HomeMy WebLinkAbout2005-12-13; City Council; 18368; Replanting Assessment District Medians LoanAB# 18,368
MTG. 12/13/05
DEPT. PWlGS
DEPT. HD. TITLE: AWARDING THE AGREEMENT FOR REPLANTING OF
TWO SECTIONS OF ASSESSMENT DISTRICT MEDIANS,
AND APPROVING A LOAN FROM THE GENERAL FUND TO
THE MEDIANS ASSESSMENT DISTRICT FUND,
BID NO. 06-04
CITY ATTY. M-
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. 2005-357 accepting the bid and awarding the agreement to Westturf
Landscape Maintenance, Bid No. 06-04 for $106,000 of which $36,000 will be charged to the
General Fund (Storm Damage account) and $70,000 from the Medians Assessment District
Fund for the replanting of sections of the La Costa Avenue Medians and the Palomar Airport
Road Medians and approving a loan of $70,000 from the General fund to the Medians
Assessment District Fund.
ITEM EXPLANATION:
Over the last several years, sections of two medians in the City have experienced extensive
plant decline and die-off for reasons other than inadequate performance or negligence by the
landscape maintenance contractor. These median planters are now in a state that there is a
requirement to conduct significant replanting in order to return them to acceptable City
standards. The sections of the two medians in question are on Palomar Airport Road, between
El Camino Real and Interstate 5, and on La Costa Avenue, between El Camino Real and Interstate 5.
The majority of the plant decline and die-off on La Costa Avenue was related to the severe
storms this past winter. During those storms, this segment of La Costa Avenue was closed
several times due to flooding, mud slough, and other remedial roadwork. That work, and the
subsequent storm drain modificationdimprovements, caused major damage to the mainlines
and valves of the medians’ irrigation system. Those items are outside the scope of the
landscape maintenance contractor’s responsibility. The damage to the irrigation system was
ultimately repaired, but only after the storm drain modifications/improvements had been
completed. In the interim, most of the plant material went into decline, and much of it did not
recover. The landscape maintenance contractor has since removed the dead plants.
However, replanting these medians for these causes is not covered by the maintenance
contract and, therefore, needs to be addressed by a separate agreement.
In a similar manner, most of the plant decline and die-off on Palomar Airport Road was due to
factors outside the maintenance contractor’s control, specifically the particular plant species’ life span within a roadway environment (with elements such as continuous reflection of heat
from the adjacent asphalt and concrete, wind exposure, and automobile accidents). The median planters within this segment of Palomar Airport Road are approximately fifteen
years old. During the course of those fifteen years, many of the perimeter plants have
sporadically died-off as a result of the above conditions. These die-offs have ultimately had a
cumulative affect of creating large voids in the planters. In order to return the planters to
acceptable City standards, a separate agreement needs to be entered into with a contractor to replant these areas.
On September 29, 2005, the City Clerk posted a Notice Inviting Bids for this project.
Bid packages were also mailed to a total of forty-nine contractors on file with the Purchasing Department. Two of those contractors attended a non-mandatory pre-bid meeting on
October 17, 2005. One bid was received, opened, witnessed, and recorded on November 1,
2005. That bid was from the City’s current medians landscape maintenance provider.
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Page 2 of Agenda Bill No. 1 8 j 3b 8
The agreement is for replanting the sections of the La Costa Avenue and Palomar Airport
Road Medians described above, per the bid specifications.
Although there was no Engineer’s Estimate for the project, the pre-bid estimate compiled by a
consulting landscape architect and City staff was $1 00,000. That estimate included the
purchase and installation of all materials, including plants (approximately 2,200), soil
amendments, and decorative mulch, as well as the daily set-up and removal of all traffic control
devices.
The bid received was as follows:
Westturf Landscape Maintenance $1 06,000
The bid was reviewed and evaluated based on the best value for the City, in accordance with
Section 3.28.050.D.10 of the Carlsbad Municipal Code. Staff concluded that the bid met the
predetermined rating criteria and should, therefore, be considered the best value.
Staff recommends that the City Council award the agreement to Westturf Landscape
Maintenance.
ENVIRONMENTAL REVIEW:
This agreement is not a project as defined by Section 15378 of the CEQA Guidelines.
FISCAL IMPACT:
The Medians Maintenance Assessment District Fund does not contain sufficient funds or fund balance to pay for this replanting project. City staff is, therefore, requesting that a loan be
provided from the General Fund for $70,000 to cover the cost of the Median Assessment District’s Fund portion of this contract and that this loan be appropriated for such purpose.
Since the majority of the decline and die-off on La Costa Avenue was related to severe winter
storms, and since staff will be seeking reimbursement from other federal agencies, it is
proposed that the $36,000 portion of the contract be provided from the General Fund (Storm
Damage account).
EXHIBITS:
1.
2.
Resolution No. 2005-357 accepting the bid and awarding the agreement to Westturf
Landscape Maintenance, Bid No. 06-04 for $106,000 of which $36,000 will be charged to
the General Fund (Storm Damage account), and $70,000 from the Medians Assessment District Fund, for the replanting of sections of the La Costa Avenue Medians and the
Palomar Airport Road Medians and approving a loan of $70,000 from the General Fund to
the Medians Assessment District Fund.
Agreement with Westturf Landscape, Inc., for median re2lanting maintenance
services.
DEPARTMENT CONTACT: Kyle Lancaster, (760) 434-2941, klanc@ci.carlsbad.ca.us
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EXHIBIT 1
RESOLUTION NO. 2005-357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AWARDING THE AGREEMENT FOR REPLANTING OF TWO SECTIONS OF ASSESSMENT
DISTRICT MEDIANS, AND APPROVING A LOAN FROM THE GENERAL FUND TO THE MEDIANS ASSESSMENT
DISTRICT FUND AND ITS APPROPRIATION, BID NO. 06-04.
WHEREAS, the City Clerk advertised for bids to perform Median Replanting Services,
hereinafter referred to as the "Agreement"; and
WHEREAS, bids have been received by the City of Carlsbad, California for the Agreement;
and
WHEREAS, the bid was opened, witnessed and recorded on November 1,2005; and
WHEREAS, the bid was evaluated for best value; and
WHEREAS, the bidder determined to have the best value was Westturf Landscape
Maintenance; and
WHEREAS, $36,000 is available in the General Fund (Storm Damage Account); and
WHEREAS, a loan in the amount of $70,000 from the General Fund to the Median
Assessment District Fund will be needed for this replanting project; and
WHEREAS, $70,000 will need to be appropriated to cover the Medians Assessment
District's portion of this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
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That the above recitations are true and correct.
That the Finance Director is authorized to make a loan of $70,000 from the General
Fund to the Medians Assessment District Fund, and appropriate the $70,000.
3. That the best value bid submitted by Westturf Landscape Maintenance for Median
Replanting Services, in an amount not-to-exceed $1 06,000 is hereby accepted.
Ill
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4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
a contract for Bid No. 06-04, Median Replanting Services with Westturf Landscape Maintenance in an
amount not-to-exceed $1 06,000.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 13th day of December , 2005 by the following vote, to wit:
AYES:Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
CLAUDEA. LEWIWWll@oF (,/ I --
ATTEST
LORRAINE M. WOOD, City Clerk (SEAL)
AGREEMENT FOR MEDIAN REPLANTING MAINTENANCE SERVICES
Westturf Landscape, Inc.
THIS AGREEMENT is made and entered into as of the /csx, day of , 20K by and between the CITY OF CARLSBAD, a municipal aL!+?h&r corporation, ("City"), and Westturf Landscape Inc., a corporation, ("Contractor").
DEFINITIONS
Replanting: Removal of any dead plant material including roots, soils amendment of
planters, planting of specified materials, and maintenance of new plantings for a 90 day
period as detailed in the agreement.
Maintenance: Any routine, recurring, and usual services or preventative maintenance
on existing City property necessary for the protection or preservation of any City owned
or maintained property as specified in this Agreement.
Engineer: The Public Works Director of the City of Carlsbad or his authorized
representative.
Median Landscape Maintenance Contractor: The City of Carlsbad's current
maintenance contractor for the medians to be replanted. (Westurf Landscape
Maintenance) .
RECITALS
A. City requires the professional services of a Landscape Contractor that is
experienced in providing routine, recurring and usual commercial landscape
maintenance work necessary for the protection and preservation of City owned or
maintained properties for their intended purposes.
B. Contractor has the necessary experience in providing professional
services and advice related to providing routine, recurring and usual commercial
landscape maintenance work necessary for the protection and preservation of City
owned or maintained properties for their intended purposes.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and 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 the landscape
maintenance services described in the Scope of Work contained in the City's Request
for Proposals and the Contractor's proposal, which are incorporated by this reference in
accordance with this Agreement's terms and conditions. The Contractor will perform
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landscape maintenance and related services as needed and as authorized on an
agreed price basis as specified in the Contractor’s proposal. Nothing in this agreement
is intended to create an exclusive arrangement between City and Contractor. The City
reserves the right to procure commercial landscape maintenance services from other
contractors, as the City deems appropriate.
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.
Contractor shall maintain a C-27 license issued by the California Contractors State
License Board throughout the term of this Agreement.
3. - TERM
The term of this Agreement will be effective for a period of Twenty (20) Working days -. . from the start date-indicated in the Notice to Proceed for the Contractor’s planting and
soil amendment work. The Maintenance Period is Ninety (90) Calendar Days following
completion of the work. See Section 28 for Liquidated Damages.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The Contractor’s landscape maintenance work will be by paid at an agreed price basis
as indicated in the Contractor’s proposal. The total fee payable for the Services to be
performed during the initial Agreement term will not exceed One Hundred Six Thousand
Six Hundred and Fifty-five dollars ($1 06,655.00). 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 the Contractor’s proposal.
The Contractor will perform work in accordance with all applicable Carlsbad
Municipal Code sections, California building codes, California electrical codes,
OSHA standards and any other regulatory requirements.
All plant materials, herbicides, fertilizers or other Contractor supplied materials will
conform to specifications detailed in this agreement.
The Contractor shall submit invoices to the Parks 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.
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 extra work, are provided to the City.
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Certified payroll documents shall be submitted to the City with each billing.
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 this Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7.
The general prevailing rate of wages for each craft or type of worker needed to execute
PREVAILING WAGES TO BE PAID
the contract shall be those as determined by the Director of Industrial Relations
pursuant to Sections 1770,.1773 and 1773.1 of the Labor Code. Pursuant to Section
1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the
Office of the City Engineer. The contractor to whom the contract is awarded shall not
pay less than the said specified prevailing rates of wages to all workers employed by
him or her in execution of the contract.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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10. PARTS
The City reserves the right to supply needed parts and equipment to the Contractor for
Services.
11. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
12. 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".
12.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the 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.
12.1 .I 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.
12.1.2 Automobile Liability
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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.
12.1.3 ANY AUTO COVERAGE
Insurance must cover any vehicle used in the performance of the contract, used onsite
or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The auto insurance certificate must state the coverage is for "any auto'' and
cannot be limited in any manner.
12.1.4 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.
12.1.5 Additional Provisions.
Contractor will ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
12.2.1 The City will be named as an additional insured on General Liability.
12.2.2 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.
12.2.3
insurance and endorsements to City.
Prior to City's execution of this Agreement, Contractor will furnish certificates of
12.3 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.
12.4 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.
13. 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.
14. ACCOUNTING RECORDS
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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.
15. 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 documents related to services performed 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.
16. 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.
17. 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 Citv:
Name: Kvle Lancaster
Title: Public Works Superintendent
Department: Public Works, Parks
City of Carlsbad
Address: 405 Oak Avenue,
Carlsbad, CA 92008
Phone No. (760) 434-2941
For Contractor:
Name
Title
Address
Phone No.
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18. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of
Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
19. 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, verifying the
eligibility for employment of all agents, employees, subcontractors and consultants that
the services required by this Agreement.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
21. 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
(IO) 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 and/or designee. The
City Manager and/or designee 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 and/or designee will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them
at law.
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22. 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.
23. 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.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City
mustbe assertedas 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.
25. JURISDICTION AND VENUE
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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.
26. 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.
27.
During a state of emergency as determined by the City Council or City Manager including,
SERVICES DURING STATE OF EMERGENCY
but not limited to states of emergency defined by Government Code Section 8558, the
Contractor agrees to provide the services specified in this Agreement under the terms
and conditions herein.
28. LIQUIDATED DAMAGES
For each consecutive calendar day in excess of the time specified for completion of Work,
as adjusted in accordance with time extensions for Approved Weather Days and
Approved Extra Work, the Contractor shall pay the Agency, or have withheld monies due
it, the sum of Three Hundred and Fifty Dollars ($350.00). Liquidated Damages will not be
incurred during maintenance and guarantee periods.
Execution of the Contract shall constitute agreement by the Agency and Contractor that
Three Hundred and Fifty Dollars ($350.00) per day is the minimum value of costs and
actual damages caused by the Contractor to complete the Work within the allotted time.
Any progress payments made after the specified completion date shall not constitute a
waiver of this paragraph or of any damages.
29. ENTIRE AGREEMENT
This Agreement, the City’s Request for Proposal, the Contractor’s Proposal, and the
Specifications, together with any other written document referred to or contemplated by
these documents, along with the purchase order for this Agreement and its provisions,
embody the entire Agreement and understanding between the parties relating to the
subject matter of it. In case of conflict, the terms of the Agreement supersede the
purchase order. Neither this Agreement nor any of its provisions may be amended,
modified, waived or discharged except in a writing signed by both parties.
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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.
(print na mX/ti t le)
ATTEST:
n (sign here)
(print nameltitle) City Clerk
If required by City, proper notarial acknowledgment of execution by contractor
If a Corporation, Agreement must be signed by one corporate officer from ea
two groups.
*Group A. Chairman,
President, or
Vice-president
**Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
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CITY OF CARLSBAD
MEDIAN REPLANTING MAINTENANCE SERVICES
SPECIAL PROVISIONS
SECTION I-GENERAL PROVISIONS
1 .OO GENERAL SCOPE OF WORK
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As needed routine, recurring and usual landscape maintenance work
required for the preservation or protection of all City of Carlsbad owned
or maintained properties as outlined within these specifications shall be
provided by the Vendor. (Public Contract Code Section 22002(d)).
This specification covers median and open space landscape replanting
service and repair work in City owned and other City maintained
properties in the City of Carlsbad Parks Department Median Inventory,
including but not limited to the following: Palomar Airport Road
Medians and La Costa Avenue Medians.
The Contractor shall begin work no later than 10 Working days after
receipt of the Notice to Proceed from the Engineer. The Contractor
shall prosecute the work in a timely manner and shall complete all
work not inclusive of the contractually required maintenance period
within 20 Working days from the start date indicated in the Notice to
Proceed.
Unless otherwise approved in writing by the Engineer, the hours of
work shall be between the hours of 8:30 a.m. and 3:30 p.m. on
Mondays through Fridays, excluding Agency holidays. The Contractor
shall not set up any traffic control prior to these hours and shall have all
traffic control removed from the right of way prior to 3:30 p.m. The
Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during
weekends and/or holidays. This written permission must be obtained
at least 48 hours prior to such work. The Engineer may approve work
outside the hours and/or days stated herein when, in hidher sole
opinion, such work conducted by the Contractor is beneficial to the
best interests of the Agency. The Contractor shall pay the inspection
costs of such work at a cost of $100.00 per hour. The Contractor
agrees that payment for after hours inspection services will be
deducted from the Contractor’s next progress payment.
.
The Contractor shall provide a bar chart schedule for approval by the
Engineer.
22
2.00 GENERAL PLANT MATERIAL SPECIFICATIONS
1. Plants shall be the variety and size shown on the plans or in the
special provisions and shall conform to the requirements of these
specifications. Contractor shall notify the Engineer 48 hours before
each plant delivery so that the Engineer can inspect the plants. The
scientific and common names of plants herein specified shall conform
to the approved names given in “The Sunset Western Garden Book
published by Sunset Publishing Corporation, (2001). Each group of
plant materials delivered on site shall be labeled clearly as to species
and variety. All patented plants (cultivars) required by the plant list
shall be delivered with a proper plant patent attached. The Contractor
shall obtain clearance from the County Agricultural Commissioner, as
required by law, before planting plants delivered from outside the
County in which they are to be planted. Evidence that clearance has
been obtained shall be filed with the Engineer. All plants furnished by
the Contractor shall be true to type or name as shown on the plans or
as detailed in the specifications, and shall be tagged identifying the
plants by species or variety; however, determination of plant species or
variety will be made by the Engineer and the Engineer’s decision shall
be final. Plants shall be individually tagged or tagged in groups by
species or variety. All plants shall comply with Federal and State laws
requiring inspection for plant diseases and infestations. Inspection
certificates required by law shall accompany each shipment of plants,
and certificates shall be delivered to the Engineer.
2. Plants furnished by the Contractor shall be healthy, shapely, and well-
rooted, and roots shall show no evidence of having been restricted or
deformed at any time. Plants shall be well-grown, free from insect
pests and disease, and shall be grown in nurseries which have been
inspected by the State Department of Food and Agriculture and have
complied with the regulations thereof.
3. The Engineer is the sole judge as to acceptability of each plant.
Vigorous, healthy, well-proportioned plants are the intent of this
specification. Plants that are even moderately “overgrown”, or are
showing signs of decline or lack of vigor, are subject to rejection. The
size of the plants will be as shown on the plans. Plants larger in size
than specified may be used with the approval of the Engineer, but the
use of larger plants will make no change in contract price. If the use of
larger plants is approved, soil amendments shall be increased
proportionately. All plants not conforming to the requirements herein
specified shall be considered defective and such plants, whether in
place or not, shall be marked as rejected, and immediately removed
from the site and replaced with new plants by the Contractor at the
23
Contractor's expense. The Engineer reserves the right to change the
species, variety, and/or sizes of plant material to be furnished,
provided that the cost of such plant changes do not exceed the cost of
plants in the original bid, and with the provision that the Contractor
shall be notified in writing, at least 30 days before the planting
operation has commenced.
4. No plant shall be transported to the planting area that is not thoroughly
wet throughout the ball of earth surrounding the roots. Any plant that,
in the opinion of the Engineer, has a damaged root ball or is dry or in a
wilted condition when delivered to the planting area will not be
accepted, and shall be replaced by the Contractor at the Contractor's
expense. Each plant shall be handled and packed in the approved
manner for that species or variety, and all necessary precautions shall
be taken to ensure that the plants will arrive at the site of the work in
proper condition for successful growth. Trucks used for transporting
plants shall be equipped with covers to protect plants from windburn.
5. Root condition of plants furnished by the Contractor in containers will
be determined by removal of earth from the roots of not less than 2
plants nor more than 2 percent of the total number of plants of each
species or variety, except when container-grown plants are from
several sources, the roots of not less than 2 plants of each species or
variety from each source will be inspected by the Engineer. In case
the sample plants inspected are found to be defective, the Agency
reserves the right to reject the entire lot or lots of plants represented by
the defective samples. Any plants rendered unsuitable for planting
because of this inspection will be considered as samples and will not
be paid for.
6. The Contractor shall notify the Engineer when plants are to be shipped
to the project site. The notification shall be given not less than 5 days
prior to the actual shipment date.
3.00 GENERAL PLANTING SPECIFICATIONS
1. The Contractor shall perform actual planting during those periods when
weather and soil conditions are suitable and in accordance with locally
accepted horticultural practice and as approved by the Engineer. No
planting shall be done in any area until it has been satisfactorily
prepared in accordance with these specifications. Soil moisture level
prior to planting shall be no less than 75 percent of field capacity. The
Contractor shall obtain the Engineer's approval of planting pits before
planting operations begin. For pit planted vegetation when the soil
moisture level is found to be insufficient for planting, the Contractor
shall fill the planting pits with water and allow them to drain before
24
2.
starting planting operations. No more plants shall be distributed in the
planting area on any day than can be planted and watered on that day.
The Contractor shall plant and water all plants as herein specified
immediately after removal from their containers. Containers shall not
be cut prior to placing the plants in the planting area. It shall be the
responsibility of the Contractor to provide continuous horticultural
services and temporary and/or permanent irrigation to all planted areas
so that the planted vegetation is 100 percent healthy and thriving prior
to, and throughout the, landscape maintenance period.
The Contractor shall coordinate delivery of plant and other materials
with the Engineer and shall request the Engineer's approval prior to the
incorporation of any plants or other materials into the work. Any plant
determined by the Engineer to be wilted, broken, or othetwise
damaged shall be rejected at any time during the project, whether in
the ground or not. All plants shall be handled by their containers. Any
plant that has been handled by its trunk or stem shall be rejected. All
rejected plants shall be removed from the site immediately.
3. Planting areas shall be staked or flagged by the Contractor and the
Contractor shall obtain the Engineer's approval of the planting layout
before planting operations begin.
4. The Contractor shall amend the bacMill for planting holes to a
thoroughly blended mixture of clean loamy soil meeting the
requirements of these specifications into the backfill for planting holes.
4.00 MAINTENANCE AND PLANT ESTABLISHMENT
1. For all planted areas, The Contractor shall maintain said areas for
period of no less than 90 days after final acceptance of the work. The
Contractor shall provide complete landscape maintenance of all
planted areas. The work shall include, but not be limited to, watering,
litter control, weed control, pruning, cultivating, supplementary
fertilization, repair of irrigation systems, and control of diseases and
pests. The Contractor shall submit a written plan to control weeds,
disease, and pest infestations in the planting areas. The Engineer
shall approve all methods and materials for such control. Upon
approval, the Contractor shall implement the control measures,
exercising extreme caution in using pesticides and taking all steps to
ensure the safety of the public. Only licensed personnel will be
permitted to perform toxic spraying work. During the plant
establishment period, the Contractor shall furnish sufficient workers
and equipment on a daily basis to perform the work required by this
section. Any day when the Contractor fails to adequately carry out
25
specified maintenance work, as determined necessary by the
Engineer, will not be credited as one of the plant establishment days.
5.00 GUARANTEE
1. The Contractor shall guarantee all other plant material, including
ground covers to live and grow for a period of 30 days from the last
day of the maintenance period or final acceptance of the contract work,
whichever is the later. The Contractor shall replace, at its expense, all
plant material found to be dead, missing, or in poor condition during
the maintenance period within 5 days of discovery of such plant
material. The Engineer shall be the sole judge as to the condition of
the plant material. Plant material found to be dead or in poor condition
within the guarantee period shall be replaced by the Contractor, at its
expense, within 10 days of written notification. Replacements shall be
made to the same specifications required for the original plantings.
6.00 COOPERATION AND COLLATERAL WORK
1. The Contractor shall coordinate and cooperate with the City of
Carlsbad’s Median Landscape Maintenance Contractor during the
project and throughout the guarantee and maintenance period. The
Contractor may be granted a time extension if, in the opinion of the
Engineer, a delay is caused by the City of Carlsbad’s Median
Landscape Maintenance Contractor. No additional compensation will
be made to the Contractor for any such delay.
7.00 PROJECT SITE MAINTENANCE
1.
2.
Cleanup and dust control required herein shall also be executed on
weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct
effective cleanup and dust control throughout the duration of the
Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve
the health, safety and welfare of the public. Cleanup and dust control
shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
Contractor shall comply with the California State Water Resources
Control Board (SWRCS) Order Number 99-08-DWQ, National
Pollutant Discharge Elimination System (NPDES) General Permit
Number CAS000002, Waste Discharge Requirements (WDRs) for
Discharges of Stormwater Runoff associated with Construction Activity
(General Permit) and subsequent adopted modifications and with all
26
requirements of the Storm Water Pollution Prevention and Monitoring
Plans for this project in accordance with these regulations.
3. All internal combustion engines used shall be equipped with mufflers in
good repair when in use on the project with special attention to the City
Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
8.00 TRAFFIC CONTROL
1. Traffic controls shall be in accordance with the plans, Federal Highway
Administration (FHWA) Manual on Uniform Traffic Control Devices
(MUTCD) 2003 Edition as amended by the MUTCD 2003 California
Supplement and these Supplemental Provisions. If any component in
the traffic control system is damaged, displaced, or ceases to operate
or function as specified, from any cause, during the progress of the
work, the Contractor shall immediately repair said component to its
original condition or replace said component and shall restore the
component to its original location. In the event that the Contractor fails
to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the
Engineer may, at hidher sole option, install the traffic signs, markings,
delineation or devices and charge the Contractor twenty-five dollars
($25.00) per day per traffic sign or device, or the actual cost of
providing such traffic control facility, whichever is the greater.
2. All construction traffic signs and control devices shall be maintained
throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform
to the provisions of section 206-7.2 et seq. All temporary reflective
channelizers shall conform to the provisions of section 214-5.2 et seq.
Warning and advisory signs, lights and devices installed or placed to
provide traffic control, direction and/or warning shall be furnished,
installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor
when no longer required. Warning and advisory signs that remain in
place overnight shall not be allowed. Signs that warn of non-existent
conditions shall be removed from the traveled way and from the view
of motorists in the traveled way or shielded from the view of the
traveling public during such periods that their message does not
pertain to existing conditions. Warning and advisory signs that are
used only during working hours shall be portable signs. Portable signs
shall be removed from the traveled way and shielded from the view of
the traveling public during non-working hours. During the hours of
darkness, as defined in Division 1, Section 280, of the California
Vehicle Code, portable signs shall be illuminated or, at the option of the
27
3.
Contractor, shall be in conformance with the provisions in section 206-
7.2 et seq. If illuminated traffic cones rather than post-type delineators
are used during the hours of darkness, they shall be affixed or covered
with reflective cone sleeves as specified in CALTRANS “Standard
Specifications”, except the sleeves shall be 180 mm (7”) long. Personal
vehicles of the Contractor‘s employees shall not be parked within the
traveled way, including any section closed to public traffic. Whenever
the Contractor’s vehicles or equipment are parked on the shoulder
within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with
fluorescent traffic cones or portable delineators placed on a taper in
advance of the parked vehicles or equipment and along the edge of
the pavement at not less than 7.6 m (25) intervals to a point not less
than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the
taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign
shall be mounted, as required herein, on a telescoping flag tree with
flags. The signpost or flag tree shall be placed where directed by the
Engineer.
The Contractor’s personnel shall not work closer than 1.8 m (67, nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by
traffic. For equipment, 0.6 m (2’) shall be measured from the closest
approach of any part of the equipment as it is operated and/or
maneuvered in performing the work. This requirement may be waived
when the Engineer has given written authorization to the reduction in
clearance that is specific to the time, duration and location of such
waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown
on the traffic control plans prepared by the Contractor and approved by
the Engineer or for the work of installing, maintaining and removing
traffic control devices. As a condition of such waiver the Engineer may
require the Contractor to detour traffic, adjust the width of, or realign
the adjacent traffic lane, close the adjacent traffic lane or provide
barriers.
4. During the entire construction, a minimum of one (1) paved traffic lane,
not less than (12’) wide, shall be open for use by public traffic in each
direction of travel on La Costa Avenue. During the entire construction,
a minimum of two (2) paved traffic lanes, not less than (12’) wide, shall
be open for use by public traffic in each direction of travel on Palomar
Airport Road.
5. The City Traffic Engineer has indicated that at a minimum, the No. 1
lane will require closure in one direction on each arterial roadway for
the majority of the Contractor‘s median work. Traffic control on La
Costa Avenue will include a reduced speed zone to 45 Mph in the
28
6.
7.
a.
opposite direction of travel of the lane closure. Safety cones or
delineators will be required on or directly adjacent to the medians in
the opposite direction of travel from the lane closure, between the work
area, and the open traffic lanes. The contractor is advised of these
minimum requirements and shall bid the traffic control accordingly.
A traffic control system consists of closing traffic lanes or pedestrian
walkways in accordance with the details shown on the plans, Federal
Highway Administration (FHWA) Manual on Uniform Traffic Control
Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003
California Supplement and provisions elsewhere in these
Supplemental Provisions. The provisions in this section will not relieve
the Contractor from its responsibility to provide such additional devices
or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all
components of the traffic control system, except portable delineators
placed along open trenches or excavation adjacent to the traveled way,
shall be removed from the traveled way and shoulder at the end work
period. If the Contractor so elects, said components may be stored at
selected central locations, approved by the Engineer, within the limits
of the right-of-way.
No traffic control plans (TCP) or Traffic Control Staging plans (TCP) are
included in the project plans. The Contractor shall have a TCP
prepared and submitted as a part of the Work for any and all
construction activities that are located within the traveled way. The
Contractor must submit the TCP for the Engineer’s review in
conformance with the requirements of the contract and obtain the
Engineer’s approval of the TCP prior to implementing them. The
Contractor shall allow a minimum 14-day review period for this
submittal. Any future modification shall require re-submittal and the 14-
day review period shall pertain to each submittal of TCP, new, modified
or added to, for the Engineer’s review. New or revised TCP submittals
shall include all TCP needed for the entire duration of the Work. Each
phase of the TCP shall be shown in sufficient scale and detail to show
the lane widths, transition lengths, curve radii, stationing of features
affecting the traffic control plan and the methodology proposed to
transition to the subsequent TCP phase. When the vertical alignment
of the traveled surface differs from the finished pavement elevation
vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer
and Chapter 5 of the “Traffic Manual”, 1996 Edition as published by
CALTRANS. Such modification, addition, supplement, and/or new
design of TCP shall be prepared by a registered professional engineer
appropriately registered in the State of California. The Engineer shall
29
9.
be the sole judge of the suitability and quality of any such
modifications, supplements, andlor new designs to TCP. The Engineer
may approve any such modifications, supplements, and/or new
designs to the TCP when, in the Engineer's sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared
by the registered professional engineer retained by the Contractor will
be beneficial to the best interests of the Agency. Such modification,
addition, supplement, and/or new design shall not be implemented and
no work shall be commenced that is contingent on such approval until
the Engineer approves the changed TCP. The preparation of such
modification, addition, supplement, and/or new designs of TCP shall
not presuppose their approval or obligate the Agency in any fashion.
Submittal and review requirements for such modifications,
supplements, and/or new designs to TCP shall conform to these
requirements.
The Contractor shall provide traffic control at the contract lump sum
price bid. The contract lump sum price paid for "traffic control" shall
include full compensation for furnishing all labor (including flagging
costs), materials (including signs), tools, equipment and incidentals,
and for doing all the work involved in preparation, reproduction and
changing of traffic control plans, placing, applying traffic stripes and
pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the
components of the traffic control system as shown on the plans and
approved additions and modifications, as specified in these
supplemental provisions, and as directed by the Engineer. All
expenses and time to prepare and review modifications, additions,
supplements and/or new TCP designs shall be included in the lump
sum bid for traffic control and no additional payment will be made
therefore. Flagging costs will be paid for as a part of the Lump Sum
Amount for 'Traffic Control." The cost of labor and material for portable
concrete barriers will be paid for at the unit price bid. When there is no
bid item the cost of labor and material for portable concrete barriers
they will be paid as an incidental to the work being performed and no
additional payment will be made therefore. Progress payments for
"Traffic Control" will be based on the percentage of the work
completed.
10. If temporary traffic signs are displaced or overturned, from any cause,
during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor
shall maintain all temporary traffic signs used in the Work in a clean,
reflective and readable condition. The Contractor shall replace or
restore graffiti marked temporary traffic signs and posts used in the
Work within 18 hours of such marking being discovered during non-
30 23
working hours or, when the marking is discovered during working
hours, within 2 hours of such discovery of marking.
9.00 SAFETY AND PROTECTION OF WORKERS AND PUBLIC
1. The Contractor shall take all necessary precautions for the safety of
employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to
prevent accidents or injury to persons on, about, or adjacent to the
premises where the work is being performed. The Contractor shall
erect and properly maintain at all times, as required by the conditions
and progress of the work, all necessary safeguards for the protection
of workers and public, and shall use danger signs warning against
hazards created by such features of construction as protruding nails,
hoists, well holes, and falling materials.
10.00 EXTRA WORK
1. 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 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 as
specified here in.
2. 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 Contractor's proposal by the Contract
Administrator. This proposal is subject to acceptance or negotiation by
the Contract Administrator.
3. 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 this section.
4. 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
31 a4
with the verbal authorization, to the Contract Administrator for
approval.
5. All Extra Work shall commence on the specified date established and
Contractor shall proceed diligently to complete said work within the
time allotted.
6. 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.
7. 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 Administrator may
direct the Contractor to proceed by allowing him/her to use the
following percentages as added costs for the markup of all overhead
and profits:
a. Labor ............................ 20
b. Materials.. ................... .I5
C. Equipment Rental.. .......... .I 5
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.”
11.00 MEASUREMENT AND PAYMENT
1. The lump-sum or unit prices set forth in the contract documents shall
include, but not be limited to, full compensation for furnishing all labor,
materials, tools, and equipment and performing all work necessary to
complete, and guarantee the planting work and traffic control described
or specified in the contract documents, including soils testing and
recommended soil amendments, bark mulch, and plant materials, as
well as 90 days’ maintenance and project guarantees. After
completion of the project, and acceptance of the work, the Engineer
will retain $15,000 of the total contract amount, and will subsequently
disburse the $15,000 to the Contractor on a monthly basis of $5,000
32
per month. The Engineer reserves the right to stop payment until all
punch list submitted to the Contractor every month are completed.
12.00 DELAYS AND EXTENSION OF TIME
1.
2.
The Contractor shall provide written notice to the Engineer within two
hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the
Contractor has determined to be caused by the Agency or by any
organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer,
each working day, throughout the duration of such period of delay. The
initial and continuing written notices shall include the classification of
each workman and supervisor and the make and model of each piece
of equipment placed on standby, the cumulative duration of the
standby, the Contractor's opinion of the cause of the delay and a
cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice@)
required by this section the Contractor agrees that no delay has
occurred and that it will not submit any claim(s) therefore.
If delays are caused by unforeseen events beyond the control of the
Contractor, such delays will entitle the Contractor to an extension of
time as provided herein, but the Contractor will not be entitled to
damages or additional payment due to such delays except as provided
herein. Such unforeseen events may include: war, government
regulations, labor disputes, strikes, fires, floods, adverse weather or
elements necessitating cessation of work. No extension of time shall
be granted for a delay caused by the Contractor's inability to obtain
materials unless the Contractor furnishes documentary proof to the
Engineer. The proof must be provided in a timely manner in
accordance with the sequence of the Contractor's operations and the
approved construction schedule.
If delays beyond the Contractor's control are caused by events other
than those mentioned above, the Engineer may deem an extension of
time to be in the best interest of the City. The Contractor will not be
entitled to damages or additional payment due to such delays, except
as provided herein.
3. Extensions of time, when granted, will be based on the effects of
delays to the work. They will not be granted for non-controlling delays
to minor portions of the work unless it can be shown that such delays
did or will delay the progress of the work.
33
4. The Contractor will be compensated for delays to the work for which
the City is responsible. Such actual costs will be determined by the
Engineer. The City will not be liable for damages that the Contractor
could have avoided by reasonable means, such as judicial handling of
forces, equipment or materials. The determination of what damages
the Contractor could have avoided will be made by the Engineer.
5. The Contractor shall provide a written request for time extensions for
unforeseen events beyond his control as described in Section 12.00-2.
The Engineer shall determine if an extension of time will be granted.
34
CITY OF CARLSBAD
MEDIAN REPLANTING MAINTENANCE SERVICES
SPECIAL PROVISIONS SECTION 2
SPECIAL CONSTRUCTION PROVISIONS
Planting Schedule
Quantities Botanical Name Common Name
La Costa Ave. from 1-5 east to Saxonv Road
55 Ba ccha ris pilularis “Dwarf Coyote Bush”
165 Rhamnus californica “Coffeeberry”
85 Rhaphiolepis indica ‘Springtime’ “Indian Hawthorne”
La Costa Ave. from Saxonv Road east to El Camino Real
82 Baccharis pilularis “Dwarf Coyote Bush”
235 Ceanothus griseus horizontalis “Carmel Creeper”
127 Rhamnus californica “Coffee berry”
408 Rhaphiolepis indica ‘Springtime’ “Indian Hawthorne”
Palomar Airport Rd. from Del Norte east to Armada Drive
160 Agapanthus africans “Lily of the Nile”
Palomar Airport Rd. from Armada Drive east to Hidden Vallev Road
155 Agapanthus africans “Lily of the Nile”
6 Myoporum paniifolium (no common name)
Palomar Airport Rd. from Colleqe Drive east to Palomar Oaks Way
38 Agapanthus a fricans “Lily of the Nile”
Palomar Airport Rd. from Palomar Oaks Wav east to Camino Vida Roble
308 Agapanthus a fricans “Lily of the Nile”
Palomar Airport Rd. from Camino Vida Roble east to Yarrow Drive
132 Agapanthus a fricans “Lily of the Nile”
Palomar Airport Rd. from Yarrow Drive east to El Camino Real
176 Agapanthus a fricans “Lily of the Nile“
*All shrubs to be 5 gal.
35
City of Carlsbad Landscape Manual, Policies, and Requirements
D.4-3.5 - Soil
0.4-3.5-1
0.4-3.5-2
D.4-3.6 Median Dlantinq requirements
D.4-3.6-3
D.4-3.6-4
Finish grade shall be 2’’ below the concrete surface of the median.
Soil shall be suitable for plant growth and free of harmful
substances or deleterious materials.
Shrubs shall be 5-gallon minimum size.
Shrub spacing shall be such that 100% coverage should occur
within one year.
Plantinn Notes
1. The Typical Shrub Layout (see Exhibit 1) is diagrammatic and shall be used
solely as a guide for setting out plants prior to planting.
2. Plant counts are for the estimating purposes of the Landscape Contractor
only. Mandatory investigation by the Contractor is required. All plantings and
planting frequencies shall confirm to these specifications and exhibits.
3. Contractor is responsible for all plants listed in the preceding Planting
Schedule.
4. Contractor shall confirm that the irrigation system is fully operational and all
planting areas should be thoroughly soaked prior to planting.
5. Contractor shall remove any existing dead vegetation, trash, clippings, rock
and other debris in planting areas.
6. Contractor shall rake and fine grade all planting areas prior to commencement
of planting operations.
7. Planting pits shall be twice the container width (see Exhibit 1).
8. Soil Amendment Requirements-
Note: The recommended soil preparation should not be done within 3’ of existing
plants, in an effort to not cause harm to healthy plants.
A. La Costa Ave.
1) Soil preparation in rates per 1,000 square feet, blend the
following 6’’ deep:
Ammonium sulfate (21-0-0) - 5 pounds
Potassium sulfate (0-0-50) - 6 pounds
Triple superphosphate (0-45-0) - 4 pounds
Agricultural gypsum - 30 pounds
Soil amendment - 3 cubic yards
Ammonium sulfate (21-0-0) - 114 pounds
Potassium sulfate (0-0-50) - 1 /4 pounds
Triple superphosphate (0-45-0) - 1/4 pounds
Agricultural gypsum - 1.5 pounds
Soil amendment - 25% by volume
2) Preparation of backfill mix in rates per cubic yard:
36
B. Palomar Airport Rd.
1) Soil preparation in rates per 1,000 square feet, blend the
following 6” deep:
Calcium nitrate (1 5.5-0-0) - 6 pounds
Potassium sulfate (0-0-50) - 10 pounds
Triple superphosphate (0-45-0) - 4 pounds
Agricultural gypsum - 50 pounds
Soil amendment - 3 cubic yards
Calcium nitrate (1 5.5-0-0) - 1 /4 pounds
Potassium sulfate (0-0-50) - 1/2 pounds
Triple superphosphate (0-45-0) - 114 pounds
Agricultural gypsum - 1 pound
Soil amendment - 25% by volume
a. Humus material shall have an acid-soluble ash content of no less than
6% and no more than 20%.
b. The pH of the material shall be between 6 and 7.5.
c. The salt content shall be less than 10 millimho/cm @ 25°C. on a
saturated paste extract.
d. Boron content on the saturated extract shall be less than 1.0 parts per
million.
e. Silicon content (acid-insoluble ash) shall be less than 50%.
f. Calcium carbonate shall not be present if to be applied on alkaline soils.
g. Types of acceptable products are composts, manures, mushroom
composts, straw, alfalfa, peat mosses, etc. low in salts, low in heavy
metals, free from weed seeds, free of pathogens and other deleterious
materials.
h. Composted wood products are conditionally acceptable [stable humus
must be present]. Wood based products are not acceptable which are
based on redwood or cedar.
i. Sludge-based materials are not acceptable if the soil already has a high
level (toxic level) of zinc, copper or other heavy metals based on soil
analysis.
j. Carbon:nitrogen ratio is less than 251.
k. The maximum particle size shall be 0.5 inch, 80% or more shall pass a
No. 4 screen for soil amending. The maximum particle size shall be 0.25
inch for hydroseeding.
2) Preparation of backfill mix in rates per cubic yard:
9. Soil amendment:
37
Maximum total permissible pollutant concentrations in amendment in parts
per million on a dry weight basis:
arsenic 20 copper 150 selenium 50
cadmium 15 lead 200 silver 10
chromium 300 mercury 10 vanadium 200
cobalt 50 molybdenum 60 zinc 300
nickel 100
Higher amounts of salinity or boron may be present if the soils are to be
preleached to reduce the excess or if the plant species will tolerate the
salinity and/or boron.
IO. Contractor shall leach after planting to reduce the sodium and magnesium.
11. Shrubs shall be fertilized at the time of planting with 21-gram agriform tablets
at the following rate: 5-gallon size-3 tablets.
12. Post planting fertilization shall be performed by contractor at 30, 60, and 90
days after planting.
13. Plants shall not be placed within 6” (minimum), 12” preferred, of overhead
spray irrigation heads.
14. Provide a 2” layer of +/-I” decorative bark for all planting areas. Submit
sample to City Inspector for approval prior to “bulk delivery” to site.
38
Exhibit I
\
(WP. 14' x 20')
24 - 5 gallon 3' O.C. spacing
n TYPICAL SHRUB LAYOUT NTS I I . -. . .-
0 ROOTBALL, SET CROWN I" @ 2" BASIN BERM FUR 5HRLJ85
@ LAYER OF MULCH (SEE PLANTING @ FINISH GRADE 5PECIFICATIONS FOR DEPTH)
ABOVE GRADE
@ FERTILIZER TABLET 0
@ PLACE OVER @ CLA54 A TOPSOIL BACKFILL
PLANTIN6 HOLE - 2 TIME5
CONTAINER NDTH PER 501LS REPORT
NATIVE SUBGRADE
TYPICAL 5HRUB PLANTING N.T.S
38
REQUEST FOR PROPOSALS
RFB NO. 06-04 DATE DUE November 1,2005
11:oo AM
FOR: MEDIAN REPMINO MAINTENANCE SERVICES
The City of Carlsbad is requesting proposals for median landscape and open space replanting maintenance
services per the attached specifcations. Your proposal must be submitted as described In the attached Request for Proposal. Additional dourmentation may be added if desired. Ptease review the entire
package before submitting your proposal. Incomplete sobmissions may be rejected €I$ non-responsive. our goal is to have the successful contractor providing services as soon as possible after SelaEdiOn. The agreement will be for a 20 Working Day term for completion of the work end a 90 Caiendar Day
Maintenance Period following.
In accordance with Carlsbad Municipal Code Sections 318.030 and 3.28.050(8) awards shall be based on
a best value evaluation. Criteria used for tfie evaluation will indude: cost, expeftence of vendor, capability
of vendor (equipment, staff qualifmtions, kngth of time in business, company resouTcB8, references etc.), ability to provide timely service, other qualifications and unspecified value-added Mwlngs by the vendor. The awarding authority's determination and seledion shafl be final.
We will expect the selected vendor to sQn a contrack A sample contrad is attached whkh includes the
scope of services. You must consider the terrns and conditions in the sample contract to be part of your proposal. Please read the insurance requirements and general provisions carefully. Please do not execute the contract at this time.
The City reserves the right to reject any or all praposals or any part of the proposal, to waive minor defects
or technicalities, or to solicit new proposats.
Please direct questions about the proposal specifications to Dale A. Schuck, General Services Dtvision, at
760-434-2949. Please direct questions about the proposal process in general to John DeRego, Purchasing
Department, at 760-602-2467.
GUARANTEE OF GOOD FAITH REQUIRED:
$ NONE {FAlLURE TO SUBMIT GUARANTEE OF GOOD FWTN, WHEN REQUIRED, WILL VOID YOUR PROPOSAL. SEE ITEM 3, PAGE
2, GENERAL PROVISIONS.
THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINOR17Y- AND WOMEN-
OWNED BUSINESSES
1
33
LtST OF SUBMITTALS
The following items must be submitted with your proposal. Omissions may be cause to
consider your proposal non-responsive in the City's sole discretion.
Completed Proposed Cost of Service Chart.
Vendor's Statement of Financial Responsibility.
Vendor's Statement of Experience and References. . Vendor's Statement of Ability to Provide Services
Vendor's Statement of Unspecified Value-Added Offerings.
Vendor's Statement of Compliance with Insurance Requirements.
2
MINIMUM VENDOR QUALlFlCATlONS
1. The Vendor is required to have a minimum of two (2) years in business performing
commercial landscape maintenance service.
2. The Vendor is required to be a currently licensed C27 Landscaping contractor by
the State of California Contractors Licensing Board.
EVALUATION OF PROPOSAL
I. The Vendor shall not be relieved from assuming all responsibility for properly
estimating the difficulties and the cost of performing the sewices required with this
specification, because of failure to investigate the conditions or the Vendor's failure to become acquainted with all the information concerning the sewices to be
performed.
2. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation. Criteria used for the evaluation will include: cost, references and
experience of vendor, capability of vendor (equipment, staff qualifications, length of
time in business, company resources, prior past performance on similar City of Carlsbad or other public agency maintenance contracts etc.), ability to provide
timely service, other qualifications and unspecified value-added offerings by the
vendor. The awarding authority's determination and selection shall be final.
3. Each vendor, by the submission of a proposal, assents to each and every term and condition set forth within this specification and attached agreement and, upon
award, agrees to be bound thereby.
4. Any proposal which is incomplete, conditional or obscure, or which contains irregularities of any kind, may be cause for rejection in the City's sole discretion.
5. It is the vendor's responsibility to ensure that all addenda issued are incorporated in their submitted proposal. Failure to acknowledge and incorporate addenda may
be cause for a City determination of vendor's "non-responsiveness."
6. If a vendor takes any exceptions to any part of these specifications as written, or as amended by any Addenda subsequently issued, they must do so in writing at the time of proposal submission. Failure to do so will be construed as acceptance
of all provisions of the specifications.
3
34
VENDOR'S PROPOSED COST OF SERVICE*
The matrix below describes four items upon which the City requests a proposal. Please note
that the numbers listed in the "Quantity and Units'' category of the matrix below are
estimates only, and will not be used for any purpose other than to compare proposals
received in response to this Request for Proposal. The actual payments made to the
Vendor will be based on the Vendor's actual work performed for the City consistent with
the terms and conditions of the contract documents.
The undersigned declares helshe has carefully examined the locations of the work, read the
Request for Proposal, examined all specifications, and hereby proposes to furnish all labor,
materials, equipment, transportation, and services required to do all the work in this Median
Replanting Maintenance Services Agreement in accordance with the specifications of the City of
Carlsbad, and the General Provisions and that he/she will take in full payment therefore the
following unit prices for each item complete, to wit:
Median Replanting of
La Costa Avenue 1. 1
I I I
Median Replanting of
Palomar Airport Road
1 Traffic Control for La
3. i Costa Avenue xtended Amou
(LumP Sum)
$5,000.00 $5,000.00
(Extended Amount)
'Estimate based on historical experience is for proposal comparison purposes only. Extra Work is not I
guaranteed. The actual payments made to the Vendor will be based on the Vendor's a&al work performed for
the City consistent with the terms and conditions of the contract documents, and may ba different from the
Note: This Agreement is subject to prevailing wage laws, Labor code Section 1770 et seq. prices estimated above. \
4
OPENED, WITNESSED AND RECORDEO
$1 .t
PROPOSED cosr OF SERV~CE - PAGE 2 OF 2
Total amount of Vendor's proposal per agreement year in numbers:
In the event of a discrepancy between the total amount of Vendor's proposat the correctly
extended bid items will govern.
Price(s) given above are firm for 90 days after date of proposal opening,
Addendurn(a) No(s). * hadhave been received and islare included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omission on the part of the Undersigned in
preparing this proposal.
The Undersigned agrees that in case of default in executing the required City Contract with the necessary insurance policies within twenty (20) calendar days from the date of award of agreement by the City, the City may at its option and without providing further notice to the apparent best value Vendor administratively authorize the award of the
contract to the Best Value Vendors in descending rank.
5
37
VENDOR'S STATEMENT OF FINANCIAL RESPONSlSlLITY
A copy of the Vendor's annual report shall be provided. If an annual report is not ava#able, such other information shall be provided to show financial stability of the Vendor. Information may be submitted under
separate cover marked "CONFIDENTIAL". Information in a form other than an annual report shall be signed Stnder penalty of perjury under the taws of the State of California". An attachment may be used.
6
- . . . _. . . . .. . . . . , , . . . . - .. . . . . .. .- - _. . __ " .-__..
I
VENDOR'S STATEMENT OF EXPERIENCE AND REFERENCES
The Vendor is required to state what work of B similar character to that included in the proposed Contract helshe has successfully performed and give references, with telephone numbers, Mi will enable the City to judge hisher responsibility, experience and skill and business standing. The Vendor Is requked to
provide a minimum of three (3) refefences where work was performed within the past three (3) yeam af a
similar size and nature to this contract An attachment can be used.
7
37
VENDOR'S STATEMENT OF ABILITY TO PROVIDE SERVICES
The Vendor is required to make 8 statement of how services will be provided. Include: Time period
between award and start of service, number of personnel to be used providing services, experience of
personnel, numbers and type of equipment to be used, how quickly urgent but unplanned services can be
provided, and any other information you can offer that will help determine your ability to provide contracted
services. The Vendor is required to submit data that indicates the use of a uniform and detailed method by
which he or she proposes to define, schedule, record, update and process installath, repair and
maintenance tasks and service reports. This program shall be computer generated.
The City of Carlsbad reserves the right to evaluate the competency and responsibility of all proposing service companies and to evaluate the ability of any proposlng company to perform all conditions of the contract to assure the award of this contract to a firm able to produce the quality of seFJice required and
intended by these specifications.
The Vendor shall provide a statement of technicians' qualifications and experience in accordance with me
fotlowlng requirements:
The Vendor shall provide qualified fieid personnel to provide landscape planting and associated landscape
services.
Vendor's field technicians must have a minimum of two (2) years of journey level experience in commerclal
landscape installation, repair and maintenance.
The Vendor's employees may be required to pass a background check andlor random background checks. The City of Carlsbad will determine the frequency of background checks and wilt notify the Vendor in writing
of the acceptability of the Vendor's employees. The Vendor agrees the City of Carlsbad will be the sole
judge of the suitability of the Vendor's employees to perform any work on City of Carlsbad owned or
maintained property.
(ATTACH VENDOR'S STATEMENT OF ABILITY TO PROVIDE SERVICES HERE)
8
VENDOR'S STATEMENT OF UNSPECiFIED VALUE-ADDED OFFERINGS
List items or services you are offering in addition to those required by the aftached specifcations OT scope of work, offered as part of your proposal and included in your proposal pricing, If. If none, please state
'none," Attachments may be used.
9
VENDOR'S STATEMENT OF COMPLIANCE WtTH CITY OF CARLSBAD'S INSURANCE REQUIREMENTS (Please see Contract, Page 23, Section 13)
The Vendor must attach either of the following items to this page, and submit with hislher proposal;
1) Certificates of insurance showing conformance with the City's contract insurance requirements herein for:
Comprehensive General Liability lnsurance
Automobile Liability Insurance
Workers' Compensation Insurance
Employer's Liability Insurance
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Vendor, will issue to the Vendor policies of insurance for Comprehensive General Liability, Automobile Liability, Workers' Compensation and Employer's Liability
in conformance with the requirements herein and Certificates of Insurance to the City showing
conformance with the requirements herein.
,411 certificates of insurance and statements of willingness to issue insurance for auto policies offered to
meet the specification of this contract must:
I) Meet the conditions stated in the included contract for each insurance company that the Vendor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non- owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Within twenty (20) calendar days after City's notification of award of contract to Vendor all
required insurance documents must be submitted to the City's Purchasing Officer. Vendor's failure to provide the City-required insurance certificates showing specified coverage within this time frame may be cause for the contract award to be rescinded in the Clty's sole discretion.
Vendor's Acknowledgement (signature)
10