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HomeMy WebLinkAbout02/02/2010, C4 - PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT WITH VILLAGE HOST PIZZA AND GRILL, SLO, LLC co un ci l Maetina Dae j agenba 12EpoiA Item Number C I T Y OF S AN L U IS O B I S P O FROM: Betsy Kiser,Parks & Recreation Director Prepared By: Linda Fitzgerald,Recreation Manager SUBJECT: PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT WITH VILLAGE HOST PIZZA AND GRILL, SLO,LLC RECOMMENDATION Approve an agreement with Village Host Pizza and Grill, SLO, LLC for park maintenance and outdoor dining on City-owned property, located at 2163 Santa Barbara Street. DISCUSSION In October 2004, Council approved an agreement between the City and Village Host Pizza and Grill, SLO, LLC to maintain the park space located at 2163 Santa Barbara Street (the former Water Conservation Demonstration Garden). The previous owner (Pizza Brokers, Inc.) had built an outdoor dining area which extended onto City property and in exchange, the owner would maintain the park space and the public art piece for a five year period. Village Host Pizza and Grill inherited the conditions of the initial agreement when it took over the business and completed any deficiencies left from the previous owners, including installation of the public art piece. For the past five years, the park space and public art piece have been reasonably maintained. Recent concerns over dying plant materials and ongoing maintenance for the public art (i.e. lighting) have been addressed in a new agreement which provides standards on how the park space will be maintained and steps to be taken if the owners fail to properly maintain the area. The remaining conditions have not been changed. The previous agreement set the term for five (5) years; Village Host Pizza owners are asking for a ten (10) year agreement. Staff supports the longer term agreement as there is sufficient language in the new agreement regarding performance by Village Host to maintain the area by prescribed standards, and steps to rectify any deficiencies should they occur. CONCURRENCES The Public Works and Parks and Recreation Departments concur with the recommendation. FISCAL IMPACT No fiscal impact. The owners will continue to pay related utility costs and maintain the park space. Without this arrangement with Village Host Pizza and Grill, the City could incur costs of$2,100 annually for maintenance plus an estimated utility cost for irrigation and public art lighting of approximately$1,700/year. Park Maintenance and Outdoor Dining Agreement Page 2 ALTERNATIVES 1. Do not enter into the Agreement. The City would assume responsibility for the maintenance and utilities of the park space and public art piece at a time when there are no funds available in the Parks Maintenance budget for expansion. Another agreement would have to be developed regarding the outdoor dining area and could possibly result in fees charged to Village Host for that portion on City property. The agreement provides a win/win situation for both parties, with the City having the park space and public art maintained by the neighboring restaurant ownership and Village Host Pizza and Grill able to offer outdoor seating as a benefit to its customers. 2. Modify the Terms of the Proposed Agreement. The new agreement strengthens the previous arrangement between the City and Village Host as negotiated. Council could choose to add minor modifications as it deems necessary. ATTACHMENT Park Maintenance and Outdoor Dining Agreement T:\Council Agenda Reports\Parks&Recreation\Village Host Agreement\CAR—Village Host Agreement ATTACH"SENT P111A`1fl'IEhT 1 PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of 2010 by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as City, and VILLAGE HOST PIZZA & GRILL, SLO, LLC, hereinafter referred to as Contractor. This Park Maintenance and Outdoor Dining Agreement does not convey a long-term or permanent interest in public property. WITNESSETH: WHEREAS, the City owns a parcel at 2163 Santa Barbara Street, hereinafter referred to as City-owned park space,that serves as a gateway to the community,and WHEREAS, Contractor has an outdoor dining area in which a portion was built on the City-owned park space adjacent to their restaurant at 2138 Broad Street,and WHEREAS, Contractor has previously improved and maintained the City-owned park space adjacent to the restaurant location,and WHEREAS, Contractor has been responsible for the installation and maintenance of the public art piece located in the City-owned park space,and WHEREAS,Contractor and City has had a previous agreement to maintain the City-owned park space,that expired on November 29,2009. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be for ten (10) years. It will automatically end upon expiration of the business tax certificate or upon failure to perform the required maintenance. The City retains the right to cancel this Agreement with 30 days written notice,with or without cause. 2. CONTRACTOR'S OBLIGATIONS. In exchange for improvements made to the outdoor dining area partially located on City-owned park space and installation of the public art, the Contractor shall be entitled to lease the previously described space with the following conditions: a. Provide proof of public liability insurance in the amount of$1,000,000,which by an endorsement names the City as additionally insured for the term of the agreement. b. Maintain the City-owned park space in accordance with the approved landscape plan, attached and incorporated herein by reference as Exhibit A, the detailed description of work at Level 3 incorporated herein by reference as Exhibit B,and to the satisfaction of the City's Parks Maintenance Supervisor. C. Maintain outdoor dining area, City-owned park space,and public art in a clean and safe manner at all times,ensuring that the lighting on the public art piece is functioning as intended. d. Items used for dining outdoors may not be left outside overnight. e. Contractor will continue to pay all related utility costs toward maintenance of the City-owned park space and public art. C4-3 AMC TIENT AflACHMUT 1 Park Maintenance&Outdoor Dining Agreement Page 2 3. CITY'S OBLIGATIONS. a. City will periodically inspect the maintenance of the park space and public art. b. Permit the Contractor to serve alcoholic beverages in the outdoor dining area, subject to approval from the Alcoholic Beverage Control Board. 4. FAILURE TO PERFORM. In the event that the City-owned park space is not maintained to an acceptable level, the City will provide written notice to the Contractor on the corrective work to be accomplished. Contractor will have 30 days from the date of the notice to remedy any deficiencies. If the Contractor fails to perform the requested work after 30 days notice, City will obtain the services of a landscape contractor to restore the park space to the levels defined in the approved landscape plan and bill the Contractor for the costs. 5. RENT. In exchange for maintenance responsibilities undertaken by Contractor and the installation of the required public art,no rent will be charged. 6. AMENDMENTS. Any amendment,modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 7. TRANSFERABILITY. This agreement is transferable upon written consent by the City and Contractor. S. INDEMNIFICATION. Contractor shall indemnify the City, its officers, agents, and employees against,and shall hold them harmless from any loss,costs,damages,expense(including attorney fees)or liability by reason of injury or death of any person,or damages to or destruction of any property arising out of or in connection with this agreement. 9. INSURANCE. Contractor shall provide insurance coverage as set forth in INSURANCE REQUIREMENTS, OPERATION AND MAINTENANCE CONTRACTS, attached and incorporated herein by reference as Exhibit C. 10. TAXES. This Agreement creates an interest in real property that may be subject to a possessory interest tax. Contractor shall be responsible for any payment of any taxes due. 11. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. O,q—q A AC�� `ENT ATT„C!iiv*BT Park Maintenance&Outdoor Dining Agreement Page 3 12. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement,understanding, or representation be binding upon the parties hereto. 13. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Village Host Pizza&Grill,SLO, LLC Ronald Santero Jerome Gilmore Thomas Fleweger 2138 Broad Street San Luis Obispo,CA 93401 14. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each parry is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Elaina Cano Mayor,David F.Romero APPROV D AS TO FORM: CONTRACTOR By: ity Attorney J.Christine Dietrick Village Host Pizza&Grill,SLO,LLC i 12 -5 ATTACHPI—NT EMIBIT Exhibit A Village Host Agreement 7 Hsi ,.911 gv of J)"M21"i CL0 0 'n :z a 00 j fill 6' 15-0" q: =r r+ NO cxC L rL 1! it 1 ti ca '10 :r im it (D 4w I = IP �1I1110HP1 1 Exhibit A Village Host Agree\� IBIi 9 g II�:`, a •..a L, L' I g 911H 4 8 FgSyG v I A ��A I >� I A� 3 n n %. _= " I ms , o . y co (7� x ? f ttt ttn r �` �I m C7 i Phi' d � ,•r�hi y Fd '.a`ny�+ Z 9Q / O .���) � akr t• 1 t - a 1 t 'N 'yESC9 � t trt ilia 'ti fit„ ft, Id, t �� � ��q� ��� �� n,�waoa• d 44 r cn AFF I m 91 j [oil S ATTAC AEN-11 EXHIBIT — I Exhibit B to Agreement SCOPE OF WORK AND SERVICE LEVEL DETAILED DESCRIPTION OF WORK 1. Litter Control. Ground Litter. The Contractor shall pick up litter as encountered during scheduled visits to the locations listed in Contract Proposal,taking particular care to remove fecal matter from turf areas and from areas that are highly traveled and highly visible, including parking lots. Posted Material. The Contractor shall remove all posters,flyers, signs,and advertisements including staples, tacks, nails, and tape that are attached to trees, poles,and any other structures. Disposal of Gathered Litter and Material. Disposal of collected litter shall be at the Contractor's expense and not deposited in site garbage cans and dumpsters.The City shall remove trash from site garbage cans unless otherwise specified. 2. Walkway Maintenance. Litter Control. The Contractor shall remove all trash, weeds, and foreign objects from walkway surfaces as established for each Service Level. The Contractor shall then remove all trash,weeds and foreign objects from the site. Blow Pack Use. In the downtown area, blow packs may be used between 7:00 a.m. and 10:00 a.m. In residential areas blow packs may be used between 8:00 a.m. and 5:00 p.m. All litter swept with a blow pack shall be picked up and removed from the site. Because of inherent noise and dust problems,the Contractor shall display courtesy and consideration towards citizens and businesses whenever a blow pack is used and shut down or direct blowing away from pedestrians. Washing. Washing walkways shall not be permitted unless specifically authorized by the City's Contract Manager and undertaken with proper controls to prevent pollution of stormwater. Pruning. In addition to the specified scheduled pruning, the Contractor shall prune trees,shrubs and groundcovers whenever necessary to keep walkways clear and to maintain pedestrian safety. Equipment Pads. Equipment pads shall receive the same maintenance as walkways. 3. Irrigation. Manual Irrigation. The Contractor shall manually irrigate vegetation as required to maintain proper plant growth. This manual irrigation shall include watering with hoses, hose bibs, quick couplers, nozzles, and sprinklers furnished by the Contractor. Manual irrigation may be required in addition to, in conjunction with, or in the absence of automatic irrigation. The Contractor shall irrigate at times of the day that shall ensure maximum plant health and minimum inconvenience for people using the area. The Contractor shall avoid water runoff onto roadways, walkways and other hard surfaces. Recycled water shall be prevented from landing on picnic tables and drinking fountains. Schedules. On January 1,April 1, July 1, and October 1o each year,the Contractor shall submit a proposed irrigation time of day schedule for all areas for the next 3 months.This schedule form will be provided by the city and the schedule must be approved by the City's Contract Manager. Automatic Irrigation. The Contractor shall operate all automatic irrigation systems. Automatic irrigation shall normally take place during night or early morning hours.The Contractor shall program automatic controllers for seasonal water requirements. During periods of rain,the contractor shall deactivate all automatic programming and go into"rain shut down.",.The contractor shall notify the City when"rain shut down"is both activated and deactivated. Failure to activate"rain shut down"during rainy weather will result in the contractor being liable for the cost of water used, per location, during rainy periods. Village Host Agreement Page 1 of 4 ��_ ATTACHW 'T EXHIBIT a-Z If plant material dies due to inadequate water or over watering,the Contractor shall replace all dead plant material within 3 weeks of written notification, at no cost to the City. Irrigation System Inspection and Repair.The contractor shall maintain all irrigation systems in proper adjustment to avoid water runoff or overspray onto adjacent properties, roadways,walkways and other hard surfaces. The contractor is responsible for repairs and replacements from the lateral line up, including swing-joints, risers, irrigation heads, drip emitters,and tubing.The City shall be responsible for any other irrigation system repairs. The Contractor shall perform monthly irrigation system inspections by turning the system on, checking for leaks, overspray and other coverage issues,and making necessary adjustments and repairs. The Contractor shall notify the City of the inspection and submit an irrigation report the first of every month during the irrigation season. The Contractor shall report any irrigation problems that are the City's responsibility, to the City as soon as noted, particularly any repairs needed for irrigation controllers, or improper coverage that could lead to plant death or site runoff.The Contractor shall manually irrigate an area as needed while an irrigation controller is being repaired. Before fertilization the Contractor shall check each automatic irrigation system for proper operation and adjustment. Non-Potable recycled)water training. Worker safety training is required for all workers working in identified areas that use non-potable (recycled)water.The training will be provided by the city and scheduled once the reclaimed systems are operable. Water Conservation. All irrigation schedules shall comply with any watering restrictions imposed by the City of San Luis Obispo Utilities Department during drought conditions. When the Utilities Department has imposed watering restrictions, the Contractor shall consult with the City's Contract Manager to determine the best allocation of available water, considering plant species,time of year, location, and other environmental factors. Each month the Contractor shall monitor the effects of manual irrigation. During periods of officially declared water use restrictions, the Contractor shall report each month the amount of water used at each work location. Failure to comply with any mandatory restrictions may result in the contractor being liable for the cost of water used per location. 4. Disease and Pest Control. Protection of Vegetation and the Public. The Contractor shall control and eliminate weeds, insects, rodents, and diseases that harm vegetation. In performing this pest control work,the Contractor shall use only materials and methods that will not harm the vegetation or the public. The City strongly encourages the use of Integrated Pest Management concepts in all parks. Application Plan. The Contractor shall provide an application plan to the City's Contract Manager for approval.This plan shall include the disease or pest to be treated,the type and name of the product proposed to be used and copies of both the product label and Material Safety Data Sheet(MSDS).. Following any pesticide application, the Contractor shall submit to the City's Contract Manager on the first of the month a copy of all pesticide use reports identifying the type and brand name of the chemical,the date, rate and specific location of application. Pesticide Application.Licenses and Permits. The Contractor and its employees and subcontractors shall have and maintain all required permits and licenses required by the State of California before applying any pesticide. Pesticide Acceptability. Any pesticide used shall be selected from the list approved by the State of California Department of Pesticide Regulations. Restricted materials may only be used with approval from the City and a permit issued by the San Luis Obispo County Agricultural Commissioner. Rodent Traps. The Contractor shall not use rodent traps without prior written approval from the City's Contract Manager for the location and type of trap to be used. Traps will not be allowed in any area where children could be expected to play. 5. Groundcover Maintenance. Edging. The Contractor shall edge all groundcover areas as specified for each Service Level. The primary purpose for edging the groundcover is to prevent it from growing onto walkways, roadways, hard surfaces,fences, Village Host Agreement Page 2 of 4 ATTACHMEN p EXHIBIT and walls. The Contractor shall not use chemical edging methods without prior approval from the City's Contract Manager. Fertilizing. The Contractor shall fertilize all groundcover areas as specified for each Service Level. Following application,fertilizer shall be thoroughly watered into the soil within 24 hours. The Contractor shall notify the City's Contract Manager via the submitted monthly schedule a minimum of one week before a fertilizer application. The groundcover fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of groundcover area per application. Any fertilizer landing outside the groundcover area shall be swept up and removed. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain groundcover areas in a weed free condition. This weeding may be performed by hand or by using selective herbicides. 6. Shrub Maintenance Pruning. The Contractor shall prune all shrubbery at the locations as specified for each Service Level. The primary purpose for pruning the shrubbery shall be to encourage healthy and attractive growth according to prescribed industry practices. Such pruning shall encourage the graceful, natural growth of the shrub and shall maintain plant health through removal of dead,diseased, or injured wood. The secondary purpose for pruning the shrubbery shall be to prevent it from growing onto walkways, roadways,and other hard surfaces. Where the specified pruning frequency is two times per year,the shrubs shall be pruned in the spring and fall. When required,the Contractor shall remove dead shrubbery. Fertilizing. The Contractor shall fertilize all shrub areas at the locations as specified for each Service Level. Where the specified fertilizing frequency is twice a year, the shrubs shall be fertilized in April and September. Where the specified frequency is other than twice a year, the application dates shall be approved by the City's Contract Manager. Immediately following application,fertilizer shall be thoroughly watered into the soil. The Contractor shall notify the City's Contract Manager one week before a fertilizer application. The shrub fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of shrub bed area per application. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain all shrub beds in a weed free condition. At a minimum, the contractor shall perform weeding at the locations as specified for each Service level. This weeding maybe performed by hand or by using selective herbicides. When weeding is completed, the Contractor shall rake the shrub beds clear of all leaves and debris. 7. Tree Maintenance. Pruning. The only purposes for pruning the trees shall be to maintain proper pedestrian clearances and to remove suckers. The Contractor shall not make structural changes to the trees. The Contractor shall report the need for any additional pruning to the City's Contract Manager. Staking. The Contractor shall make minor staking repairs to all trees as required. Minor repairs shall include replacing or repairing ties,and refastening boards and braces. The Contractor shall report the need for more extensive repairs to the City's Contract Manager. 8. Miscellaneous Weed Control. The Contractor shall maintain all fence lines, light standard bases, tree wells, buildings,walls, sidewalks, curbs, gutters,asphalt berms, parking lots, signs structures, and equipment pads etc. in a weed free condition. All non- landscaped areas shall be weed free. Herbicides used for weed control must have prior approval from the City's Contract Manager.The contractor shall perform all annual weed abatement in late May or as required by the San Luis Obispo Fire Department. 9. Site Inspection and Reporting. Review entire site on each occasion that a site visit is made for any reason. Correct any problems, including irrigation,damage, graffiti or user issues,the same day. Village Host Agreement Page 3 of 4 Cy-/o ATTAC, I NT EXHIBIT f Y SERVICE.LEVELS Level 3-Moderate level maintenance associated with locations that have moderate to low levels of development or visitation. Every Two weeks. Walkway and Turf Maintenance: Perform all aspects of Walkway Maintenance and mowing, edging and weed control work of Turf Maintenance every ten working days. Aeration: Complete aeration when turf vigor is low and prior to fertilization. Reseeding/sod: Reseed or install sod in bare spots for areas larger than 25 square feet. Fertilizer:Apply fertilizer when turf vigor is low at a minimum complete a low level application once per year. Litter Control: Complete all aspects of Litter Control,at a minimum, once every ten working days. High use may dictate higher levels during the warm season. Tree. Shrub and Groundcover Maintenance: Complete all aspects of tree, shrub and groundcover maintenance_ Complete all aspects of Tree, Shrub and Groundcover Maintenance when required for health, safety,walkway clearance or reasonable appearance. Usually twice per year but in some species or locations may need pruning more frequently. Disease and Pest Control: Disease and Pest control shall be performed as needed to prevent loss of vegetation. Surfaces: Clean surfaces once every ten working days. Village Host Agreement Page 4 of 4 e�/-/1 ATYAC_ .14EN 1 EXHIBIT Exhibit C INSURANCE REQUIREMENTS Operati - Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code I (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers,official,employees,agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers; officials, ATTACH&UGENT C_Z EXHIBIT employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced.in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested,has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.