HomeMy WebLinkAbout2005-02-03; City Council; 17483; Award of Agreement: Median Maintenance SVCSAB# 17,483
MTG. 2/3/04
DEPT. PW/GS
CITY ATTY.@
TITLE:
AWARD OF AGREEMENT
FOR MEDIAN MAINTENANCE SERVICES
RECOMMENDED ACTION:
Adopt Resolution No. 2004-032
of an agreement for median maintenance services to Westturf Landscape Maintenance.
accepting the bid proposal, and authorizing the execution
ITEM EXPLANATION:
The City of Carlsbad Public Works Major Service Area (MSA) is responsible for the
maintenance of street medians throughout the City. Maintenance responsibilities include the
care of plants and trees, irrigation systems, ground cover and weed abatement. The
contract of these services ensures the Median Maintenance Assessment Program is
performing regular and routine maintenance activities on City street medians.
In accordance with Section 3.28.050 of the Municipal Code, Notice to Bidders was published
and Request for Bid packages were mailed to 41 contractors. Bids were received from the
following three contractors (shown with the bid price for annual service):
TruGreen Landcare $134,171.00
Westturf Landscape Maintenance $1 39,372.00
Valleycrest Landscape $312,276.00
In accordance with the Municipal Code, a best value evaluation was completed. Each
contractor’s bid was evaluated against the following criteria:
0 Cost of service
0 Responsiveness to Specifications
0 Quality of references and previous performance
0 Ability to provide services and repairs
0 Consistency with current equipment and standards
0 Unspecified value added offerings
0 Implementation schedule and reports
TruGreen Landcare has previously performed landscape maintenance services for the City.
Even though TruGreen Landcare is the apparent low bid, due to omissions in its bid
proposal, along with previous performance below City standards, staff determined that
TruGreen Landcare’s proposal is not the best value for Carlsbad. Westurf Landscape
Maintenance was evaluated the highest due to its submitted cost for service, experience in
landscape maintenance, responsiveness to the specifications, good comments from other
agencies, and unspecified value added offerings (mapping the City’s irrigation system).
Based on the results of the best value evaluation by the Public Works - General Services
staff, the Public Works MSA recommends the City Council’s acceptance of the bid from, and
award of a contract to, Westurf Landscape Maintenance.
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PAGE 2 OF AGENDA BILL NO. 17: 483
FISCAL IMPACT:
The annual citywide median maintenance contract is for $1 37,000. In Fiscal-Year 2003-04
this contract will cost $57,083. Sufficient funds are available for service in the Landscape
Maintenance Assessment District’s operating budget for street medians. The remaining
balance ($79,917) of the contract is contingent upon Council’s approval of the Fiscal-Year
2004-05 Budget.
EXHIBITS:
1. Resolution No. 2004-032 accepting the bid proposal, and authorizing the execution of an agreement for median maintenance services to Westturf Landscape
Maintenance.
2. Agreement for Median Maintenance Services
DEPARTMENT CONTACT: Scott Carroll, (760) 434-2992, scarr@ci.carlsbad.ca.us
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EXHIBIT 1
RESOLUTION NO. 2004-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AWARDING AN
AGREEMENT FOR MEDIAN MAINTENANCE SERVICES
WHEREAS, the City of Carlsbad requires the services of a city-wide median
maintenance con tract or; and
WHEREAS, proper bidding procedures have resulted in the City’s receipt of a bid from a
qualified contractor, Westturf Landscape Maintenance, California State Contractors License
748697; and
WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section
3.28.050 has resulted in staffs recommendation that the City Council award a city-wide median
maintenance contract to Westturf Landscape Maintenance; and
WHEREAS, sufficient funds are available in the Landscape Maintenance Assessment
District to cover the cost of an annual median maintenance agreement.
NOW, THEREFOREl BE IT RESOLVEDl by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. The bid of Westurf Landscape Maintenance, 1012 South Coast Highway, Oceanside,
California 92056, is the best value.
3. The bid of Westurf Landscape Maintenance is hereby accepted.
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4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
an agreement with Westturf Landscape Maintenance, a copy of which is attached,
for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 3rd day of February , 2004, by the following vote, to wit:
AYES:council Members Lewis, Finnila,
NOES: None
ABSENT: None
ATTEST:
LORRAINE WOODPity Clerk I
(SEAL)
Page Two of Resolution No. 2004-032
-2- Y
AGREEMENT FOR MEDIAN MAINTENANCE SERVICES
(Westturf Landscape Maintenance)
THIS AGREEMENT is made and entered into as of the 5 * day of CQ~Y~L*> , 20&, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Westturf Landscape Maintenance, 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 landscaped street medians.
advice related to landscape maintenance services.
fashion.
ability to perform such work.
NOW, "EREFORE, 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 or parts thereof in an amount not to exceed one hundred thirty nine thousand three
hundred seventy two dollars ($139,372.00) per Agreement year. 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.
Median Agreement Westturf..doc 01/12/2004 1
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 thirty nine thousand three hundred seventy two dollars ($139,372.00). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement.
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 full 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. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully 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.
8. OTHER CONTRACTORS
The'City reserves the right to employ other Contractors in connection with the Services.
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9. 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
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.
10. 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-:V".
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 Liabilitv 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' ComDensation and EmDlover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $l,OOO,OOO 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.
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10.2. Additional Provisions. Contractor will ensure that the policies of insurance required
under this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
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
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. 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.
13. 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.
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14. 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.
15. 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 FredBurnell Name Sergio Graham
Title Public Works SuDervisor Title Westturf Landscape Maintenance
Department PW / General Services / Median Maint. Div
City of Carlsbad Vista. CA 92085
Address 1166 Carlsbad Village Drive Phone No. (760) 722-8464
Address P.O. BOX 1706
Carlsbad. California 92008
Phone No. (760) 434-2824
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.
16. 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.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully 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
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these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s
services with all applicable laws, ordinances and regulations.
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.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. 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 (10) business days. If the resolution thus obtained
is unsatisfactory to the aggneved 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.
20. TERMINATION
In the event of the Contractor’s failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying 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.
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21. 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.
22. 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 sea.,
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.
23. 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.
24. 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.
25.
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.
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26. 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.
CONTRACTOR
WestTurf Landscape Maintenan
CITY OF CARLSBAD, a municipal corporation
(si here)
(print nardtitle)
(sign here)
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(print namdtitle)
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 must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
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CALIFORNIA ALL-PURPOSE CERTJFICATE OF ACKNOWLEDGMENT
State of
Countyof a u-.3(u
CI Personally known to me Q&
&roved to me on the basis of satisfactory evidence
to be the perso@whose name@@ubscribed to the within instrument and acknowledged to
me that hwqelthey executed the same in authorized capacieand that by%
Weir signadn the instrument the entity upon behalf of which the pen
acted, executed the instrument.
OPTloNAL
The data below is not required by law, however it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
SIGN- Amom OF SIGNER: DESCRIPTION OF &TACHED DO CUM EN^
a PARTNER
0 hilTED
0 GENERAL
Q AXORNEY-IN-FACT
CI TRUSTEE(S)
CI GUARDLANICONSERVATOR DATE OF~OCUMENT
NAMED ABOVE: a OTHER:
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License Detail Page 1 of 2
Class
License Detail
Description
Contractor License # 748697
CALIFQRNIA CONTRACTORS STATE LICENSE BOARD
DISCLAIMER A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action
information .
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
Extract Date: 01/14/2004
* * * Business Information * * *
SERGIO GRAHAM INC DBA WESTTURF LANDSCAPE MAINTENANCE
P 0 BOX 1706
Business Phone Number: (760) 722-8464
Entity: Corporation
Issue Date: 04/30/1998 Reissue Date: 05/02/2002 Expire Date: 05/31/2004
* * * License Status * * *
VISTA, CA 92085-1 706
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 138623 in the
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/14/2004 1 +
License Detail
I Date I 1-1
Page 2 of 2
Description
LICENSE REISSUED TO ANOTHER ENTITY
amount of $10,000 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004
Contractor's Bonding Historv
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) SERGIO GUERRA GRAHAM certified that he/she owns 10 percent or more of the
voting stocklequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 05/02/2002
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
Policy Number: 3800001 01 5041 Effective Date: 01/01/2004 Expire Date: 01/01/2005
EVEREST NATIONAL INSURANCE COMPANY (31 38-5)
Workers Compensation History
* * * Miscellaneous Information * * *
Personnel List
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail .asp 01/14/2004 \G
~~
EXHIBIT A
MANNER OF PERFORMING SERVICES
PART I
GENERAL SPECIFICATIONS
1.00 GENERAL RE0UIREMENI"T
1.01
1.02
1.03
1.04
1.05
1.06
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 the 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; shaping, trimming and training of
trees, shrubs and ground cover plants; fertilization; cultivation; weed control; control
of all plant diseases and pests; sweeping; irrigation and drainage systems; litter pick
up; removal of illegal dumps; plant replacement and all other maintenance required to
maintain attractive medians.
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 may, within ten days of issuance of NOTICE TO PROCEED,
provide a letter of protest for consideration by the CONTRACT ADMINISTRATOR
detailing any substantial changes in conditions or substantial changes in maintenance
deficiencies that occurred between the close of the BID PERIOD and the NOTICE
TO PROCEED, and requesting compensation for correction of said deficiencies or
due to said changes.
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.
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1.07
1.08
1.09
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 at said medians
with decals on the exterior right and left front door panels identifying the
CONTRACTOR'S name, address and phone number.
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 MEDIANS TO BE MAINTAINED
2.01 The medians to be maintained under the provisions of this CONTRACT are located at
the following areas:
CARLSBAD BOULEVARD
acres) ALW included is right-of-way east side, northern most median.
CHESTNUT AVE RIGHT-OF-WAY
Cameo Road east to El Camino Real. (.094 acres)
GRANDAVENUE
acres)
CARLSBAD VILLAGE DRIVE
and from Tamarck Ave. east to College Blvd. (.52 acres)
EL CAMINO REAL
(5.05 acres)
from Cannon Road north to city limit (1.13
south side right-of-way of Chestnut from
from Carlsbad Boulevard east to Roosevelt Street. (.07
from Carlsbad Boulevard east to Pi0 Pic0 Drive,
from Haymar Drive south to Rancho Santa Fe Road.
from Hwy 78 to Chestnut avenue
Chestnut Avenue south to Palomar Airport Road
Palomar Airport Road south to Rancho Santa Fe Rd
from Mimosa east to Melrose. (2.07 acres)
from La Costa Avenue west to El Camino Real. (1.42
Northern
Central
Southern
A.LGA ROAD
RANCHO SANTA FE
acres)
PALOMAR AIRPORT ROAD
hardscape around over pass) (7.16 acres)
from 1-5 east Business Park Road (include any
10
PASEO DEL NORTE
acres)
from Palomar Airport Road north to Cannon Road. (.56
CANNON ROAD from 1-5 east to El Camino Real (3.3 acres)
POINSETTIA LANE
(include any hardscape around overpass) (2.26 acres)
from Carlsbad Blvd east to Aviara ParkwayMelrose
COLLEGE BOULEVARD from Palomar Airport Rd north east to El Camino Real.
from Carlsbad Village Dr. to city limits (5.88 acres)
AVENIDA ENCINAS
acres
from Poinsettia south to end of shopping complex. (.19
MELROSE DRIVE
Road. (2.81 acres)
from Ranch Santa Fe Road north to Palomar Airport
TAMARACK AVENUE
acres) ALSO included northern right-of-way along apartment complex.
from Jefferson Street west to Railroad tracks. (.17
ROOSEVELT STREET,
(.Ol acres)
from Grand Avenue, south to Carlsbad Village Drive.
MADISON STREET,
(.01 acres)
from Grand Avenue south to Carlsbad Village Drive.
LA COSTA AVENUE
of-way crib wall. (3.41acres)
from El Camino Real west to 1-5, which includes right-
FARADAY AVENUE from Cannon Road east to Camino Hills. (1.12 acres)
AVIARA PARKWAY
acres)
from Palomar Airport Road south to Poinsettia. (1.53
ALTISMA from Alicante to Caringa way. (SO acres)
ARENAL ROAD
way (.01 acres)
from El Camino Real west to Colunbine Drive right-of-
TOTAL ACRES - 39.28
11
2.02 CONTRACTOR acknowledges personal inspection of the medians 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
3.03
3.04
3.05
3.06
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.
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.
Unless otherwise provided, invoices for Materials for approved Extra Work may
include a mark up of 15%, to cover CONTRACTOR’S overhead, handling, and the
like, related to the provision of said materials. Such invoices shall be presented along
with copies of suppliers’ invoices.
Rental Equipment for Extra Work shall be invoiced at CONTRACTOR’S cost. Such
invoices shall be presented along with copies of suppliers’ invoices.
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.
The CONTRACT ADMINISTRATOR may, at his discretion, add new medians to be
maintained and/or require additional services. The CONTRACTOR shall be
compensated for the additional medians or services that are designated after the date
of the commencement of this CONTRACT based on the submission of an approved
12
3.07
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 medians 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 LIOUIDATED DAMAGES
4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of
this CONTRACT on behalf of CITY.
4.02 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 median as described in Section 2.01.
4.03 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, andor 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.
4.04 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 median 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.
13
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
5.02
5.03
5.04
CITY reserves the right to perform inspections, including inspection of
CONTRACTOR'S equipment, at any time for the purpose of verifying
CONTRACTOR'S performance of CONTRACT requirements and identifying
deficiencies.
The CONTRACTOR or his authorized representative shall meet with the
CONTRACT ADMINISTRATOR or his representative on each site at the hscretion
and convenience of the CONTRACT ADMINISTRATOR, for walk-through
inspections. All routine maintenance functions shall be completed prior to this
meeting.
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.
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
infomation relative to the maintenance, operation, and safety of the medians.
6.00 EXTRA WORK
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 CONTRACTOR'S Routine
Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for
performing said work.
6.03 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,
14
and a schedule for completion. No work shall commence without written approval of
the CONTRACTOR'S bid by the CONTRACT ADMINISTRATOR
6.04 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
6.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent,
the CONTRACT ADMINISTRATOR may verbally authorize the work to be
performed upon receiving a verbal estimate from 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.
6.06 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 medians by the CONTRACTORS 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 medians 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 from 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.
15
8.00 COMMUNICATIONS AND EMERGENCY RESPONSE
8.01
8.02
8.03
8.04
8.05
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.
Whenever immediate action is required to prevent possible injury, death, or property
damage, CITY may, after reasonable attempt to notify 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 from any amount due to the CONTRACTOR.
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.
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.
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
16
9.02
9.03
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 medians and keep a log indicating date
inspected and action taken.
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.
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.
11.02 CONTRACTOR shall provide staffing to perform 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.
17
11.03 The use of power tools is prohibited daily prior to 7:OO a.m. and all day on Sundays
and Holidays.
12.00 MAINTENANCE SCHEDULES
12.01
12.02
The CONTRACTOR shall, within thirty (30) days after the effective date 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
13.02
13.03
13.04
13.05
The CONTRACTOR shall provide sufficient personnel to perform all work in
accordance with the specification set forth herein.
CONTRACTOR'S personnel shall possess the minimum qualifications for the
position in which each is working, as set forth in Exhibit B.
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
the CONTRACTOR for employees in a given position, should be noted in the
Attachment 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
median 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
18
13.06
13.07
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 CONTRACTOR’S employees
will riot 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
14.02
14.03
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.
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.
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 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.
19
15.02 Chemical applications shall strictly conform to all governing regulations.
CONTRACTOR'S staff applying chemicals shall possess all required licenses and
certifications.
15.03 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.
15.04 All chemicals requiring a special permit for use must be registered with the County
Agricultural Commissioner's Office and a permit obtained.
15.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the
CONTRACT ADMINISTRATOR for all products and chemicals used within the
City.
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 andor 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 washed following each mowing operation
and prior to being transported to any other site.
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
16.05 Mowing operations shall be scheduled Monday through Friday.
16.06 Walkways shall be cleaned immediately following each mowing.
20
37
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 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall
be eliminated.
17.02 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.
17.03 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.
17.04 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.
17.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass
invasion.
17.06 Walkways shall be cleaned immediately following each mechanical edging.
17.07 Frequency of mechanical edging of turf shall be the one (1) time per week.
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 WATERING AND IRRIGATION
20.01 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.
20.02 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 fully equipped and capable of performing proper
programming and operation of the irrigation systems.
20.03 Irrigation systems which have Calsense controllers will be programmed by ClTY.
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 notify the CONTRACT
ADMINISTRATOR immediately of any deficiencies in irrigation at these sites.
20.04 Irrigation systems not equipped with Calsense controllers may be programmed by
CONTRACTOR, at the direction of the CONTRACT ADMINISTRATOR.
20.05 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.
20.07
20.08
20.09
20.10
20.11
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.
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.
The CONTRACTOR shall be responsible for replacing all plant materials that die or
are permanently damaged due to excessive or insufficient watering.
21.01 CITY shall provide, or reimburse the CONTRACTOR for irrigation parts, heads, and
other irrigation system equipment replacements that exceeds $100 per month.
21.02 CONTRACTOR shall provide labor and equipment (CITY shall urovide 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
exceut the following
A. mainlines
B. valves (control valves, ball valves and the like, not including; auick-couplers)
C. pumps
D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the
like)
E. backflow devices
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.
21.03 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.
21.04 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
23
30
damage to turf or landscaping, or if the repair is otherwise deemed urgent by the
CONTRACT ADMINISTRATOR.
21.05 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.
21.06 CONTRACTOR’S Irrigation Technician shall be fully trained in all phases of
landscape irrigation systems, thoroughly familiar with the particular equipment in use;
and fully equipped and capable of identifying 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
appropriately trained and under the direct supervision of a qualified Irrigation
Technician.
21.07 CONTRACTOR’S Irrigation Technician shall be equipped with Calsense Radio
Remote hand-held remote valve actuator.
21.08 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.
21.09 CONTRACTOR shall sequence controller(s) to each station to check the function of
all facets of the irrigation system.
21.10 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 malfunctioning or missing
anti-drain devices including in-head check devices.
21.1 1
21.12
21.13
21.14
21.15
21.16
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
In addition to regular testing, all irrigation systems shall be tested and inspected as
necessary when damage is suspected, observed or reported.
CITY shall be responsible for performing the annual certification of backflow
devices.
All valve boxes shall be identified with heat-branded markings as directed by the
CONTRACT ADMINISTRATOR.
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.
Frequencies of irrigation testing shall be one (1) time per month, or more
frequently if problems or conditions indicate a need.
22.00 FERTILIZATION
22.0 1
22.02
22.03
22.04
22.05
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.
25
33
22.06 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.
23.00 WEED CONTROL
23 .O 1
23.02
23.03
23.04
23.04
23.05
23.06
23.07
23.08
All areas shall receive diligent control of weeds by employing all industry-recognized,
legal methods, as approved by the CONTRACT ADMINISTRATOR.
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.
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.
Pre-emergent herbicide applications shall be made annually and as required for
optimum control of target weeds.
24.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
24.01 CONTRACTOR is responsible for tree work within fifteen feet of the ground.
26 33
24.02 Trimming and pruning of trees and shrubs for vehicular and pedestrian clearance,
visibility, access, plant health and appearance shall be done as needed.
24.03 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.
24.04 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.
24.05 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.
24.06 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.
24.07 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.
24.08 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 con&tions; shall be tied using materials and
methods as approved by CONTRACT ADMINISTRATOR.
24.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed
along with the stakes when no longer required.
24.10 Periodic staking and tying shall be done as needed.
24.1 1 All structural weaknesses such as split crotch or limbs, diseased or decayed limbs, or
severe damage shall be reported to the CONTRACT ADMINISTRATOR.
24.12 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.
27
24.13
24.14
24.15
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.
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.
25.00 MULCHING
25.01 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.
25.02 All areas to receive mulch shall be free of weeds prior to mulching.
25.03 Mulch shall be maintained free of litter and foreign matter.
25.04 Mulch shall be replenished as needed as Extra Work.
25.05 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.
25.06 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.
28
35
26.01
26.02
26.03
26.04
26.05
26.06
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.
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.
27.00 PLANT MATERIALS
27.01
27.02
27.03
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.
A. Plants shall be sound, healthy, vigorous, free 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, andor typical for variety and species.
C. Trees shall not have been topped.
29
3b
D. Roots shall not have been allowed to circle or become bound at any stage of growth.
E. All plant materials must be provided from a licensed nursery and shall be subject to
acceptance as to quality by the CONTRACT ADMINISTRATOR.
27.04 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.
27.05 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.
28.00 LITTER, LEAF, and DEBRIS CONTROL
28.01 Remove all litter, paper, glass, trash, undesirable materials, silt an other accumulated
debris from all areas to be maintained.
28.02 Complete policing, litter pick up and supplemental hand sweeping of median edges,
corners and other areas inaccessible to power equipment shall be accomplished to
ensure a neat appearance.
28.03 Accumulation of leaves and debris shall be removed, from all landscaped areas except
as specifically directed by the CONTRACT ADMINISTRATOR.
28.04 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.
28.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after
storms shall be the CONTRACTORS responsibility.
28.06 Remove litter shall occur on a daily basis.
30
37
28.07
28.08
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.
29.00 MAINTENANCE FREQUENCIES
The following maintenance frequencies shall apply to the following tasks:
daily
weekly
bi weekly
monthly 4
bi rnonthl-
quarterly
annual
as needed 8
31
30.00 SPECIFIED VALUE-ADDED OFFERINGS
30.01 CONTRACTOR will perform the following additional services as added value
offering to the specifications and/or scope of work mentioned above. The additional
services below will be performed at no additional cost to the City.
a.
b.
C.
d.
e.
f.
g.
h.
One time irrigation tune-up
Inspect valves, cylonoid and electrical wires, as well as sprinkler heads
Pressure regulate
Nozzle verification
Irrigation system flushing, if needed
Irrigation system mapping, which will include color coding each zone, valve
location, backflow and shutoff devices
Natural pruning techniques for trees and shrubs
Natural insect control (chemical control in severe cases)
32
34
EXHIBIT B
B. MINIMUM QUALIFICATIONS
Contractor C-27 Landscape
CLCA Member
ALCA Member
Certified Irrigation Auditor
CONTRACTOR’S WORK FORCE
C. TOTAL
ANNUAL
HOURS
120 Hours
The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT:
A. Each labor or supervisory position by title that will make up the CONTRACTOR’S
work force needed to provide the described services.
B. A sufficiently detailed explanation of the minimum qualifications for a person working
in each position title, including any required certifications.
C. The minimum annual man-hours for each position title that the CONTRACTOR
proposes to commit to the performance of the described services.
D. A list and description of the qualifications of other pertinent 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
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, or relieve 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.
A. POSITION TITLE
1.
F’residentDivision Manager
2.
David Hill, Area Manager Certified Landscape Technician
Certified Recycled Water Site Supervisor
Qualified Applicators Certificate
120 Hours
3.
Raul Feria, Supervisor/
Irrigation Tech.
Certified Landscape Technician
Certified Recycled Water Site Supervisor
Certified Irrigation Tech.
1460 Hours
33
EXHIBIT B Page 2
A. POSITION TITLE B. MINIMUM QUALIFICATIONS
4.
Luis Luna, Gardener 3 Lead Man Certified Landscape Technician
5.
Pedro Rendon, Gardener 2 Certified Landscape Technician
6.
Certified Landscape Technician
Luis Ramires, Gardener 2
CONTRACTOR’S WORK FORCE
(Continued)
C. TOTAL
ANNUAL
HOURS
1460 Hours
1460 Hours
1460 Hours
8.
9.
10.
34
EXHBITB Page3
CONTRACTOR’S WORK FORCE
(Continued)
D. Other Staff Support I Title
sky Graham I l.
3.
Gary Atkins
4.
Sergio Graham
5.
DescriDtion / Oualifications
Office Manager / Customer Care
Bookkeeper / Coordinator
Pest Control Advisor
President / Contractor
E. Description of CONTRACTOR’S employee training program
Weekly landscape maintenance training
Blower, mower, line trimmer, hedge trimmer, edger, chainsaw, pole saw, tuck,. . . . . .
Weekly tail gate Safety meetings
Equipment use, Public safety, cone and sign placing, first aid training,. . . . . ...
Monthly walk through of projects
35
*--- - - Exhibit B
Additional Information
P
September 26,2003
Scoll Carroll
City of Carlsbad Public Works
405 Oak Avcnuc
Cdsbd, CA 92008-3009
RE: Median Maintenance Contract - Bid No. 04-01
Dear Scott Carroll;
This letter is to certify that WestturfLandscape Maintenance has scheduled a four man
crew with two trucks. The first crew will have one truck and equipment needed for the three gardening techs. The second crew will have one truck and equipment needed for daily trash pick up with one tech for the City of Carlsbad Medram Maintenance Contract Bid No. 04-01.
If you havc any questions, please don’t hesitate to contact me at 722-8464. Thank you for
your cooperation regarding this matter. ’ 1
Sincerely, /--
Y Setgio Graham
President
i0 33w
9-22-03;10:34AM;Clty of Cerlsbad FOCI I Irles/srreets;i 760 602 8556
Exhibit B
Additional Information
-3
It I/ 1
Sapkrnber 19,2003
City of Carlsbad
C/O Kevin Davis
405 O& Am.
Carlsbad, CA 92008-3009-
RE: Certified Arborist Bid N0.0401
Dear Mr. Davis:
Thank you for Letting Westturf Landscape Msinhnancc bid on the Medim Mainunance
service - Bid No. 04-01. Here is the fnfomation you requested m mgards to having a
Certified Arborist on stafi. Wcstnnfwill be sub-com~ng a Certified Arborist through
Codez Tree Service. If you desire more infometion regarding this Bid No. 04-01 please
call OUT office Q (760) 722-8464 Or fax US @ (760) 722-2918.
Sincerely,
c
EXHIBIT C
GUARANTEE
P'' BidNo. 04-01
To the City of Carlsbad,
If'
The undersigned guarantees the construction and installation of the work performed as Extra
Work included in this project:
Should any of the materials or equipment prove defective or should the work as a whole prove
defective, due to faulty workmanship, material furnished or methods of installation, or should the work
or any part thereof fail to operate properly as originally intended and in accordance with the
Specifications, due to any of the above causes, all within twelve (12) months after date on which said
work of this CONTRACT is accepted by the CITY, or the CONTRACT termination, whichever is the
later, the undersigned agrees to reimburse the CITY upon demand, for its expenses incurred in restoring
said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such
replacement or repairs, or upon demand by the ClTY, to replace any such material and to repair said
work completely without cost to the CITY so that said work will function successfully as originally
contemplated.
The CITY shall have the unqualified option to make any needed placements or repairs itself or
to have such replacements or repairs done by the undersigned. In the event the CITY elects to have said
work performed by the undersigned, the undersigned agrees that the repairs shall be made and such
materials as are necessary shall be furnished and installed within a reasonable time after the receipt of
demand from the CITY. If the undersigned shall fail or refuse to comply with his obligations under this
guaranty, the CITY shall be entitled to ail cost and expenses, including attorneys' fees, reasonably
incurred by reason of the said failure or refusal.
1 I .*
WESTTURF LANDSCAPE MAINTENANCE
CONTRACTOR'S Name
P. 0. Box 1706 - Vista, CA 92085
Address
Sergio Graham - President
tle of Signer (Please Type or Print)
August 25, 2003
Signature 1 Date
38 45
Appendix A
Rating Totals
Deduction Percent
CITY OF CARLSBAD
GROUNDS AND LANDSCAPE MAINTENANCE SERVICES
MEDIANS
BID NO. 04-01
100 89 92
INSPECTION RATING FORM
SITE: CARLSBAD BLVD INSPECTOR: Fred Burnell 5/30/03
Possible Previous Rating This I
Category Description Points Period Period
I
Irrigation Maintenance
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
39
4b
CITY OF CARLSBAD
Rating Totals
Deduction Percent
GROUNDS
100 96 96
0
AND LANDSCAPE MAINTENANCE SERVICES
MEDIANS
BID NO. 04-01
INSPECTION RATING FORM
SITE: GENERAL DUTIES INSPECTOR: Fred Burnell 5/30/03
Deduction Percent
Adjusted Payment Formula
Monthly Payment
Deduction Amount
Adjusted Monthly Payment
0
0.00
$1,181.04
$1,181.04
$0.00
40
41
I
41
4s
..
2
Y
a
0 z
0
3 z z a
42 44
T
0
X p
8 2