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HomeMy WebLinkAbout2005-10-18; City Council; 18309; Athletic Field and Landscape Maintenance Services4B# 18,309 JITG. 1 Of 18/05 IEPT. PWfGS DEPT. HD. CITY ATT CITY MGR. & TITLE: ACCEPTING THE BID AND AWARD OF AGREEMENT FOR ATHLETIC FIELD AND LANDSCAPE MAINTENANCE SERVICES RECOMMENDED ACTION: Adopt Resolution No. 2005-306 accepting the bid and awarding the agreement to Nissho of California, Inc., for Athletic Field and Landscape Maintenance Services, Bid No. 06-01, for a two-year period for an amount not-to-exceed $349,120. ITEM EXPLANATION: In September 2004, as a result of a Public Works Service Plan item, the General Services Division initiated a pilot program to assess the feasibility transferring landscape and athletic field maintenance at selected public school sites, from city staff to contract maintenance. Three school sites were included in the original pilot program, Buena Vista Elementary, La Costa Meadows Elementary, and Valley Junior High. An agreement was bid, and the contract for maintenance services was awarded. Staff monitored the performance of the maintenance by contract forces and reports that the work was performed acceptably, and in accordance with current specifications and service levels. Based on these results, staff received direction to expand the pilot program to include four additional school sites: Aviara Oaks Elementary, Jefferson Elementary, Magnolia Elementary and La Costa Heights Elementary. Transfer of the school site maintenance to contract forces will allow staff assets to be reassigned to new and existing park sites to achieve appropriate service levels throughout. On July 26, 2005, the City Clerk posted a Notice Inviting Bids for this project. Three bids were received, opened, witnessed, and recorded on August 25, 2005. This agreement includes maintenance of athletic fields and associated landscaping at seven schools in three separate school districts in the City of Carlsbad. There is no Engineer’s Estimate for this agreement. The bids were based on cost per agreement year and were received are as follows: Nissho of California Trugreen Aztec $174,560 $1 83,344 $1 89,308 The bids were reviewed and evaluated based on Best Value in accordance with the Carlsbad Municipal Code. Staff utilized predetermined criteria to rate the prospective bids and has concluded that Nissho of California, Inc., is the Best Value Vendor. Staff recommends that the City Council award the agreement to Nissho of California for a two-year period. This project will address the Council Goal as described below. “Ensure the effective and efficient delivery of top-quality services to our community.” ENVIRONMENTAL REVIEW: This maintenance agreement is not a project as defined in Section 15378 of the CEQA Guidelines. I Page 2 of Agenda Bill No. 18.309 FISCAL IMPACT: Public Works has conducted a cost-benefit analysis of transferring school athletic field maintenance from staff to contract maintenance. This analysis has indicated that the City will realize a cost savings through this transfer. The Parks Department will address the workload reduction realized by this shift in maintenance responsibilities by reducing staffing levels by a Full Time Equivalent in a future Agenda Bill submission. The total agreement cost is $349,120 for two years of athletic field and landscape maintenance services. Sufficient funds are available in the Parks Maintenance Budget. EXHIBITS: 1. Resolution No. 2005-306 accepting the bid and awarding the agreement to Nissho of California, Inc., for Athletic Field and Landscape Maintenance Services, Bid No. 06-01, for a two-year period, for an amount not-to-exceed $349,120. 2. Contract documents for Athletic Field and Landscape Maintenance Services with Nissho of California, Inc. DEPARTMENT CONTACT: Dale A. Schuck, (760) 434-2949, dschu@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING AN AGREEMENT FOR ATHLETIC FIELD AND LANDSCAPE MAINTENANCE SERVICES WITH NISSHO OF CALIFORNIA, INC., BID NO. 06-01. WHEREAS, the City Clerk advertised for bids to perform Athletic Field and Landscape Maintenance Services, hereinafter referred to as the "Agreement"; and WHEREAS, bids have been received by the City of Carlsbad, California for the 4greement; and WHEREAS, the bids were opened, witnessed and recorded on July 26,2005; and WHEREAS, the bids were evaluated for best value; and WHEREAS, the bidder determined to have the best value was Nissho of California, Inc; and WHEREAS, adequate funds currently exist in the Parks Maintenance Budget to cover this zxpense. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. 2. That the above recitations are true and correct. That the best value bid submitted by Nissho of California, Inc., for Athletic Field and -andscape Maintenance Services, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement for Athletic Field and Landscape Maintenance Services with Nissho of California, nc., in an amount not-to-exceed $1 74,560 per agreement year. Ill Yl Ill 71 Ill Ill Ill 71 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the award of this agreement is contingent upon Nissho of California, Inc., 2xecuting the required agreement within twenty (20) days of adoption of this resolution. The City Wanager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 18th day of October , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard and Sigafoose 2LAUDE A. LE 4TTEST -0RRAINE M. (SEAL) 4 ATHLETIC FIELD & LANDSCAPE MAINTENANCE SERVICE BID NO. 06-01 JULY 2005 CITY OF CARLSBAD Public Works MSA / General Services Department Parks Maintenance Division 1166 Carlsbad Village Drive CARLSBAD, CA 92008 5 ATHLETIC FIELD 4% LANDSCAPE MAINTENANCE SERVICE EXHIBIT A MANNER OF PERFORMING SERVICES ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES PART I GENERAL SPECIFICATIONS 1 .OO GENERAL REQUIREMENTS 2.00 FACILITIES TO BE MAINTAINED 3.00 PAYMENT AND INVOICES 4.00 5.00 INSPECTIONS, MEETINGS, & REPORTS 6.00 EXTRAWORK 7.00 CONTRACTOR'S DAMAGES 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 9.00 SAFETY 10.00 TRAFFIC CONTROL 1 1 .OO 12.00 MAINTENANCE SCHEDULES 13.00 CONTRACTOR'S STAFF AND TRAINING 15.00 USE OF CHEMICALS ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES HOURS AND DAYS OF MAINTENANCE SERVICES 14.00 NON-INTERFERENCE -NOISE TECHNICAL SPECIFICATIONS 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23 .OO 24.00 25.00 26.00 27.00 28.00 29.00 30.00 31.00 MOWING AERIFICATION RENOVATION TURF RESEEDING / RESTORATION WATERING AND IRRIGATION IRRIGATION MAINTENANCE, REPAIR and TESTING FERTILIZATION WEED CONTROL TREE, SHRUB AND GROUNDCOVER MAINTENANCE MULCHING DISEASE and PEST CONTROL PLANT MATERIALS LITTER, LEAF, and DEBRIS CONTROL TRASH RECEPTACLES TRASH and GREEN WASTE DISPOSAL TURF AND GROUND-COVER EDGING 1 2 14 14 14 14 14 14 15 16 17 18 19 20 20 21 22 22 22 23 24 24 26 26 26 27 27 28 28 29 31 32 33 34 35 35 36 37 37 City Attorney Approved Version #04.01.02 3 1.01 collection and disposed of by the CONTRACTOR at legal waste collection site. The cost to dispose of said trash, green waste and accumulated debris will be at the CONTRACTOR’S own expense. 38 32.00 SWEEPING 38 33.00 DRINKING FOUNTAIN MAINTENANCE 38 All trash, green waste and accumulated debris hall be removed from the site, immediately upon 34.00 MAINTENANCE FREQUENCIES 39 City Attorney Approved Version #04.01.02 7 AGREEMENT FOR ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES (Nissho of California, Inc.) THIS GREEMENT is made and entered into as of the 27- day of &, 20cby and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Nissho of California, Inc., a 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 services and advice related Selection of Contractor is expected to achieve the desired results in an expedited Contractor has submitted a proposal to City and has affirmed its willingness and is experienced in maintaining grounds, landscape and athletic field maintenance services. to landscape maintenance services. fashion. ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two-years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed One Hundred Seventy-four Thousand Five Hundred and Sixty dollars ($174.560.00) 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. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE City Attorney Approved Version #04.01.02 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Three Hundred Fortv-nine Thousand One Hundred and Twenty dollars ($349,120.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A" The Contractor shall submit invoices to the Public Works Superintendent, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems andor equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual Compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 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 City Attorney Approved Version #04.01.02 under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. CONTRACTOR’S WORKFORCE The Contractor proposes to perform the described services utilizing a fully competent and adequate workforce as indicated in Exhibit B, which is attached hereto and incorporated herein as though fully set forth at length. 8. SUBCONTRACTING 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. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit C, which is attached hereto and incorporated herein as though fully set forth at length. 9. CONTRACTOR’S EQUIPMENT The Contractor proposes to utilize quality equipment of types and quantities necessary to perform the described work in an efficient and effective manner. Major items of said equipment are indicated in Exhibit D, which is attached hereto and incorporated herein as though fully set forth at length. The Contractor shall maintain all equipment in a clean, safe and fully operational condition. The Contractor shall replace all unserviceable or unsafe equipment in a timely manner so that the described work is not delayed or otherwise negatively effected. 10. The Contractor proposes to perform the described work by utilizing all the necessary materials and supplies including, but not limited to, items indicated in Exhibit E, which is attached hereto and incorporated herein as though fully set forth at length. CONTRACTOR’S ESTIMATE OF MATERIALS & SUPPLIES All materials and supplies shall be of sufficient quality, and to be in all respects serviceable, to the satisfaction of the Contract Administrator. All materials and supplies shall be delivered in their original labeled containers, and shall be made available to the Contract Administrator for inspection and approval prior to use. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #04.01.02 12. PREVAILING WAGES In accordance with the provisions of Article 2, Chapter 1, Part 7, Division 2 of the Labor Code, the Contractor shall ascertain the prevailing rate of per diem wages in the locality wherein the work is to be performed to be paid each crafi or type of worker or mechanic needed to properly perform and complete the contemplated work. The Prevailing Wage Rate Determination in effect may be obtained from the State Department of Industrial Relations, Division of Labor Standards Enforcement, 8765 Are Dr., San Diego, CA. The Contractor shall comply with provisions of Section 1775.5 of the Labor Code concerning wages to be paid apprentices. The Contractor shall certified payrolls, which shall be submitted within ten calendar days following submittal of invoice for payment to Contract Administrator upon request. The Contractor shall provide the required information in a form acceptable to the Contract Administrator. 13. INDEMNIFICATION Contractor agrees to indemnifl 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. 14. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than ''A-: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. City Attorney Approved Version #04.01.02 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2. under this Agreement contain, or are endorsed to contain, the following provisions: Additional Provisions. Contractor will ensure that the policies of insurance required 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 claims-made coverage. Contractor will obtain occurrence coverage, which will be written as 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 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 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 15. 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. City Attorney Approved Version #04.01.02 12 16. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 18. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 19. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Jerry Rodriguez Name Tom Baird Title Public Works Supervisor Title V.P of Maintenance Department Parks, City of Carlsbad Address 1 166 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. (760) 434-2857 Address 1902 So. Santa Fe Vista, CA 92083 Phone No. (760) 727-97 19 Each party will noti@ the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 20. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete City Attorney Approved Version #04.01.02 and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 21. GENERAL COMPLIANCE WITH LAWS Contractor will keep 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 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, verifling the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 22. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 23. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 14 24. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by 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. 25. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 26. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #04.01.02 27. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 28. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 16 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California *By:. By: (sign here). Mayor &o -‘Tc4 %m 3*l u,? u2 i 55 &Lo. ATTEST: (print name/title) + -3y: me) NdBL) \ .i447D . cED/CFO. If required by City, proper notarial acknowledgment of execution by contractor must attached. If a Corporation, Agreement must be signed by one corporate officer from each the following two groups. be of surer 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 City Attorney Approved Version #04.01.02 17 EXHIBIT A MANNER OF PERFORMING SERVICES ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES PART I GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 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 at its expense all labor, materials, equipment, tools, services and special skills necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein. CONTRACTOR is hereby required to render and provide landscape and grounds maintenance services including, but not limited to; mowing,. shaping, trimming and training of shrubs and ground cover plants; fertilization; cultivation; weed control; control of all plant diseases and pests; sweeping; maintenance and repair of irrigation and drainage systems; including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to maintain the areas included in this CONTRACT in a safe, attractive and usable condition and maintain the plant material in good condition with horticulturally acceptable growth and color. Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this CONTRACT may result in deductions from payment. CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies, to the satisfaction of the CONTRACT ADMINISTRATOR, within four (4) hours of notification. The CONTRACTOR shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the CONTRACT ADMINISTRATOR. 1.07 CONTRACTOR shall clearly identifl and equip each vehicle used in the described work with decals on the exterior right and left front door panels identifying the CONTRACTORS name, address and phone number. 1.08 CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; missing or damaged equipment or signs; hazards or potential hazards. 2.00 FACILITIES TO BE WNTAINED 2.01 The landscaped areas to be maintained under the provisions of this CONTRACT are located at the following areas: Schools School Address School District Aviara Oaks Elementary 6900 Ambrosia Ln. Carlsbad Unified Includes athletic fields only Buena Vista Elementary 1330 Buena Vista Way Carlsbad Unified 0 Includes athletic field and landscaped strip between the fence and sidewalk next to Pio Pic0 and Las Flores Drive Jefferson Elementary 3743 Jefferson St. Carlsbad Unified Includes athletic field and landscaped areas immediately adjacent to athletic field 0 Magnolia Elementary 1905 Magnolia Ave. Carlsbad Unified Includes athletic field and parkway strip outside fence adjacent to Valley St. Valley Middle School 1645 Magnolia Ave. Carlsbad Unified Includes upper athletic field and landscaped slope east of the upper athletic field La Costa Meadows Elementary 6889 El Fuerte St. San Marcos Unified Includes athletic fields, turf areas attached to the athletic field and landscaped slopes adjacent to the field (outside the fence) La Costa Heights Elementary 3035 Levante St. Encinitas Unified Includes athletic field landscaped areas between the athletic field and Levante Street - located east of the main parking lot, and all landscaped areas and slopes located within the fence line surrounding the athletic field 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 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. 3.02 Invoice: Monthly invoices shall be prepared and submitted in the following format: Location Account Number Monthlv Cost AVIARA OAKS ELEMENTARY 001 5020-7230 $(AMOUNT) BUENA VISTA ELEMENTARY $(AMOUNT) JEFFERSON ELEMENTARY $(AMOUNT) MAGNOLIA ELEMENTARY $(AMOUNT) VALLEY MIDDLE SCHOOL $(AMOUNT) LA COSTA MEADOWS ELEMENTARY $(AMOUNT) LA COSTA HEIGHTS ELEMENTARY $(AMOUNT) EXTRA WORK (When Approved) $(AMOUNT) TOTAL MONTHLY COST $(AMOUNT) 3.03 3.04 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. Adjustments in payment for changes will be determined by CONTRACTOR proposal and agreement between the CONTRACT ADMINISTRATOR and CONTRACTOR. If unable to reach agreement, CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing himher to use the following percentages as added costs for the markup of all overhead and profits: a. Labor .................................. 20 b. Materials ............................... 15 W c. Equipment Rental . .. .. . .. . . . . . .... .. 15 3.05 3.06 3.07 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract.” 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 facilities to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on the submission of an approved maintenance bid, consistent in all respects with this CONTRACT, and shall contain all information as required in the REQUEST FOR BIDS. The bid cost shall not exceed the cost to provide maintenance for similar facilities being maintained under this CONTRACT. Additional compensation may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT. DEDUCTIONS AND 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 facility 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 site as described in Section 2.01. CONTRACTOR shall be liable to CITY for liquidated damages in said amount. Said amount shall be deducted from CITY'S payment to CONTRACTOR; and/or having given five (5) working days notice to the CONTRACTOR to correct the deficiencies, if after said 5 days the CONTRACTOR fails to complete the required corrections, CITY may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by alternate forces will be deducted and forfeited from the payment to the CONTRACTOR. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 5.02 5.03 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 discretion 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 andor training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR‘S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the sites. 6.00 EXTRAWORK 6.01 6.02 6.03 6.04 6.05 6.06 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as “Extra Work” when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with Section 3.00 and Section 6.00. If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR’S 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. Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTORS proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. In the event that CONTRACTOR’S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with Section 3.04. 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. All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 23 7.00 CONTRACTOR’S DAMAGES 7.01 7.02 7.03 All damages incurred to existing facilities by the CONTRACTOR’S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR’S expense. All such repairs or replacements, which are directed by the CONTRACT ADMINISTRATOR to be done by the CONTRACTOR, shall be completed within the following time limits. A. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. B. All other damages to landscape, turf or sites shall be repaired or replaced within five (5) working days. 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 at the CONTRACTOR’S expense. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the CONTRACT ADMINISTRATOR. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, toll free to a San Diego region area code, at which the CONTRACTOR or CONTRACTOR’S responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the CONTRACT ADMINISTRATOR or other CITY personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that the CONTRACTOR responds to the CITY by return call within one hour of the CITY’S original call. 8.02 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to 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. 8.03 8.04 8.05 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 cany digital pagers with local San Diego region area code. Supervisor and foreman shall respond to any page from the CITY within thirty minutes at any time, 24 hours per day. The CITY shall not page CONTRACTOR'S foreman except during normal working hours or in case of emergency. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 It shall be the CONTRACTORS responsibility to inspect, and identifl, any condition@) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The CONTRACT ADMINISTRATOR shall be notified immediately of any unsafe condition that requires major correction. CONTRACTOR shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 9.03 CONTRACTOR shall notifj 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. Turf mowing operations shall be limited to the hours of 7:OO a.m. to 8:30 a.m. 1 1.02 CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours Monday through Friday only. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 11.03 The use of power tools is prohibited daily prior to 7:OO a.m. and all day on Sundays and Holidays. 11.04 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 12.00 MAINTENANCE SCHEDULES 12.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for 26 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. This schedule shall reflect all anticipated chemical applications for purposes of notification. 12.02 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 13.06 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 site without other CONTRACTOR'S supervisory personnel present. The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR's employees will not be detrimental to the interest of the public patronizing the premises. The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR's personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR’s personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 13.07 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 CONTRACTOR’S 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 4:OO p.m. Monday through Friday. 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 15.0 1 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws including the California Healthy Schools Act and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. In addition to providing the required schedules for chemical application, the CONTRACTOR shall notify the CONTRACT ADMINISTRATOR by telephone 10 days prior to the application of any chemicals. 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, and shall be on site during any application, mixing or transporting of these products and chemicals. 15.06 The CONTRACTOR shall prepare and submit an annual schedule to the CONTRACT ADMINISTRATOR detailing all proposed chemical usage for approval. This schedule shall indicate proposed dates of application, type of chemical proposed for use, area intended for application and an estimate of the quantity of material to be applied. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR an updated schedule on a quarterly basis indicating the applications in the previous quarter and any proposed changes to the approved annual schedule for the next quarter for approval. The CONTRACTOR shall also submit a sample of notice for posting at all school sites to the CONTRACT ADMINISTRATOR for approval. The CONTRACTOR shall be responsible for posting all school sites prior to chemical application in accordance with all federal, state, and local requirements. If the CONTRACTOR fails to provide and post the required notification the CONTRACTOR shall not apply any chemicals and the CONTRACTOR shall submit a revised schedule to the CONTRACT ADMINISTRATOR for approval prior to application of any chemicals not detailed in the approved annual schedule. ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES PART I1 TECHNICAL SPECIFICATIONS 16.00 MOWING 16.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the CONTRACT ADMINISTRATOR. 16.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 16.03 All mowing equipment shall be thoroughly cleaned following each mowing operation and prior to being transported to any other site. 16.04 Mow turf to the following heights or as directed by the CONTRACT ADMINISTRATOR: A. Bermuda - 3/4 - 1 inch. B. Cool season turf including bluegrass, perennial rye and fescues - 1 1/2 - 2 inches. C. Kikuyu -3/4 inch to 1 ?4 inch. 16.05 Mowing operations shall be scheduled Monday through Friday. 16.06 Walkways shall be cleaned immediately following each mowing. 16.07 Mowing operations shall be scheduled at times of low public use between 7:OO am and 8:30 am. 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 17.04 17.05 17.06 17.07 17.08 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, and/or a 2-inch deep layer of mulch, where appropriate, as directed by the CONTRACT ADMINISTRATOR. Circles shall be kept free of weeds and grasses by use of appropriate chemicals. Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage. All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. Walkways shall be cleaned immediately following each mechanical edging. Frequency of ground cover edging shall be one (1) time per month. 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 tmf 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 fiequencies shall be as follows: A. Aerate all turf areas two (2) time per year. 19.00 RENOVATION 3f 19.01 If CONTRACTOR feels that major renovation is needed, he shall notify the CONTRACT ADMINISTRATOR prior to proceeding. Otherwise, the CONTRACTOR will renovate the turf areas one (1) time per year. 20.00 TURF RESEEDING / RESTORATION 20.01 Damaged, vandalized, bare, or unacceptably thin turf areas shall be overseeded, plugged, or sodded as often as needed and as required by the CONTRACT ADMINISTRATOR, to re-establish turf to an acceptable quality. 20.02 Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate andor turf to establish. Preparation may require, as needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders. 20.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by the CONTRACT ADMINISTRATOR. All seed, plug or stolons shall be covered with Kellogg’s Topper or approved equal at a rate of (1) cubic foot per 72 square feet or not to exceed % inch in depth. 20.04 Repaired areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. 21.00 WATERING AND IRRIGATION 21.01 21.02 2 1-03 21.04 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. Irrigation systems not equipped with Calsense controllers may be programmed by CONTRACTOR, at the direction of the CONTRACT ADMINISTRATOR. Areas not provided with an irrigation system shall be hand watered by the CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. The CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. 21.05 21.06 2 1.07 21.08 21.09 Watering shall be regulated to avoid interference with any use of roadways, paving or walks. Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours (between 1O:OO p.m. - 6:OO a.m.). Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during periods of measurable rain without prior approval of the CONTRACT ADMINISTRATOR. The CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 22.00 IRRIGATION MAINTENANCE, REPAIR and TESTING 22.01 22.02 22.03 22.04 CITY shall provide, or reimburse the CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed One Hundred Fifty dollars ($150) per month. CONTRACTOR shall provide labor and equipment (- for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following: A. mainlines B. valves (control valves, ball valves and the like, not including auick-courilers) c. pumps D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the E. backflow devices like) F. pressure regulators. These items shall be repaired or replaced by the CONTRACTOR as Extra Work, or by other forces, at the discretion of the CONTRACT ADMINISTRATOR. CONTRACTOR shall notie CONTRACT ADMINISTRATOR of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components that are identified as the CONTRACTOR'S responsibility shall be completed within two (2) working days of 22.05 22.06 22.07 22.08 22.09 22.10 determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by the CONTRACT ADMINISTRATOR. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by the CONTRACT ADMINISTRATOR prior to any installation thereof. CONTRACTOR’S Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use; and 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 CONTRACTORS personnel working on irrigation systems, shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician. CONTRACTOR shall provide its Irrigation Technician at the CONTRACTOR’S own expense with Calsense Radio Remote hand-held remote valve actuator. 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. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 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. 22.1 1 22.12 22.13 22.14 22.15 22.16 F. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. Any unresolved system malhction, 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. 23.00 FERTILIZATION 23.01 23.02 23.03 23.04 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 ten 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. 35 23.05 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. 23.06 Turf, shrubs and groundcover areas shall be fertilized at least four (4) times per year. Trees shall be fertilized at least two (2) times per year. 24.00 WEED CONTROL 24.01 24.02 24.03 24.04 24.05 24.06 24.07 24.08 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by the CONTRACT ADMINISTRATOR. Application of any chemicals shall be in accordance with Section 15.00. 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. Unscheduled chemical applications shall not be performed prior to submittal and approval of a revised chemical application schedule in accordance with Section 24.04. 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. CONTRACTOR shall give written notice to the CONTRACT ADMINISTRATOR at least fifteen City business days in advance of fertilizer application at a given site. 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 . 36 reflected on the annual calendar along with notation identifying material name and target weeds. 24.09 Pre-emergent herbicide applications shall be made according to the label and as required for optimum control of target weeds. 25.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 25.01 25.02 25.03 25.04 25.05 25.06 25.07 25.08 25.09 25.10 CONTRACTOR is responsible for tree work within fifteen feet of the ground. Trimming and pruning of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed. 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. 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. 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. 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. 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. Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CONTRACT ADMINISTRATOR. Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. Periodic staking and tying shall be done as needed. 25.1 1 All structural weaknesses such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the CONTRACT ADMINISTRATOR. 25.12 Groundcover A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning andor shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the CONTRACT ADMINISTRATOR. B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. C. All groundcover areas shall be pruned to maintain neat but natural (not sheared) edges. D. Except as specifically directed by the CONTRACT ADMINISTRATOR, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 25.13 Remove all dead shrubs and trees, including roots or root balls. 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 (1 2) inches above the ground level. Trees measuring over this caliper may be removed as Extra Work at the discretion of the CONTRACT ADMINISTRATOR. 25.14 All trimming and debris shall be removed and properly disposed of immediately. 26.00 MULCHING 26.01 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. 26.02 All areas to receive mulch shall be fiee of weeds prior to mulching. 26.03 Mulch shall be maintained fiee of litter and foreign matter. 26.04 Mulch shall be replenished as needed as Extra Work. 26.05 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. 38 26.06 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. 27.00 DISEASE and PEST CONTROL 27.01 27.02 27.03 27.04 27.05 27.06 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 24-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. CONTRACTOR must notify the CONTRACT ADMINISTRATOR fifteen city business days in advance before applying pest control chemicals. 28.00 PLANT MATERIALS 28.01 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. 28.02 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. 28.03 Quality 34 A. Plants shall be sound, healthy, vigorous, free fiom plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B. Plant materials shall be symmetrical, and/or typical for variety and species. C. Trees shall not have been topped. D. Roots shall not have been allowed to circle or become bound at any stage of growth. E. All plant materials must be provided fiom a licensed nursery and shall be subject to acceptance as to quality by the CONTRACT ADMINISTRATOR. 28.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to the CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition , regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by the CONTRACT ADMINISTRATOR. B. All shrubs shall be guaranteed for ninety (90) days fiom the date of acceptance of the job by the CONTRACT ADMINISTRATOR. Nothing in this section shall in any way reduce or remove CONTRACTOR’S responsibility as specified elsewhere in this CONTRACT. 28.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. 29.00 LITTER, LEAF, and DEBRIS CONTROL 29.01 29.02 29.03 29.04 Remove all litter, paper, glass, trash, undesirable materials, silt an other accumulated debris from all areas to be maintained. Complete policing, litter pick up and supplemental hand sweeping of site edges, corners and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. Accumulation of leaves and debris shall be removed, from all landscaped areas except as specifically directed by the CONTRACT ADMINISTRATOR. Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch. 29.05 29.06 29.07 29.08 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be the CONTRACTOR'S responsibility. Remove litter shall occur on a daily basis. CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. on a daily basis. The removed signs shall be returned to CONTRACT ADMINISTRATOR. Posting of such signs are in violation of Municipal Ordinance. 30.00 TRASH RECEPTACLES 30.01 30.02 30.03 30.04 30.05 30.06 30.07 All exterior trash receptacles shall be checked according to frequencies specified in Section 35.00 and emptied whenever more than 1/3 full and as needed to prevent objectionable odors or other conditions, or over-filling or between servicing. CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time receptacle is emptied. Liners shall be removed and replaced each time receptacles are emptied. Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed. Receptacles and related appurtenances shall be cleaned as needed to avoid concentrations of insects, odors, etc. Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids where lids are provided CONTRACTOR shall place trash receptacles, provided by the CITY, in place of any which are rusty, dented, graffiti, or which the CONTRACT ADMINISTRATOR otherwise deems unsuitable. Unsuitable receptacles shall be transported and stored at CITY facilities as directed by the CONTRACT ADMINISTRATOR 31.00 TRASH and GREEN WASTE DISPOSAL 31.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by the CONTRACTOR at legal waste collection site. The cost to dispose of said trash, green waste and accumulated debris will be at the CONTRACTORS own expense. 32.00 SWEEPING 32.01 32.02 32.03 32.04 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc. Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect. Blowers used in performance of this CONTRACT shall be low -noise type , Echo model PB46LN, or equal equipment rated at or below 65 dB.” Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in Section 35.00. 33.00 DRINKING FOUNTAIN MAINTENANCE 33.01 Clean and disinfect drinking fountains, drain and sand trap according to frequencies specified in Section 35.00. 33.02 Leaking fixtures, damaged or missing parts, and clogged drains that cannot be unclogged using a plunger shall immediately be reported to the CONTRACT ADMINISTRATOR. 33.03 Water supply to a leaking fixture shall be shut off when it is reasonable to do so. 34.00 MAINTENANCE FREQUENCIES The following maintenance frequencies shall apply to the following tasks: daily weekly bi weekly monthly bi monthly quarterly semi annual as needed Appendix A CITY OF CARLSBAD ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES SITES BID NO. 06-01 INSPECTION RATING FORM SITE: BUENA VISTA ELEMENTARY INSPECTOR: Jerry Rodriguez 5130104 I Possible Previous Rating This I Category Description Points Period Period Deduction Percent 3 0.03 Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment $1,181.04 $35.43 $1,145.61 CITY OF CARLSBAD ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES SITES BID NO. 06-01 8 6 9 7 7 6 8 8 7 6 7 6 7 8 INSPECTION RATING FORM 8 8 6 6 8 8 7 7 7 7 6 6 7 7 6 6 7 7 6 6 7 7 6 6 7 7 8 8 SITE: GENERAL DUTIES INSPECTOR: Jerry Rodriguez 5/30/04 Rating Totals Deduction Percent I Possible Previous Rating This I 100 96 96 0 Category Description Points Period Period Deduction Percent 0 0.00 Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment $1,181.04 $0.00 $1,181.04 45 SCHEDULE “A” MONTHLY PRICES Item No. Buildinps Location Monthlv Price Annual Price AI. Buena Vista Elementary (2.3 acres) 1330 Buena Vista Way $1 360.00 x 12 $15,120.00 A2. Valley Middle School (2.75 acres) 1645 Magnolia Avenue $1335.00 x 12 $16,020.00 A3. La Costa Meadows Elem. (3.5 acres) 6889 El Fuerte Street $3,000.00 x 12 $36.000.00 A4. Jefferson Elementary (2.6 acres) 3473 Jefferson Street $1.400.00 x 12 $16,800.00 A5. Magnolia Elementary (4.1 acres) 1905 Magnolia Avenue $2,025.00 x 12 $24300.00 A6. Aviara Oaks Elem. (5.0 acres) 6900 Ambrosia Lane $2,500.00 x 12 $30,000.00 A7. La Costa Heights Elem. (3.0 acres) 3035 Levante Street $1360.00 x 12 $16320.00 A8. Extra Work* STIPULATED AMOUNT $20,000.00 * Extra Work payments made to the CONTRACTOR will be based on the CONTRACTOR’S actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. Extra Work is not guaranteed. Schedule “A” total annual amount of bid including items AI - A8 in words One Hundred Seventv- four Thousand Five Hundred and Sixtv dollars. Schedule “A” total annual amount of bid, including items AI- A8 in numbers: $174,560.00 9-16-05 Nissho Contract.doc 09/19/2005 Appendices0 EXHIBIT B A. POSITION TITLE 1. Project Manager 2. Asst. Project Manager 3. Irrigation Techniciaq CONTRACTOR’S WORK FORCE ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES Bid Na 06-01 B. MINLMUM QUALIHCATIONS C. TOTAL ANNUAL HOURS Please See Attached I 65lyear Please See Attached d9. vu Please See Attached 108/vear 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, perfom 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 CONTRACI’OR’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 fonn. EXHIBITB Page2 CONTRACTOR’S WORK FORCE (Continued) B. MINLMUM QUALIFICATIONS Please See Attached ~~ A. POSITION TITLE C. TOTAL ANNUAL HOURS 2,142j:Qear 4. Foreman Please See Attache 5. 2,142/year 6. Gardner 7. 8. 9. 10. Exhibit B -Additional Information . LANDSCAPE MAINTENANCE- PROJECT MANAGER JOB DESCRIPTION RESPONSIBILITIES: e e e e e e e a e e a 0 a e e e e a Manages and supervises assigned crews and projects. Reads and understands project contracts while carrying out those agreements Interfaces, when applicable, with clients and is always pro-active to meet the projects needs and budget Able to maintain project within bid amount while keeping a high standard of landscape appearance Must follow company policies and procedures at all times and clarify questions with Director of Maintenance Operations. Must work as a team member at all times Must be able to attend Project Board of Directors meetings after normal working hours if necessary Completes all punch list items and proposals developed on walk-thrus or meetings within the required or requested time frame Require workers on crews to work in a safe manner at all times. Make sure all required paper work is turned in within the required time frame and accurate at all times. Must understand all field job descriptions 100% Ability to resolve client’s urgent matters in a timely fashion Must be honest and courteous to clients and other employees at all times Must train employees on proper way to maintain projects both in the field and training classes Must communicate with client weekly on any issues they may have and submit report on general status of project. Must visit projects on a weekly basis. Develop a relationship with the board of directors on your projects Must report to work on time or call the Maintenance Office prior to 7:OO a.m. Neat and clean in appearance. IRRIGATION RESPONSIBILITIES: 0 0 Develop a water management program for each project, around any special needs for that particular project that could result in water savings. Must identify any irrigation and drainage deficiencies, and propose or resolve them immediately. HORTICULTURAL PRACTICES: 0 Ability to identie 70 plants by common name. e Ability to design proper plant type and lay out for particular areas. 0 Ability to choose types of fertilizers and chemicals needed to merge a cost effective and healthy project. e Ability to recognize and resolve any declining plant health, either by simple means or by bringing in experts. MAINTENANCE TECHNIQUES: e Ability to develop and monitor maintenance schedule for each project. Must have the ability to carry out Nissho of California maintenance programs. MANAGEMENT TECHNIQUES: 0 Ability to monitor personal performance and take appropriate action when needed. 0 Must conduct performance review for each assigned Foreman and Assistant Project Manager and help facilitate assigned crew reviews. 0 Must show true leadership to employees at all times. 0 Ability to handle any tasks or operational requests given to them by Vice President and/or Director of Maintenance of Operations in a timely manner. 0 Must be able to maintain budget for financial for projects and department. 1 I 1 0102 50 I 1 Exhibit B - Additional Information LANDSCAPE MAINTENANCE - ASSISTANT PROJECT MANAGER JOB DESCRIPTION RESPONSABILITIES: *:e Must be able to communicate to Project Manager, any issues that occur on projects. Help when needed to resolve. *:e Ability to implement all walk-thru procedures. Must be able to attend and participate in walk-thrus. +:a Manage and supervise assigned crews and projects. *:e Read and implement project schedule and monitor for profitability. *:e Interface with clients when applicable; and always be proactive to meet the projects' needs and budget. *:e Ability to maintain project within bid amount while keeping a high standard of appearance. 03 Must follow company's policies and procedures at all times; if at any time those policies and procedures are not clear, ask Project Manager or others for direction. *:e Must work as a team member at all times. *:e Complete all punch list items and proposals developed on Walk-Thrus or meetings within required or requested time period. *:e Always require workers to be working in a safe matter. *:e Make sure all required papennrork is accurate and turned in on time. *:e Must know foreman job description 100%. *:e Ability to resolve urgent matters in a timely fashion, when client requests. *:e Must be honest and courteous to clients and other employees at all times. 03 Must train employees on proper way to maintain projects either in the field or in training class. *:e Complete all customer service requests on time. 4" Ability to monitor crew productivity and make any changes when necessary to assure productivity is 100% efficient. *:e Must have the ability to take on additional operational responsibilities *:e Report to work on time or call the Maintenance Office prior to 7:OO a.m. 0:' Neat and clean appearance IRRIGATION RESPONSABILITIES: *:e Must be able to identify and repair any warranty or extra irrigation problems requested by the maintenance department. *:e Must identify any irrigation and drainage deficiencies, and propose or resolve them immediately. *:e Must program clocks when needed, and assure that all projects have proper amounts of water. *:e Must be able to identify proper irrigation layout and if systems are not properly installed, Assistant Supervisor must communicate in writing to Project Manager any malfunctions or corrections that are needed. 8/24'05 5-1 HORTICULTURAL PRACTICES: MAINTENANCE TECHNIQUES: Ability to identify 70 plants by common name. Ability to design proper plant type and lay out for particular areas. Ability to choose types of fertilizers and chemicals needed to merge a cost effective and healthy project. Ability to recognize and resolve any declining plant health, either by simple means or by bringing in experts. e:* Ability to develop and monitor maintenance schedule for each project. *:* Must have ability to carry out Nissho of California maintenance programs. *:* Must understand clients’ requests as to how project is to be maintained and any special requests that they might have on a weekly visit. MANAGEMENT TECHNIQUES: Ability to monitor personnel performance and take appropriate action when needed. Must conduct performance review for each employee once a year. Must show true leadership to employees at all times. Ability to handle any tasks given to them by Project Manager of maintenance in a timely manner. Ability to line out crews on extras or new contracts when needed. 8/24/05 5% Exhibit 13 - Additional Information s a LANDSCAPE MAINTENANCE - IRRIGA TION TECHNICIAN JOB DESCRIPTION RESPONSIBILITIES: To provide superior service to all of Nissho of California, Inc. clients and employees. Report all problems and complaints to the Supervisors and Office Manager. Fill and price out all work orders including all labor and material. Turn in work orders daily to the Office Manager for billing. If Irrigation Tech is working late on a project, paperwork must be turned in no later than the next morning. Meet with the Dispatcher daily to the next day’s projects. Completes jobs within established time frame. Interfaces and is proactive with clients and staff. Obeys all company safety policies. Inventory and order parts on a monthly basis. Orders are to be turned into the Office Manager. Maintain truck and equipment in good operating condition. Submit Truck Report bi-weekly. Ability to maintain and operate equipment to make necessary repairs. Properly complete and process time sheets daily. Work as a member of the Maintenance Division Team. Neat and clean in appearance, and in uniform. Certified in CPR and First Aid. Ability to lift 50 Ibs. Frequently. Must have a valid California Driver’s License and meet Nissho’s criteria to drive a company vehicle. Must have reliable transportation to work each day. Must report to work on time or call the Maintenance Office prior to 7:OO a.m. IRRIGATION TECHNIQUES: e:* Ability to program all different types of Controllers for optimum plant health and water conservation. *:* Ability to repair and replace valves and return the landscaping to its original condition. *f. Ability to locate and repair worn or broken wiring. e3 Ability to diagnose Controllers, Valves, Wiring and Irrigation problems. *:* Ability to recognize improper head layout or coverage problems. *:* Ability to make recommendations to add irrigation heads when and where needed. *3 Ability to evaluate systems in writing, to be used by offtce staff in order to prepare an evaluation, project information book or bid for the client. *:* Ability to recognize drainage deficiencies and problematical soil conditions. et. Ability to install different types of controllers and pedestals, including but not limited to, electrical wiring and valve wires. MANAGEMENT TECHNIQUES: e:* Ability to organize, schedule and complete daily work routines. *:* Ability to establish relationships with clientele and co-workers. e.’ Ability to have a proactive and positive attitude. Exhibit B - Additional Information Job Description Job Title: New Mow Crew Department: Maintenance Reports To: Project Manager FLSA Status: Prepared By: Domingo Castillo Prepared Date: January 8, 2004 Approved By: Approved Date: SUMMARY Under general supervision, ability to perform skilled grounds maintenance and gardening duties; to plant, cultivate, and maintain lawns, trees, fields, shrubs and landscaped grounds. ESSENTIAL DUTIES AND RESPONSIBILITIES To include the following: Performs heavy manual labor, such as mowing lawns, edging around walks, flower beds, walls and related grounds areas. Operates a variety of edgers, trimmers, and other grounds equipment. Installs sprinkler systems and water pipes. Trims shrubs, hedges, and trees. Loads truck with trimmings and trash and haul it to the dump. Prepares and treats soil for planting. Assists in sweeping and picking up papers and other debris from walks and driveways, as required. Operates a pickup truck in driving to various grounds areas. Cleans and checks storm drains, as required. Performs minor maintenance on a variety of gardening and grounds equipment, such as changing oil, filters, and small parts, lubricating equipment, and performing minor tune-ups on equipment. OTHER JOB FUNCTIONS Performs other duties related to the position. SUPERVISORY RESPONSIBILITIES This job has no supervisory responsibilities. QUALlFtCATlONS The knowledge, skills, and abilities required for this classification would typically be acquired through graduation from high school or possession of a high school equivalency certificate; two years of experience in grounds maintenance, gardening, work, or any combination of training and experience that could likely provide the desired knowledge and abilities. ' Exhibit €3 - Additional Information 1. LANDSCAPE MAINTENANCE - FOREMAN JOB DESCRIPTION RESPONSIBILITIES: Manages and supervises assigned crew members. Reports problems to Supervisor (in writing). Must be able to communicate and write in Spanish and English. Complete job within established time frame. Plan and organize work for crew members (per schedule). initiate and complete required paperwork in required time frame. Interface with clients when necessary. Enforce all safety policies. Discipline crew members professionally and initiate proper written warnings. Set up truck daily with all supplies I equipment. Make sure equipment and truck are in good operating condition. Comply with company maintenance program and guidelines. Develop, train and maintain hghly motivated and effective crews. Properly complete and process time sheets daily. Work as a team member. Neat and clean in appearance and in uniform. Calibrate application equipment. Certified in CPR and in First Aid. Ability to lii 50 Ibs. Frequently. Ability to identify and report any irrigation problems (in writing). Ability to identify and report any missing plant material, color, etc. Must posses a positive attitude at all times. Has a valid California State driver's license and qualifies to drive company vehicle. Must report to work on time or call the Maintenance Office prior to 7:OO a.m. Must have reliable transportation to work each day. Must conduct performance review for each crew member that has been here 90 days or longer. Ability to read water meters on a weekly basis, when needed. MAINTENANCE TECHNIQUES: *:e Ability to program irrigation controllers for optimum plant health and water conservation. *:e Ability to recognize and address problems or broken components within the irrigation *:* Ability to recognize and document potential hazards within the landscape. *:* Ability to recognize drainage deficiencies and problematic soil conditions. 0:' Ability to implement scope of work specified by client. system in a timely and efficient manner. LANDSCAPE MAINENANCE - FOREMAN JOB DESCRIPTION (CON’T) HORTICULTURAL PRACTICES: 40 Ability to identify by common or botanical name (50 plants) and there water requirements. *:e Ability to prune plants aesthetically. *:e ‘Ability to calibrate fertilizer application equipment. 9 Ability to perform basic mathematics. e3 Ability to install all size plant material. 9 Ability to recognize, diagnose and treat plants in declining health. *:* Ability to identify by common name, ten (10) frequently seen weeds and ten (10) frequently *:e Ability to identify types of chemicals to control target pest. *:e Ability to apply chemicals safely as per State of California Regulations. *:e Ability to be proactive in usage of chemicals to control labor cost and maintain healthy seen pests. plant condition. MANAGEMENT TECHNIQUES: *:e Ability to organize, schedule and complete daily work routines. -3 Ability to establish relationships with clientele and co-workers. 03 Ability to praise and reprimand crew members when needed, in a professional manner. *:e Ability to improve on management and education skills as well as being CLT certified. 1 /11/02 56 Exhibit B - Additional Information LANDSCAPE MAINTENANCE - ADVANCED GARDENER JOB DESCRIPTION RESPONSIBILITIES: Compiles with company policies. Constant awareness of employee and public safety. Reports all unsafe conditions. Ability to sharpen cutting tools as directed. Reports broken, poorly running misused or missing tools or equipment. Help keep truck clean and organized. Has reliable transportation to work. Report to work on time or call the Maintenance Office prior to 7:OO a.m. Neat and clean in appearance and in uniform. Applies granular chemicals. Ability to lift 50 Ibs. Frequently. TOOLS USE AND EQUIPMENT: The understanding and ability to identrfy and properly use the following tools. 40 All tools as stated on "Gardener Job Description' $0 Report broken, poorly running or misused tools and equipment. Soil probe. De-thatcher. a3 Aerator. *:e Post pounder. *:e Poll pruner. 40 Ladder. 03 Wheel grinder and file. 40 Belly and push spreader. *:e Hedge trimmer. Reel mower. HORTICULTURAL PRACTICES: Ability to identify by common name (20) plants. Pruning of trees, vines and shrubs. Fertilizer application techniques. Ability to stake and guy wire trees. Ability to attach vines and espaliers. Ability to install all plant material up to 24" box specimen. Understand the general needs of plant material. Ability to recognize plants in declining health. Ability to identify by common name, five (5) frequently seen weeds and five (5) frequently seen pests. 57 1/11/02 .. IRRIGATION PRACTICES: *3 Ability to locate irrigation “point of connection” and understand emergency shutdown 4* Ability to repair broken pipe or sprinkler heads as directed. system. 1/11/02 50 Exhibit B - Additional Information LANDSCAPE MAINTENANCE - GARDENER JOB DESCRIPTION RESPONSIBILITIES: Complies with company policies. Constant awareness of employee and public safety. Reports all unsafe conditions. Helps load and unload truck. Helps keep truck clean and organized. Has reliable transportation to work. Reports to work on time or calls the Maintenance Office prior to 7:OO a.m. Neat and clean appearance and in uniform Ability to lift 50 Ibs. Frequently. Applies granular fertilizer. Must use all issued safety equipment at all times TOOL USE AND EQUIIPMENT The understanding and ability to identify and properly use the following tools. Proper fueling procedures. 36" - walk behind mower. Mower blade adjustment and changing. Power edger. Line trimmer. Report broken or poorly operating equipment. Loppers. Pruning saw. Power blower. 21" - mower. Hedge trimmer. Wheel grinder and file. HORTICULTURAL PRACTICES: *:e Ability to identify by common name (IO plants) *:e Basic pruning, cleaning and detailing techniques. *:e Understanding of the basic planting installation of 1 gal., 5 gal., 4" color packs and flatted plants. IRRIGATION PRACTICES: *:e Ability to report any broken or clogged sprinkler heads to Leadman or Foreman. *:e Ability to report any signs of excessive or lack of water use to Leadman or Foreman. "loo; 4 EXHBIT B Page 3 Customer Service 5. Business Development Manaaer CONTRACTOR’S WORK FORCE (Continued) Please See AttdCbeil Secure bidding opportunities,develop market & advertising for Division,assist clients with any issue,attend Board Meetings, & develop programs for Division. D. Other Staff Support Title Description / Qualifications 1. Maintenance Office M Please See Attached 1. Weekly meetings to address work flow, new programs, & existing work. 2. Weekly Project Manager meetings to address any and all isuues. 3.Monthly time mangement and target meetings to ensure a stress free environment 4. Weekly Safety meetings Exhibit €3 - Additional Information .* Job Title: Department: Reports To: FLSA Status: Prepared By: Prepared Date: Approved By: Approved Date: Job Description Mdntenance Offlee Msnager Maintenance Vice President of Maintenance December 12,2003 Tom Baird December 12,2003 SUMMARY Manage the office operations and paper flow within the Maintenance Department. Responsible for all billings of the Maintenance Department and 90-Day Maintenance, to include correspondence with clients and possible collections. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Attend various weekly meetings with the Maintenance Department and on occasion with the Accounting Department. Prepare training presentations, handouts, reports, and meeting agendas. All maintenance invoicing, including contracts, extras, and 90-Day warranty billings. Assist the Accounting Department on collections or credits within the aging reports for the Maintenance Department. Review and revise any changes on billings (gO-day, cancellations, etc.), which includes requesting purchase orders and change orders for the monthly billings. Provide reports on monthly totals, budgets, and monthly projections to the Vice President of Maintenance and the Board of Directors. Type and review outgoing contracts, andlor proposals. Also, manage expirationkenewal dates. Maintain monthly fertilizer order, to keep current with the projects and all contract revisions. Maintain weekly Truck 8 Crew Schedule, by updating and distribution to project managers and crews. Provide clerical support through typing work orders, correspondence., forms, etc. Order office supplies for the Maintenance Department through the receptionist. SUPERVISORY RESPONSIBILITIES This position manages three office assistants, which includes their daily job responsibilities and all office operations in San Diego, Riverside, and Chula Vista offices. Working in unison with the Maintenance Vice President, Sales and Marketing Team, Director of Operations for both San Diego and Riverside divisions to implement new procedures and responsibilities brought forth through the weekly department meetings. QUALIFICATIONS To perform this job successfully, an individual must have strong time management, organizational, and prioritizing skills and must be able to perform each essential duty satisfactorily. An individual must be highly qualified in computer skills, through Word processing, Excel spreadsheets, PowerPoint presentations, Access, and Outlook e-mail. Have the ability to learn our internal office software to the level of experience to complete daily responsibilities. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Two years from college or technical school; or two to three years' related experience and/or training; or equivalent combination of education and experience. One year experience of high volume billing and office management. Accounting background is strongly recommended. LANGUAGE SKILLS Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before groups of employees, customers MATHEMATICAL SKILLS Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and interpret various graphs. REASONtNG ABILITY Ability to apply common sense understanding to cany out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to use hands to finger, handle, or feel and reach with hands and arms. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 15 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. Exhibit B - Additional Information .. Job Description Job Title: Maintenance Asrirtant Department Maintenance Reports To: Maintenance Office Manager FLSA Status: Prepared By: Prepared Date: Oecember 9,2003 Approved By: Approved Date: SUMMARY Supports office and field personnel ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Prepares timesheets for payroll and tracks attendance. Adds up timesheek received from the maintenance crews Checks job numbers with job manager Inserts employee numbers as needed Prepares payroll status for employees that have quit or have been terminated Inserts total hours on timesheet summary spreadsheet Checks roll call on a daily basis for absent employees Inputs hire packets as received into employee data base Establishes a job number for extra work. Receives job number request paperwork and checks for accuracy Pulls job number that corresponds with job name and client Inserts all information necessary Logs information into 'Extra's Book' spreadsheet for tracking Types work orders as needed Makes copies for Project Manager and inserts into their 'Black Book' under the 'work order' tab for future reference Files original in the 'Extra's Book for reference for Irrigation Tech or Extra's Crew Types walk-thru punchlists Inputs all information as written by the Project Manager Prints and makes copies for Project Manager, Foreman and for the 'Walk-Thru Book' for tracking Sends original in mail to client Types work orders Types information written by Project Manager Prints and faxes to Client for approval Printed copy is then filed in the Project Mangers 'Black Book' under the 'Pending work orders' tab for future reference Makes changes to the weekly crew schedule Takes information from the timesheet summary spreadsheet and makes the necessary changes needed for the following week. (ie. Delete employees that no longer work with the company, employees transferring to a different crew, etc) Meets with Aramark for uniforms Throughout the week gathers sizes for employees that are eligible for uniforms and collects the uniforms from former employees Discusses additions, subtractions or any discrepancies with Aramark Representative and signs all necessary paperwork, Types all miscellaneous letters Prepares Bid Packets Collects all corresponding information from the computer and office manager. Creates forms specifically for the current bid Binds all information in a loose form binder using a binding machine Types billing releases Types pertinent information from an invoice to a release provided by the developer then given to the President for signature. Creates walk-thru and oncall schedule Keeps track of all walk-thru's throughout the month and creates a calendar for following month. Creates on-call schedule based around Project Manager' s approved time off. Creates a guide (example) on the oncall schedule for safety inspector to visit job sites to assure the crew is following all safety guidelines Prints and distributes to all office personnel and faxes on-call to after hours service. SUPERVISORY RESPONSIBILITIES This job has no supervisory responsibilities. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION andlor EXPERIENCE One year certificate from college or technical school; or three to six months related experience andlor training; or equivalent combination of education and experience. LANGUAGE SKILLS Ability to read and interpret documents such as spreadsheets, safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. MATHEMATICAL SKILLS Ability to add, subtract, multiply, and divide in all units of measure with use of a 1 O-key by touch. REASONING ABILITY Ability to apply common sense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to use hands to finger, handle, or feel and reach with hands and arms. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 10 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. 65 Exhibit B . Additional Information Job Description Job Title: Department: Reports To: FLSA Status: Prepared By: Prepared Date: Approved By: Approved Date: Warranty Assistant Maintenance Maintenance Office Manager Heather Dorrell December 1,2003 Tom Baird December 12,2003 SUMMARY Schedules and manages our warranty maintenance, creates important project binders, maintains various reports, along with our water management program, monitors our Safety Evaluation program, and assists with general office filing. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Will schedule appointments for warranty landscape maintenance through our various divisions and locations. Manages the Warranty binders and all related paper work for distribution to project managers and billings to the clients. Create master project binders for our clients and project binders for our project managers. Maintain various reports, i.e. chemical, truck, tool, and safety. This includes basic data entry, filing, and correspondence with various departments. Maintain our water management program by keeping correspondence with our clients for copies of their water bills, inputting the data on spreadsheet reports, and evaluating when projects fall out of their goal range to communicate that information to our project managers, via email or customer service. Monitor our Safety Evaluation Program by logging the forms returned by our project managers. Assist with general office filing for our Customer Service Representative and the Office Manager. SUPERVISORY RESPONSIBILITIES This position will supervise reports and programs directly related to our project managers. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION andlor EXPERIENCE A high school diploma is a must. One - two years of college or technical school; or one - two years related experience and/or training; or equivalent combination of education and experience. LANGUAGE SKILLS Ability to read and interpret documents such as reports, work orders, memos, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before groups of employees. Spanish as a first or second language is a plus. MATHEMATICAL SKILLS Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and interpret various graphs. REASONING ABILITY Ability to apply common sense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to use hands to finger, handle, or feel and reach with hands and arms. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 15 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. Exhibit B - Additional Information Job Description Job Title: Customer Service Department: Maintenance Reports To: Maintenance Office Manager FLSA Status: Prepared By: Prepared Date: December 9,2003 Approved By: Approved Date: SUMMARY Receives incoming calls from clients and homeowners and disperses information to the correct project manager and foreman for a timely response to situation. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Obtains caller's name, company and the project name along with request of what is to be done Checks all customer service for warranty issues Should the customer service issue be an emergency (irrigation break), call Project manager and irrigation tech immediately Records all information including date and time of call and names of Project Manager and Foreman caring for the project on the customer service spreadsheet and the customer service form. Makes copies of the forms for Project Manager and Foreman to correspond back with a completion date and summary. Original then goes in customer service book for tracking in Monday morning meeting Once completed customer service form is returned from the Project ManagerjForeman it is then typed on the customer service form in the computer and faxed to the client to inform them that the request is completed. Confirmation, written response and typed response is then stapled together and filed in the job file. All information is then logged onto the spreadsheet Operates MW-1 ODP telephone console to receive incoming messages. Retrieves faxed customer service via e-mail and disperses accordingly Performs variety of clerical duties. SUPERVISORY RESPONSIBILITIES This job has no supervisory responsibilities. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE One year certificate from college or technical school; or three to six months related experience and/or training; or equivalent combination of education and experience. LANGUAGE SKILLS Ability to read and interpret documents such as spreadsheets, safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before groups of customers or employees of organization. MATHEMATICAL SKILLS None REASONING ABILITY Ability to apply common sense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to use hands to finger, handle, or feel and reach with hands and arms. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 10 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. EXHIBIT C LISTING OF SUBCONTRACTORS ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES Bid No. 06-01 The CONTRACTOR is required to furnish the following idormation relative to the subcontractors he proposes to use. If' all work is to be done without subcontractors, write "NONE" in the following space: NAMEUNDER ADDRESS AND TYPE AND PORTION OF WHICH SUB- NUMBERAND TELEPHONE WORK SUBC0N"OR PO Box 23502 Class ABCDFIK I LICENSE NO. 0547400000 .......... .-.-. ..--- m STATE OF CALIFORNIA DEPARTMENT OF PESTlClDE REGULATION 1001 I STREET SACRAMENTO, CALIFORNIA 95814 (916) 445-4036 THIS LICENSE EXmRES December 31.2005 I PEST CONTROL BUSINESS LICENSE J 1 PLANTTEKKNC P.0 BOX 235020 ENCINTAS CA 92023 - ~TTHIWCBWSCPROMINENTLY a rmucmw - THIS Ltcwse IS NOT "MRABLS ~ AM' CHANC~E I# OPI"IP EOUIRES A MW LIcpIsE .................... ....... ............. ........ _.. ........ - . .-_ ----I_L- I I P.6 Jec 01 04 12:41p CR Tree 760-746-2867 -_ I. -. .- _. .. -. . .. .--. . .. .. L. Y Jec 01 04 12:33p CA Tree 760-746-2867 P. 5 c .. . ,. d .. . .. . _.. .. .. . . . .. .. . .. . ... : ... ' _...... ... . 73 EXHIBIT D Additional Momation”. A. B. 1 EQUIPMENT ITEM I DESCNPTION QUANTITY I Please See Attached 1. CONTRACTOR’S EQUIPMENT ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES , 2. Bid No. 06-01 3. 4. I The CONTRACTOR shall set forth in Attachment E to the proposed CONTRACT: A. All equipment items, having an original purchase price of at least $1OOO, that the CONTRACTOR Will use to provide the described services. Equipment should be listed regardless of whether the CONTRACTOR owns the equipment; intends to purchase, lease, or rent the equipment; or win subcontract the services requiring said equipment. B. Quantity of each equipment item to be used in the performance of the described services. C. Total minimum annual hours for each equipment item that the CONTRACTOR proposes to commit to the performance of the described services. This is the aggregate of the hours for equipment of the same item description. D. Hourly rental rate for each equipment item when used in the performance of Extra Work. HOURLY RENTAL The information provided in this attachment is for the purposes of determining the CONTRACTOR’S commitment, and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR’S proposal is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages, if needed. LabeI any such pages “Exhibit D - 5. 6. C. TOTAL ANNUAL HOURS 62 C 0 4 U 2 k 0 w c H rl m c 0 I P U --I a -d G X w -- i'6 3 t I 78 C 0 -d c, a E C H - r a N m EXHIBT E A. MATERIAL OR SUPPLY ITEM DESCRIPTION 1. Please See Attached 2. 3. 4. 5. 6. 7. CONTRACTOR’S ESTIMATE B. C. QUANTITY COST ANNUAL ANNUAL of MATERIALS and SUPPLIES ATHLETIC FIELD & LANDSCAPE MAINENANCE SERVICES Bid No. 06-01 The CONTRACTOR shall set forth in Attachment F to the proposed CONTRACT: A. All material and supply items, having an aggregate value in excess of $500, that the B. Quantity of each listed item to be used annually in the performance of the described C. The total estimated annual cost of each material or supply item that the CONTRACTOR CON”R4CTOR will use to provide the described services. services. proposes to commit to the performance of the described services. The information provided in this attachment is for the purposes of determining the CONTRACTOR’S commitment, and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR’S proposal is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages, if needed. Label any such pages “Exhibit E - Additional Information” Q3 Exhibit E - Addtional Information 4 3 314BC 10 Square box 10-222 Blue Wire Nut Connectors SPK-100 1 112 Hardie Diaphram PGP-360 4" Shrub Rotor ACV-075 PGP-ADV Hunter Popup Rotor Adjustable 3/4 Anti Siphon Adjustable check valve $ 11.3397 0.4782 $1 8.00 8.6942 2.3865 9.6997, e 314BC lo" Square box $ 11.3397 10-222 Blue Wire Nut Connectors 0.4782 SPK-100 1 1/2 Hardie Diaphram $18.00 8.6942 PGP-360 4" Shrub Rotor ACV-075 314 Anti Siphon Adjustable check valve 2.3865 - PGP-ADV Hunter Popup Rotor Adjustable 9.6997 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I I- ss. -. County of San Diho t rnk before me, k. kJkAvmk a/ at)& me and Ttle of ORicer [e.g., ‘Jane Doe, Notary Public’) Date f personatty appeared /Torn Wrd and dbh Id0 , Name@) of .Signer(s) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and and official seal. cock Y, ,,Y,.b-RL 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: Et! Gnh&.dj Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I ’ -f - Itlpg SF pal OYma Signer Is Representing: 0 1999 National Notary Assmation * 9350 De Soto Ave., P.O. BDX 2402 Chawwrih. CA 913152402 - wv.nabonalnotary.org Prod No. 5907 Reorder: Call ToU-Free I-EGO-676-6827 . . - . , . - .. . - . -. - .- -- BUS. NUMBER CITY OF CARLSBAD BUSINESS REGISTRATION CERTIFICATE DATE ISSUED 0313 1 I2005 BUSINESS LOCATION 1902 S SANTA FE AVE SIC CODE SIC DESCRIPTION I 17 Construction-Special Trade Contractors OWNER FIRM OR CORPORATION NAME NISSHO OF CALIFORNIA, INC. BUSINESS NAME NISSHO OF CALIFORNIA INC. MAILING ADDRESS 1902 S SANTA FE AVE CITY AND STATE VISTA, CA 92083-7721 EXPIRATION DATE Sep. 26. 2005 4:05PM NISSHO OF CALIFORNIA No, 5364 P, 2 nowan Barney & Barney, LLC-CA LieOC0395C THIS CERTIFICAT€ IS 198UED AS fi MATIER OF INFORMATION ONLY WD CONFER6 16 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFlCATE DOES NOT AMEND, EXTkND OR ALTER THE COVERAGE AFFORDED BY THE (858) 457-3414 M6t#: 7070 jsy A MITSUI SUMITOMO 'INSURANCE USA, INC. ________..._....-...-..-_.- I... ............ - ............-.. I... .. .....-.........-.. 'cou- 1 Lkmn NATIONAL INSURANCE PROGRAM - ST. NISSHO OF CALIFORNIA, INC. [. ..................... ,Pfirn.. .MERrnY. .I.NS.W.C@ . .co.. ....... pmyc MIX"EXJ SVMITOMO INSURANCE USA, INC. rnEU 1902 SOUTH SXNTA FE AVENUE .............................................. .............................................. .. .. ,. . ." /oouurD NO COVERAGE OW THIS DOCUMENT LmM VISTA, ........ I .......... ................. .........I. ... .......... I ............... .............. __ CA 92083 I 'CWWNv E NO COVERAGE ON THIS DOCUMENT !- Wig Is TO CERTIFY THc;I THE POLIUES OF INSURANCE BELOV HAVE @€EN ISSUED TO THE INSURED NAME0 -0VE +OR WE POLICY PERIOD IF)DICATEO. NOTWITHSTANDING ANY REOUIW~W, TERM OR OONMllON OF ANY CO(JTRACT OR OTHER DOCUMENT WlTk RESPECT TO WHICH THIS GWlFIC&E MAV Bf: ISSUE0 OR MAY PERTAIN, THE INSURANCE AFFORMO BY WE POUclEfJ Dc8cR18W HEREIN IS SUBJECT TO nU WE TERMS. EXCLUBIMrS AMJb CONDITIONS OF SUCH POLICES. UMITS SHOWN MAV HAVE BEN REOUCEO By PAID CLAIMS. .... ...- --.."-...-- ----'-'--.."T.-.-.---l' ....- -.-*,_ ....... .............. --.-----7 LIMITS ' PW €-TI# PONV er(PlWl'lW4; I *oLICY NUWIER ! DATI!iMMJODNn I b*fEIMMID~ ! GOHBlNEO SINW2 ALL OWNED AUTOS SCHLWUO AW BVR83 0 6 13 7 WCP6523345 NO COVERAGE I I I. ! I 'IYRIPIY)"OP-~~'LOOAIWHa'~IDLB'~~L rrrMs *10 DAY NOTICE OF' CANCELWITION FOR NON- PAYMENT OF PREMIUM* RE: ATHLETIC FIELD PROJECT :ERn%ATE WR WcuLATIow SHOULD ANY OF THE ABOVE OESCRMEO POLICIEG BE CANCELLED BEFORE THE EXPIFIATION DATE THEREOF. THE ISSUINO COMPANY WILL ENDEAVOR TO CITY OF CARLSBAD MAlC 30 bAY$ WRITTEN NOTICE TO THE CERIIFIOA~E HOLOER NAME0 TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATlON OR A?" : DALE A, $CHUCK GENERAL SRVs LlAOlLlTV OF ANV KIND UPON TH€ COMPANY, ITS AGE~TS OR RfPRESENTAllvES. 405 OAK AVE. CARLSBAD CA 92008 moPg(7m Qu;oRD conpoR*t~oN tm THE CERTIACATE HOLDER IS NAME0 AS ADDITIONAL INBURED PER THE ATThWED ENDORSEMENT. SeD, 26. 2005 4:06PM NISSHO OF CALIFORNIA No, 5364 P. 3 Company Profile MlTSUl SUMITOMO INSURANCE USA INC. 15 INDEPENDENCE BLVD. WARREN, NJ 07059 Company Profile ST. PAUL MERCURY INSURANCE COMPANY 385 WASHINGTON ST ST PAUL, MN 55102 800-328-2 1 89 Mitsui Sumitomo Insurance USA Inc. (a member d p ) A.M.Bul X: 00813 NAC C 22Mt FElN X: 13317153 Phone: 908604-2900 Fax: 908-604-2991 Web: w msiausa.com Address: 15 Independence Boulevard, P 0. Box 4602 Warren, NJ 07059 Best's Ratings Financial Strength RaHngs Rating: A+ (Superlor) Affiliation Code: p (Pooled) Finandal Size Category: XV ($2 billion or more) Outlook: Stable Action: Afllrmed Effective Date: September 01, 2005 * Denotes Under Review Best's Ratinus Print this oaga St Paul Mercury Insurance Company Bottom of Fwm (a member dm U) P Ii A.M.W C 02453 W X: 24791 FElN I: 411oM)I6SO Address: Phone: 651-310-791 1 st, paul, MN 55102 385 Washington Street Fax: 651-310-7334 Asrbnad to mmpnks mat have in our Web: w.stDaultravelers.com opnlcn, a superbr abihty to ms&bi ongmg augatsnr to poicyimmea. Best's RaUngr Flnanclal Strength Rating8 Rating: A+ (Superlor) Affiliation Code: r (Reinsured) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Upended Effective Date: July 13,2005 yisw Definl ti- Bottom of Form S~R. 26. 2005 4:06PM NISSHO OF CALIFORNIA No. 5364 P. 4