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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. I 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 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 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: 1. 2. 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 Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 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 1 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. 2 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. 3 7 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 4 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 5 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. 6 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. 7 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 8 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. ... ... ... ... ... ... ... ... 9 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: 10 CITY OF CARLSBAD MEDIAN REPLANTING MAINTENANCE SERVICES SPECIAL PROVISIONS SECTION I-GENERAL PROVISIONS 1 .OO GENERAL SCOPE OF WORK 1. 2. 3. 4. 5. 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