HomeMy WebLinkAboutMINUTES - 02282006 - HA.1 HA *iHOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Rudy Tamayo, Acting Executive Director
DATE: February 28, 2006
SUBJECT: AWARD CONTRACT TO FREITAS LANDSCAPING FOR THE PROCUREMENT OF
LANDSCAPING SERVICES FOR ALL HOUSING AUTHORITY PROPERTIES
THROUGHOUT CONTRA COSTA COUNTY.
SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
AWARD contract to Freitas Landscaping in the amount of$130,068, for the term commencing
January 1, 2006 and ending December 31, 2006, with two, one year optional renewals, first renewal
period for$ 133,320, for the term commencing January 1, 2007 and ending December 31, 2007, second
renewal period for $136,653, for the term commencing January 1, 2008 and ending December 31, 2008
and
AUTHORIZE the Acting Executive Director to execute said contract.
II. FINANCIAL IMPACT:
Funds for this contract are from the U.S. Department of Housing and Urban Development (HUD)
for the Housing Authority's Low Income Public Housing program.. No County General Funds are required.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Housing Authority operates facilities and apartment complexes throughout the entire County
and needs an experienced landscaper to provide the Housing Authority landscaping services on a daily
basis at each property. The Housing Authority solicited several Contractors via an RFP (Request for
Proposal). A total of four Contractors were solicited: Freitas Landscaping, Economy Landscape and
Maintenance, Eisenstaedt Landscaping and Maintenance, and C & W Tree and Landscaping CO. Freitas
Landscaping was the only Contractor that responded to the solicitation. Freitas Landscaping bid was
found to be complete, responsive and reasonable.
CONTINUED ON ATTACHMENT: X YES SIGNATUR
4IRLyay Actin_Executive Direr
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON_ c p APPROVED AS RECOMMENDED OT/ER
VOTE OF COMMISSIONERS
/ I HEREBY CERTIFY THAT THIS IS A
V UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES:_ _ ACTION "TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED /(7G,
JOI-I SWI!LTTN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY \ 4DEPUTY
C:\Documents and Settings\jhayes\Local Settings\Temporary Internet Files\OLKF\BO for Freitas Landscaping.doc
V. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners not authorize the Acting Executive Director to execute a
contract with Freitas Landscaping, the Housing Authority of the County of Contra Costa would be greatly
impacted. The Housing Authority would have a potential to lose any additional "Market Appeal' that the
landscaping services provide to the overall maintenance of the properties. The Housing Authority would
be unable to maintain the properties at the levels that they are maintained at the present time and the
Housing Authority would then have to continually authorize overtime to the maintenance staff in order to
keep the properties landscaped at minimal levels.
CADocuments and Settings\jhayes\Local SettingsUemporary Internet Fi1es\0LKF\B0 liar Freitas L,andscaping.doc
SHORT FORM SERVICE CONTRACT
Housing Authority of the Number
County of Contra Costa Fund/Org:
Account#
Other#
1. Contract Identification: SUBJECT: FRETIAS LANDSCAPING
2. Parties: The Housing Authority of the County of Contra Costa, California (Authority),
and the following named Contractor Freitas Landscaping mutually agree and promise as follows:
CONTRACTOR: Freitas Landscaping Taxpayer ID: 572-98-4840
CAPACITY: Landscaper
ADDRESS: 1072 San Pablo Ave. PO Box 226 Pinole, CA 94564
3. Term: The effective date of this Contract is January 1, 2006 and ends December 31, 2006 with two,
one-year optional renewals. The first renewal to begin on January 1, 2007 and end December 31, 2007,
second renewal period to start January 1, 2008 and end December 31, 2008 and it terminates upon
satisfactory completion unless sooner terminated as provided herein.
4. Termination: This Contract may be terminated by the Authority, at its sole discretion, upon five-day
advance written notice thereof to the Contractor, or canceled immediately by written mutual consent.
5. Payment Limit: Authority's total payments to Contractor under this Contract shall not exceed
$130,068 for year 2006. $133,320 for year 2007 and $136,653 for year 2008.
6. Authority's Obligations: In consideration of Contractor's provision of services as described below, and
subject to the payment limit expressed herein, Authority shall pay Contractor, upon Contractor's
submission of a properly documented demand for payment which shall be submitted not later than 30
days from the end of the month in which the contract services were rendered, and upon approval of such
demand by the Executive Director of the Authority or his designee, as follows:
(Check one alternative only)
❑ a. FLAT RATE: $
❑ b. Payment in full after approval by the Executive Director.
❑ c. As set forth in the attached Payment Provisions.
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Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
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7. Contractor's Obligations: Contractor shall provide the following described services: The Contractor
will provide the following scope of work at all sites:
A. The Contractor will be responsible for weekly landscaping at each site. Contractor can gain ac
properties from 8:00 AM —4:30 PM Monday— Friday.
B. Contractor will be responsible for providing the services required to accomplish the following o
Provide all management tools, supplies, equipment, and labor necessary to ensure proper ma
and landscaping of Housing Authority offices and properties.
C. Grooming - All grass shall be cut a height of 2 '/2". The Contractor will trim edges around all t
drives, curbs, walks, and planted areas. Lawn areas shall be kept clean of leaves, dirt, grass i
trash and debris. Grass cutting will be done no more than once a week or as required, and all
edging, and cleaning will be done after cutting. Edging and cutting will be done when needed
than two times per month. All lawn clippings are to be bagged and removed from the premise:
Contractor.
D. Fertilizer—The Contractor shall fertilize lawns twice per year. The fertilizer applied by the Co
shall be of a granular type 12-12-12. The Contractor shall spread fertilizer by using a broadca
mechanical spreader at a rate of 600lbs/acre in early spring and fall. The application should b
than 75 lbs./100 sf. During any one season. The Contractor must leave a service report with t
Maintenance Supervisor or Lead Mechanic for the application listed above. The report shall cc
location, chemical, and application rate.
E. Seeding —The Contractor shall over seed lawn areas at least once a year at the fall planting
using a drought resistant mixture, or other hybrid turf type rye agreed upon with the Housing A
Maintenance Supervisor. The Contractor shall aerifiy lawn areas one time per contract year.
F. Sprinklers — Contractor to report to Housing Authority Maintenance Supervisor or Lead Mech;
sprinkler or sprinkler system that appears to be broken or not operating (i.e. brown lawns, or p
material needing water).
G. MSDS (Material Safety Data Sheets) —The Contractor is required to furnish MSDS or manuf
equivalent information sheets, on the products and/or chemicals used in performing the servic
in this RFP to the Housing Authority Maintenance Supervisor of Lead Mechanic. These sheet:
complete chemical ingredients including the percentage composition of each ingredient on the
(down to 0.1%), the chemical abstract services numbers for those substances listed any poten
hazardous products which may off gas during or flowering application. Failure to do so may cc
reason for termination of the contract. Spray Containers must be labeled according to OSHA
19101200.
H. Tree, Shrub, Plant, and Bush Beds —All beds and tree wells to be cultivated, mulched/stone
of weed and leaves at all times. All plants shall be sprayed and/or treated as deemed necessz
eliminate all types of infestation. All shrubs, shrub beds, and ground cover are to be fertilized
according to their particular needs. Shrubs and small trees are to be pruned and/or sheared d
growing season to promote healthy limb growth, shape, and size for planting location.
I. Re-mulching of Beds —A top dressing of shredded hardwood bark mulch shall be applied to
beds in the spring and fall. Removal of built up mulch must be accomplished at this time, whe
necessary, to maintain healthy plant, shrub, and tree growth. Weed control must also be accc
this time.
I Pruning —All deciduous trees shall be pruned as necessary to promote good shape and healt
growth.
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Authority's Obligations:
The Authority will be responsible for completing the proposal certifications. The Housing Authority
personnel will be available to give Contractor access to the property in which the landscaping services are
to be performed. The Housing Authority shall evaluate the Contractor's performance through intermittent
on-site inspections, receipt of complaints from Housing Authority personnel, and may inspect each task
completed if deemed appropriate.
8. Compliance with Law: Contractor shall be subject to and comply with all Federal, State and local laws
and regulations applicable with respect to its performance under this Contract, including but not limited to,
licensing, employment, and purchasing practices; and wages, hours and conditions of employment,
including nondiscrimination.
9. Nondiscriminatory Services: Contractor agrees that all goods and services under this Contract shall be
available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic
background, or handicap, and that none shall be used, in whole or in part, for religious worship or
instruction.
10. Independent Contractor Status: This Contract is by and between two independent contractors and is
not intended to and shall not be construed to create the relationship between the parties of agent, servant,
employee, partnership, joint venture, or association.
11.Disputes: Disagreements between the Authority and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
Executive Director of the Authority, or his designee, or in accordance with the applicable procedures (if
any) required by the State or Federal Government.
12. Access to Books and Records of Contractor, Subcontractor: Pursuant to Section 1861(v)(1) of the
Social Security Act, and any regulations promulgated thereunder, Contractor, shall, upon written request
and until the expiration of four years after the furnishing of service pursuant to this Contract, make
available to the Secretary of Health and Human Services, the Comptroller General, the Authority, or any
of their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if
Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of
$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that
upon written request and until the expiration of four years after the furnishing of services pursuant to such
subcontract, the subcontractor shall make available, to the Secretary, the Comptroller
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Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
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General, the Authority, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges hereunder. This special condition is in addition to any and all other terms regarding the
maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
13. Reporting Requirements: Pursuant to Government Code Section 7550, Contractor shall include in all
documents or written reports completed and submitted to Authority in accordance with this Contract, a
separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the
preparation of each such document or written report. This section shall apply only if the payment limit
under this contract exceeds $5,000.00.
14. Indemnification: The Contractor shall defend, indemnify, save, and hold harmless the Authority and its
officers and employees from any and all claims, costs and liability for any damages, sickness, death, or
injury to persons(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or sub-contractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the Authority or its officers or
employees. Contractor will reimburse the Authority for any expenditures, including reasonable attorney's
fees, the Authority may make by reason of the matters that are the subject of this indemnification, and if
requested by the Authority will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
15. Signatures: These signatures attest the parties' agreement hereto:
HOUSING AUTHORITY OF THE CONTRACTOR
COUNTY OF CONTRA COSTA
Approved By: Designee:
Executive Director
(Designate Official Capacity)
Date: Date:
By: Designee
(Form approved by County Counsel)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers.
Signature A must be that of the president or vice-president and signature B must be that of the Secretary
or Assistant Secretary (Civil Code Section 1190.1 and Corporation Code Section 313).
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