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HomeMy WebLinkAbout1990-12-11; City Council; 10935; Award of landscape median maintenance contractGIT* OF CARLSBAD — AGENDA BILL MTG._ PEPT PCH TITLE: ANNUAL AWARD FOR LANDSCAPE MEDIAN MAINTENANCE Qtil Occa. O g O OO RECOMMENDED ACTION: Staff recommends Council adopt Resolution No.awarding the annual contract for Landscape Median Maintenance to New Way Landscape Maintenance, Inc., with the option to renew for three additional one (1) year periods. ITEM EXPLANATION At the present time, there are approximately 22 acres of landscape medians that the City maintains. The Parks Department has determined it is more economical for an independent contractor to maintain the City's landscape median areas than for City crews to perform this service. Specifications for landscape median maintenance were developed by the staff of the Parks Department. In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was published and Request for Bids was mailed to fifteen contractors. Seven responses were received, opened, witnessed and recorded on November 27, 1990. The lowest most responsive bid was submitted by New-Way Landscape Maintenance, Inc., 7966 "C" Arjons Drive, San Diego CA 92126, for an annual sum of $48,060. FISCAL IMPACT The Median Maintenance Assessment District has budgeted money for this program. Unencumbered funds, in the amount of $65,000, are available in Account Number 1 61 -840-41 23-2490 for services costing $48,060. EXHIBITS 1 . 2. 3. Resolution No. Tabulation of Bids - Exhibit "A" Landscape Median Maintenance Agreement - Exhibit "B" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90"426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LANDSCAPE MEDIAN MAINTENANCE Be it Resolved by the City Council of Carlsbad, California as follows: 1. That the bid of New-Way Landscape Maintenance, Inc., 7966 "C" Arjons Drive, San Diego CA 92126 is hereby accepted for the period of one year beginning January 1, 1991, with the option to renew for three (3) additional one (1) year periods, with revised contract price set by mutual agreement of the parties. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement, a copy of which is attached hereto marked Exhibit "B", for and on behalf of the City of Carlsbad. Passed, Approved and Adopted at a Regular Meeting of the City Council of the City of Carlsbad on the Uthday of December 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None A. LEWIS, Mayor ATTEST: ALETHA L RAUTENKRANZ, City Clerk (SEAL) Tabulation of Bids LANDSCAPE MEDIAN MAINTENANCE BID NO. 12 Exhibit "A" VENDOR Landscape Inc. P.O. Box 81 7 San Marcos CA 92079 L Williams Landscape Inc. 1338 N. Melrose Ste M Vista Ca 92083 Heavilan Enterprises Inc 2525 Pioneer Ave Vista CA 92083 New-Way Landscape Maint. Inc. 7966 "C" Arjons Dr San Diego CA 9212$ Steven Smith Landscape Inc. 1265 Felicita Lane Escondido CA 92029 J. & R Landscape Maintenance 41 34 Indus Way Riverside CA 92503 PAC West Land Care Inc. 1 1 43 Golden Road Encinitas CA 92024 BID $91 ,800 $84,000 $53,460 $48,060 $68,340 $69,948 $89,892 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this day of. 19 , by the CITY OF CARLSBAD, a municipal corporation, hereinafter called the "City" and New-Way Landscape Maintgnanro Inr. hereinafter called the "Contractor". WITNESSETH A. RECITALS (i) City has determined that it may most economically provide for maintenance of the City's landscape median areas listed on exhibits "A" and "B" if an independent contractor performs the maintenance work. (ii) This agreement is to provide for the performance of this maintenance work by Contractor and to define the rights and obligations of the parties. B. AGREEMENT THEREFORE, it is agreed between the parties as follows: 1. In consideration of the sum of U8.060.00 , to be paid to Contractor by City in twelve (12) equal installments of $4,065.. the Contractor will: a. Take responsibility for the performance of all work described in this agreement. b. Provide all labor and materials, except where otherwise indicated in this agreement, and supervise the performance of the work. c. Furnish a supervisor and make every effort to keep him on the job at all times. d. Comply with all laws, ordinances, rules, and regulations of government authorities, federal, state and local, including Worker's Compensation and Immigration Reform and Contract Act of 1986, pertaining to the performance of the work. f. Perform all work necessary and incidental to the orderly performance of the work. REV 10/30/90 2. Time of Commencement Contractor shall commence performance of work within fifteen (15) working days after the agreement is signed by the Mayor. 3. Schedule of Work Regularly Scheduled. Regularly scheduled work is outlined in this agreement. Work hours shall be between 7:30 and 4:30_, Monday through Friday, except holidays. Contractor agrees to perform additional unscheduled maintenance work not mentioned in specifications as necessary to maintain the grounds in the standard desired by the City, not to exceed five (5) work hours per week, including emergency call outs. 4. Work Scheduling and Inspection a. Scheduling. Contractor's supervisor shall prepare monthly work schedules and review them with the Director of Parks and Recreation or his designated representative. b. Communications. Contractor's supervisor shall visit the Parks and Recreation Department daily to obtain messages or instructions from the Director of Parks and Recreation or his designated representative. Contractor shall supply, and City shall use, a work request form to insure proper documentation of requests. c. Inspections. A general inspection each month with the Director of Parks and Recreation or his designated representative and the contractor's supervisor shall be made during the first week of every month. 5. Compensation and Billing City agrees to pay contractor a total contract price of $48,060.00 dollars in monthly installments of $ 4,065 dollars. Monthly invoice should be submitted after service is provided. Payment for service shall be made within first half of the month following the month in which satisfactory services were rendered and after monthly inspection. 6. Contractor's Local Headquarters Contractor shall maintain adequate office and storage facilities for the REV 10/30/90 performance of this agreement. Such facilities shall be located within a 25 mile radius of the City. Contractor shall show proof of such facilities at bid opening. 7. Emergency Call Out Procedures Within fifteen (15) working days after the date of this agreement, Contractor shall submit to Director of Parks and Recreation or his designated representative for approval, a procedure to provide for emergency response on nights, weekends, and holidays. 8. Future Adjustments to Contract Prices and Work Quantity Prior to June 1st of each year, City shall give contractor a tentative list of additions to facilities to be maintained under this agreement and any proposed increases or decreases in the quantity of work to be performed. Based on list, contractor shall submit to City within thirty (30) days after receipt of list a proposed, revised schedule. Revised contract price shall be set by mutual agreement of the parties by August 15th. If both parties agree upon revised price, they shall become an addendum to this agreement and shall take effect October 15th. Prior to October 15th, the scope of the maintenance may be increased using the change order procedures described in Carlsbad Municipal Code section 3.28.172. 9. Termination Notwithstanding the agreement term described in paragraph 20, this agreement may be terminated with or without cause by either party at any time upon ninety (90) days written notice to the other party. 10. Hold Harmless and Indemnify The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Contractor or Contractor's agents, employees or representatives. Contractor agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. REV 10/30/90 11. Status of the Contractor The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished but shall consult with the City as provided for this agreement. The Contractor is an independent contractor of the City. The payment made to Contractor pursuant to this contract shall be the full and complete compensation to which Contractor is entitled pursuant to this contract. The City shall not make any federal or state tax withholdings on behalf of the Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for any tax, retirement contribution payment which the City may be required to make on behalf of Contractor or any employee of Contractor for work done under this agreement. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this agreement. 12. Assignment of Contract The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 13. Sub-Contracting If the Contractor shall sub-contract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's sub-contractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every sub-contractor and every sub-contractor of a sub-contractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the sub-contract in question approved in writing by the City. REV 10/30/90 14. Prohibited Interest No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any sub-contractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 15. Verbal Agreement or Conversation No verbal agreement or conversation with any office, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this contract. 16. Successors or Assigns Subject to the provisions of paragraph (10), Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 17. Liability Insurance and Workers' Compensation Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all times during the performance of this agreement a policy or policies of liability insurance at least $1,000,000.00 combined single limit covering its operations, including coverage for contractual liability and insurance covering the liability set forth here. The policy or policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." REV 10/30/90 All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be canceled, limited, or non-renewed until after thirty (30) days written notice has been given to the City." B. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees." Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. Certificates of insurance evidencing the coverages required for liability insurance and workers' compensation shall be filed with the City prior to the effective date of this agreement. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be maintained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No. 89- 387. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance. REV 10/30/90 B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers, or employees are additionally insured. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of the $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials and employees, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and complete operations of the Contractor; premises owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. REV 10/30/90 b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall affect coverage provided to the City, its officials, employees, or volunteers. d. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverages: The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, and volunteers for losses arising from work performed by Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A: V as specified by City Council Resolution No. 89-387. F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates of endorsements are to be in forms provided by the City and are to be received and approved by the City before work commences. REV 10/30/90 8 G. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 18. Acceptance of Public Facilities "As Is" Contractor acknowledges having examined the public facilities to be maintained pursuant to this agreement and accepts them "as is". No changes in the accepted conditions of the facilities shall be made by contractor without prior approval of the Director of Parks and Recreation. 19. City Permits The Contractor must have a current City business license. Bidders are advised to consult the Business License Supervisor as to the exact cost of such license if not currently licensed. 20. Term This agreement shall extend for a period of one (1) year. By mutual assent, the parties may extend this agreement for three (3) additional one (1) year periods for a total period of four (4) years upon satisfactory performance, and the consideration shall be determined by the methods described in paragraph 8. 21. Regularly Scheduled Work a. Irrigation. All plants and turf shall be provided with sufficient irrigation water to maintain a healthy appearance and condition. Water and irrigation system will be provided by City. Contractor shall control clock programming and hand watering schedule in a manner that will not cause unnecessary water run-off or ponding. Schedules will be prudently adjusted so as to not waste water. Irrigation will not normally be performed during daylight hours on areas where the systems are automatically controlled. Any exceptions shall be approved by the Director of Parks and Recreation or his designated representative, prior to watering. During rainy periods, it shall be the Contractor's responsibility to secure irrigation systems. City will notify Contractor of any special events to take place on park areas and Contractor shall adjust irrigation schedule so as to not disrupt events. Newly planted trees should be manually watered as necessary. REV 10/30/90 b. Irrigation Systems Maintenance. Contractor shall trim around, clean and adjust all sprinkler heads as necessary to ensure proper performance. Contractor is also responsible for maintenance of automatic sprinkler systems, including a monthly test activation of the system. c. Irrigation Systems Repair. Contractor is responsible for making repairs to the irrigation system as follows: 1) All minor repair labor. 2) Up to $50.00 per month of repair parts, with parts valued at Contractor's actual cost. 3) Major repairs if Contractor submits an estimate to city within five (5) working days and City agrees to the cost of repair. The City reserves the right to make major repairs in any manner it chooses if City does not accept the cost estimate, or Contractor does not submit an estimate, or Contractor does not submit an estimate within five 95) working days. All repairs to the system shall be made according to the original detail. d. Turf Mowing, Edging, and Trimming. All turf areas shall be mowed, edged, and trimmed at least weekly during the months of March through November, and bi-weekly during the months of December through February, weather permitting. The height of the grass shall be maintained at a height one inch (1") to two inches (2"), depending on the type of grass and the mowing seasons. During heavy growth seasons or for special events, extra mowing may be ordered by the Director of Parks and Recreation or his designated representatives, and performed by Contractor at no additional cost to City. Turf shall be swept, vacuumed or otherwise cleaned to maintain a neat appearance at all times. e. Walks. Curbs, and Courts. All sidewalks, curbs, courts, and miscellaneous asphalt and concrete surfaces shall be washed or swept once a week. Any debris that is caused by the Contractor shall be thoroughly cleaned at once. f. Planters and Ground Covers. All planters and ground cover areas shall be kept free from debris and weeds at all times. These areas shall be cultivated and weeded at not more than ten (10) working day intervals. These areas shall also be edged weekly and any debris generated by this operation shall be removed immediately. REV 10/30/90 10 g. Trimming and Pruning. All shrubs and plants shall be kept pruned and trimmed in accordance with good horticultural practices. All trees shall be kept clear of sidewalks, paths and roadways by minor trimming. It the Contractor feels that major trimming is necessary, he must notify the Director of Parks and Recreation or his designated representative before proceeding. h. Fertilizing. All turf areas shall be fertilized a minimum of four (4) times a year or as is necessary to maintain a healthy appearance and condition. Fertilizer material tags shall be submitted to the Director of Parks and Recreation or his designated representative for approval before application. All plants and trees shall be fertilized and treated as necessary to maintain a healthy condition and appearance. Fertilizer shall be provided by Contractor. i. Weed, Pest, and Disease Control. All turf areas, planters, beds, trees, and tree wells shall be kept clear and free of all weeds, pests, and diseases at all times. Methods and materials used to accomplish this objective are subject to approval by the Director of Parks and Recreation or his designated representative but are supplied by Contractor. j. Reseeding. Any turf area shall be reseeded as required by the Director of Parks and Recreation or his designated representative, at Contractor's expense, as a result of negligence by Contractor. When reseeding, materials and horticultural practices used are subject to inspection and approval by Director of Parks and Recreation or his designated representative. k. Tree and Shrub Replacement. Contractor shall replace, at his expense, any trees, shrubs, turf, or ground cover which die as a result of Contractor's negligence. City shall replace any trees, shrubs, turf, or ground cover which die for reasons other than Contractor's negligence. Size of trees and shrubs shall be determined by Director of Recreation or his designated representative; ground cover shall be from flats. 1. Traffic Controls. Contractor shall provide and display all safety devices and traffic controls at all times when working in the public right-of-way. All Contractor's employees shall be attired in approved safety gear at all times and traffic control shall be as outlined by the Director of Parks and Recreation. Failure to do so will result in an immediate shutdown of activity by the City. Any work not accomplished as a result of this shutdown shall be performed at another time with proper safety devices at no additional expense to the City. REV 10/30/90 11 m. Safety. All equipment and machinery utilized by the Contractor while performing work for the City shall be equipped and operated in such a manner so as to conform to all applicable laws and regulations, including, but not limited to Cal-OSHA, concerning safety and operations. n. Turf Aeration and Thatching. Turf areas shall be aerated and thatched in accordance with good horticulture practices. If the Contractor feels that a major renovation is needed, he shall notify the Director of Parks and Recreation or his designated representative prior to proceeding. o. Miscellaneous Items. 1) All grass and shrub clippings and any other debris generated by the Contractor's activities shall be removed and properly disposed of by the Contractor at his expense. 2) Dust or nuisance conditions occasioned by Contractor's work shall be alleviated immediately. 3) Each of Contractor's working crews shall have a responsible leadperson who may represent Contractor to discuss work results with the Director of Parks and Recreation or his designated representative. 4) Contractor shall be responsible for keeping curb, gutter, and hardtop areas free of weeds and debris. 5) All of Contractor's personnel performing the work of this contract shall maintain appearance and uniforms in a manner acceptable to City standards. REV 10/30/90 12 Executed this Contractor: 6) Large trash items shall be picked up by Contractor prior to moving. day of , 19 . (name of Contractor) By: (sign here) (print name here) CITY OF CARLSBAD, a municipal corporation of the State of California By: MAYOR ATTEST: Aletha L. Rautenkranz, City Clerk (Title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgement of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: Deputy City Attorney REV 10/30/90 13 CITY OF CARLSBAD MEDIAN MAINTENANCE AREAS Carlsbad Boulevard, from Cannon Road north to City limit (2.39 acres) Grand Avenue, from Carlsbad Boulevard east to Roosevelt Street (.12 acres) Elm Avenue, from Carlsbad Boulevard east to 1-5 (.73 acres) El Camino Real, from Haymar Drive south to Alga Road (6.85 acres) AJga Road, from Mimosa east to Melrose (2.5 acres) Rancho Santa Fe Road, from La Costa Avenue west to Rancho Santa Fe Road (Olivenhain Road) (1.51 acres) Palomar Airport Road, from Camino vida Robles west to Paseo Del Norte (1.23 acres) Paseo Del Norte. from Palomar Airport Road north to Cannon Road (.5 acres) Cannon Road, from 1-15 to Car Country Drive (.66 acres) Poinsettia Lane, from 1-5 east to end (.91 acres) College Boulevard, from Palomar Airport Road north east to El Camino Real (4.1 acres) Avenida Encinas. from Poinsettia south to end of shopping complex (.40 acres) Melrose. from Alga Road south to Rancho Santa Fe Road (.50 acres) NOTE: All acreages above are approximate. It would be advised all bidders examine the locations of the proposed work and the actual conditions and requirements of the work and shall make proposals based upon their examination and evaluation of actual conditions.