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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: March 22, 2005

Subject/Title: Authorize the City Manager to approve Professional Services Agreements with MCE Corporation, Cagwin and Dorward, and West Coast Arborists for citywide landscape and tree maintenance for the City of Brentwood and authorize the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate.

Prepared by: Ken De Silva, Park Services Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve staff’s recommendation to enter into professional services agreements with MCE Corporation, Cagwin and Dorward, and West Coast Arborists for citywide landscape and tree maintenance for the City of Brentwood.

Authorize the City Manager to approve extra work and approve annual renewals based on the contract document.

PREVIOUS ACTION
City Council approved a landscape maintenance contract with MCE Corporation on May 23, 2000 for City of Brentwood landscape maintenance.

BACKGROUND
Summary:
The Parks and Recreation Department has been involved in an extensive bid process over the last five months to re-bid all of our landscape maintenance of City-owned facilities which include all parks, streetscapes and trees. Through the bid process, the selection of bidders has been narrowed down to three companies – MCE Corporation, Cagwin and Dorward and West Coast Arborists, Inc. Staff is making the recommendation to hire all three of these contractors based on their qualifications and competitive bids that were received. MCE will maintain all streetscapes and open space, Cagwin & Dorward will maintain our City parks, and West Coast Arborists will maintain all City owned trees. The new contracts will start 30 days after Council approval. A Professional Services Agreement will be entered into with these three companies for the length of the contract and a new Purchase Order will be issued corresponding to our fiscal year’s budget.

As a result of putting the contract back out to bid, approval of the staff’s recommendation will result in an overall saving of approximately 15% in the yearly contract maintenance contract. In the end, the City considered three final proposals based on their qualifications and the following annual base bid results:

Category MCE C&D WCA
Parks $608,572 $581,352 No Bid
LLD’s $782,145 $797,619 No Bid
R-areas $388,209 $379,617 No Bid
Other $62,253 $35,804 No Bid
Open Space $23,258 No Bid No Bid
Trees No Bid Partial Bid As Per Appendix F

As a Professional Service Agreement, the contract awarding is not only a “low bid” consideration, but is based on the qualifications of the bidders. All of the bidders met our qualifications and we are recommending choosing the low bidder in each of the three categories. After reviewing the bids, staff is recommending award of the contract as follows:

• MCE will be awarded the maintenance of all City streetscapes and open space areas.
• C & D will be awarded maintenance of all City of Brentwood parks.
• WCA will be awarded all tree maintenance of City owned areas. They did not bid landscape maintenance since they are a tree maintenance company only.

Details:
The existing maintenance contract with MCE Corporation was approved to start at the beginning of fiscal year 2000. This was a one (1) year contract with the possibility of two (2), three-year extensions. The City exercised a three-year extension for July 1, 2001- July 30, 2004. However, the City notified MCE of its intent to put the contract out to bid instead of extending a second three-year agreement July 1, 2004.

City landscape acreage has increased consistently, and significantly, since Fiscal Year 2000/2001.

Fiscal Year LLD acres Park acres R Area acres Total acres
00/01 20.3 30.68 33.81 84.79
01/02 46.68 54.63 17.49 118.8
02/03 67.56 62.67 17.49 147.72
03/04 82.08 89.08 19.1 190.26
04/05 86.8 103.9 27.5 218.19
05/06 116.49 144.90 38.13 299.52

Staff felt that the City’s growth of landscaped facilities would offer better economy of scale, and thus a better environment for more competitive bidding of these services. MCE Corporation was notified in writing (Attachment 1) that their next three-year extension would not be renewed and the City of Brentwood would be taking these services out to bid in 2005.

Staff felt it important to establish a competitive environment not only for bidding our landscape maintenance work but also for performing this work over the years to come. Our bid document was set up to allow the City to select either one or more separate contractors, to do our work over the length of the contract. The RFP breaks the bids down into three major categories (Parks, Streetscapes, and Trees) and also extra work. There are also numerous subcategories of each of these areas as well. As extra work categories, we felt it important to project what our future needs may be over the next five or six years and capture these possible costs.

City staff developed an extensive process for competitively bidding our landscape maintenance:

Request for Qualifications

The first phase of this process involved the Request for Qualifications (RFQ). This document (Attachment 2) discussed what the City of Brentwood was looking for in the way of standards of maintenance and what we felt were the requirements of what we considered a contractor capable and “worthy” of doing business with us. This document was reviewed, and approved, by our Engineering Department and our City Attorney before distribution. An ongoing list of interested landscape maintenance contractors was established four years ago and any company that wanted to be notified when our maintenance contract was going out to bid was sent the RFQ. On December 15, 2004, thirty-one RFQ packets were mailed out to those on our list of interested contractors as well as local Brentwood landscape contractors. It was made very clear that only State of California licensed landscape contractors would be allowed to be considered for competition. An additional 20 RFQ’s were sent to Plan Houses/Builders Exchanges in our local area and some even out of state (Attachment 3). An article (Attachment 4) was also published in the Contra Costa Times Legal Section on December 19 and 22, 2004. We received 14 RFQ’s on the due date of January 3, 2005. These fourteen companies were sent (via email and mail) acknowledgement of receipt letters.

Staff (the Director of Parks and Recreation, Park Services Manager, and two Park Supervisors) reviewed all fourteen submittals. Of the fourteen RFQs that were received, eight received passing scores and were invited to compete in the Request for Proposal (RFP) phase of this process. These companies were:

• Cagwin and Dorward
• Coast Landscaping
• Davey Tree Company
• Grover Landscape Services
• MCE Corporation
• Pacheco Brothers Landscaping
• Valley Crest Landscaping
• West Coast Arborists

On January 14, 2005, all fourteen companies were sent a letter (Attachment 5) identifying who was selected. Staff also called the six companies that did not succeed in the RFQ phase to ask if they had any questions regarding the process. Several of the companies that did not succeed met with staff to review our scoring process and their RFQs and seemed to understand the eventual outcome of the process.

Request for Proposals

The next phase of this process was much more detail oriented. Staff produced an 80-page document (Attachment 6) with Appendixes/Addendums (Attachment 7) to all eight companies wishing to compete. This document was also reviewed by Engineering staff and our City Attorney. As noted in the document, all bidders were provided very detailed information including landscape acreage of sites they were bidding on. We also provided our entire tree inventory (some 11,000 + City maintained trees) on an Excel spreadsheet. Site maps of all sites were provided to all bidders on a CD in PDF format. (map examples on Attachment 8, see separate PDF files 1-5) Irrigation charts of areas were also provided on the CD. The RFP was sent out on January 7, 2005 with a due date of February 4, 2005.

There was a mandatory pre-bid meeting on January 19, 2005. At this meeting six companies chose to compete:
• Cagwin and Dorward,
• Davey Tree Company
• MCE Corporation
• Pacheco Brothers Landscaping
• Valley Crest Landscaping
• West Coast Arborist

Addendums were issued on January 12th and 28th to clarify the RFP document based on formal questions received via a formal questionnaire or at the mandatory pre-bid meeting. On January 28, 2005 a formal extension to the deadline was sent out extending the RFP due date one week from February 4, 2005 to February 11, 2005.

On February 11, 2005 the City received three RFP’s.
• Cagwin and Dorward
• MCE Corporation
• West Coast Arborist

The Interviews and Analysis of Information

After thoroughly reviewing the RFPs, staff then interviewed the three contractors on February 17, 2005. All three companies submitted very professional documents and interviewed well. All three companies met the qualifications and standards we were searching for. A summary analysis of the base bids received is listed at the beginning of this staff report. The following is a comparison of the bids received for additional work as identified in our RFP:
APPENDIX D AND F COMPARISON
Item Appendix D - Extra Work C&D MCE WCA
1 Gen’l Gardening $ 40.00 $ 58.70 $ 100.00*
2 Specialty Irrigation. $ 45.00 $ 70.50 NB
Specialist $ 55.00 - NB
3 Gen'l Pesticide - PCO $ 65.00 $ 132.00 NB
Back pack application $ 45.00 $ 49.50 NB
4 Tree limb removal $ 286.00 NB $ 225.00
5 Lrg turf treatments $ 2,238.00 $ 2,384.00 NB
6 Medium turf treatments $ 1,042.00 $ 2,002.00 NB
7 Small turf treatment $ 121.00 $ 550.00 NB
8 Install bark $ 191,547.00 $114,114.00 NB
9 Streetscape area $ 956.00 $ 935.00 NB
10 Post & Cable/bike trail maintenance $ 2,463.00 $ 4,416.50 NB
11 Irrigation repair - spray heads $ 233.00 $ 81.49 NB
I40 rotors $ 403.00 $ 199.90 NB
12 tree replacement $ 500.00 NB $ 1,100.00
13 Open space litter & debris $ 1,735.00 $ 1,344.20 NB

Item Appendix F – Tree Work C&D MCE WCA
1 Grid/annual tree trimming $ 185.00 NB $ 49.00
2 0" - 6" full trim $ 45.00 NB $ 20.00
7" -12" $ 90.00 NB $ 60.00
13" - 18" $ 315.00 NB $ 90.00
19" - 24" $ 450.00 NB $ 150.00
25" & over $ 2,160.00 NB $ 300.00
3 0" - 6" clearance trim $ 5.00 NB $ 10.00
7" -12" $ 10.00 NB $ 20.00
13" - 18" $ 10.00 NB $ 20.00
19" - 24" $ 15.00 NB $ 30.00
25" & over $ 45.00 NB $ 30.00
4 up to 20" complete tree/stump removals $ 27.00 NB $ 19.00
above 20" $ 77.00 NB -
up to 20" tree removals $ 20.00 NB $ 16.00
above 20" $ 70.00 NB -
Stump removals per diameter inch $ 7.00 NB $ 8.00
5 15 gal w/barrier tree planting $ 135.00 NB $ 135.00
15 gal w/o barrier $ 190.00 NB $ 110.00
24 inch w/barrier $ 375.00 NB $ 250.00
24 inch w/o barrier $ 425.00 NB $ 210.00
6 Crew rental - 1 man $ 65.00 NB $ 50.00
3 man crew $ 195.00 NB -
7 Crew rental OT - 1 man $ 85.00 NB $ 65.00
3 man crew $ 255.00 NB -
8 Tree inventory NB NB $ 1.00
9 Tree inventory using GPS NB NB $ 3.00
10 Equipment rates incl. NB various/not incl.
11 Material at cost plus 15% NB 15%
12 Merit Soil Drench per diameter inch $ 4.00 NB NB
13 Arbor green tree soil injections per inch $ 2.00 NB NB
The complete detail bid sheet from each bidder is available for review as Attachment 9 & 10, separate Excel spreadsheets
* Tree removal/replace under 10”
Staff Recommendations

All Streetscapes and Open Space:
Staff recommends awarding this work to MCE Corporation. MCE is currently doing work for us as our landscape maintenance contractor. They are very familiar with our standards and our landscape areas. They were the low bidder on this segment of our contract for the annual base bid. We wish to award the LLD, R Area, and Open Space Contract to this contractor.

Bid Comparisons: MCE C & D
LLD $782,145 $797,619
R Area $388,204 $379,617
Total $1,170,349 $1,177,236
Open Space $23,258 No Bid
Total $1,193,607

The base bid for MCE Corporation’s work is $1,193,607/year
The amount for this fiscal year will be $298,401.

All Parks:
Cagwin and Dorward is a company that has been in business since 1955. Since they were the lowest bidder on the Park component of our bid process, staff recommends awarding this segment of work to them. Since the parks are much easier to monitor than our streetscapes, we feel comfortable in turning over this maintenance responsibility to this company. Since we have not worked with them before, we feel it is important to monitor their work more closely than a known company like MCE or West Coast Arborist. This assignment will accommodate this need.

Bid Comparisons: MCE C & D
Parks $608,572 $581,352
Waste Water Plant $ 54,787 $31,124
Tech Center $ 7,466 $4,680
Total $670,825 $617,156

The base bid for Cagwin and Dorward ’s work is $617,156/year
The amount for this fiscal year will be $154,289.

Trees:
West Coast Arborists (WCA) is currently a subcontractor of MCE doing our tree work. We have been very pleased with the work that this company has performed for us. In the scenario we have chosen, we will work directly with WCA and not though MCE. MCE passed on to the City a markup of 15% for the work that WCA performed for us. We eliminate this additional cost by working directly with WCA. This company set up our tree inventory and has maintained our database of any tree work performed. They will continue this service for us.

WCA and Cagwin and Dorward were the only two companies that bid the tree work. The comparison for this work is associated with Appendix F. WCA was the low bidder for this work. There were also several areas of work that Cagwin and Dorward did not bid in this category.

The base bid for West Coast Arborists work is $150,000/year.
The amount for this fiscal year will be $37,500.
FISCAL IMPACT
All costs associated with these Professional Services Agreements are within the existing budgets approved for this fiscal year as well as those proposed for next fiscal year. Overall, by bidding out the contract and awarding to more than one company, the City expects to save approximately 15% on maintenance costs for the coming fiscal year.

ATTACHMENTS
Resolution
Professional Services Agreements

The following documents are provided as hard copies due to the size of the documents:
Attachment 1 – Letter to MCE
Attachment 2 -- RFQ
Attachment 3 – RFQ Plan holder List
Attachment 4 – Contra Costa Times Article
Attachment 5 – Selection Letter for RFQ
Attachment 6 -- RFP
Attachment 7 – Addendums 1-3
Attachment 8 – Maps 1-5
Attachment 9 & 10 - MCE and Cagwin and Dorward Bid Sheets

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICES AGREEMENTS WITH MCE CORPORATION, CAGWIN AND DORWARD, AND WEST COAST ARBORISTS FOR CITYWIDE LANDSCAPE AND TREE MAINTENANCE FOR THE CITY OF BRENTWOOD AND AUTHORIZE THE CITY MANAGER TO APPROVE NECESSARY DOCUMENTS FOR THE BASE BID, EXTRA WORK AND EXTENSIONS AS APPROPRIATE

WHEREAS, Park and Recreation Department staff developed a comprehensive bid document for landscape and tree maintenance on City owned facilities, and

WHEREAS, The bidding process was executed in a process allowing for the fair competition of this work, and

WHEREAS, staff has adequately analyzed the bid documents and made recommendations for award of this contract based on the information received

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves authorizing the City Manager to enter into a professional services agreement with MCE Corporation, Cagwin and Dorward, and West Coast Arborists, for citywide landscape and tree maintenance for the City of Brentwood and authorize the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on March 22, 2005 by the following vote:

AYES:
NOES:
ABSENT:

PROFESSIONAL SERVICES AGREEMENT

CITY OF BRENTWOOD LANDSCAPE AND TREE MAINTENANCE CONTRACT FOR CITY-WIDE PARK AND ROADWAY LANDSCAPE MAINTENANCE

THIS AGREEMENT FOR MAINTENANCE is made and entered into this 22nd day of
March, 2005, by and between the City of Brentwood (herein called City) and MCE Corporation, a California corporation located at 6515 Trinity Court, Dublin, CA 94568, herein called Contractor.

The City and the Contractor agree as follows:

(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for maintenance in strict accordance with the Contract Documents and performing all other requirements of the Contract Documents, the annual sum of One Million, One Hundred Ninety Three Thousand, Six Hundred Seven dollars ($1,193,607.00), plus 10% contingency, to be paid in accordance with the Contract Documents.

(2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.

(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Agreement are hereby made a part of and incorporated by reference into this Agreement: Contract Proposal, Contractor’s Certificate Regarding Worker’s Compensation, Certificate of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and Endorsement (General Liability), Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, attachments, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular scheduled meeting of March 22, 2005, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD CONTRACTOR:

By:
Donna Landeros, City Manager (Authorized Representative of Contractor)

Dated: , 2005 Printed Name:

ATTEST:

Cynthia Garcia, Interim City Clerk

APPROVED AS TO FORM:

Tom Curry, Interim City Attorney

PROFESSIONAL SERVICES AGREEMENT

CITY OF BRENTWOOD LANDSCAPE AND TREE MAINTENANCE CONTRACT FOR CITY-WIDE PARK AND ROADWAY LANDSCAPE MAINTENANCE

THIS AGREEMENT FOR MAINTENANCE is made and entered into this 22nd day of
March, 2005, by and between the City of Brentwood (herein called City) and Cagwin and Dorward, a California corporation located at 887-A Howe Road, Martinez, CA 94553, herein called Contractor.

The City and the Contractor agree as follows:

(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for maintenance in strict accordance with the Contract Documents and performing all other requirements of the Contract Documents, the annual sum of Six Hundred Seventeen Thousand, One Hundred Fifty Six dollars ($617,156.00), plus 10% contingency, to be paid in accordance with the Contract Documents.

(2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.

(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Agreement are hereby made a part of and incorporated by reference into this Agreement: Contract Proposal, Contractor’s Certificate Regarding Worker’s Compensation, Certificate of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and Endorsement (General Liability), Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, attachments, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular scheduled meeting of March 22, 2005, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD CONTRACTOR:

By:
Donna Landeros, City Manager (Authorized Representative of Contractor)

Dated: , 2005 Printed Name:

ATTEST:

Cynthia Garcia, Interim City Clerk

APPROVED AS TO FORM:

Tom Curry, Interim City Attorney

PROFESSIONAL SERVICES AGREEMENT

CITY OF BRENTWOOD LANDSCAPE AND TREE MAINTENANCE CONTRACT FOR CITY-WIDE PARK AND ROADWAY LANDSCAPE MAINTENANCE

THIS AGREEMENT FOR MAINTENANCE is made and entered into this 22nd day of
March, 2005, by and between the City of Brentwood (herein called City) and West Coast Arborists, a California corporation located at 2200 E. Via Burton Street, Anaheim, CA 92806, herein called Contractor.

The City and the Contractor agree as follows:

(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for maintenance in strict accordance with the Contract Documents and performing all other requirements of the Contract Documents, the annual sum of One Hundred Fifty Thousand dollars ($150,000.00), plus 10% contingency, to be paid in accordance with the Contract Documents.

(2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.

(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Agreement are hereby made a part of and incorporated by reference into this Agreement: Contract Proposal, Faithful Performance Bond, Contractor’s Certificate Regarding Worker’s Compensation, Certificate of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and Endorsement (General Liability), Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, attachments, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular scheduled meeting of March 22, 2005, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD CONTRACTOR:

By:
Donna Landeros, City Manager (Authorized Representative of Contractor)

Dated: , 2005 Printed Name:

ATTEST:

Cynthia Garcia, Interim City Clerk

APPROVED AS TO FORM:

Tom Curry, Interim City Attorney 

 

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