disposed of in recycling systems at the local landfill or an approved composting facility.
7. W
atering Turf – Water shall be applied as needed (as weather conditions require) to maintain proper growth and replenish soil moisture within the root zone. All applications of water shall be between the hours of 10:00 p.m. and 6:00 a.m., as a water conservation measure. If an area appears stressed during the day, a light application of water should be applied at that time. It is the Service Provider's responsibility to apply the water evenly. In the event of automatic irrigation disruption, the Service Provider shall hand water lawn and ground cover areas at a minimum of twice per week in the winter and four times per week in the summer. Water run-off across pavement surfaces and into gutters shall be avoided.
8. F
ertilization – Lawns shall be fertilized at least three (3) times a year. Non-irrigated turf areas shall not be fertilized as a part of this contract. Applications shall be of an organic fertilizer in January, May, September at the rate of 1 pounds per 1,000 square feet.
T
he City may from time-to-time, adjust or change the fertilization specifications contained herein because of consultation with Service Provider or recommendations of a horticultural soils and plant laboratory report for each site.
All fertilization shall be included with the landscape maintenance of each area. The Service Provider shall supply and transport all required fertilizers as a part of his/her contract costs.
No synthetic fertilizers will be permitted in any parks. These sites will be fertilized with an organic fertilizer with each aeration where irrigation exists. Organic fertilizers from sources such as bat guano, chicken manure and worm castings with a guaranteed analysis ratio of 2-1-1 applied at manufacturers recommended rates.
9. A
eration – All lawn (turf areas with irrigation) areas shall be aerated during the months of May and January by removing 1/2-inch diameter by 3-inch deep cores at not more than 6- inch spacing with an aerator machine. Cores shall be removed in an approved manner after completion of aeration. In addition, the tops of all mounds and localized compacted dry spots shall again be aerated as necessary.
A
ll damaged areas larger than 4-inches X 4-inches shall be seeded on an as-needed basis, at no additional cost to the City.
10. Dethatching – All
turf areas shall be dethatched in September. Dethatching shall be accomplished by use of a "vertical cut type" dethatch machine. All thatch and debris shall be immediately (by end of the working day) removed upon completion. Excessive turf buildup s hall be removed during dethatching. Denuded areas shall be reseeded per Section 5.3.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 28 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
Along curbs and walks, dethatch to 1- inch below top of curb or walk. Where this is not considered possible, as determined by the City, dethatching will be allowed up to, but no higher than, 1-inch above curb or walk. Uniformly taper grade from edge of curb or walk to daylight to existing grade at 3 feet perpendicular to curb or walk.
11. W eed Control – Refer to Section 2.11.
12. T
rash Collection and Disposal – Refer to Section 2.8.8.
6 – DE FENSIVE SPACE MOWING, DOWNED TREES, AND GRAFFITI
1.D efensive Space Mowing – Defensive space mowing shall occur seasonally when weeds, grasses, or other similar plants become a fire hazard. This type of mowing is dependent on the amount of rain, whereas, the wetter seasons shall be mowed more often than the drier seasons, always aiming to reduce the amount of potential wildfire fuel.
a
. Aside from defensive space mowing, the Service Provider shall conduct other fuel management practices with the guidance from the City before conducting these tasks.
2. D
owned Trees – Any downed tree blocking or hindering public use shall be reported to the City for removal by others.
3. Graffiti
– Graffiti anywhere in the open spaces shall be reported to the City immediately.
This contract does not include graffiti removal.
7– GROUND COVER CARE
1.General – Ground cover beds shall be maintained in an attractive condition at all times.
All ground covers shall be inspected week ly and all debris including leaves, branches, paper, bottles, etc., shall be removed.
2. M ulch and Compost – According to the Goleta Municipal Code Chapter 8.10.900 Procurement Requirements for City Departments, Direct Service Providers, and Vendors, all service providers of landscape maintenance must follow the mulch and compost code here:
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_8-c hapter_8_10-
article_v-8_10_900
3. E
dging – All ground covers shall be pruned, sheared or thinned neatly away from shrubs, trees, walks, curbs, header boards, etc. Ground covers shall not be trimmed vertically unless approved by City and shall be thinned out as needed to avoid matting and to DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 29 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
achieve a uniform appearance. Ground cover shall be trimmed back from all controller units, valve boxes, quick couplers or other appurtenances or fixtures.
Ground cover shall be removed from all above ground structures unless the City directs the allowance of ground cover growth over wall tops, curbs, etc., for aesthetic reasons.
Invasive species such as Lonicera japonica, Honeysuckle, and other vine type ground cover shall be pruned a minimum of three times a year by selectively cutting branches at the tops of the plant mass two (2) to three (3) f eet back from the curb, walk, walls or turf areas, tapering down to an area 2 to 3-inches behind curb, etc., cutting these branches off at the soil level.
4. W
atering – Service Provider shall be cautious to not over water shrub and ground cover areas. Enough water shall be applied to assure moisture penetration throughout the root zone to a depth of approximately 8- inches. Irrigation systems shall be programmed to maintain a pr ecipitation of 1/2- inch per week during the growing season. During rainy periods the irrigation sequence shall be discontinued.
5. F
ertilization – Vigorous growth and good color shall be maintained at all times. All ground cover beds shall be fertilized a total of three (3) times per year, during the months of January, May, and September, using a organic fertilizer with an analysis of 2-1- 1, at the rate of 1 pounds per 1,000 square feet. No synthetic fertilizers are permitted in parks.
Fertilization in all parks shall be an organic fertilizer. Organic fertilizers from sources such as bat guano applied at manufacturers recommended rates.
6. A
nnual Color Replacement – Annual color replacement is not a part of this maintenance contract.
7. T
rash Collection and Disposal – Refer to Section 2.8.8.
8. W
eed Control – Refer to Section 2.11.
9. D
isease and Pest Control – Refer to Section 4.
8 – TREE CARE
1. G eneral – All trees shall be checked by the Service Provider weekly for damage, special water needs, etc., and treated as necessary or reported to the City for tree trimming needs.
Undesirable conditions shall be eliminated by improved landscape maintenance practices.
The Service Provider shall maintain trees in a healthy condition at all times.
2. T
ree Trimming for Clearance – Once per month Service Provider shall inspect all street trees adjacent to contract areas for limbs which impede sight distance or truck clearance or interfere with utilities. Trimming is Service Provider’s responsibility for any work less than twelve (12) feet in height. Tree maintenance over twelve (12) feet will be by other service providers.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 30 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
3. W atering Basins – Watering basins shall be properly maintained on all trees, shrubs and vines on drip irrigation systems. Failure of the system to provide enough deep moisture will not alleviate the Service Provider from providing adequate moisture.
4. S
taking and Tying – Tree stakes and ties shall be checked by Service Provider at least monthly and corrected as needed. Ties shall be adjusted to prevent girdling. When trees attain a trunk caliper of approximately 4-inches, removal of stakes and guys should be considered. The tree must retain its upright position and this position must be held regardless of moisture content of the soil. Before any stakes or tree ties shall be removed.
The trees shall remain supported for a period of time to observe structural stability of the tree. Tree stakes shall be removed only when tree has been proven to be structurally stable.
A
ll re-staking shall be done with specified materials. Guying will, over time, st retch or loosen. Service Provider shall adjust, as needed, to retain taut position, until such ti me when guying is removed. All trees that are damaged due to improper staking or tying shall be replaced at the Service Provider's expense. Broken stakes and damaged guys shall be replaced as required.
5. P
lant Replacement – Any tree and shrub that appears to have more than half (1/2) of its foliage in a declining state shall be brought to the City's attention immediately. Service Provider shall check plant for root decay, over-watering, or drainage problems, and repair the problem prior to replacement. Replacement plants shall be of a size, condition, and variety acceptable to the City. The Service Provider shall pay for all replacement plants including materials, transportation, and labor, and then be reimbursed by the City at cost plus maximum 15% markup fee. All receipts for purchases shall be required for reimbursements.
9 – S
HRUB AND VINE CARE
1.General – All shrubs and vines shall be checked weekly for breakage or damage, special watering needs, etc., and treated as necessary. All undesirable conditions shall be eliminated by improved landscape maintenance practices. All shrubs shall be maintained in a healthy vigorous condition. Service Provider shall remove all spent flowers, flower spikes, leaves and debris from contract areas weekly, and shall hose off all plant material monthly to remove accumulated dirt and soot.
2. P
runing – Pruning shall be performed as a continuous on-going operation and shall be done under the direction of the City's Parks and Open Space Manager; not allowing plants to develop stray, undesirable growth. Trimming, pruning, thinning, and training are functions to de done as needed to maintain a pleasing appearance.
A
ll pruning shall be done to achieve a naturalistic shape, not hedged into geometric forms.
The design intent is to have naturalistic shrub masses, not individual shrub forms or standards. Pruning shall be done by selectively removing woody stems from inside shrubs DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 31 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
on an as-needed basis, and as directed by the City's Parks and Open Space Manager.
Excessive pruning or stubbing back will not be permitted. Shrubs shall be topped only when necessary for appearance and after interior selective branch pruning has been completed and approved by the Parks and Open Space Manager. Shrubs shall be pruned and thinned using hand-held shrub pruners, hedge shears and clippers.
Where trees and shrubs occur in close proximity to walks or parked cars, pruning shall be done to allow movement without interference from branches and foliage.
3. T
rash Collection and Disposal – Refer to Section 2.8.8.
4. R
odent Control – Refer to Section 3.
5. D
isease and Pest Control – Refer to Section 4.
6. F ertilization – Shrubs located in ground cover areas shall not require additional fertilizing.
Refer to Section 7.5 for fertilization application in ground cover areas. Shrubs and vines not located in ground cover areas shall be fertilized per Section 7.5.
7. W
eed Control – Refer to Section 7.7.
8. W
atering – Refer to Section 7.4 and 8.3.
9. P
lant Replacement – Refer to Section 8.5.
10 – I RRIGATION SYSTEMS CARE
1. G eneral – The Service Provider shall receive all irrigation systems in sound working order at the beginning o f the contract. If the working order of any system is found to be otherwise at the start of work, the City shall be notified in writing immediately and necessary repairs shall be ordered within the limitations of the budget available to the City.
Therefore, repairs shall not occur prior to City authorization.
A
t the close of the contract period, all irrigation systems shall be checked by the City and shall be returned to the City in a satisfactory condition. Any faulty portion shall be repaired or replaced by the Service Provider at no cost to the City.
2. I
rrigation Repair and Operation – Irrigation system components deteriorating due to damage by vandalism or as a res ult of Service Provider's neglect shall be repaired or replaced immediately by the Service Provider at no cost to the City. The Service Provider shall notify the City in writing the same day of discovery of damage to irrigation system components caused by unknown acts that do not result from the performance of the work by the Service Provider, and upon receipt of the City's written authorization, the Service Provider shall repair said damage as soon as possible after authorization, billing City for the cost of such repair on the subsequent monthly billing statement. Failure to report promptly any damages will require Service Provider to make repairs at his own expense. All DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 32 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
replacement of irrigation system components shall be original equipment types where known. All substitutions for replacement equipment shall be approved in writing by the City prior to performing the work.
a) Irrigation shall be performed by the use of automatic irrigation systems, where available and operable. However, failure of existing irrigation systems to provide full and proper coverage shall not relieve the Service Provider of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site. Service Provider shall be responsible at all times for hand watering and bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, plants and ground covers when automatic or other systems are not functioning.
b) All damages to public or private property resulting from excessive irrigation water or irrigation water run off shall be charged against the monthly contract payment unless immediate reparation is made by the Service Provider to the satisfaction of the City.
c) The Service Provider shall keep controller and valve boxes clear of solids and debris and shall maintain the irrigation system including the replacement, repair, adjustment, raising or lowering, straightening, and any other operation required for the continued proper operation of the system from the water meter throughout the work site. Repair or replacement includes but is not limited to: system laterals (piping), head caps, head risers, valves covers, boxes and lids, including electrical pull boxes and lids, valve sleeves, quick coupler valves, hose bibs and batteries. Irrigation maintenance does not include long-term wear and tear.
d) Repairs to or replacement of mains (pressure lines), controllers and control valves will not be at Service Provider ’s expense. All substitutions for replacement equipment shall be approved in writing by the City prior to performing the work.
3. C
ontr oller Programming – Controllers shall be set for the maximum operating time for each valve. The valve time should be set for less time than it takes irrigation run- off to occur. Controllers should then be set for the maximum start times required for all stations to deliver optimum amounts of irrigation water within the watering time available.
4. S
ystems Monitoring – The Service Provider shall inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other conditions which hamper the correct operation of the system. Authorization must be obtained from the City in writing before proceeding with work not covered under normal maintenance work. All landscaped areas shall be irrigated by an operable irrigation method u ntil all authorized repairs have been completed to the City's satisfaction.
E
ach system shall be checked by the Service Provider weekly and all necessary adjustments to heads which throw onto roadways, walks, windows, or out of intended area of coverage shall be reported and corrected. The Service Provider shall clean and adjust DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 33 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
irrigation heads as needed for proper coverage. Each system shall be manually operated and observed on a monthly basis.
The Service Provider shall turn off irrigation systems during periods of rainfall and at times when suspension of irrigation is desirable to conserve water while remaining within guidelines of horticultural acceptable maintenance practices.
5. A
cceptance of Irrigation Systems – The intent of the contract is to require the Service Provider to maintain the irrigation systems as a part of the contract price. Irrigation maintenance for this Scope of Work does not include maintenance or replacing irrigation systems of long-term wear and tear but instead to report irrigation leaks, report watering schedules, replace parts broken parts not related to long- term wear and tear, and track watering data such as water amount, frequency, and locations.
T
he Service Provider shall report to the City the condition of each irrigation system within the first ninety (90) days of the contract. Repairs must be authorized in writing before any work begins. When sufficient repairs have been made the Service Provider will accept the systems in writing.
6. C
overage/Application – Generally, watering shall be done at night, between the hours of 11 p.m. and 6 a.m., unless otherwise directed by the City. The Service Provider shall operate systems and irrigation heads as seasonal conditions require. During extremely hot weather, over-extended holiday periods and during or following breakdown of systems, the Service Provider shall provide adequate personnel and materials as required to adequately water all landscaped areas. When breakdowns or malfunctions exist, the Service Provider shall water manually by whatever means necessary to maintain all plant material in a healthy condition. Dry conditions shall not be permitted to develop.
7. S
oil Moisture Tests – For irrigation purposes, the Service Provider shall test the soil in turf and ground cover areas and around trees and shrubs monthly or as necessary with soil probes. to determine that the proper amount of water is being applied at all times . This information shall be used to adjust watering times on the controller and supplemental hand or deep watering as necessary.
T
he Service Provider shall make the soil probe available at all walk -through inspections.
8. V
alve Box Cleaning and Inspection – All valve boxes for shut-off valves, remote control valves, pressure relief valves , etc., shall be inspected every six months for condition, including siltation and build-up within the box. Silt and debris shall be removed and clean gravel used for replacement. The bottom of all valves shall be exposed.
9. G
rass and Ground Cover Trim ming – Grass and ground covers shall be neatly trimmed away from irrigation heads to ensure proper coverage and operation. Edge- cutting of sprinkler heads adjoining back of curb shall maintain a maximum turf height of ½ -inch to allow proper sprinkler head operation and irrigation coverage. As necessary, turf DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 34 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
immediately adjacent to irrigation heads shall be trimmed, as directed by the City and under no circumstances shall an area larger than the head diameter be removed. Weed or turf killer shall not be use d. Ground covers shall be trimmed away from irrigation heads by tapering away from head. Holes shall not be cut into ground cover areas. As ground covers grow in height, risers may need to be extended to properly clear top of ground covers.
10. Maintenance Work Not Included – Testing, certification, and service of the backflow prevention shall be done by others and coordinated by the City. However, it shall be the Service Provider's responsibility to notify the City, should a malfunction occur.
11 –
M ONTHLY MAINTENANCE REVIEW AND PAYMENT
1. Re view – Each month of contracted maintenance shall be reviewed by the City to confirm adherence to these specifications. Checklists and schedules referred to herein shall be reviewed at the meeting. The maintenance site review meeting shall be requested from the C ity by the Service Provider a minimum of five working days prior to the anticipated review date. The monthly maintenance site review meeting followed by satisfactory completion of any or all punch list items is a required prerequisite for payment of monthly invoice(s).
2. P
ayment – For all the services the Service Provider is obligated to perform under the terms of this contract, the City shall pay to the Service Provider a standard rate every month plus any additional or special project tasks.
1. The Service Provider shall present a demand for payment no later than the 25th day of the month following the month for which payment is sought. The City's check for payment shall be mailed, unless Service Provider wishes to have it picked up by an authorized representative. The amount paid to Service Provider each month for the Landscape Maintenance herein provided shall be the total compensation payable.
2. An adjustment will be made for addition or deletion of landscape maintenance tasks affecting the responsibilities of this contract.
3 . M
onthly Cost – The Service Provider shall complete regular daily, weekly, and monthly tasks at a consistent schedule. Outside of special projects, special tasks, over time, or specialized maintenance staff, the monthly cost should be consistent.
12 – SPECIAL PROJECTS
1. Special projects for landscape maintenance may include but are not limited to:
replanting planter beds, re- seeding grass lawns, defensive space mowing, replanting at Stow Grove, etc. All special projects will be based on the Service Provider’s hourly rates provided in their proposal.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 35 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
13 – CHECKLISTS
All checklists shall be in compliance with the standards described in this Scope of Work.
1. W eekly Checklist
a. Weed removal (no pesticides allowed) of
Shrubs, ground cover, paved areas, and open parkways
b. Pest/rodent control inspection and reports to City (ground squirrel/gopher holes, etc.)
c. Mow turf lawns
d. Water lawns
e. Remove accidental trash in landscape areas
f. Maintain drainage systems
g. Joint and crack sidewalk maintenance
h. Maintain sand and wood chip areas
i. Tot-Lot inspection and maintenance (2x per week)
j. Walkway access inspect and maintenance (2x per week)
2. M
onthly Checklist
a. Irrigation inspection/tests
b. Report irrigation watering schedules
c. Equipment and product maintenance (blade maintenance, refuel machines, etc.)
d. Fresh mulch where needed
e. Replanting where necessary
f. Prune trees and shrubs for clearance
g. Tree staking and tying inspection
h. Decomposed granite or sand and wood chip refill in low areas
3. A
nnual Checklist/Special Projects
a. Dethatching
b. Fertilize where necessary
c. Rodent trapping/control
d. Soil moisture test
e. Replanting where necessary
f. Establish long- term irrigation solutions for old and worn- out systems
g. Defensive mowing to reduce wildfire fuel
h. Fuel management techniques
i. Re-seed/re-grass turf lawns
j. Enhance Parks and Open Spaces entrances
4. I mmediate Reports to the City Parks and Open Space Manager a. Downed trees/limbs
b. Graffiti
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 36 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
c. Encampments
d. Irrigation leaks, defects, or malfunctions
e. Dead plants
f. Illegal trash dumping
g. Damages, dangerous, broken, or malfunctioning children’s equipment, Tot-Lots, or playgrounds
h. Damage to tables, benches, and other park accessories i. Weed infestations
j. Disease, pest, or rodent infestations
k. Damage done by the Service Provider during any maintenance
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 37 City of Goleta
Parks and Open Space Agreement with Enviroscaping Inc.
EXHIBIT B
SCHEDULE OF FEES
Hourly Rates:
Landscaper (Full-Time): $ 41.00 an hour
Weekend & Holiday rate: $61.50 an hour
Total annual rate: $65,600.00
Irrigation Specialist (Minimum 2 days a month $ 120.00 an hour Weekend & Holiday rate: $ 180.00 an hour
Total annual rate: $23,040.00
All labor cost including at least two (2) crews, with at least three (3) per crew, and at least 1(1) landscape specialist tha t works min imum two (2), eight (8) , hours shift a month; equipment cost ; overhead cost; insurances; and other agreed upon costs between Enviroscaping Inc., and City of Goleta.
Contract Amounts per Fiscal Year:
Proposed Contract Amounts Per Fiscal Year
Fiscal Year Base Contract Annual On Call
Work
Materials Cost Total
FY 2022- 2023 $357,760 $50,000 $9,860 $402,620
FY 2023- 2024 $552,739 $80,000 $9,860 $642,599
FY 2024- 2025 $569,321 $85,000 $9,860 $664,182
Total: $1,709,401
The base contract amount for FY 2023 is significantly lower than the following two Fiscal Years since it only covers the approximately eight months remaining this year. A 3% cost of living increase is built into FY 2023-2024 and FY 2024-25 to accommodate the likely cost increases for the Service Provider.
DocuSign Envelope ID: 31A9EA03-DD6C-4242-B1BA-0575EA3047B2 38