The URL can be used to link to this page

Home My WebLink About1996-07-09; City Council; 13732; INTERSTATE 5 AND PALOMAR AIRPORT ROAD INTERCHANGE LANDSCAPE MAINTENANCEc D tu.! 4 3 e a* $2- 4, z 0 F 0 a d 8 2 3 WY Ut GAMLSUAU - AG UA UILL --Ab: Ll, DEPT. AB # I 'I 73A INTERSTATE-5 AND PALOMAR AIRPORT MTG, /$-'/ - ?& ROAD INTERCHANGE LANDSCAPE CITY E DEPT. PCH MAINTENANCE CITY I\ RECOMMENDED ACTION: TITLE: Adopt Resolution No. 91, -2 Y 9 , accepting the bid and authorizing an agreemen maintenance of the Palomar Airport Road and Interstate 5 Interchange to POI Landscape, Inc., for the period from July 1, 1996 to June 30, 1997, with the option ti for one additional one year period. ITEM EXPLANATION As part of the construction of the Palomar Airport Road and Interstate 5 intercha City of Carlsbad was required to execute a maintenance agreement with the C Department of Transportation (CALTRANS). The agreement stipulated that the Cit maintain the landscaping portion of the project for a four year period. Staff negoti amendment with CALTRANS limiting the City's responsibility to two years. This am€ was approved in Resolution No. 96-1 16. The City will be responsible for the establishment of the initial planting and landsa addition to required maintenance and fertilization. At the end of the two year Caltrans will take over full landscaping and maintenance responsibility. Specifications for the landscaping maintenance were developed by the staff of th Department. In accordance with Section 3.28.120 of the Municipal Code, Notice to was mailed to twelve contractors. On May 16, 1996 two responses were received, ( witnessed and recorded. The lowest responsive bidder for the contract was POI Landscape Inc., PO Box 385 Solana Beach, CA 92075. FISCAL IMPACT The cost for initial cleanup/restoration is $1 5,091 .OO and one year of maintenance o $19,800.00 for a total of $34,891.00. Adequate funds are available in the CFD I Airport Road and 1-5 interchange project account. EXH BITS 1. 2. Agreement for Landscape Maintenance 3. Tabulation of bids Resolution No. 9 &- d Y y h 4 ? 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96 -3 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE BID AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LANDSCAPE MAINTENANCE OF THE PALOMAR AIRPORT ROAD AND INTERSTATE 5 INTERCHANGE WHEREAS, Section 3.28.120 of the Carlsbad Municipal Code provides that materials and services costing over twenty-five thousand dollars must be obtained through formal bidding procedures; and WHEREAS, bid proposals were submitted by two contractors and were judged against known criteria. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C; California, as follows: 1. That the bid of Ponderosa Landscape lnc., PO Box 385 Solana Beach, Ck is hereby accepted. 2. That an Agreement between the City of Carlsbad and Ponderosa Landsc for a period of one year commencing July 1, 1996 through Julie 30, 1997, which I renewed by the City Manager for one (1) additional one (1) year period, is hereby apprc That the Mayor of the City of Carlsbad is hereby authorized and dire execute said Agreement, a copy of which is on file in the Purchasing Departmf incorporated herein by reference, for, and on behalf of the City of Carfsbad. Ill Ill Ill Ill Ill Ill 3. I I, % d 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Carlsbad on the 9th day of JUT,Y , 1996, by the following vote, to wit: AYES: NOES: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ABSENT: None ATTEST: (SEAL) I I 4 a' .( I-WPAR RD. INTERCHANGE LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this 15th day of JULY , 1996, by the CITY C CARLSBAD, a municipal corporation, hereinafter called the "City and PONDEROS LANDSCAPE, INC., hereinafter called the "Contractor". WITNESSETH RECITALS (i) City has determined that it may most economically provide for an initial clea interchange as described on Attachment "A' if an independent contract performs the maintenance work. (ii) This agreement is to provide for the performance of this maintenance work I Contractor and to define the rights and obligations of the parties. uplrestoration and landscape maintenance at I-51Palomar Airport Ro; AGREEMENT THEREFORE, it is agreed between the parties as follows: 1. In consideration of the sum of $15,091.00, to be paid to Contractor by C for clean-up/restoration, and of the sum of $19,800.00, for landsca maintenance to be paid to the Contractor by the City in twelve (12) eqi instalfments of $1650.00 the Contractor will: a. Take responsibility for the performance of all work described in tt agreement. Provide all labor and materials, except where otherwise indicatl in this agreement, and supervise the performance of the work C. Furnish a supervisor and make every effort to keep him on the j at all times d. Comply with all laws, ordinances, rules, and regulations government authorities, federal, state and local, including Worke Compensation and Immigration Reform and Contract Act of 19E pertaining to the performance of the work. e. Perform all work necessary and incidental to the orde performance of the work b. 2. Time of Commencement Contractor shall commence performance of work within fifteen (' working days after the agreement is signed by the Mayor. 3. Schedule of Work ReaularlY Scheduled. Regularly scheduled work is outlined in t agreement work hours shall be between 7:30 and 4:30, Monday throL Friday, except holidays. Contractor agrees to perform additional unscheduled maintenance wc not mentioned in specifications as necessary to maintain the grounds the standard desired by the City, not to exceed five (5) work hours I week, including emergency call outs. 1 d Oi 0' 4. Work Schedulinq and InsDection 1 a. Scheduling. Contractor's supervisor shall prepare monthly wo schedules and review them with the Director of Communi Services or his designed representative. b. Communications. Contractor's supervisor shall visit tt Community Services Department twice per week to obta messages or instructions from the Director of Community Servicf or his designated representative. Contractor shall supply, and Ci shall use, a work request form to insure proper documentation requests. c. Inspections. A general inspection each month including a writtc evaluation of each specific area with the Director of Communi Services or his designated representative and the contractor supervisor shall be made during the first week of every month. 5. Emerqency Call Out Procedures Within fifteen (15) working days after the date of this agreemen Contractor shall submit to Director of Community Services or hi designated representative for approval, a procedure to provide fc emergency response on nights, weekends, and holidays. 6. Contractor's Local Headquarters Contractor shall maintain adequate office and storage facilities for th performance of the agreement, Such facilities shall be located within th North County. Failure to do so may result in termination of contract. 7. Contractor Certification Requirements The Contractor must have the following licensed staff working on the jot a. b. Certified Landscape Technician - at all times State of California Pesticide Qualified Applicator Certificate fc crew leader. c. State of California Pesticide Qualified Applicator License fc supervisor. State of California Pest Control Advisor License on staff. d. 8. Initial Cleanup and Restoration To include weed abatement, (manual, chemically) trash pickup, irrigatioi repair, erosion repair and plant replacement as per original plans. 9. Maintenance (weekly) To include weed abatement, (mechanically, chemically) Fertilizing, Shrul trimming, Pruning training, litter control, irrigation control, general pest ani rodent control, irrigation system maintenance and repair, right-of-wa hardscape cleaning and roadway clearance and visibility maintenance. 2 a! 0 IO. Regularly Scheduled Work a. Irnqation. All plants and turf shall be provided with sufficier irrigation water to maintain a healthy appearance and conditior Water and irrigation system will be provided by City. Contract( shall control clock programming and hand watering schedule in manner that will not cause unnecessary water run-off or pondin! Schedules will be prudently adjusted so as to not waste wate Irrigation will not normally be performed during daylight hours c areas where the systems are automatically controlled. Ar exceptions shall be approved by the Director of Communi' Services or his designated representative, prior to watering. Durir rainy periods, it shall be the Contractor's responsibility to Secui irrigation systems. City will notify Contractor of any special eveni to take place on park areas and Contractor shall adjust irrigatic schedule so as to not disrupt events. Newly planted trees shou be manually watered as necessary. b. lrriqation Systems Maintenance. Contractor shall trim aroun clean and adjust all sprinkler heads as necessary to ensure prop performance. Contractor is also responsible for maintenance automatic sprinkler systems, including a weekly test activation the system. c. Irriqation Systems Repair. Contractor is responsible for all repai as needed. All irrigation repairs shall be made as per original plz d. Walks, Curbs, and Hardscape. All sidewalks, curbs, hardscap and miscellaneous asphalt and concrete surfaces shall be washe Contractor shall be thoroughly cleaned at once. Ground Covers. All ground cover areas shall be kept free frc debris and weeds at ail times. These areas shall be cultivated a weeded at not more than ten (10) working day intervals. The areas shall also be edged weekly and any debris generated by tl operation shall be removed immediately. Trimminq and Pruning. All shrubs and plants shall be kept prun and trimmed in accordance with good horticultural practjct Shrubs shall be maintained at least 12" from roadway and trimm in a manner that provides safe traffic flow. All trees shall be kc clear of sidewalks, paths and roadways by minor trimming. If t Contractor feels that major trimming is necessary, he must noi the Director of Community Services or his designat representative before proceeding. Fertilizing. All turf areas shall be fertilized a minimum of four times a year or as is necessary to maintain a healthy appearar and condition. Fertilizer material tags shall be submitted to ' Director of Community Services or his designated representat for approval before application. All plants and trees shall fertilized twice annually (in the spring and in the fall) with balanced fertilizer (10-10-10) and treated as necessary to maint a healthy condition and appearance. Fertilizer shall be provided Contractor. swept or blown off once a week. Any debris that is caused by tt e. f. 9. 3 m( h. Weed, Pest, and Disease Control. All turf areas, planters, bed trees, and tree wells shall be kept clear and free of all weed pests, and diseases at all times. Methods and materials used q accomplish this objective are subject to approval by the Director 1 Community Services or is designated representative but ai supplied by Contractor. 1. Tree and Shrub Replacement. Contractor shall replace, at h expense, any trees, shrubs, turf, or ground cover which die as result of Contractor's negligence. City shall replace any tree shrubs, turf, or ground cover which die for reasons other th: Contractor's negligence. Size of trees and shrubs shall t determined by Director of Community Services or his designatc representative; ground cover shall be from flats. j. Traffic Controls. Contractor shall provide and display all safe devices and traffic controls in accordance with City of Carisbad ar Caltrans standards at all times when working in the public right-c way. All Contractor's employees shall be attired in approved safe gear at all times and traffic control shall be as outlined by tt Director of Community Services. Failure to do so will result in i immediate shutdown of activity by the City. Any work n another time with proper safety devices at no additional expense the City. accomplished as a result of this shutdown shall be performed k. Safetv. All equipment and machinery utilized by the Contract while performing work for the City shall be equipped and operatc in such a manner so as to conform to all applicable laws ar regulations, including, but not limited to Cal-OSHA, concernir safety and operations. I. Miscellaneous Items 1) All grass and shrub clippings and any other debi generated by the Contractor's activities shall be removc and properly disposed of by the Contractor at his expen: Dust or nuisance conditions occasioned by Contractoi work shall be alleviated immediately. 2) 3) Each of Contractor's working crews shall have responsible leadperson who may represent Contractor discuss work results with the Director of Commun Services or his designated representative. 4) Contractor shall be responsible for keeping curb, guttc and hardscape areas free of weeds and debris, at all tim All of Contractor's personnel performing the work of tt contract shall maintain appearance and uniforms in manner acceptable to City standards. Large trash items shall be picked up by Contractor prior moving. 5) 6) 4 0 0 7) Contractor shall obtain all necessary and required right-o way permits from Caltrans prior to start of work. 11. ComDensation and Billing City agrees to pay contractor an initial clean-up price 15,091.00 dollar and a total contract price for maintenance of 19,800.00 dollars in month1 installments of 1,650.00 dollars. Monthly invoice should be submitted after service is provided. Payment fc service shall be made within first half of the month following the month i which satisfactory services were rendered and after monthly inspection. Future Adiustments to Contract Prices and Work Quantity Prior to June 1st of each year, City shall give contractor a tentative list 1 additions to facilities to be maintained under this agreement and ar proposed increases or decreases in the quantity of work to be performe Based on list, contractor shall submit to City within thirty (30) days aft receipt of list a proposed, revised schedule. Revised contract price sh; be set by mutual agreement of the parties by August 15th. If both partic agree upon revised price, they shall become an addendum to th agreement and shall take effect October 15th. Prior to October 15th, the scope of the maintenance may be increasc using the change order procedures described in Carisbad Municipal COC section 3.28.172. 12. 13. Term This agreement shall extend for a period of one (1) year. By mutt assent, the parties may extend this agreement for one (1) additional 0, (I) year period for a total period of two (2) years upon satisfactc performance, and the consideration shall be determined by the metho described in paragraphs 9 and IO. 14. Termination Notwithstanding the agreement term described in paragraph 20, tt agreement may be terminated with or without cause by either party at a time upon ninety (90) days written notice to the other party. Acceptance of Public Facilities "As Is" Contractor acknowledges having examined the public facilities to I maintained pursuant to this agreement and accepts them "as is". changes in the accepted conditions of the facilities shall be made contractor without prior approval of the Director of Community Service: 15. 16. Status of the Contractor The Contractor shall perform the services provided for herein Contractor's own way as an independent contractor and in pursuit Contractor's independent calling, and not as an employee of the Cl Contractor shall be under control of the City only as to the result to 5 - O! W accomplished but shall consult with the City as provided for thi agreement. The Contractor is an independent contractor of the City. The paymer compensation to which Contractor is entitled pursuant to this contract. Th City shall not make any federal or state tax withholdings on behalf of th Contractor. The City shall not be required to pay any worker compensation insurance on behalf of the Contractor. The Contract( agrees to indemnify the City for any tax, retirement contribution paymei which the City may be required to make on behalf of Contractor or ar employee of Contractor for work done under this agreement. The Contractor shall be aware of the requirements of the lmmigratic Reform and Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shz comply with those requirements, including, but not limited to, verifying tt- eligibility for employment of all agents, employees, subcontractors, ar consultants that are included in this agreement. made to Contractor pursuant to this contract shall be the full and complel 17. Assiqnment of Contract The Contractor shall not assign this contract or any part thereof or ai monies due thereunder without the prior written consent of the City. 18. Sub-contracting If the Contractor shall sub-contract any of the work to be performed und this contract by the Contractor, Contractor shall be fully responsible to tt City for the acts and omissions of Contractor's subcontractor, i Contractor is for the acts and omissions of persons directly employed I Contractor. Nothing contained in this contract shall create any contractu relationship between any subcontractor of Contractor and the City. Tt Contractor shall bind every subcontractor and every subcontractor of sub-contractor by the terms of this contract applicable to Contractor's wo unless specifically noted to the contrary in the sub-contract in questic approved in writing by the City. 19. Prohibited Interest No official of the City who is authorized in such capacity on behalf of tt City to negotiate, make, accept, or approve, or take part in negotiatin making, accepting, or approving of any architectural, engineerir inspection, construction or material supply contractor, or any SL contractor in connection with the construction of the project, shall becor directly or indirectly interested personally in this contract or in any p< thereof. No officer, employee, architect, attorney, engineer or inspector or for the City who is authorized in such capacity and on behalf of the C to exercise any executive, supervisory, or other similar functions connection with the performance of this contract shall become directly indirectly interested personally in this contract or any part thereof. 20. Verbal Aqreement or Conversation No verbal agreement or conversation with any office, agent, or employ of the City, either before, during, or after the execution of this contra shall affect or modify any of the terms or obligations herein contained r such verbal agreement or conversation entitle the Contractor to a additional payment whatsoever under the terms of this contract. 6 e‘ W 21. Successors or Assigns Subject to the provisions of paragraph (ZZ), Hold Harmless Agreement, : terms, conditions, and provisions hereof shall insure to and shall bind eac of the parties hereto, and each of their respective heirs, executor administrators, successors, and assigns. 22. Hold Harmless Aqreement Contractor agrees to indemnify and hold harmless the City of Carlsbad ar claims, damages, losses and expenses including attorney fees arising o of the performance of the work described herein caused in whole or in p; by any willful misconduct or negligent act or omission of the contractc any subcontractor, anyone directly or indirectly employed by any of them I anyone for whose acts any of them may be liable, except where caused I the active negligence, sole negligence, or willful misconduct of the City Carlsbad. Contractor shall at his own expense, upon written request by the Cif defend any such suite or action brought against the City, its office1 officials, employees and volunteers. Contractor‘s indemnification of C shall not be limited by any prior or subsequent declaration by ti contractor. 23. Insurance its officers, officials, employees and volunteers from and against i The Contractor shall obtain and maintain for the duration of the contrz and any and all amendments insurance against claims for injuries persons or damage to property which may arise out of or in connectil with performance of the work hereunder by the contractor, his agen representatives, employees or subcontractors. Said insurance shall I obtained from an insurance carrier admitted and authorized to do busine in the State of California. The insurance carrier is required to have current Best’s Key Rating of not less than “A-V’ and shall meet the Cit] policy for insurance as stated in Resolution No. 91-403. a. Coveraqes and Limits Contractor shall maintain the types of coverages and minimi limits indicated herein, unless a lower amount is approved by t City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $l,OOO,C combined single-limit per occurrence for bodily injury, persoi injury and property damage. If the submitted policies cant per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved contractor’s work for the City). $1,000,000 combined sinc limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer‘s Liability. Work€ Compensation limits as required by the Labor Code of 1 State of California and Employer‘s Liability limits of $l,OOO,C per accident for bodily injury. aggregate limits, general aggregate shall be twice the requir 7 W( mi 4 b. Additional Provisions Contractor shall ensure that the policies of insurance require under this agreement contain, or are endorsed to contain, th following provisions. 1. The City shall be named as an additional insured on all policie excluding Workers' Compensation. 2. The contractor shall furnish certificates of insurance to the Ci before commencement of work. 3. The contractor shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreemei and any extension thereof and shall not be canceled without f days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insurani coverages required herein, then the City will have the option declare the contractor in breach, or may purchase replaceme insurance or pay the premiums that are due on existing policic in order that the required coverages may be maintained. TI contractor is responsible for any payments made by the City obtain or maintain such insurance and the City may collect tl same from the contractor or deduct the amount paid from ai sums due the contractor under this agreement. 24. Business License Contractor shall obtain and maintain a City of Carlsbad Business Licen! for the duration of the contract. 25. False Claims The CONTRACTOR may be subject to civil penalties for the filing of fa1 sections 12650, et seq., and Carlsbad Municipal Code Se tio 3.32, 02 claims as set forth in the California False Claims Act, Government co et seq. A Initial 26. Responsible Parties The name of the persons who are authorized to give written notices or receive written notice on behalf of the City and on behalf of the Contrac in connection with the foregoing are as follows: For City: Title PARKS SUPERINTENDENT DOUG DUNCANSON Name Address 1200 Carlsbad VillaEe Drive Carlsbad, CA 92008 8 mi W For Contractor: Title PRESIDENT Name Bret Black Address 4?h N0rt.h rprlrns A~r~nii~ Cnlans Rpsrh. f'A Q?Q?C; 27. Entire Agreement This agreement, together with any other written document referred to ( contemplated herein, embody the entire agreement and understanding betwee the parties relating to the subject matter hereof. Neither this agreement nor ar provision hereof may be amended, modified, waived or discharged except by 3 instrument in writing executed by the party against which enforcement of su( amendment, waiver or discharge is sought. IN WITNESS WHEREOF, the parties hereto have executed the Agreement at Carfsba California, the day and year first above written. Executed by Contractor this -?+A day of Tu# 15 ,19?d. CONTRACTOR: Ponderosa Landscape Inc (name of Contractor) By: blq- 6\ 1 I$ f,( g;; ;;; Lqd / ATTEST: ALETHA L. RAUTENKRANZ 7- lX-9& City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations only one officer signs, the corporation must attach a resolution certified by the secretary assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY MdyJdl- Deputy City Atto'iney 9 CALIFORNIA ALL-P mi OSL: ACKNOWLEDGMENT W' c] personally known to me - OR - 0 proved to me on the basis of satisfactory evide to be the person(s) whose name(s),M subscribed to the within instrument and knowledged to me that he&dthey execL the same in W/their authori, capacity(ies), and that by h&be+/tl signature(s) on the instrument the persor or the entity upon behalf of which person(s) acted, executed the instrum Though the data below is not required by law, it may prove valuable to persons relying on the document and could F fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMI DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) __ ~ __~ __ SIGNER(S) OTHER THAN NAMED ABOV - ___ ~ 01 993 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave P 0 Box 7184 - Carioga Park j - 3 W( 4 w : :::::::::::::::: : t Ln . __.__..__ ._.._. . . .__..._......... :? in fP za PR * - - v1-l-4 00 g E E f I I I I $mmm . - .. . .. . _. ..- ___. .. .. I . - ..-. .- -.. - .. _* '1. pi., ; -.. ..- -_ //?I L - .-z: z. -z-J . . ,. i I d. j I 1 i 1: 4 - r 8 P 3 i i * i .. --. . . .-. -..~ - ~ --- .~.____- -- ! I i 1 1 5 - ~__ . - .~~-. ~ ~~ ~ ...- - . -~ ~.__ -~ __. .~-~~.~ - 'CP -- ---- - ..- .-~ I i- ~ .~ ~ .. ~~ ~~ ~__~_ ~ .~ -~-___ -~-. __ f .I * - ---~ . ' ,' ff 00 a@@@@@@@ 0 QQB@@@Q@ @ @@( _____ .___-.~ --~~ __._~ . * * .I 1 -L om Exhibil I TABULATION OF BIDS BID #I2 May 16,1996 INTERSTATE 5/PALOMAR AIRPORT ROAD LANDSCAPE MAINTENANCE 11:OOA.M. CleanublRestoration 12 Month Service Cost Total Ponderosa Landscape Inc PO Box 385 Solana Beach CA 92075 $15,091.00 $19,800.00 $34,891 .C New Way Professional Landscape Svcs 7966-C Arjons Dr SanDiego CA 92126 26,897.00 16,500.00 43,397.c