Consideration of the adoption of a resolution awarding a Landscape Maintenance Services Contract to Town & Country Gardening for all Base Bid plus Additive Bid locations for a total cost of $110,930 and a term of One Year.

Adopt a resolution awarding a Landscape Maintenance Services Contract to Town & Country Gardening for all Base Bid plus Additive Bid locations for a total cost of $110,930 and a term of One Year, and authorizing the City Manager, or his designee, to expend up to 10%, $11,100, as contingency for any additional work that may be required during the Contract term.

The purpose of this Contract is to provide landscape maintenance services at 31 locations throughout the City. Key activities include planting, mowing, weeding, edging, pruning, raking, sweeping, minor irrigation repairs, and litter pickup. Many tasks will be performed weekly while other tasks will be performed bi-weekly, monthly, or quarterly. This structured contract will provide for landscape maintenance on a consistent and well-documented basis.

To ensure that at least the most labor-intensive sites were covered in the Contract and to stay within budget, the 31 locations were segmented into 19 sites in the Base Bid, plus 12 additional Alternate Bid sites which would also be awarded only if the combined total cost was within budget.

The 19 Base Bid locations include:

            ·         Scenic Road Steps and Patios

            ·         Vista Lobos

            ·         First Murphy Park and Garden

            ·         Sunset Center Grounds

            ·         Forest Hill Park

            ·         Tennis Courts 

            ·         Lester Rowntree Native Plant Garden

            ·         Flanders Mansion Grounds

            ·         Ocean Avenue Paths and Medians

            ·         Devendorf Park

            ·         Piccadilly Park

             ·        Harrison Memorial Library

             ·        Park Branch Library

The 12 Additive Bid locations include:

·        Mountain View Entrance into Mission Trail Nature Preserve

·        Post Office Parking Lot/Plaza

·        Six (6) Pathways/Walkways

·        Rio Road Pathway and Medians

·        Forest Theater Grounds

·        Scout House Grounds

·        Public Works/Police Complex Grounds

With a good service record over the first year term, the Contract provides for the option of extending the Contract for up to three (3) one-year renewals pending City Council authorization each year.

Bid documents and technical specifications were prepared by the Contract Project Manager of Viva International, and Public Works/Forestry, Parks & Beach staff. The Contract was advertised for bids effective September 1, 2017 with two postings in the Carmel Pine Cone, as well as postings on websites of the California Landscape Contractor's Association, Public Purchase, eBidBoard, and the City’s website. In addition, courtesy notification letters were sent to 134 landscaping and related firms. Nine (9) firms were represented during a mandatory pre-bid conference and job walk held on September 13, 2017. 

Three (3) bid proposals were received on October 3, 2017 prior to the deadline, and the bids were promptly read aloud as follows:

Two of the three bid proposals were deemed to be non-responsive as follows. First, Greenscape California failed to submit a bid bond or other bid security in violation of the California Public Contract Code Division 2, Part 3, “Contracting by Local Agencies,” Chapter 1, “Local Agency Public Construction Act, Section 20483 which states,

“(a) All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security which amounts to 10 percent of the bid:

(1) Cash.

(2) A cashier’s check made payable to the legislative body.

(3) A certified check made payable to the legislative body.

(4) A bidder’s bond executed by an admitted surety insurer, made payable to the legislative body.”

K&D Landscaping failed to provide bid prices for all 12 Additive Bid locations rendering their proposal incomplete and thus non-responsive. A fourth potential bidder attempted to submit their bid proposal three minutes after the deadline, and their proposal was immediately returned to them unopened.

Greenscape California promptly submitted a bid protest letter, attached, claiming that they submitted the lowest “Reasonable” bid citing:

           A)   Greenscape already has insurance and bonds on file with the City for another project.

           B)   Town and Country’s Base Bid was unreasonably too low and their Additive Bid was unreasonably too high.

         C)   Greenscape's experienced gardeners earn more than prevailing wages and therefore are better qualified to do better work.

As discussed with the protester, Staff’s rebuttal to the protest follows point for point:

          A)   Per the California Public Contract Code, bid security is required for all bids. Bonds and insurance already on file with the City cover only a difference project. Thus, Greenscape’s bid is non-responsive.

        B)   Award of this Contract was based on the lowest Base Bid. Town & Country’s Base Bid was 26% below that of Greenscape’s Base Bid. Further, Town & Country’s Base Bid and Additive Bid averaged $4,107 and $2,740 per site, respectively. Greenscape’s Base Bid and Additive Bid averaged $5,556 and $1,262 per site, respectively. While both firms demonstrated the cost-effectiveness of economy of scale, an equal argument can be made that Greenscape’s Base Bid was too high and their Additive Bid was too low.

        C)   The Contract requires payment of prevailing wages, or more, for all workers on this Contract. The specifications states the quality and level of service requirements that must be achieved in order for any contractor to be in compliance with the Contract. The argument that Greenscape is attempting to make that their gardeners are "better qualified" does not change the minimum standards of quality included in the specifications.

Based near the Rio Road/Carmel Rancho Boulevard intersection, Town & Country Gardening submitted the only responsive, responsible bid proposal for this Contract. They possess a valid C-27 Contractor’s License, have recent experience serving Monterey County such as at Toro Park, and had excellent references. 

Prior to bidding, staff anticipated the low Base Bid, plus Additive Bid locations, to be in the $100,000 to $125,000 range. The sole responsive bid of $110,930, plus the 10% contingency of $11,100, equals $122,030; thus, landscape maintenance of all 31 locations are covered in the budget. 

Sufficient funding is available in the Public Works Department Operating Budget, Contractual Services account #76053.

None.