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HomeMy WebLinkAbout1999-02-16; City Council; 15067; Bid For Landscape Median Maintenance. , .g.. . 5, E 6 a $ 5 8 \B # ij:0&‘1 TITLE: AT& a- 16 -=I 9 AWARD OF BID FOR LANDSCAPE MEDIAN MAINTENANCE IEPT. PIJ tiECOMMENDED ACTION: Cl”’ OF CARLSBAD - AGEPA BILL 6 CITY MGR. kid Staff recommends Council adopt Resolution No. 99 - 70 accepting the bid proposal of Landscape West Inc., and authorizing the execution of an agreement for landscape median maintenance services. ITEM EXPLANATION The City of Carlsbad has approximately 27 acres of landscaped medians for which the City has the responsibility to maintain. The Parks Maintenance Division has determined it to be more economical for an independent contractor to maintain these areas than for City work crews to perform these services. Specifications for landscape median maintenance were developed by the staff of the Parks Division. In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was published and Requests for Bid were sent to forty-five contractors. Four bids were received. The Parks Superintendent recommends acceptance of the bid for landscape median maintenance from Landscape West Inc., 950 North Tustin Avenue, Anaheim CA 92807. Bid prices are listed below: Contractor Annual Amount Landscape West Inc $66.600.00 L. Williams Landscape Inc. $77,520.00 Pat West Land Care Inc. $80,712.00 New Way Professional Landscape $96,612.00 FISCAL IMPACT Funds for landscape median maintenance services are a part of the Parks Division annual budget. EXHIBITS Resolution No. 9 9 * 3 0 1 2 2 4 c b 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT. WHEREAS, the City of Carlsbad requires the services of a landscape median maintenance contractor, and; WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified contractors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The bid of Landscape West Inc., 950 North Tustin Avenue, Anaheim CA 92807 is hereby accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad for the period of one year with the option for the City Manager to renew for three additional one-year periods, with revised contract prices set by mutual agreement. 3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for landscape median maintenance services.. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 16th day of February , 1999, by the following vote to wit: AYES: Council Members Lewis, Hall, Nygaard and Kulchin NOES: None ABSENT: Council Member Finnila ATTEST: (SEAL) AGREEMENT THIS AGREEMENT is made and entered into as of the second day of March 8 1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, tind LANDSCAPE WEST INC., a corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a landscape maintenance Contractor to provide- necessary median landscape maintenance services; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: A. CONTRACTOR’S OBLIGATIONS The Contractor will: 1. Take responsibility for the performance of all work described in this agreement, including addendum “A” and addendum ‘73” attached. 2. Provide all labor and materials, except where otherwise indicated in this agreement, and supervise the performance of the work. 3. Furnish a supervisor and make every effort to keep him on the job at all times. rev. 8125198 -1 - 4. Perform all work necessary and incidental to the orderly performance of the work. B. Time of Commencement. Contractor shall commence performance of work within fifteen (15) working days after the agreement is signed by the Mayor. C. Work Schedule. Regularly scheduled work.is outlined in this agreement. Work hours shall be between 7:30 AM and 4:30 PM, 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. D. Schedulinq and Inspection 1. Scheduling. Contractor’s supervisor shall prepare monthly work schedules and review them with the Director of Parks and Recreation or his designated representative. 2. Communications. Contractor’s supervisor shall visit the Community Services Department twice per week to obtain messages or instructions from the Director of Community Services or his designated representative. Contractor shall supply, and City shall use, a work request form to insure proper documentation of requests. 3. Inspections. A general inspection each month including a written evaluation of each specific area with the Director of Community -2 - rev. 8125198 Services or his designated representative and the contractor’s supervisor shall be made during the first week of every month. E. Contractor’s Local Headquarters. Contractor shall maintain adequate office and storage facilities for the performance of the agreement. Such facilities shall be located within the North County area. Failure to do so may result in .termination of contract. F. Emeroencv Call Out Procedures. Within fifteen (15) working days after the date of this agreement, Contractor shall submit to Director of Community Services or his designated representative for approval, a procedure to provide for emergency response on nights, weekends, and holidays. G. 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 Community Services. H. Citv 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. I. Contractor Certification Requirements 1. The Contractor must have the following licensed staff working on the job: rev. 8/25/98 -3 - a) Certified Landscape Technician - at all times W State of California Pesticide Qualified Applicator Certificate for crew leader. Cl State of California Pesticide Qualified Applicator License for supervisor. d) State of California Pest Control Advisor License on staff. J. Reoularlv Scheduled Work 1. Irrioation. 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 Community Services 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. -4- rev. 8/25/98 2. 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. 3. lrriaation Svstems Repair. Contractor is responsible for making repairs to the irrigation system as follows: a) All minor repair labor. W Up to $50.00 per month of repair parts, with parts valued at Contractor’s actual cost. Cl 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 (5) working days. d) All repairs to the system shall be made according to the original detail. 4. Turf Mowino, Edaina, 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 (2’7, -5 - rev. 8/25/98 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 Community Services 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. 5. Walks, Curbs, and Hardscape. All sidewalks, curbs, hardscape, and miscellaneous asphalt and concrete surfaces shall be washed, swept or blown off once a week. Any debris that is caused by the Contractor shall be thoroughly cleaned at once. 6. 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. 7. Trimmino and Pruninn. All shrubs, plants and trees shall be kept pruned and trimmed in accordance with good horticultural practices. Shrubs shall be maintained at 12” from roadway and trimmed in a manner that provides safe traffic flow. All trees shall be pruned in accordance with good horticultural practices and be kept clear of sidewalks, paths and roadways through annual and biannual trimming. 8. 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 -6 - rev. 8125198 - Director of Community Services or his designated representative for approval before application. All plants and trees (in medians) shall be fertilized twice annually (in the spring and in the fall) with a balanced fertilizer (1 O-l O-l 0) and treated as necessary to maintain a healthy condition and appearance. Fertilizer shall be provided by Contractor. 9. 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 Community Services or is designated representative but are supplied by Contractor. 10. Reseedinq. Any turf area shall be re-seeded as required by the Director of Community Services or his designated representative, at Contractor’s expense, if the Director determines that it is necessary due to negligence by Contractor. When re-seeding, materials and horticultural practices used are subject to inspection and approval by Director of Community Services or his designated representative. 11. 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 Community Services or his designated -7 - rev. 8125198 12. 13. 14. representative; ground cover shall be from flats. Traffic Controls. Contractor shall provide and display all safety devices and traffic controls in accordance with City of Carlsbad standards at all times when working in the public right-of-way. All Contractors employees shall be attired in approved safety gear at all times and traffic control shall be as outlined by the Director of Community Services. 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. 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. Turf Aeration and Thatching. Turf area 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 Community Services or his designated representative prior to proceedings. K. 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. -8 - rev. 8125198 2. Dust or nuisance conditions occasioned by Contractors 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 Community Services or his designated representative. 4. Contractor shall be responsible for keeping curb, gutter, and hardscape areas free of weeds and debris, at all times. 5. All of Contractor’s personnel performing the work of this contract shall maintain appearance and uniforms in a manner acceptable to City standards. 6. Large trash items shall be picked up by Contractor prior to moving. 2. PROGRESS AND COMPLETION The work under this contract will begin within fifteen (15) days after receipt of notification to proceed by the City. 3. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $5,550.00 per month. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, “Changes in Work.” rev. 8125198 -9 - 4. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 5. PAYMENT OF FEES Payment of approved items on invoices shall be mailed to the Contractor within 30 days of receipt of the invoice. 6. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. rev. 8125198 -lO- 7. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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, the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination- 9. TERMINATION OF CONTRACT This agreement may be terminated by either party upon tendering ninety (90) days written notice to the other party. In the event of temrination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the fee payable under paragraph 3. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. rev. 8125198 -11 - 10. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. w-(Tnitial) -s The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. rev. 8/25/98 -12 - 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 in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not -13 - rev. 8125198 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 12. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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. 13. 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. 14. SUBCONTRACTING If the Contractor shall subcontract 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 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 contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless -14 - rev. 8125198 specifically noted to the contrary in the subcontract in question approved in writing by the City. 15. 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 this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this ,contract or any part thereof. 16. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, 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 entitle the Contractor to any additional payment whatsoever under the terms of this contract. 17. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 12, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. rev. 8125198 -15- 18. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 19. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 20. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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-V’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. rev. 8125198 -16 - A. Coveraces and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. -17 - rev. 8125198 6. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. . . . - . . rev. 8125198 -18 - . . . 21. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Parks Superintendent Address 1166 Carlsbad Village Drive Carlsbad CA 92008 Title Vice President Name Robert D. Jensen Address 950 N. Tustin Avenue Anaheim, CA 92807 For Contractor: Architect/License Number: Contractors License,C27 & C61/D49 417109 Architect/License Number: 22. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 23. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in -19 - rev. 8125198 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this day of CONTRACTOR: LANDSCAPE WEST, INC. A LandCare USA Company By: ’ (sign here) Robert D. Jensen, Vice President (print name/tit1 ELf$gH. Barrv L. Konier. President/Secretary (print name/title) CITY OF/, CARLSBAD, h municipal ATTEST: aad.2. I3w ALETHA L. RAUTENKRANZ 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. 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: RONALD R. BALL City Attorney rev. 8125198 -20 - -. . C)lLlEfiRNrA ALLPlJRPfMSE ACKNOWLEDGMENT State of California County of Orange 1 ss. OnFebruary 16, 1999 ,beforeme, Mollv Van Wyer, Notarv Publfr 8 Date Name and Tit of Cfiicer (e.g.. ‘Jane he. klary Public’) personally appeared Robert D. 3&nsen * Name(s) of Sier(s) IXI personally known to me Cl proved to me on the basis of satisfactory evidence to be the perso- whose name@) is&e subscribed to the within instrument and -. acknowledged to me that hew executed the same in his/k!X&&& authorized capacitw and that by his&&@& signaturemon the instrument the perso&), or the entity upon behalf of which the person@ acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fom~ to another document. Description of Attached Document Title or Type of Document: City of Carlsbad Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual Cl Corporate Officer - Title(s): Cl Partner - Cl Limited q General 0 Attorney in Fact 0 Trustee Cl Guardian or Conservator q Other: Signer Is Representing: 8 1997 National Notary Association l 9350 De Soto Ave.. P.O. Box 2402 * Chatswnth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-900-976-6927 CALlFORNiA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange 1 ss. On February 16, lgg?beforeme, Molly Van Wagner, Notary Public Data Name~and Tila of Olficw (e.g.. -Jane Doe. Notary Public”) I personally appeared Barry L. Konier 5 Name(s) of Signer(s) @ personally known to me Cl proved to me on the basis of satisfactory evidence to be the perso@@ whose name= iw subscribed to the within instrument and acknowledged to me that he-executed the same in his- authorized capacity&& and that by his- signature&$ on the instrument the person@@ or the entity upon behalf of which the person&$ acted, executed the instrument. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Carlsbad Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: Cl Individual 0 Corporate Officer - Title(s): II Partner- Cl Limited Cl General Cl Attorney in Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Associatii -9350 De Soto Ave., p.0. Box 2402 l Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Cdl Tdl-Free l-800-876-6827 . S MEDIAN LANDSCAPE v’!zl PRoPoSED _ -- BENEFIT AREA - - MEDiAN LUCATIOtiS . . . . . . . EXHIBIT B . EXHIBIT A CITY OF CARLSBAD MEDIAN MAINTENANCE AREAS CARLSBAD BOULEVARD, acres) from Cannon Road north to city limit. ( I. 13 GRAND AVENUE, from Cartsbad Boulevard east to Roosevelt Street. (.07 acres) CARLSBAD VILLAGE DRIVE, from Carl&ad Boulevard east to Pio Pica Drive. (.23 acres) EL CAMINO REAL, Rd(4.84 acres) from Haymar Drive south to Ranch0 Santa Fe ALGA ROAD, from Mimosa Drive east to Melrose Avenue. (2.07 acres) MELROSE AVENUE, Road. (2.81 acres) from Palomar Airport Road south to Ranch0 Santa Fe CANNON ROAD, from l-5 east to Lego Dive (.72 acres) COLLEGE BOULEVARD, from Palomar Airport Road north/east to El Camino Real. (4.58 acres) PALOMAR AIRPORT ROAD, from l-5 east to Business Park Drive. (7.16 acres) AVENIDA ENCINAS, complex. (. 19 acres) from Poinsettia Lane south to end of shopping PASEO DEL NORTE, acres) from Cannon Road south to Car Country Drive. (.56 . POINSETTIA LANE, from l-5 east to Aviara Parkway. (1.33 acres) RANCH SANTA FE ROAD, Road. (I .42 acres) from La Costa Avenue west to Olivenhain TAMARACK AVENUE, from Jefferson Street west to rail road tracks. (.I7 acres) ROOSEVELT STREET, from Grand Avenue, south to Carlsbad Village Drive. (.Ol acres) ADISON STREET, :I acres) from Grand Avenue south to Carlsbad Village Drive. TOTAL ACRES 27.30 NOTE: 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. Revised December lo,1998 - City of Carlsbad March 2,1999 Landscape West, Inc. 950 North Tustin Avenue Anaheim, CA 92807 I At$REE~~&‘f FQ,R LAND?&APE ME,DlAN MAINTENANCE I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,067, and Resolution No. 99-70. These documents went before the City Council on February 16, 1999, when the Resolution was adopted, approving the agreement. Also enclosed is one a fully executed Agreement for the project referenced above. If you have any questions regarding your contract, please call Mr. Kevin Davis, Purchasing Department. Mr. Davis can be reached at (760) 434-2803. Kathleen D. Shoup Sr. Office Specialist . 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 43