Loading...
HomeMy WebLinkAbout2004-07-06; City Council; Resolution 2004-2281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 RESOLUTION NO. 2004-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AWARDING AN AGREEMENT FOR GROUNDS, LANDSCAPE AND PARK MAINTENANCE SERVICES WHEREAS, the Ctty of Carlsbad requires the services of grounds, landscape and park maintenance; and WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a qualified contractor, New Way Landscape & Tree Services, California State Contractors License 501032; and WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 3.28.050 has resulted in staft's recommendation that the City Council award a professional landscape maintenance contract to New Way Landscape & Tree Services; and WHEREAS, sufficient funds are available in the 2004-05 General Fund operating budget to cover the cost of an annual grounds, landscape and park maintenance agreement. NOW, THEREFORE, BE IT RESOLVED, by the Ctty Council of the Clty of Carlsbad as follows: Iff Ill /If Ill Iff /If Ill 1. That the above recitations are true and correct. 2. The bid of New Way Landscape & Tree Services, 7485 Ronson Road, San Diego, California 921 11, is the best value. 3. The bid of New Way Landscape & Tree Services is hereby accepted. 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement with New Way Landscape & Tree Services, a copy of which is attached, for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad City Council held on the 6th day of July , 2004, by the following vote, to wit: AYES: Council Members Lewis, Fi NOES: None ABSENT: None ATTEST: - /) , ,' j7%44u&m LORRAINE WOOD, City Clerk AGREEMENT FOR GROUNDS, LANDSCAPE AND PARK MAINTENANCE SERVICES (New Way Landscape & Tree Services) and entered into as of the day of between the CITY OF CARLSBAD, a municipal WAY LANDSCAPE & TREE SERVICES, a California Corporation, ("Contractor"). RECITALS A. B. C. D. City requires the professional services of a landscape maintenance contractor that Contractor has the necessary experience in providing professional services and Selection of Contractor is expected to achieve the desired results in an expedited Contractor has submitted a proposal to City and has affirmed its willingness and is experienced in maintaining grounds, landscape and park maintenance services. advice related to landscape maintenance services. fashion. ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one- year periods. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred eighty six thousand five hundred four dollars ($1 86,504.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work andor Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the hll and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. CONTRACTOR'S WORKFORCE The Contractor proposes to perform the described services utilizing a hlly competent and adequate workforce as indicated in Exhibit B, which is attached hereto and incorporated herein as though hlly set forth at length. 8. SUBCONTRACTING If Contractor subcontracts any of the Services, Contractor will be hlly responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #04.01.02 The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit C, which is attached hereto and incorporated herein as though fully set forth at length. 9. CONTRACTOR’S EOUIPMENT The Contractor proposes to utilize quality equipment of types and quantities necessary to perform the described work in an efficient and effective manner. Major items of said equipment are indicated in Exhibit D, which is attached hereto and incorporated herein as though hlly set forth at length. The Contractor shall maintain all equipment in a clean, safe and fully operational condition. The Contractor shall replace all unserviceable or unsafe equipment in a timely manner so that the described work is not delayed or otherwise negatively effected. 10. The Contractor proposes to perform the described work by utilizing all the necessary materials and supplies including, but not limited to, items indicated in Exhibit E, which is attached hereto and incorporated herein as though hlly set forth at length. CONTRACTOR’S ESTIMATE OF MATERIALS & SUPPLIES All materials and supplies shall be of sufficient quality, and to be in all respects serviceable, to the satisfaction of the Contract Administrator. All materials and supplies shall be delivered in their original labeled containers, and shall be made available to the Contract Administrator for inspection and approval prior to use. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. PREVAILING WAGES In accordance with the provisions of Article 2, Chapter 1, Part 7, Division 2 of the Labor Code, the Contractor shall ascertain the prevailing rate of per diem wages in the locality wherein the work is to be performed to be paid each craft or type of worker or mechanic needed to properly perform and complete the contemplated work. The Prevailing Wage Rate Determination in effect may be obtained from the State Department of Industrial Relations, Division of Labor Standards Enforcement, 8765 Are Dr., San Diego, CA. The Contractor shall comply with provisions of Section 1775.5 of the Labor Code concerning wages to be paid apprentices. The Contractor shall certified payrolls, which shall be submitted within ten calendar days following submittal of invoice for payment to Contract Administrator upon request. The Contractor shall provide the required information in a form acceptable to the Contract Administrator. 13. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees 3 City Attorney Approved Version #04.01.02 *. L2 arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 14. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI'. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2. under this Agreement contain, or are endorsed to contain, the following provisions: Additional Provisions. Contractor will ensure that the policies of insurance required 4 City Attorney Approved Version #04.01.02 ,. 2 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 claims-made coverage. Contractor will obtain occurrence coverage, which will be written as 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 this Agreement, Contractor will furnish certificates of insurance and endorsements to City. Providing Certificates of Insurance and Endorsements. Prior to City's execution of 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 and certified copies of any or all required insurance policies and endorsements. Submission of Insurance Policies. City reserves the right to require, at anytime, complete 15. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended fiom time-to-time. 16. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 18. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 5 City Attorney Approved Version #04.01.02 19. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor: Name Jerry Rodripuez Name Jaime Zaraaoza Title Public Works Supervisor Title Account Manager Department PW/Gen Svc./Parks Div. City of Carlsbad Address Address 7485 Ronson Road San Dieao. CA 921 1 1 Phone No. (858) 505-8300, ext. 321 1 166 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. (760) 434-2857 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 20. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 21. GENERAL COMPLIANCE WITH LAWS Contractor will keep filly informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. 6 City Attorney Approved Version #04.01.02 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 22. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 23. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 24. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifjmg Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 7 City Attorney Approved Version #04.01.02 25. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 26. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq ., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 27. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 28. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 8 City Attorney Approved Version #04.01.02 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation under corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant secretary APPROVED AS TO FORM: ROI)W€Q R. BALL, City Attorney . ALL-PURPOSE ACKNOWLEDGMENT personally appeared personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(?.) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER a SIGNER IS REPRESENTING: RIGHT THUMBPRINT OF SIGNER NAME OF PERSON(S) OR ENTITYCIES) MA 5/99 VALLEY-SIERRA, 800-362-3369 EX€€IBIT A MANNER OF PERFORMING SERVICES PART I GENERAL SPECIFICATIONS 1.00 GENERAL REOUIREMENTS 1.01 1.02 1.03 1.04 1.05 1.06 1.07 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. CONTRACTOR shall provide at its expense all labor, materials, equipment, tools, services and special skills necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein. CONTRACTOR is hereby required to render and provide landscape and grounds maintenance services including, but not limited to; mowing, shaping, trimming and training of trees, shrubs and ground cover plants; fertilization; cultivation; weed control; control of all plant diseases and pests; sweeping; maintenance and repairs of trails, pathways, irrigation and drainage systems; including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to maintain the areas included in this CONTRACT in a safe, attractive and usable condition and maintain the plant material in good condition with horticulturally acceptable growth and color. Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this CONTRACT may result in deductions from payment. CONTRACTOR shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this CONTRACT. CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies, to the satisfaction of the CONTRACT ADMINISTRATOR, within one (1) hour of notification. The CONTRACTOR shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the CONTRACT ADMINISTRATOR. CONTRACTOR shall clearly identify and equip each vehicle used in the described work with decals on the exterior right and left front door panels identifjmg the CONTRACTOR'S name, address and phone number. 1.08 1.09 CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards. 2.00 FACILITIES TO BE MAINTAINED 2.01 The facilities to be maintained under the provisions of this CONTRACT are located at the following areas: Buildings Arts Office City Hall & Cole Library Complex City Administration Bldg Dove Library Farmers Insurance Bldg Harding Community Center Maintenance & Operations Bldg Safety Service Center Senior Center & Complex Streets & Facilities Maint. Bldg Parks Bienvenida Circle Car Country Park Carrillo Ranch Slopes Hosp Grove Park Hosp Grove Trail/Nature Area Jefferson Duck Observation Area Larwin Park Maxton Brown Park Oak Park Pi0 Pic0 Park The Elm Wall Skate Park Orion Way Field 2955 Elmwood Avenue 1200 Carlsbad Village Drive 1635 Faraday Avenue 1775 Dove Lane 58 15 El Camino Real 2075 Las Palmas Drive 5950 El Camino Real 2560 Orion Way 799 Pine Avenue 405 Oak Avenue Alondra Way and Park Dr. 5465 Paseo del Norte 6200 Flying LC Lane 22 10 Jefferson Street Wickham Way at Monroe Street 2205 Jefferson Street 2683 Vancouver Street 2500 State Street 3050 Pi0 Pic0 Street 2700 Pi0 Pic0 Street Pontiac at Carlsbad Village Drive Orion Way Orion Way Reservoirs “D” Reservoir 6580 Blackrail Road Ellery Reservoir 2237 Janis Way Elm Reservoir Skyline Reservoir 4277 Skyline Road La Costa Low Reservoir Calavera Pump Station Carlsbad Village Dr at Donna Drive 2509 Alga Road 3774 College Avenue Sewer Pump Stations Home Plant Station 2359 Carlsbad Blvd Fox Station 4155 Harrison Street Batiquitos Station 7382 Gabbiano Lane Chinquapin Station 40 10 Carlsbad Blvd Gateshead Station 4779 Gateshead Road Poinsettia Station 2425 Poinsettia Lane 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 3.02 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. Monthly invoices shall be prepared and submitted in the following format: 12 1. Invoice 1 : Location Account Number Monthlv Cost ARTS OFFICE 0015060-7550 $ 143.00 CITY HALL & COLE LIBRARY $1,525 .OO CITY ADMINISTRATION $ 763.00 DOVE LIBRARY $ 477.00 FARMERS INSURANCE $ 667.00 HARDING COMMUNITY CTR $ 238.00 LAS PALMAS BLDG $ 381.00 MAINTENANCE & OP BLDG $ 381.00 SAFETY SERVICE CENTER $ 381.00 SENIOR CENTER & COMPLEX $1,049.00 STREETS & FACILITIES BLDG $ 72.00 TOTAL MONTHLY COST $6,077.00 Invoice 2: Location Account Number Monthly Cost BIENVENIDA CIRCLE 001 5020-7550 $ 48.00 CAR COUNTRY PARK $ 191.00 CARREL0 RANCH SLOPES $2,002.00 HOSP GROVE PARK $ 286.00 HOSP GROVE TRAIL $ 238.00 JEFFERSON DUCK OBSERVATION AREA $ 143.00 LARWIN PARK $ 48.00 MAXTON BROWN PARK $ 143.00 OAKPARK $ 72.00 PI0 PIC0 PARK $ 72.00 THE ELM WALL $ 72.00 SKATE PARK $ 191.00 ORION WAY FIELD $ 572.00 POINSETTIA BRIDGE $ 143.00 SEGOVIA ACCESS $ 191.00 TOTAL MONTHLY COST $4,412.00 Invoice 3: Location Account Number Monthlv Cost D RESERVOIR 501 63 10-7550 $2,288.00 ELLERY RESERVOIR $ 381.00 ELM RESERVOIR $ 191.00 SKYLINE RESERVOIR $ 286.00 LA COSTA LOW $ 286.00 CALAVERA PUMP STA $ 286.00 TOTAL MONTHLY COST $3,718.00 Invoice 4: Location Account Number Monthly Cost HOME PLANT PUMP STA 5 1 163 10-7550 $ 95.00 FOX SEWER PUMP STA $191.00 CHINQUAPIN SEWER PUMP STA $ 95.00 GATESHEAD SEWER PUMP STA $191.00 POINSETTIA SEWER PUMP STA $572.00 BATIQUITOS SEWER PUMP STA $191.00 TOTAL MONTHLY COST $1,335.00 3.03 Invoices for approved Extra Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers’ invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR’S billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of Extra Work. 3.04 Adjustments in payment for changes will be determined by agreement between the CONTRACT ADMINISTRATOR and CONTRACTOR. If unable to reach agreement, CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing hider to use the following percentages as added costs for the markup of all overhead and profits: a. Labor.. ................................ 20 b. Materials ............................... 15 c. Equipment Rental. .................. .15 d. Other Items and Expenditures .. , . .15 3.05 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition’ of the, Labor Surcharge and Equipment Rental Rates published by CALTWS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract.” 3.06 In the event the CITY transfers title or maintenance responsibility of the premises or a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly. 3.07 3.08 The CONTRACT ADMINISTRATOR may, at his discretion, add new facilities to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on the submission of an approved maintenance bid, consistent in all respects with this CONTRACT, and shall contain all information as required in the REQUEST FOR BIDS. The bid cost shall not exceed the cost to provide maintenance for similar facilities being maintained under this CONTRACT. Additional compensation may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 4.02 4.03 4.04 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix A). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility as described in Section 2.01. If, in the judgment of the CONTRACT ADMINISTRATOR, CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the CONTRACTOR to correct a deficiency within the said specified time frame. The parties hereby agree that a reasonable estimate of such damages is One Hundred Fifty Dollars ($150.00) per day per site as described in Section 2.01. CONTRACTOR shall be liable to CITY for liquidated damages in said amount. Said amount shall be deducted from CITY'S payment to CONTRACTOR; and/or having given five (5) working days notice to the CONTRACTOR to correct the deficiencies, if after said 5 days the CONTRACTOR fails to complete the required corrections, CITY may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by alternate forces will be deducted and forfeited from the payment to the CONTRACTOR. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR’S equipment, at any time for the purpose of verifylng CONTRACTOR’S performance of CONTRACT requirements and identifymg deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR’S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the sites. 6.00 EXTRAWORK 6.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. 6.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTORS present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTORS Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 6.03 6.04 6.05 6.06 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written bid including a description of the work, an estimate of labor and materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S bid by the CONTRACT ADMINISTRATOR In the event that CONTRACTOR'S BID for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be perfonned upon receiving a verbal estimate fiom the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 7.02 All such repairs or replacements, which are directed by the CONTRACT ADMINISTRATOR to be done by the CONTRACTOR, shall be completed within the following time limits. A. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. B. All other damages to landscape, turf or sites shall be repaired or replaced within five (5) working days. 7.03 Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices: A. Trees: Minor damage such as bark lost fiom impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the CONTRACT ADMINISTRATOR. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, toll free to a San Diego region area code, at which the CONTRACTOR or CONTRACTOR'S responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the CONTRACT ADMINISTRATOR or other CITY personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that the CONTRACTOR responds to the CITY by return call within one hour of the CITY'S original call. 8.02 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notiq the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost fiom any amount due to the CONTRACTOR. 8.03 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any complaint is not abated within 24 hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not abating the complaint followed by a written report to the CONTRACT ADMINISTRATOR within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may correct the specific complaint and the total cost incurred by the CITY will be deducted and forfeit from payments owing to the CONTRACTOR from the CITY. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor and foreman shall carry digital pagers with local San Diego region area code. Supervisor and foreman shall respond to any page from the CITY within ten minutes at any time, 24 hours per day. The CITY shall not page CONTRACTOR'S foreman except during normal working hours or in case of emergency. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 It shall be the CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The CONTRACT ADMINISTRATOR shall be notified immediately of any unsafe condition that requires major correction. CONTRACTOR shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 9.03 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 TRAFFIC CONTROL 10.01 Prior to any work in the public right-of-way, the CONTRACTOR shall obtain permits as required by the City Traffic Engineer to perform work in the Public right-of-way. CONTRACTOR shall pay any applicable permit fees. 10.02 The CONTRACTOR shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 11.00 HOURS AND DAYS OF MAINTENANCE SERVICES 11.01 The basic daily hours of maintenance service shall be 7:OO a.m. to 4:OO p.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 19 11.02 1 1.03 11.04 CONTRACTOR shall provide staffing to perfonn the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. The use of power tools is prohibited daily prior to 7:OO a.m. and all day on Sundays and Holidays. Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day’s work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 12.00 MAINTENANCE SCHEDULES 12.01 12.02 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. An Annual Calendar shall include all required operations that occur less than monthly. A Routine Operations Schedule shall include all tasks required at least monthly. Sample Annual Calendar and Routine Operations Schedule formats are included in Appendices B & C. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 13.00 CONTRACTOR’S STAFF AND TRAINING 13.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 13.02 CONTRACTOR’S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Exhibit B. 13.03 CONTRACTOR is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. CONTRACTOR’S systematic skills training program, and certifications required by 20 13.04 13.05 13.06 13.07 the CONTRACTOR for employees in a given position, should be noted in the Exhibit B. Each crew of CONTRACTOR’s employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR’s supervisory personnel present. ’ The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTORS employees will not be detrimental to the interest of the public patronizing the premises. The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR’s personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR’s personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR’s company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTORS personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR’S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 14.00 NON-INTERFERENCE - NOISE 14.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 14.02 In the event that the CONTRACTOR’s operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 21 14.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment prior to 7:OO a.m. or later than 7:OO p.m. Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to insure that the public is not unduly impacted by the noise created by such equipment. 15.00 USE OF CHEMICALS 15.01 15.02 15.03 15.04 15.05 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. Chemical applications shall strictly conform to all governing regulations. CONTRACTOR’S staff applying chemicals shall possess all required licenses and certifications. Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations. All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner’s Office and a permit obtained. Material Safety Data Sheets (MSDS) and sample labels shall be provided to the CONTRACT ADMINISTRATOR for all products and chemicals used within the City, and shall be on site during any application, mixing or transporting of these products and chemicals. PART I1 TECHNICAL SPECIFICATIONS 16.00 MOWING 16.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the CONTRACT ADMINISTRATOR. 16.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 16.03 All mowing equipment shall be thoroughly cleaned following each mowing operation and prior to being transported to any other site. 22 16.04 Mow turf to the following heights or as directed by the CONTRACT ADMINISTRATOR: A. Bermuda - 3/4 inch. B. Cool season turf including bluegrass, perennial rye and fescues - 1 1/2 inches. C. Kikuyu -314 inch to 1 ?4 inch. 16.05 Mowing operations shall be scheduled Monday through Friday. 16.06 Walkways shall be cleaned immediately following each mowing. 16.07 Mowing operations shall be scheduled at times of low public use. 16.08 Mowing frequency shall be one (1) time per week all year. 17.00 TURF' AND GROUND-COVER EDGING 17.01 17.02 17.03 17.04 17.05 17.06 17.07 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated. String trimmers shall not be used to trim around trees. Turf and groundcover shall be maintained a minimum of 6 inches from the trunks of trees by use of appropriate chemicals. A 36-inch diameter circle shall be maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, andor a 2-inch deep layer of mulch, where appropriate, as directed by the CONTRACT ADMINISTRATOR. Circles shall be kept free' of weeds and grasses by use of appropriate chemicals. Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage. All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. Walkways shall be cleaned immediately following each mechanical edging. Frequency of mechanical edging of turf shall be the one (1) time per week. 23 17.08 Frequency of ground cover edging shall be one (1) time per week. 17.09 Chemical edging of turf and groundcover boundaries may be performed, subject to approval of the CONTRACT ADMINISTRATOR, in a manner that ensures a defined turf edge and limits turf encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 18.00 AERIFICATION 18.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6) inch spacing. 18.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation. 18.03 Remove or shred cores so that they are not unsightly or a nuisance. 18.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like, prior to commencing aeration operations. CONTRACTOR shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. 18.05 Aerification frequencies shall be as follows: A. Aerate all turf areas one (1) time per year. 19.00 RENOVATION 19.01 If CONTRACTOR feels that major renovation is needed, he shall notify the CONTRACT ADMINISTRATOR prior to proceeding. 20.00 TURF RESEEDING / RESTORATION 20.01 20.02 20.03 Damaged, vandalized, bare, or unacceptably thin turf areas shall be overseeded, plugged, or sodded as often as needed and as required by the CONTRACT ADMINISTRATOR, to re-establish turf to an acceptable quality. Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders. Seed, sod, plugs, or stolons to be used and application rate shall be as approved by the CONTRACT ADMINISTRATOR. All seed, plug or stolons shall be covered with Kellogg’s Topper or approved equal at a rate of (1) cubic foot per 72 square feet or not to exceed ?4 inch in depth. 24 20.04 Repaired areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. 21.00 WATERING AND IRRIGATION 21.01 21.02 21.03 21.04 21.05 21.07 21.08 21.09 21.10 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and hlly equipped and capable of performing proper programming and operation of the irrigation systems. Irrigation systems which have Calsense controllers will be programmed by CITY. CONTRACTOR shall be responsible to perform all other specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall noti@ the CONTRACT ADMINISTRATOR immediately of any deficiencies in irrigation at these sites. Irrigation systems not equipped with Calsense controllers may be programmed by CONTRACTOR, at the direction of the CONTRACT ADMINISTRATOR. Areas not provided with an irrigation system shall be hand watered by the CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. The CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks. Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours (between 1O:OO p.m. - 6:OO a.m.). Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during periods of measurable rain without prior approval of the CONTRACT ADMINISTRATOR. 25 "B . 21.1 1 The CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 22.00 IRRIGATION MAINTENANCE, REPAIR and TESTING 22.01 22.02 22.03 22.04 22.05 22.06 CITY shall provide, or reimburse the CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceeds One Hundred Fifty Dollars ($150.00) per month. CONTRACTOR shall provide labor and equipment (CITY shall provide parts) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following: A. mainlines B. valves (control valves, ball valves and the like, not including quick-couplers) c. pumps D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the E. backflow devices like) F. pressure regulators. These items shall be repaired or replaced by the CONTRACTOR as Extra Work, or by other forces, at the discretion of the CONTRACT ADMINISTRATOR. CONTRACTOR shall notify CONTRACT ADMINISTRATOR of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components that are identified as the CONTRACTOR’S responsibility shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by the CONTRACT ADMINISTRATOR. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by the CONTRACT ADMINISTRATOR prior to any installation thereof. CONTRACTOR’S Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use; and hlly equipped and capable of identifjmg and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR’S personnel working on irrigation systems, shall be ,‘ 26 appropriately trained and under the direct supervision of a qualified Irrigation Technician. 22.07 CONTRACTOR shall provide its Irrigation Technician at the CONTRACTOR’S own expense with Calsense Radio Remote hand-held remote valve actuator. 22.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. 22.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 22.10 During irrigation testing CONTRACTOR shall: A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc. C. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer’s specifications. D. Adjust valves and heads to keep all systems operating at manufacturer‘s recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. E. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed. F. Check for low-head drainage. Clean, repair or replace malhctioning or missing anti-drain devices including in-head check devices. 22.11 Any unresolved system malfunction, damage, or deficiency shall be reported, including effected valve station(s) and other pertinent details, to the CONTRACT ADMINISTRATOR. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the CONTRACT ADMINISTRATOR 22.12 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 22.13 CITY shall be responsible for performing the annual certification of backflow devices. 22.14 All valve boxes shall be identified with heat-branded markings as directed by the CONTRACT ADMINISTRATOR. 22.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling and the like. As-built changes shall complete to the satisfaction of the CONTRACT ADMINISTRATOR. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the CONTRACT ADMINISTRATOR and shall be submitted within 2 working days of completion of the work. 22.16 Frequencies of irrigation testing shall be one (1) time per month, or more frequently if problems or conditions indicate a need. 23.00 FERTILIZATION 23.01 23.02 23.03 23.04 23.05 23 -06 Products and rates of application shall be determined by the CONTRACT ADMINISTRATOR. CONTRACTOR shall include scheduling of fertilizations on Annual Calendar. CONTRACTOR shall give written notice to the CONTRACT ADMINISTRATOR at least two City business days in advance of fertilizer application at a given site. CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for the CONTRACT ADMINISTRATOR’S inspection and shall be removed promptly following inspection. Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. Turf, shrubs and groundcover areas shall be fertilized at least four (4) times per year. Trees shall be fertilized at least one (1) time per year. 24.00 WEED CONTROL 24.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by the CONTRACT ADMINISTRATOR. 28 24.02 24.03 24.04 24.05 24.06 24.07 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock. All turf, shrub beds, planters, and other landscaped areas shall be maintained weed free. Chemical applications as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed at least one (1) time per week. Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses. Pre-emergent herbicide materials to be used shall be as approved by the CONTRACT ADMINISTRATOR. Materials to be used shall be those best suited to the control of the target weeds in the given planting. 24.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by the CONTRACT ADMINISTRATOR, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds. 24.09 Pre-emergent herbicide applications shall be made according to the label and as required for optimum control of target weeds. 25.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 25.01 CONTRACTOR is responsible for tree work within fifteen feet of the ground. 25.02 Trimming and pruning of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed. 25.03 All pruning and tree tying shall conform to International Society of Arboriculture (1.S.A) Standards and the specific directions of the CONTRACT ADMINISTRATOR. CONTRACTOR shall not allow any tree to be topped. 29 25.04 Clearance: Maintain trees to provide a thirteen (13) foot clearance for branches overhanging beyond curb line into the paved section of roadways. Lower branching may be appropriate for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 25.05 Shearing: Only those plants specifically designated by the CONTRACT ADMINISTRATOR shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 25.06 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. 25.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. Under no circumstances shall hedge shears be used as a means of pruning. 25.08 Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CONTRACT ADMINISTRATOR. 25.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 25.10 Periodic staking and tylng shall be done as needed. 25.1 1 All structural weaknesses such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the CONTRACT ADMINISTRATOR. 25.12 Groundcover A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the CONTRACT ADMINISTRATOR. B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. C. All groundcover areas shall be pruned to maintain neat but natural (not sheared) edges. 30 .r 25.13 25.14 25.15 D. Except as specifically directed by the CONTRACT ADMINISTRATOR, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. Remove all dead shrubs and trees. CONTRACT ADMINISTRATOR shall be notified 48 hours in advance of the removal of any tree or shrub. Trees to be removed shall have a caliper of five (5) inches or less measured twelve (12) inches above the ground level. Trees measuring over this caliper may be removed as Extra Work at the discretion of the CONTRACT ADMINISTRATOR. All trimming and debris shall be removed and properly disposed of immediately. Flowering plants, including, but not limited to, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the CONTRACT ADMINISTRATOR. 26.00 MULCHING 26.01 26.02 26.03 26.04 26.05 26.06 A minimum three (3) inch layer of approved mulch shall be maintained in all tree, shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, not cover plant material or the bases of trees or shrubs. All areas to receive mulch shall be free of weeds prior to mulching. Mulch shall be maintained free of litter and foreign matter. Mulch shall be replenished as needed as Extra Work. CITY shall pay as Extra Work, the cost of mulch material (without mark-up), labor and equipment. CONTRACTOR shall supply all equipment and labor required to move mulch from the stock-pile site(s) and place mulch in required areas. Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, all to the satisfaction of the CONTRACT ADMINISTRATOR. 27.00 DISEASE and PEST CONTROL 27.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shrubs, groundcover and turf. 31 27.02 27.03 27.04 27.05 27.06 The CONTRACT ADMINISTRATOR shall be notified immediately of any disease, insects or unusual conditions that might develop. A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests, which the CONTRACT ADMINISTRATOR deems to be a public hazard or nuisance. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 48-hour period after notification from the CONTRACT ADMINISTRATOR. Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.). Frequency of disease and pest control operations shall be daily as needed. 28.00 PLANT MATERIALS 28.01 28.02 28.03 Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc. Plans of record and specifications should be consulted to insure correct identification of species. Substitutions may be allowed but only with the prior written approval of the CONTRACT ADMINISTRATOR. Quality A. Plants shall be sound, healthy, vigorous, fiee from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B. Plant materials shall be symmetrical, and/or typical for variety and species. C. Trees shall not have been topped. D. Roots shall not have been allowed to circle or become bound at any stage of growth. E. All plant materials must be provided fiom a licensed nursery and shall be subject to acceptance as to quality by the CONTRACT ADMINISTRATOR. 32 28.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to the CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition , regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by the CONTRACT ADMINISTRATOR. B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by the CONTRACT ADMINISTRATOR. Nothing in this section shall in any way reduce or remove CONTRACTOR'S responsibility as specified elsewhere in this CONTRACT. 28.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. 29.00 LITTER LEAF, and DEBRIS CONTROL 29.01 29.02 29.03 29.04 29.05 29.06 29.07 29.08 Remove all litter, paper, glass, trash, undesirable materials, silt an other accumulated debris fiom all areas to be maintained. Complete policing, litter pick up and supplemental hand sweeping of site edges, comers and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. Accumulation of leaves and debris shall be removed, from all landscaped areas except as specifically directed by the CONTRACT ADMINISTRATOR. Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch. Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be the CONTRACTOR'S responsibility. Remove litter shall occur on a daily basis. CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. on a daily basis. The removed signs shall be returned to CONTRACT ADMINISTRATOR. Posting of such signs are in violation of Municipal Ordinance. 33 30.00 TRASH RECEPTACLES 30.01 30.02 30.03 30.04 30.05 30.06 30.07 All exterior trash receptacles shall be checked according to fkequencies specified in Section 35.00 and emptied whenever more than 1/3 full and as needed to prevent objectionable odors or other conditions, or over-filling or between servicing. CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time receptacle is emptied. Liners shall be removed and replaced each time receptacles are emptied. Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed. Receptacles and related appurtenances shall be cleaned as needed to avoid concentrations of insects, odors, etc. Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids where lids are provided CONTRACTOR shall place trash receptacles, provided by the CITY, in place of any which are rusty, dented, graffiti, or which the CONTRACT ADMINISTRATOR otherwise deems unsuitable. Unsuitable receptacles shall be transported and stored at CITY facilities as directed by the CONTRACT ADMINISTRATOR 31.00 TRASH and GREEN WASTE DISPOSAL 31.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by the CONTRACTOR at legal waste collection site. The cost to dispose of said trash, green waste and accumulated debris will be at the CONTRACTOR’S own expense. 32.00 SWEEPINGNASHING 32.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc. 32.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect. 34 32.03 Blowers used in performance of this CONTRACT shall be low -noise type , Echo model PB46LN, or equal equipment rated at or below 65 dB.” 32.04 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in Section 35.00. 33.00 DRINKING FOUNTAIN MAINTENANCE 33.01 Clean and disinfect drinking fountains, drain and sand trap according to frequencies specified in Section 35.00. 33.02 Leaking fixtures, damaged or missing parts, and clogged drains that cannot be unclogged using a plunger shall immediately be reported to the CONTRACT ADMINISTRATOR. 33.03 Water supply to a leaking fixture shall be shut off when it is reasonable to do so. 34.00 FACILITIES AND EQUIPMENT MAINTENANCE 34.01 Picnic tables, benches, slabs, barbecues, fire rings, trash receptacles, and the like shall be cleaned to insure safe use by the public. 34.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, barbecues, trash receptacles, corrals, and the like according to frequencies specified in Section 35.00. Deficiencies which are the CONTRACTOR’S responsibility shall be corrected immediately. Any other deficiency shall be reported to the CONTRACT ADMINISTRATOR immediately. 34.03 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 34.04 Picnic tables shall be washed according to frequencies specified in Section 35.00. 34.05 Clean barbecues according to frequencies specified in Section 35.00. 34.06 Corrals shall be kept free of weeds, debris and other foreign objects at all times. Corral sand shall be raked and tilled to maintain a safe surface. 35.00 MAINTENANCE FREOUENCIES The following maintenance frequencies shall apply to the following tasks: Irrigation Maintenance Testing 36 Sanitation Operations Sewer Pump Stations daily Weekly Monthly 3 Bi-Monthly 4 Quarterly 5 Annual 1111 As needed 7 37 .# ;< EXHIBIT B CONTRACTOR’S WORK FORCE Bid No. 04-14 ,i + . -,ds‘..A . +$!; ,’.’ ,L& : ->:. . ;@2? .-,r ‘I. >> CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: Each’labor or supervisory position by title that will make up the CONTRACTOR’S work force needed to provide the described services. B. in each position title, including any required certifications. A sufficiently detailed explanation of the minimum qualifications for a person working C. proposes to commit to the performance of the described services.. The minimum annual man-hours for each position title that the CONTRACTOR D. A list and description of the qualifications of other wnent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR’s systematic skills training program, The information provided in this attachment is for the purposes of determining the I CONTRACTOR’S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR’S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, orrrelieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages “Exhibit B - Additional Information” along with the appropriate position title(s) corresponding to this form. EXHIBIT B Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE 39 EXHBIT B Page3 CONTRACTOR’S WORK FORCE (Continued) 3. I E. Description of CONTRACTOR’S employee training program 40 New Way Landscape and Tree Services Job Description Job Title: Reports To: Prepared By: Approved By: Branch Manager Department: VP Operations FLSA Status: Exempt Strategic HR Prepared Date: 01 /15/04 Approved Date: SUMMARY Maximizes customer satisfaction, revenue, growth and profitability of a branch office by performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: Oversees the Account Managers and Department Heads to promote highest standards of cooperation, production services, and ethics. Develops plans for three efficient uses of materials, equipment and employees. Controls budget line items and investigates all revenues to exceed and improve division's 1 bottom line. Implements and achieves division's goats and objectives and ensures goals and objectives are communicated to all levels of production. Directs the development and implementation of all saledmarketing strategies utilized by the branch. Evaluates performance, makes salary recommendations, and administers disciplinary actions consistent with company policy. Evaluates and authorizes branch expenses to ensure cost effectiveness of all purchases. Works with staff to promote safety and security compliance. ROUTINE DUTIES AND RESPONSIBILITIES Include the following. Other duties may be assigned. Works in tandem with sales staff in job development. Performs special projects as needed. SUPERVISORY RESPONSIBILITIES Directly supervises 10 Managers who supervise up to 150 employees. Performs overall directing, coordinating and evaluating of these employees. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include interviewing, hiring, and training; planning, assigning, and directing work; appraising performance; rewarding and disciplining; addressing complaints and resolving problems. SUPERVISION RECEIVED Minimal oversightkupervision received. PEOPLE CONTACT Interacts with employees, clients, suppliers, and vendors. Communication, negotiation, persuasion, conflict resolution, and problem solving skills are required. ACCOUNTABILITY This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected 41 to solve problems by using independent judgment based upon knowledge and experience. QUALIFICAT~ONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. COMPUTER SKILLS To perform this job successfully, an individual should have knowledge of Microsoft Office applications including Word, Excel, and Outlook; and other company specific software. EDUCATION AND/OR EXPERIENCE Four to ten years related experience and/or training; or equivalent combination of education and experience. CERTIFICATES. LICENSES, REGISTRAT~ONS Must have a valid California Driver’s License and possess an insurable driving record. QAC or QAL I OTHER SKILLS, ABILITIES AND QUALIFICATIONS Must be able to perform multi-tasks simultaneously and have good written and oral communication skills. Must have strong analytical skills, demonstrate accuracy and thoroughness with attention to detail; work with integrity and ethically; prioritize and meet deadlines; work cooperatively in a team structure, yet independently; demonstrate good employee relations and strong leadership skills; and be able to develop a strong, productive team. Must be able to use all the tools of the trade. LANGUAGE SKILLS Abilitv to read, analvze and interwet trade iournals, financial reports, safety rules, and legal documents. Ability io respond effectively to- sensitive inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write reports, business correspondence, and procedure manuals, and to effectively present information to top management, customers, employees and public groups. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, percentages, area, circumference, and volume. Ability to apply concepts of basic algebra and geometry. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to talk or hear. The employee is frequently required to stand; walk; sit and reach with hands and arms. The employee is occasionally required to use hands to finger, handle, or feel and stoop, kneel, crouch, or crawl. The employee must frequently lift andlor move from 10 to 50 pounds. 42 . . -- WORK ENVIRONMENT While performing the duties of this job, the employee is regularly exposed to outdoor weather conditions and moving mechanical parts. The employee is occasionally exposed to fumes or airborne particles and toxic or caustic chemicals. The noise level in the work environment is usually moderate to loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date I 43 I Job Title: Reports To: Prepared By: Approved By: Way Landscape and Tree Services Job Description I Account Manager De pa rtmen t : Maintenance Branch Manager FLSA Status: Exempt Strategic HR Prepared Date: 12/22/03 Approved Date: SUMMARY Maintains a high level of customer relations, customer satisfaction, company profitability, account penetration, productivity, and employee morale by performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: Supervises and coordinates the activities of employees engaged in exterior landscape maintenance services and remedial work. Manages account portfolio. Functions as the primary point of contact with the customer. Conducts walk-throughs on properties on a monthly basis. Generates punchlists and follows up on completion. Insures maintenance and services are performed to contracted specifications. Analyzes and resolves maintenance/service problems, and assists employees to Solve problems. Trains employees in safe work practices, policies and procedures, evaluates employee safety data, eliminates unsafe work practices, and holds employees accountable for safety policies and procedures. Fulfills customer needs in a proactive fashion. Analyzes customers’ needs and assesses job sites for additional and future services. Plans landscaping tasks and general materials. inspects completed work for conformance to specifications and best practice standards. . Provides bids/proposals on potential projects. Presents proposals to customers for approval and closing sales. Schedules projects. Schedules monthly maintenance service while operating within budget. \ ROUTINE DUTIES AND RESPONSIBILITIES Include the following. Other duties may be assigned. Reviews customer satisfaction surveys and resolves problems. Checks time cards for completeness and accuracy. Reviews customer retention data. Prepares customer budget worksheets. Completes appropriate documentation. Achieves enhancement target goals and margins. Operates according to predetermined gross margins. Understands and manages labor and material budgets. Develops division budgets in coordination with Branch Manager. Suggests changes in working conditions and use of equipment to increase the efficiency of work crews. Performs special projects as needed. d -.- SUPERVISORY RESPONSIBILITIES Directly supervises 1-10 Crew Leaders who supervise up to 30 Crew Members in the maintenance department. Performs overall directing, coordinating and evaluating of these crews. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include interviewing, hiring, and training; planning, assigning, and directing work; appraising performance; rewarding and disciplining; addressing complaints and resolving problems. SUPERVISION RECEIVED Minimal oversightkupervision received. PEOPLE CONTACT Interacts with employees, and customers. Negotiation, persuasion, conflict resolution, and problem solving skills are required. ACCOUNTABIL~TY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using independent judgment based upon knowledge and experience. QUAL~FICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. 1 COMPUTER SKILLS To perform this job successfully, an individual should have knowledge of Microsoft Office applications including Word, Excel, and Outlook; and other company specific software. EDUCATION AND/OR EXPERIENCE Associate's degree (A. A.) or equivalent from two-year college or technical school; or six months to one year related experience and/or training; or equivalent combination of education and experience. CERTIFICATES, LICENSES, REGISTRATIONS Must have a valid California Driver's License and possess an insurable driving record. Within six months must have Qualified Applicators certificate (QAC); Certified Landscape Technician Maintenance (CLTM); First Aid and CPR to DOT certification. CLCA Certification and Recycled Water Certificate preferred. OTHER SKILLS. ABILITIES AND QUALIFICATIONS Must be able to perform multi-tasks simultaneously and have good written and oral communication skills. Demonstrates accuracy and thoroughness; works with integrity and ethically; prioritizes and meets deadlines; works cooperatively in a team structure, yet independently; demonstrates good employee relations. Must be able to use power tools and equipment and demonstrate leadership skills. LANGUAGE SKILLS Ability to read, analyze and interpret trade journals, financial reports, safety rutes, and legal documents. Ability to respond to inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write simple correspondence and to effectively present information to top management, customers, employees and public groups. MATHEMATICAL SKILLS Ability to add, subtract, multiply and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute rate, ratio, and percent and draw and interpret bar graphs. 45 REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to talk or hear. The employee is frequently required to stand; walk; sit and reach with hands and arms. The employee is occasionally required to use hands to finger, handle, or feel and stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move up to 25 pounds. el WORK ENVIRONMENT While performing the duties of this Job, the employee is regularly exposed to outside weath r conditions. The employee is occasionally exposed to moving mechanical parts; high, precarious places; fumes or airborne particles and toxic or caustic chemicals. The noise level in the work environment is usually loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that 1 am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Supervisor Signature Date Date 46 Job Title: Foreman I Department: Reports To: Account Manager FLSA Status: Prepared By: Strategic HR Prepared Date: Approved By: Approved Date: SUMMARY Provides quality maintenance services to customers in a safe, timely, cost effective and efficient Maintenance Exempt 02/26/04 manner by-performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: Manages and supervises and coordinates the activities of employees engaged in Maintenance Services. Plans, organizes and delegates work. Maintains positive customer relations and customer satisfaction. Functions as the primary point of contact with the Account Manager. Trains, develops, and manages the performance and productivity of the employees on the Garden Crew. Ensures gardening services are performed to contracted specifications. Fulfills the needs of the customers and Account Manager regarding gardening services in a proactive fashion. Informs foremen daily of jobs to be done and ensures availability of necessary tools and equipment. Inspects completed work for quality and conformance to specifications and best practice standards. Analyzes and solves problems and assists employees in solving problems. Evaluates employee safety data, eliminates unsafe work practices and adheres to safety policies and procedures. Reports safety violations to the Safety Committee. Manages assigned projects practicing effective and efficient water management. Recognizes and addresses component problems, drainage deficiencies and problem soils. Recognizes and documents potential hazards. \ ROUTINE DUTIES AND RESPONSlBlLlTlES Include the following. Other duties may be assigned. 0 Maintains positive customer relations and customer satisfaction. Initiates and properly completes required papenwork within established time frame. Properly complete and processes time cards within established time frame. Properly completes, processes, and communicates work authorizations. Inspects and inventories Garden Crew Equipment. Performs activities of supervised employees if required. Performs special projects as needed. SUPERVISORY RESPONSIBILITIES , Directly supervises the employees on the Garden Crew.. Performs overall directing, coordinating and evaluating of these crews. Carries out supervisory responsibilities in accordance with the 47 organization's policies and applicable laws. Responsibilities include interviewing, hiring, and training; planning, assigning, and directing work; appraising performance; rewarding and disciplining; addressing complaints and resolving problems. PEOPLE CONTACT Interacts with employees, clients, suppliers, and vendors. Negotiation, persuasion, conflict resolution, and problem solving skills are required. ACCOUNTABILITY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using judgment based upon knowledge of company policies and procedures. QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. Works cooperatively in a team structure, yet independently; delegates effectively; and gets along well with subordinates, supervisors and co-workers. I COMPUTER SKILLS N/A EDUCATION AND/OR EXPERIENCE One to two years related experience and/or training; or equivalent combination of education and experience. CERTIFICATES, LICENSES. REGISTRATIONS Must have a valid California Driver's License and possess an insurable driving record and qualify to drive Company vehicles. OTHER SKILLS. ABILITIES AND QUALIFICATIONS Must be knowledgeable of the daily maintenance and safe operations of all equipment commonly used in the trade. Must be able to identify 50 frequently used plants; 10 frequently seen weeds; and 6 frequently seen pests by common name. Demonstrated ability in pruning, cleaning and detailing techniques; identifying plants with problems; basic fertilizer 'application; staking and wiring trees; attaching vines and espaliers; and in planting 1-1 5 gallon containers and 24-inch box specimens. Must have knowledge of the basic elements of fertilizer. Must be able to identify the components of an irrigation system. LANGUAGE SKILLS Must be able to read and write and speak basic English and be able to communicate in basic Spanish. MATHEMATICAL SKILLS N/A REASONING ABILITY Ability to apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Ability to deal with problems involving a few concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to 48 SI ccessfull! enable indi\ perform the essential functions of this job. Reasonable accommodations may be made to duals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel; reach with hands and arms; stand; walk; and talk or hear. The employee is frequently required to stoop, kneel, crouch, or crawl. The employee is occasionally required to climb or balance; and sit. The employee must regularly lift andlor move up to 50 pounds. The employee must be able to work under varying and sometimes adverse weather conditions. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee is frequently exposed to chemicals, pesticides, and regularly exposed to outdoor weather conditions. The noise level in the work environment is usually loud. I have read this job description and have been provided the opportunity to ask questions.\ I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date 49 New Way Landscape and Tree Services Job Description Job Title: Gardener I Reports To: Gardener Foreman Prepared By: Strategic HR Approved By: Department: FLSA Status: Non-Exempt Prepared Date: 02/19/04 Approved Date: SUMMARY Maintains grounds in a safe and effective manner by performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: Trims and edges around walks, flower beds and walls. Prunes shrubs and trees to shape and improve growth or removed damaged leaves, branches or twigs. Applies fertilizer, herbicides and insecticides. Rakes, sweeps and blows debris from walks, roads, etc. Cleans grounds and removes litter. Cleans drainage ditches and culverts. Loads and unloads the truck, keeping it clean and organized. Uses all tools and equipment in a proper and safe manner at all times. Reports any missing, misused, poorly operating, broken or inoperable tools to the Leadperson or the Foreman. Reports all unsafe practices or conditions to the Leadperson or the Foreman. Arrives to work on time every day, and maintains a good attendance record. Completes daily time card correctly and accurately. Performs duties with safety and accident prevention in mind at all times. Prepares truck materials needed for days work at crew leader's direction. Plants grass, flowers, trees and shrubs. \ ROUTINE DUTIES AND RESPONSlBlLlflES Include the following. Other duties may be assigned. Maintains and tracks tools and equipment used in daily operations. Assists other crew members as needed and upon request. Complies with company policies and procedures including safety regulations. Wears uniformed clothing ascribed by Company policies, including leather boots and all personal protective safety equipment. Performs special projects as needed. SUPERVISORY RESPONSIBILITIES N/A SUPERVISION RECEIVED General oversightlsupervision received. PEOPLE CONTACT Interacts with employees with little customer contact. 50 ACCOUNTABILITY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using judgment based upon knowledge of company policies and procedures. QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. Works cooperatively in a team structure, yet independently; follows directions; and gets along well with supervisors and co-workers.. COMPUTER SKILLS N/A EDUCATION AND/OR EXPERIENCE Experience and/or training as a gardener preferred. CERTIFICATES. LICENSES. REGISTRATIONS N/A OTHER SKILLS. A6lLlTlES AND QUALIFICAT~ONS Must be knowledgeable of the daily maintenance and safe operations of all equipment commonly used in the trade. LANGUAGE SKILLS Ability to communicate with Supervisor and co-workers and to read and understand basic instructions, schedules, safety labels and signs. MATHEMATICAL SKILLS N/A REASONING ABILITY Ability to apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Ability to deal with problems involving a few concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel; reach with hands and arms; stand; walk; and talk or hear. The employee is frequently required to stoop, kneel, crouch, or crawl. The employee is occasionally required to climb or balance; and sit. The employee must regularly lift and/or move up to 50 pounds. The employee must be able to work under varying and sometimes adverse weather conditions. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 51 The employee is frequently exposed to chemicals, pesticides, and regularly exposed to outdoor weather conditions. The noise level in the work environment is usually loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date 52 I Job Title: Gardener II Reports To: Gardener Foreman Prepared By: Strategic HR Approved By: New Way Landscape and Tree Services Job Description Department: FLSA Status: Non-Exempt Prepared Date: 02/26/04 Approved Date: SUMMARY Maintains grounds in a safe and effective manner by performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: a a a a a a a a a a a a a a a a a Applies granular chemicals after proper training and under the direct supervision of the Foreman. Recognizes and reports broken or clogged sprinkler heads, and/or excessive water use to Leadperson or the Foreman. Trims and edges around walks, flower beds and walls. Prunes shrubs and trees to shape and improve growth or removed damaged leavks, branches or Wigs. Plants grass, flowers, trees and shrubs. Applies fertilizer, herbicides and insecticides. Rakes, sweeps and blows debris from walks, roads, etc. Cleans grounds and removes litter. Cleans drainage ditches and culverts. Loads and unloads the truck, keeping it clean and organized. Uses all tools and equipment in a proper and safe manner at all times. Reports any missing, misused, poorly operating, broken or inoperable tools to the Leadperson or the Foreman. Reports all unsafe practices or conditions to the Leadperson or the Forman. Arrives to work on time every day, and maintains a good attendance record. Completes daily time card correctly and accurately. Performs duties with safety and accident prevention in mind at all times. Prepares truck materials needed for days work at crew leader's direction. ROUTINE DUTIES AND RESPONS~BILITIES Include the following. Other duties may be assigned. a a a Maintains and tracks tools and equipment used in daily operations. Assists other crew members as needed and upon request. Complies with company policies and procedures including safety regulations. Wears uniformed clothing ascribed by Company policies, including leather boots and all personal protective safety equipment. Performs special projects as needed. SUPERVISORY RESPONSIBILITIES N/A SUPERVISION RECEIVED General oversightlsupervision received. 53 1 . . _. PEOPLE CONTACT Interacts with employees with little customer contact. ACCOUNTABILITY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using judgment based upon knowledge of company policies and procedures. QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. Works cooperatively in a team structure, yet independently; follows directions; and gets along well with supervisors and co-workers.. COMPUTER SKILLS N/A EDUCATION AND/OR EXPERIENCE Experience and/or training as a Gardener I preferred. I CERTIFICATES, LICENSES. REGISTRATIONS NIA OTHER SKILLS, ABILITIES AND QUALIFICATIONS Must be knowledgeable of the daily maintenance and safe operations of all equipment commonly used in the trade. Must be able to identify 10 frequently used plants by common name. Demonstrated ability in pruning, cleaning and detailing techniques, and in planting 1-5 gallon containers. LANGUAGE SKILLS Ability to communicate with Supervisor and co-workers and to read and understand basic instructions, schedules, safety labels and signs. MATHEMATICAL SKILLS NIA REASONING ASILITV Ability to apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Ability to deal with problems involving a few concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel; reach with hands and arms; stand; walk; and talk or hear. The employee is frequently required to stoop, kneel, crouch, or crawl. The employee is occasionally required to climb or balance; and sit. The employee must regularly lift and/or move up to 50 pounds. The employee must be able to work under varying and sometimes adverse weather conditions. 54 WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee is frequently exposed to chemicals, pesticides, and regularly exposed to outdoor weather conditions. The noise level in the work environment is usually loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date I 55 New Way Landscape and Tree Services Job Description - Job Title: Administrative Assistant Department: Administration Reports To: VP Operations FLSA Status: Hourly Prepared By: Strategic HR Revised Date: 12/22/03 Approved By: Approved Date: SUMMARY Provides clerical, receptionist, and general administrative support to upper management, all Account Managers, employees in the Tree Department, and other administrative employees by performing the following duties: ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: 0 0 0 Answers phones and takes messages and/or forwards calls appropriately Welcomes on-site visitors, determines nature of business, and announces visitors to appropriate personnel Generates proposals, punchlists, and tree bids to clients Translates in Spanish for the field employees to administrative personnel Distribute incoming faxes to appropriate parties I ROUTINE DUTIES AND RESPONSIBILITIES Include the following. Other duties may be assigned. 0 Tracks and maintains monthly calendars for walk-throughs to projects 0 Changes out back up tape to server on a daily basis 0 Perform filing, collating and copying as needed Gather and update all safety reports to Account Managers Compiles and updates the Account Managers' on-call binders Acts as replacement customer service representative as needed Update and track the equipment inventory for all Account Managers 0 Orders and maintains supplies, and arranges for equipment maintenance Receives, sorts, and routes mail, and maintains and routes publications 0 Performs special projects as needed. SUPERWSORY RESPONSIBILITIES This position has no supervisory responsibilities. SUPERVISION RECEIVED Minimal oversightkupervision received. PEOPLE CONTACT Interacts with employees, customers, vendors, suppliers, and visitors. patient, and tactful. Required to be pleasant, ACCOUNTABILITY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using judgment based upon knowledge of company policies and procedures. 56 . -<- QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. COMPUTER SKILLS To perform this job successfutly, an individual should have knowledge of Microsoft Office applications including Word, Excel, and Outlook; and other company specific software. EDUCATION AND/OR EXPERIENCE High school diploma or general education degree (GED); or one to three months related experience and/or training; or equivalent combination of education and experience. CERTIFICATES. LICENSES. REGISTRATIONS N/A OTHER SKILLS. ABILITIES AND QUALIFICATIONS Must be able to perform multi-tasks simultaneously and have good written and oral communication skills. Demonstrates accuracy and thoroughness; prioritizes and meets deadlines; works cooperatively in a team structure, yet independently. LANGUAGE SKILLS Ability to read and comprehend simple instructions, short correspondence, and memos. Ability to write simple correspondence. Ability to effectively present information in one-on-one and small group situations to customers, clients, and other employees of the organization. MATHEMATICAL SKILLS Ability to add and subtract two digit numbers and to multiply and divide with 10's and 100's. Ability to perform these operations using units of American money and weight measurement, volume, and distance. REASONING ABILITY Ability to apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Ability to deal with problems involving a few concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to; sit; use hands to finger, handle, or feel; and talk or hear. The employee is occasionally required to stand and walk; and reach with hands and arms. The employee must occasionally lift and/or move up to 10 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date 58 New Way Landscape and Tree Services Job Description Job Tale: Reports To: Prepared By: Approved By: Customer Service Representative/ Department: Administration Graphic Artist Director Business Development FLSA Status: Non-Exempt Strategic HR ' Revised Date: la1 8/03 Approved Date: SUMMARY Provides office support and serves as a customer service liaison. Develops and designs materials for events, trades shows, and any company related programs or publications for the landscaping industry and the public in general. Ensures the materials consistently convey a sense of quality and professionalism. ESSENTIAL DUTIES AND RESPONSIBILITIES Include the following: 0 Answers customer service line. 0 Responds to service requests within 48 hours per policy/customer guarantee. 0 Assists customerskallers accordingly. Prepares monthly work order reports. 0 Manages Service Request System (SRS) and prepares daily reports. 0 Designs brochures including layout, typesetting, and coordination of final product with printer. 0 Completes certificates, promotional brochures, and sales materials for company events and newly developed programs. 0 Designs art illustration as required for publications, presentations, correspondence courses, books, manuals, etc. 0 Records service requests and complaints. \ ROUTINE DUTIES AND RESPONSlBlLlTlES Include the following. Other duties may be assigned. 0 0 0 0 0 0 0 Works with printers to assure best quality and adherence to bid amounts. Develops catalog/tri-fold for promotional and marketing purposes. Generates Powerpoint slide presentations for educational and promotional purposes. Designs special displays for trade shows. Develops miscellaneous promotional materials, business forms, name badges, and employee ID cards. Manages and ensures accuracy of archive data base. Other graphic design work, desktop publishing, or departmental support as needed. SUPERVISORY RESPONSIB lLlTlES This position has no supervisory responsibilities. SUPERVISION RECEIVED Minimum oversight/ review/supervision received. PEOPLE CONTACT Regular contact with customers, employees, and vendors for which negotiation, persuasion, conflict resolution, and problem solving skills required. 59 DECISION-MAKING Has some latitude in making independent decisions. Will check with supervisor for non-routine matters. ACCOUNTABILITY: This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve minor problems by using judgment based upon knowledge of management policies and departmental practices and procedures. Employee is expected to meet established productivity, quality, and task management standards. QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. Ability to communicate effectively on the phone and face to face; types 40wpm; demonstrates accuracy and thoroughness; prioritizes and meets deadlines; works cooperatively in a team structure, yet independently. \ COMPUTER SKILLS To Derform this job successfully. an individual should have knowledae of Microsoft Office apolications; FileMaker Pro; CorelDRAW; PowerPoint; Core1 Photo-Paint; AdobePhotoshop; Adobe Acrobat; and Microsoft Publisher. EDUCATION AND/OR EXPERIENCE Bachelor's degree (B. A.) from four-year college or university; or one to two years related experience and/or training; or equivalent combination of education and experience. CERTIFICATES, LICENSES, REGISTRATIONS N/A LANGUAGE SKILLS Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before groups of customers or employees of organization. MATHEMATICAL SKILLS Ability to add and subtract two digit numbers and to multiply and divide with 10's and 100's. REASONING A~ILITY Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Ability to interpret a variety of instructions furnished in written, oral, diagram or schedule form. PHYSICAL DEMANDS The Dhysical demands described here are rewesentative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodationsmay be'made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to sit; use hands to finger, handle, or feel and talk or hear. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 10 pounds. 60 WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date 61 New Way Landscape and Tree Services Job Description Job Title: Reports To: Prepared By: Approved By: Irrigation Technician Department: Maintenance Irrigation Manager FLSA Status: Non-Exempt Strategic HR Prepared Date: 1/22/04 Approved Date: SUMMARY Installs, troubleshoots, and maintains water irrigation systems by performing the following duties: ESSENTIAL DUTtES hlD RESPONSlBtLtTlES Include the following: 0 Troubleshoots irrigation issues. 0 Programs and troubleshoots controllers. 0 Performs repairs to main lines and valves. Complies with all safety regulations, policies and procedures. ROUTINE DUTIES AND RESPONSlBlLlflES Include the following. Other duties may be assigned. Reports missing or broken tools to the manager. Performs special projects as needed. 0 0 SUPERVISORY RESPONSlBlLlTlES N/A SUPERVISION RECEIVED General supervision received. PEOPLE CONTACT Interacts with employees, and customers. The employee is expected to represent New Way in a professional manner at all times. ACCOU NTABIL~M This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected to solve problems by using judgment based upon knowledge of company policies and procedures. Employee is expected to meet established productivity, quality, and task management standards. QUALIFICATIONS The reauirements listed below are representative of the knowledge, skill, and/or ability required to perform'the essential duties of this position. - COMPUTER SKILLS N/A EDUCATION AND/OR EXPERIENCE High school diploma or general education degree (GED); or one to three months related experience and/or training; or equivalent combination of education and experience. 62 CERTIFICATES, LICENSES, REGISTRATIONS Must have a valid California Driver’s License and possess an insurable driving record. certificate preferred. OTHER SKILLS. ABILITIES AND QUALIFICATIONS Demonstrates accuracy and thoroughness; works with integrity and ethically; prioritizes Recycled water and meets deadlines; works cooperatively in a team structure, yet independently; demonstrates good employee relations. Must be able to install and program controllers; layout and install irrigation systems; install and repair backflow systems; read and understand blueprints; and have basic electrical knowledge. Must be proficient in multi-meter (ohms) and other electrical troubleshooting tools; and be able to use wire and fault locators, and other tools of the trade. Must be able to identify common plants and grasses. LANGUAGE SKILLS Ability to speak, read and write in English. MATHEMATICAL SKILLS NIA REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions gs it relates to irrigation. Ability to interpret an extensive variety of technical instructions. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear; reach with hands and arms; and stoop, kneel, crouch, or crawl . The employee is frequently required to stand and walk. The employee is occasionally required to sit; use hands to finger, handle, or feel. Employee must have the ability to identify and distinguish colors. The employee must frequently lift and/or move up to 50 pounds. WORK ENVIRONMENT While performing the duties of this job, the employee is regularly exposed to outside weather conditions. The employee is occasionally exposed to fumes or airborne particles; toxic or caustic chemicals; and the risk of electrical shock. The noise level in the work environment is usually moderate to loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date 63 Supervisor Signature Date 64 New Way Landscape and Tree Services Job Description Job Title: Enhancement Foreman Department: Reports To: Enhancement Manager FLSA Status: Prepared By: Strategic HR Prepared Date: Approved By: Approved Date: Non-Exempt 2/19/04 SUMMARY Supervises the daily activities of the enhancement services crew in a safe, timely, cost effective and efficient manner by performing the following duties: ESSENTIAL DUTIES AND RESPONSlBlLtTlES Include the following: Fulfills all the responsibilities of the Enhancement Laborer II. Enforces safety of the customer, employees and the job site. Supervises and coordinates the activities of employees engaged in Enhancement Services at multiple job sites. Trains, develops, and manages the performance and productivity of the employees on the Mow Crew. Manages installation employees under supervision of owners. Documents any problems that occur with crew members. Reports problems relating to safety, work or personnel issues to Enhancement Manager. Inspects completed work for quality and conformance to specifications and best practice standards. Evaluates employee safety data, eliminates unsafe work practices and adheres to safety policies and procedures. Conducts regular safety tailgate meetings. 1 ROUTINE DUTIES AND RESPONSIBILITIES Include the following. Other duties may be assigned. 0 Maintains positive customer relations and customer satisfaction. Initiates and completes all required paperwork on a timely basis. Ensures proper care of tools and equipment on the job site to avoid loss or misuse. Performs activities of supervised employees if required. Performs special projects as needed. SUPERVISORY RESPONSIBILITIES Directlv suoervises UD to 8 employees on the Enhancement Crew with the guidance of the ~ -. Enhaicement Manager. Performs ov&atl directing, and coordinating of this crew. SUPERVISION RECEIVED Minimal oversightlsu pervision received. PEOPLE CONTACT Interacts with employees and clients. ACCOUNTABILITY This job is expected to exercise initiative in organizing and completing assigned work duties and prioritizing tasks that are required, and to ensure that all deadlines are met. The employee is expected 65 to solve problems by using judgment based upon knowledge of company policies and procedures. QUALIFICATIONS The requirements listed below are representative of the knowledge, skill, and/or ability required to perform the essential duties of this position. COMPUTER SKILLS N/A EDUCATION AND/OR EXPERIENCE One to two years related experience and/or training; or equivalent combination of education and experience. CERTlF ICATES, LICENSES. REGISTRATIONS Must have a valid California Driver's License and possess an insurable driving record. OTHER SKILLS, ABILITIES AND QUALIFICATIONS Works cooperatively in a team structure, yet independently; demonstrates good employe,e relations. Must be punctual and reliable; able to delegate work; and accept responsibility. Must fill put daily time card accurately and correctly; and report to work as scheduled and on time. Knowledgeable of basic electrical, framing and concrete work; able to read and completely understand b1ueprints;'and possess advanced landscape enhancement skills. Must be able to operate heavy equipment such as tractor, trencher, loader, dump truck, and turf equipment; and be able to identify 50 common plants on CLT list by common and botanical names. LANGUAGE SKILLS Ability to speak, read and write in English, as well as communicate verbally in basic Spanish. MATHEMATICAL SKILLS Ability to add, subtract, multiply and divide in all units of measure, using whole numbers, common fractions, and decimals. REASONING Atu~in Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an eitensive variety of technical instructions in mathematical or diagram form and deal-with several abstract and concrete variables. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to walk, talk or hear. The employee is frequently required to stand; sit; and reach with hands and arms. The employee is occasionally required to use hands to finger, handle, or feel and stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move up to 25 pounds. WORK ENVIRONMENT While performing the duties of this Job, the employee is regularly exposed to moving mechanical parts; and outdoor weather conditions. The employee is occasionally exposed to fumes or airborne particles and toxic or caustic chemicals. The noise level in the work environment is usually loud. I have read this job description and have been provided the opportunity to ask questions. I understand that this job description is subject to change and that I am required to perform all assigned duties regardless of their inclusion in this document. Employee Signature Date Supervisor Signature Date 67 - aww- 3 P;;-w..... //#3!=4!-& Training Philosophy and Programs New Way Landscape & Tree Services places a high degree of significance and takes pride in its continuing efforts to develop an Industry leading Training Development Program. We offer employees a tuition re-imbursement program for all Education and Training programs related to their job. We provide on-site safety and formal training programs in all areas of Iandscape maintenance. Our proposal includes information on our Key Personnel and their respective education, experience and certifications. 0 New Way employees take part in several incentive programs designed to increase performance and productivity. Each employee takes part in our Safety and Attendance Incentive Programs. We are pleased to report a100% compliance throughout our employee group which has directly attributed to increased efficiencies and optimum operational performance. 0 Our Management team and foreman personnel are directly responsible for the safety and security of all equipment, documents and key inventories. Appropriate logs are documented and checked on a regular basis for compliance and reviewed with our executive staff. 0 New Way Landscape & Tree Services has a mandatory uniform program. Our program is designed to provide a professional, clean, neat appearance. Our employees take pride in displaying our company banner which subsequently leads to the high level of workmanship and pride in there performance. 0 Inspection schedules on all of our projects are performed on a daily, weekly and monthly basis from all staff levels in our company. This program is designed to ensure that client expectations are exceeded. 0 New Way Landscape & Tree Services continues to financially invest in new vehicles, field equipment, and supplies that afford our personnel the opportunity to work in an efficient and effective environment leading to optimal performance. 68 March: 3-1 0-04 Mower (3:30pm) 3-1 3-04 3-20-04 CLT Prep (8am) 3-24-04 3-27-04 Irrigation controller programming (8am) Mower maintenance (3:30pm - office) QAC Training (8am - office) April: 4-10-04 4-14-04 Edging (3:30pm) 4-28-04 New lawn planting (3:30pm) Irrigation tune-up (8am - office) Mav: 5-1 2-04 Fertilizer (3:30prn) ' 5-15-04 Soil class (8am - office) 5-26-04 Turf weeds (3:30pm) 69 , , I. .- EXHIBIT C LISTING OF SUBCONTRACTORS Bid No. 04-14 The CONTRACTOR is required to fiunish the following information relative to the subcontractors he proposes to use. If all work is to be done without subcontractors, write ‘“NONE” in the following space: EXHIBIT D CONTRACTOR’S EQUIPMENT Bid No. 04-14 A. EQUIPMENT ITEM DESCRIPTION / 1. - pm /A?& 7Zi,z-- 2. 3. 3 ”as 4. 21‘‘ /#S# /dL= 5. 4s“ /uB&++ The CONTRACTOR shall set forth in Attachment E to the proposed CONTRACT: A. All equipment items, having an original purchase price of at least $1000, that the CONTRACTOR will u& to provide the described seivices. Equipment should be listed regardless of whether the CONTRACTOR owns the equipment; intends to purchase, lease, or rent the equipment; or will subcontract the services requiring said equipment. B. Quantity of each equipment item to be used in the performance of the described services. C. Total minimum annual hours for each equipment item that the CONTRACTOR proposes to commit to the performance of the described services. This is the aggregate of the hours for equipment of the same item description. 4 B. C. D. TOTAL HOURLY QUANTITY ANNUAL RENTAL HOURS RATE fifl*w &A/** p*Ly 3f Jf#. 7,’ d ads. ”;!= A *s. “0, d + rc UT. 5 N p// nub- mq CI c ATTACHMENT E Page 2 CONTRACTOR’S EQUIPMENT (Continued) EQUIPMENT ITEM DESCRIPTION 8. 9. 10. 11. 12. 13. 14. 16. 17. 18. ~ 19. 20. ’ B. QUANTITY c. TOTAL ANNUAL4 HOURS D. HOURLY RENTAL RATE I EXHIBT E A. MATERIAL OR SUPPLY ITEM ! DESCRIPTION CONTRACTOR’S ESTIMATE of MATERIALS and SUPPLIES Bid No. 04-14 The CONTRACTOR shall set forth in Attachment F to the proposed CONTRACT A. All material and supply items, having an aggregate value in excess of $500, that the B. Quantity of each listed item to be used annually in the performance of the described C. The total estimated annual cost of each material or supply item that the CONTRACTOR CONTRACTOR will use to provide the described services. services. proposes to commit to the performance of the described services. - The information provided in this attachment is for the purposes of determining the CONTRACTOR’S commitment, and preparedness to ‘perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR’S proposal is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. I CONTRACTOR may attach additional pages, if needed. Label any such pages “Exhibit E - Additional Information” I 5. B. ANNUAL OUANTITY i C. ANNUAL COST &q//39. 5 44272 ?!? ~ I Appendix A Rating Totals Deduction Percent CITY OF CARLSBAD GROUNDS AND LANDSCAPE MAINTENANCE SERVICES SITES BID NO. 04-13 100 89 92 INSPECTION RATING FORM SITE: CITY ADMIN BLDG INSPECTOR: Jerry Rodriguez 5/30/04 ~ Possible Previous Rating This I Category Description Points Period Period I ,I Irrigation Maintenance 9 Turf Maintenance Planters & Ground Cover Maintenance Shrub Maintenance Tree Maintenance Hardscape Maintenance Trash & Litter Pickup 25 20 19 Deduction Percent 3 0.03 Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment $1,181.04 $35.43 $1,145.61 74 CITY OF CARLSBAD Equipment & Vehicles Performance of Additional Work Observation and Reporting Emergency Response Response to Requests Off ice and Communications GROUNDS AND LANDSCAPE MAINTENANCE SERVICES SITES BID NO. 04-13 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: Jerry Rodriguez 5/30/04 Possible Previous Rating This Category Description Points Period Period Safety Knowledge of Contract Requirements Staffina Rating Totals 7 7 6 a a 7 6 7 6 7 8 a 6 8 7 7 6 7 6 7 6 7 1 7 I Deduction Percent1 , 0 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 0 0.00 $1,181.04 $0.00 $1,181.04 75 T I T T I T a, 3 -0 a, r 0 v) v) C 0 a, Q 0 a, C 3 v) 0 a, v) 1 a, 0 X U - .- I P .- c 2 a . !?