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HomeMy WebLinkAbout2008-06-10; City Council; 19471; Award of contract for landscape servicesCITY OF CARLSBAD - AGENDA BILL AB# ! 9,471 MTG. 6/10/08 DEPT. PW/GS AWARD OF CONTRACT FOR PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERVICES BID NO. 08-18 DEPT. HEAD^g^ CITY ATTY. <^fg CITY MGR. \jj^^ RECOMMENDED ACTION: Adopt Resolution No.2008-165 accepting the bid and awarding the contract to Sergio Graham, Inc., DBA Westturf Landscape Maintenance, for Parks and Facilities Landscape Maintenance Services, Bid No. 08-18, for an amount not-to-exceed $597,144 in the initial two-year agreement term, and authorizing an increase to the previous agreement term compensation amount by 20% in each subsequent two-year agreement period to a maximum total compensation amount of $2,173,605 throughout the allowable contract term, and authorizing the Public Works Director, or his designated representative, to add additional work locations or to increase service frequencies up to the limits authorized for each two-year agreement term. ITEM EXPLANATION: The City of Carlsbad utilizes contract parks and facilities landscape maintenance for fourteen City-owned facilities, ten public parks, and portions of the citywide trail system. This service has been traditionally performed by a service contractor. Utilizing a service contractor allows the City to provide these services without the need to increase staffing, purchase and maintain expensive specialty equipment, and allows staff resources to be allocated to our core maintenance functions. This contract combines two previous landscape maintenance contracts, one for parks and facilities landscape maintenance, and one for trails maintenance. Staff believes combining the agreements resulted in attracting additional bidders, economy of scale, and reduced overhead to administer separate agreements. The Carlsbad Municipal Code authorizes the City Manager to approve amendments to existing agreements by a maximum of 25% of the original contract amount without prior approval by the City Council. Several of our long-term agreements have reached this limit in a short period of time. Some of the reasons for this are the addition of infrastructure to the City's inventory, allowable annual compensation increases in accordance with the rise in the Consumer Price Index for San Diego County, and needed increases in service frequencies to maintain the quality of service expected in the City of Carlsbad. Service contracts that have reached the allowed maximum compensation in the last three years include HVAC Maintenance Services, Landscape Maintenance Services, Median Maintenance Services, Streetlight Damage Repair Services and Traffic Signal Maintenance Services. Additionally, another contracting issue staff has identified is the requirement to process formal amendments to existing agreements to add relatively minor additional work items. In the previous parks and facilities landscape maintenance contract, addition of any items not included in the original bid required a formal amendment to the agreement and City Manager approval within his/her signature authority. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED OT DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dn D D DEPARTMENT CONTACT: Dale A. Schuck, (760) 802-5788, dschu(o>ci.carlsbad.ca.us Page 2 In order to address these two issues, staff is recommending that Council authorize an increase to the annual compensation amount by a total of 20% in each two-year agreement period to accommodate infrastructure growth, allowable compensation increases, and to allow flexibility in service intervals to meet quality standards. This requested increase is based on historical inflation averages in the Consumer Price Index for San Diego County and projected project completion of Capital Improvement Projects including the Library Learning Center, Police and Fire Training Facility, Alga Norte Park, the Public Works Center, and various other trailheads, parks or facilities. Staff is also recommending that Council authorize the Public Works Director, or his designated representative, to increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits authorized during the course of each agreement period to allow day-to-day management of parks and facilities landscape maintenance service operations. On a bi-annual basis, a formal amendment will be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next agreement year. Staff is also recommending that Council approve a total maximum compensation amount of $2,173,605 over the maximum six-year period of the agreement. The City Clerk published a Notice Inviting Bids for this service agreement. Seven (7) bids were received, opened, witnessed, and recorded on April 15, 2008. The bid amounts ranged from $248,809 to $460,240 per agreement year. The bids were reviewed by the Public Works Department and were as follows: Westturf New Way Parkwest Aztec Nissho Shasta Trugreen $248,809 $250,676 $267,310 $320,438 $376,760 $391,796 $460,240 In accordance with the Municipal Code, a best value evaluation was completed. Each contractor's bid was evaluated against the following criteria: Cost of Service Ability to Provide Service Previous Performance and References Quality of Service Responsiveness to Specifications Unspecified Value Added offerings Westturf Landscape Maintenance was evaluated the highest due to its submitted cost for service, ability to provide service, previous performance and references, quality of service, responsiveness to specifications and value added offerings. Based on the results of the best value evaluation, staff recommends that Council accept the bid and award a contract to Westturf Landscape Maintenance. Staff wishes to recommend that Council approve this agreement for a two-year period and authorize the City Manager to approve a maximum of two additional two-year extensions. There are two primary reasons for establishing a two-year cycle with this and other major maintenance agreements. Two-year agreements establish a cost basis for two years instead of the traditional one-year period and limit cost of living compensation increase requests over the life of the agreement. General Services also administers dozens of large and complex maintenance agreements. Extending the agreement period to two years minimizes the number of amendments to extend and greatly reduces the staff overhead required to process these amendments. PageS Staff wishes to inform Council that the bid is intended to establish bid item costs for each individual item of work. The actual amount will vary depending on the actual services provided. Since payment to the contractor will be for actual work performed the amount paid will likely exceed the actual bid amount. Staff is requesting that Council approve an additional $99,526 (20%) in funding for the bid from Westturf Landscape Maintenance to ensure that funds are available to add work during the initial two-year agreement term as infrastructure is completed and accepted by the City, and to ensure that funds are available in the event that the actual work exceeds the estimates indicated in the bid documents. ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301(c). FISCAL IMPACT: This contract is funded from the Facilities Maintenance Operating Budget - General Fund, Parks Maintenance Operating Budget - General Fund, and the Trails Maintenance Budget - General Fund. Sufficient appropriations are available to fully-fund the agreement. The contract amount for the parks and facilities landscape service agreement is provided by contract years in the table below: CONTRACT YEARS Contract Years 1 & 2 Contract Years 3 & 4 Contract Years 5 & 6 TOTAL NOT-TO-EXCEED CONTRACT AMOUNT CONTRACT AMOUNT $597,144 $716,573 $859,888 $2,173,605 In summary, this is up to a six-year parks and facilities landscape maintenance service agreement based on the selected best value contractor's bid of $248,809 per agreement year. The Public Works Department is recommending an additional $99,526, approximately 20% of the bid amount, be added in the first contract term. As such, the total contract cost for the initial two-year agreement period is $597,144. The Public Works Department is also recommending that Council authorize increases to the contract as needed by an additional 20% of the contract amount in each subsequent two-year agreement period to account for increases in the City's assets requiring parks and facilities landscape maintenance services. This increase is cumulative with increases allowed in previous agreement terms. The calculated amounts per two-year term establish the not-to-exceed limit of the agreement $2,173,605. The actual annual payments to the contractor will be based on the costs of services provided, on a time and material basis, within each two-year term of the agreement. The work completed will be inspected and verified by Public Works Department staff prior to authorization of each payment. EXHIBITS: 1. Resolution No. 2008-165 accepting the bid and awarding the contract to Sergio Graham, Inc., DBA Westturf Landscape Maintenance, for Parks and facilities landscape Maintenance Services, Bid No. 08-18, for an amount not-to-exceed $597,144 in the initial two-year agreement term, and authorizing an increase to the previous agreement term compensation amount by 20% in each subsequent two-year agreement period to a maximum total compensation amount of $2,173,605 throughout the allowable contract term, and authorizing the Public Works Director, or his designated representative, to add additional work locations or to increase service frequencies up to the limits authorized for each two-year agreement term. 2. Parks and Facilities Landscape Maintenance Services Contract. 1 RESOLUTION NO. 2008-165 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, ACCEPTING THE BID AND AWARDING THE CONTRACT TO SERGIO GRAHAM, INC., DBA WESTTURF LANDSCAPE 4 MAINTENANCE, FOR PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERVICES, BID NO. 08-18. 5 WHEREAS, the City of Carlsbad requires the services of an landscape maintenance c services contractor; and WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a 8 qualified contractor, Westturf Landscape Maintenance; and 9 WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 10 3.28.050 was performed by staff and has resulted in staff's determination that the bid submitted by 11 Westturf Landscape Maintenance, at $248,809 per agreement year is the best value to the City of 12 Carlsbad; and WHEREAS, staff recommends Council approve an additional $99,526 in funding for the ] 3 bid from Westturf Landscape Maintenance, in the initial two-year agreement term to ensure that 14 funds are available to add work during the two-year agreement term as infrastructure is completed 15 and accepted by the City and to ensure that funds are available in the event that the actual work 16 totals exceed the estimates indicated in the bid documents; and WHEREAS, staff recommends award of the contract for Bid 08-18 Parks and Facilities 18 Landscape Maintenance Services to Westturf Landscape Maintenance, in an amount 19 not-to-exceed $597,144 in the initial two-year agreement term; and 20 WHEREAS, staff recommends Council authorize an increase of 20% in funding in each 21 subsequent two-year agreement period to a maximum compensation amount of $2,173,605 during 22 the maximum six-year life of the agreement to ensure that funds are available to add work during the agreement year as infrastructure is completed and accepted by the City, to ensure that funds tO are available in the event that the actual work totals exceed the estimates indicated in the bid 24 documents, and to ensure that sufficient funds are available to fund increases in compensation to 25 the contractor in an amount not-to-exceed the Consumer Price Index for San Diego County in the 26 preceding two-year term; and 27 28 1 WHEREAS, staff recommends Council authorize the Public Works Director, or his 2 designated representative, to increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits 3 authorized during the course of each agreement year to allow day to day management of parks and facilities landscape maintenance operations. Bi-annually, for a maximum six-year agreement 5 term, a formal amendment will be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next two-year agreement term; and WHEREAS, sufficient appropriations are available in the Facilities Maintenance Operating Budget - General Fund, the Parks Maintenance Operating Budget - General Fund, and Q the Trails Maintenance Operating Budget - General Fund to fully fund the agreement. 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 10 California, as follows: 1. That the above recitations are true and correct. 2. The bid of Sergio Graham, Inc., DBA Westturf Landscape Maintenance, P.O. 12 Box 1706, Vista, CA 92085, is the best value. 3. The bid of Sergio Graham, Inc., DBA Westturf Landscape Maintenance is hereby 14 accepted. 4. That an additional $99,526 in funding is authorized in the initial two-year term and increases of 20% in funding in each subsequent two-year agreement period are authorized. 16 5. That the maximum compensation amount will not exceed $2,173,605 over the 17 maximum six-year period of the agreement. 18 6. That the Public Works Director, or his designated representative, is authorized increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits authorized during the course of each agreement year to allow day to day management of parks and facilities landscape maintenance 21 service operations. 22 7. That bi-annually, for a maximum six-year agreement term, a formal amendment 23 will be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next two-year agreement term.24 8. That the Mayor of the City of Carlsbad is hereby authorized and directed to 25 execute an agreement with Sergio Graham, Inc., DBA Westturf Landscape Maintenance, for an 26 amount not-to-exceed $597,144 in the initial two-year agreement term, for and on behalf of the 27 City of Carlsbad. 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of June, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Nygaard. NOES: None. ABSENT: Packard. ATTEST: LORRAINE.M. WOOD, CityClerk3 (SEAL) AGREEMENT FOR PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Sergio Graham, Inc. DBA Westturf Landscape Maintenance THIS AGREEMENT is made and entered into as of the lOtb day of June , 20 08, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Sergio Graham, Inc. DBA Westturf Landscape Maintenance, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a landscape maintenance contractor that is experienced in maintaining facilities, parks and trails areas landscape. B. Contractor has the necessary experience in providing professional services and advice related to landscape maintenance services. 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, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two-years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed Seven Hundred Sixteen Thousand, Five Hundred and Seventy-three dollars ($716,573) in the first two year extension period and not to exceed Eight Hundred Fifty-nine Thousand, Eight Hundred and Eighty-eight dollars ($859,888) in the second two year extension period. Total compensation under this agreement shall not exceed Two Million, One Hundred Seventy-three Thousand, Six Hundred and Five dollars. Payments will be made on a time and materials basis for actual work performed by the contractor and the total compensation amounts are not guaranteed. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds Bid 08-18 Parks and Facilities Landscape Maintenance Services by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the aggregate San Diego Consumer Price Index changes over the previous agreement period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's landscape maintenance work will be by paid at a fixed cost rate for scheduled maintenance and at an hourly rate plus parts as indicated in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement term will not exceed Five Hundred Ninety-seven Thousand, One Hundred and Forty- four dollars ($597,144). 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 bid. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, OSHA standards and any other regulatory requirements. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. The Contractor shall submit invoices to the Inspector, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. Bid 08-18 Parks and Facilities Landscape Maintenance Services If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to negotiate, accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the aggregate San Diego Consumer Price Index changes over the previous contract period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. Compensation increases will not be authorized prior to the end of each contract period. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute 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 Bid 08-18 Parks and Facilities Landscape Maintenance Services 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. 10. 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 by any negligence, recklessness, or willful misconduct 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. 11. 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". 11.1 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. 11.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate Bid 08-18 Parks and Facilities Landscape Maintenance Services 4 ID limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability If the use of an automobile is involved for Contractor's work for City, $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 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. 11.1.5 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on General Liability. 11.2.2 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. 11.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.3 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. 11.4 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. 12. BUSINESS LICENSE Bid 08-18 Parks and Facilities Landscape Maintenance Services 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. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. 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. 16. 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. Bid 08-18 Parks and Facilities Landscape Maintenance Services For City: For Contractor: Name Dale A. Schuck _'. 0 ic\ r&w\a vA* Title Public Works Superintendent Department PW/General Services Address "7Q\ ^A&rosvA-VvVe City of Carlsbad M^\K cA Address 405 Oak Avenue Phone No. 7|<?0 (oS£) Carlsbad. CA 92008 Phone No. (760) 434-2949 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. 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. 18. 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. Bid 08-18 Parks and Facilities Landscape Maintenance Services 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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 ninety (90) 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. 22. 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 Bid 08-18 Parks and Facilities Landscape Maintenance Services 8 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. 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. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Bid 08-18 Parks and Facilities Landscape Maintenance Services \h 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR *By: ign here) __ , (print name/title)ATTEST: LORRAINE M. WOOD (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor1 must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALLJ^ity Attorney By: JL/JL Deputy City Attorney Bid 08-18 Parks and Facilities Landscape Maintenance Services 10 \(c EXHIBIT A MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 CONTRACTOR shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein. 1.03 CONTRACTOR is hereby required to render and provide landscape and grounds maintenance services including, but not limited to; shaping, trimming and training of trees, shrubs and ground cover plants; fertilization; cultivation; weed control; control of all plant diseases and pests; sweeping; irrigation and drainage systems; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to maintain attractive facilities, parks and trails areas landscape. 1.04 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this CONTRACT may result in deductions from payment. 1.05 CONTRACTOR shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this CONTRACT. 1.06 CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies, to the satisfaction of the CONTRACT ADMINISTRATOR, within one (1) hour of notification. 1.07 The CONTRACTOR shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate steps to correct any observed Bid 08-18 Parks and Facilities Landscape Maintenance Services 11 irregularities, and submit a written report regarding such circumstances to the CONTRACT ADMINISTRATOR. 1.08 CONTRACTOR shall clearly identify and equip each vehicle used at said facilities, parks and trails areas with decals on the exterior right and left front door panels, identifying the CONTRACTOR'S name, address and phone number. 1.09 CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards. 1.10 CONTRACTOR shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 1.11 CONTRACTOR shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the CONTRACT ADMINISTRATOR, the CONTRACTOR is not in compliance with this provision City reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge the CONTRACTOR for implementation with a 15% markup for administration and overhead. 2.00 FACILITIES. PARKS AND TRAILS AREAS TO BE MAINTAINED 2.01 The facilities, parks and trails areas to be maintained under the provisions of this CONTRACT are located at the following areas: FACILITIES Arts Office 2955 Elmwood Avenue City Hall 1200 Carlsbad Village Drive City Administration Building 1635 Faraday Avenue Dove Library 1775 Dove Lane Farmers Insurance Building 5815 El Camino Real Georgina Cole Library 1250 Carlsbad Village Drive Bid 08-18 Parks and Facilities Landscape Maintenance Services 12 Harding Community Center Las Palmas Building Learning Center Maintenance & Operations Building Safety Center Senior Center Streets & Facilities Maintenance Building Swim Complex 3096 Harding Street 2075 Las Palmas Drive 3368 Eureka Place 5950 El Camino Real 2560 Orion Way 799 Pine Avenue 405 Oak Avenue 3401 Monroe Street PARKS Car Country Park Carrillo Ranch Slopes Hosp Grove Park 5465 Paseo Del Norte 6200 Flying L.C. Lane 2210 Jefferson Street Ann D. L'Heureux Memorial Dog Park 2700 block of Carlsbad Village Drive Maxton Brown Park 2500 State Street Oak Park 3050 Pio Pico Street Orion Way Ball Field 2560 Orion Way Pio Pico Park 2700 block of Pio Pico Street Segovia Accesses Skate Park Back entries to La Costa Heights Elementary School 2560 Orion Way TRAILS AREAS Bid 08-18 Parks and Facilities Landscape Maintenance Services 13 Calavera Hills Trailhead Carlsbad Village Drive & College Blvd Coastal Rail Trail (Inclusive) Between Tamarack Ave and Oak Ave Hosp Grove/Rotary Trailhead Monroe Street - South of Marron Road Hosp Grove/Wickham Trailhead Wickham Way - East of Monroe Street 2.02 CONTRACTOR acknowledges personal inspection of the facilities, parks and trails areas and the surrounding areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 Monthly invoices shall be prepared separately for facilities, parks and trails areas, in the following format: Invoice 1 - Facilities: Location Account Number Monthly Cost Arts Office 0015060-7550 $xxx.xx City Hall $ xx.xx City Administration Building $xxx.xx Dove Library $xxx.xx Farmers Insurance Building $xxx.xx Georgina Cole Library $xxx.xx Harding Community Center $xxx.xx Bid 08-18 Parks and Facilities Landscape Maintenance Services 14 Maintenance & Operations $xxx.xx TOTAL MOTHLY COST $x,xxx.xx Invoice 2 - Parks: Location Account Number Monthly Cost Car Country Park Carrillo Ranch Slopes Hosp Grove Park Larwin Park Maxton Brown Park Oak Park Orion Way Ball Field Pio Pico Park 0015020-7550 TOTAL MOTHLY COST $xxx.xx $xxx.xx $xxx.xx $xxx.xx $xxx.xx $ xx.xx $xxx.xx $xxx.xx $x,xxx.xx Invoice 3 - Trails Areas: Location Account Number Monthly Cost Calavera Hills Trailhead Coastal Rail Trail Hosp Grove/Rotary Trailhead Hosp Grove/Wickham Trailhead 0015023-7550 $xxx.xx $ xx.xx $xxx.xx $xxx.xx TOTAL MOTHLY COST $x,xxx.xx 3.03 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. 3.04 In the event the CITY transfers title or maintenance responsibility of the premises or a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly. Bid 08-18 Parks and Facilities Landscape Maintenance Services 15 3.05 The CONTRACT ADMINISTRATOR may, at his discretion, add new facilities, parks or trails areas to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities, parks, trails areas or services that are designated after the date of the commencement of this CONTRACT based on the submission of an approved maintenance bid, consistent in all respects with this CONTRACT, and shall contain all information as required in the REQUEST FOR BIDS. The bid cost shall not exceed the cost to provide maintenance for similar facilities, parks or trails areas being maintained under this CONTRACT. 3.06 Additional compensation may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix A). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility, park or trail area as described in Section 2.01. 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the CONTRACTOR to correct a deficiency within the said specified time Bid 08-18 Parks and Facilities Landscape Maintenance Services 16 frame. The parties hereby agree that a reasonable estimate of such damages is One Hundred Fifty Dollars ($150.00) per day per facility, park or trail area, as described in Section 2.01. CONTRACTOR shall be liable to CITY for liquidated damages in said amount. Said amount shall be deducted from CITY'S payment to CONTRACTOR; and/or having given five (5) working days notice to the CONTRACTOR to correct the deficiencies, if after said 5 days the CONTRACTOR fails to complete the required corrections, CITY may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by alternate forces will be deducted and forfeited from the payment to the CONTRACTOR. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the facilities, parks and trails areas. 6.00 EXTRA WORK Bid 08-18 Parks and Facilities Landscape Maintenance Services 17 6.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices or is significantly different than the CONTRACTOR'S other work areas. Areas added that are of similar size and scope to the CONTRACTOR'S current work shall be compensated as indicated in Section 3.05. Areas that do not meet the criteria indicated in Section 3.05 are subject to adjustment in payment in accordance with Extra Work. Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 7.00 or on a TIME AND MATERIALS basis in accordance with Section 8.00. 6.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 6.03 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. 6.04 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 the Section 8.00. 6.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 6.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. Bid 08-18 Parks and Facilities Landscape Maintenance Services 18 7.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 7.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 7.02 Prior to performing any 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. 7.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 8.00 TIME AND MATERIALS 8.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for 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. 8.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor 15 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures 15 9.00 CONTRACTOR'S DAMAGES 9.01 All damages incurred to existing facilities, parks and trails areas by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. •Bid 08-18 Parks and Facilities Landscape Maintenance Services 19 /- - 9.02 All such repairs or replacements, which are directed by the CONTRACT ADMINISTRATOR to be done by the CONTRACTOR, shall be completed within the following time limits. A. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. B. All other damages to landscape, turf, facilities, parks or trails areas shall be repaired or replaced within five (5) working days. 9.03 Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices: A. Trees: Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the CONTRACT ADMINISTRATOR. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub. 10.00 COMMUNICATIONS AND EMERGENCY RESPONSE 10.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, toll free to a San Diego region area code, at which the CONTRACTOR or CONTRACTOR'S responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the CONTRACT ADMINISTRATOR or other CITY personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that the CONTRACTOR responds to the CITY by return call within one hour of the CITY'S original call. 10.02 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. 10.03 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any complaint is not abated within 24 hours, the Bid 08-18 Parks and Facilities Landscape Maintenance Services 20 CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not abating the complaint followed by a written report to the CONTRACT ADMINISTRATOR within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may correct the specific complaint and the total cost incurred by the CITY will be deducted and forfeit from payments owing to the CONTRACTOR from the CITY. 10.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 10.05 CONTRACTOR'S supervisor and foreman shall carry digital pagers with local San Diego region area code. Supervisor and foreman shall respond to any page from the CITY within ten minutes at any time, 24 hours per day. The CITY shall not page CONTRACTOR'S foreman except during normal working hours or in case of emergency. 11.00 SAFETY 11.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said facilities, parks and trails areas, and keep a log indicating date inspected and action taken. 11.02 It shall be the CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The CONTRACT ADMINISTRATOR shall be notified immediately of any unsafe condition that requires major correction. CONTRACTOR shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 11.03 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence on the premises of accident, injury, or Bid 08-18 Parks and Facilities Landscape Maintenance Services 21 persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 12.00 TRAFFIC CONTROL 12.01 Prior to any work in the public right-of-way, the CONTRACTOR shall submit typical traffic control plans for approval for work performed in the CITY right-of-way. The CONTRACTOR shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). 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. 12.02 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. 12.03 The CONTRACTOR shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 13.00 HOURS AND DAYS OF MAINTENANCE SERVICES 13.01 The basic daily hours of maintenance service shall be 7:00 a.m. to 4:00 p.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 13.02 CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. Bid 08-18 Parks and Facilities Landscape Maintenance Services 22 13.03 The use of power tools is prohibited daily prior to 7:00 a.m. and all day on Sundays and Holidays. 14.00 MAINTENANCE SCHEDULES 14.01 The CONTRACTOR shall, within thirty (30) days after the effective date of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. An Annual Calendar shall include all required operations that occur less than monthly. A Routine Operations Schedule shall include all tasks required at least monthly. Sample Annual Calendar and Routine Operations Schedule formats are included in Appendices B & C. 14.02 The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 15.00 CONTRACTOR'S STAFF AND TRAINING 15.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 15.02 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Attachment B. 15.03 CONTRACTOR is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. CONTRACTOR'S systematic skills training program, and certifications required by the CONTRACTOR for employees in a given position, should be noted in the Attachment B. 15.04 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any facility, park or trail area without other CONTRACTOR'S supervisory personnel present. 15.05 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives Bid 08-18 Parks and Facilities Landscape Maintenance Services 23 "7 ^ f of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 15.06 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 15.07 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 16.00 NON-INTERFERENCE-NOISE 16.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 16.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 16.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment prior to 7:00 a.m. or later than 7:00 p.m. Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to insure that the public is not unduly impacted by the noise created by such equipment. 17.00 USE OF CHEMICALS Bid 08-18 Parks and Facilities Landscape Maintenance Services 24 17.01 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. 17.02 Chemical applications shall strictly conform to all governing regulations. CONTRACTOR'S staff applying chemicals shall possess all required licenses and certifications. 17.03 Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations. 17.04 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained. 17.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the CONTRACT ADMINISTRATOR for all products and chemicals used within the City. Bid 08-18 Parks and Facilities Landscape Maintenance Services 25 PART II TECHNICAL SPECIFICATIONS 18.00 MOWING 18.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the CONTRACT ADMINISTRATOR. 18.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 18.03 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being transported to any other site. 18.04 Mow turf to the following heights or as directed by the CONTRACT ADMINISTRATOR: A. Bermuda: % inch - 1 inch. B. Cool season turf including bluegrass, perennial rye and fescues: 1 7z inches - 2 inches. C. Kikuyu: 3/4 inch - 1 % inches. 18.05 Mowing operations shall be scheduled Monday through Friday. 18.06 Walkways shall be cleaned immediately following each mowing. 18.07 Mowing operations shall be scheduled at times of low public use. 18.08 Mowing frequency shall be one (1) time per week all year. 19.00 TURF AND GROUND-COVER EDGING 19.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated. 19.02 String trimmers shall not be used to trim around trees. Turf and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals. 32Bid 08-18 Parks and Facilities Landscape Maintenance Services 26 19.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch, where appropriate, as directed by the CONTRACT ADMINISTRATOR. Circles shall be kept free of weeds and grasses by use of appropriate chemicals. 19.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage. 19.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 19.06 Walkways shall be cleaned immediately following each mechanical edging. 19.07 Frequency of mechanical edging of turf shall be the one (1) time per week. 19.08 Frequency of ground cover edging shall be one (1) time per week. 19.09 Chemical edging of turf and groundcover boundaries may be performed, subject to approval of the CONTRACT ADMINISTRATOR, in a manner that ensures a defined turf edge and limits turf encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 20.00 AERIFICATION 20.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6) inch spacing. 20.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation. 20.03 Remove or shred cores so that they are not unsightly or a nuisance. 20.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like, prior to commencing aeration operations. CONTRACTOR shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. 20.05 Aerification frequencies shall be as follows: A. Aerate all turf areas two (2) times per year. Bid 08-18 Parks and Facilities Landscape Maintenance Services 27 .2 / 21.00 RENOVATION 21.01 If CONTRACTOR feels that major renovation is needed, he shall notify the CONTRACT ADMINISTRATOR prior to proceeding. 22.00 WATERING AND IRRIGATION 22.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. 22.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. 22.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any deficiencies in irrigation at these sites. 22.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to the CONTRACT ADMINISTRATOR monthly or sooner if modifications are performed. 22.05 Areas not provided with an irrigation system shall be hand watered by the CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. The CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. 22.07 Watering shall be regulated to avoid interference with any use of roadways, paving or walks. 22.08 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 22.09 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. 22.10 No irrigation shall be done during periods of measurable rain without prior approval of the CONTRACT ADMINISTRATOR. Bid 08-18 Parks and Facilities Landscape Maintenance Services 28 22.11 The CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 23.00 IRRIGATION MAINTENANCE. REPAIR and TESTING 23.01 CITY shall provide, or reimburse the CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceeds $350 per month. 23.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 23.01) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following: A. main lines B. valves (control valves, ball valves and the like, not including quick- couplers) C. pumps D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) E. backflow devices F. pressure regulators. These items shall be repaired or replaced by the CONTRACTOR as Extra Work, or by other forces, at the discretion of the CONTRACT ADMINISTRATOR. 23.03 CONTRACTOR shall notify CONTRACT ADMINISTRATOR of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. 23.04 Repair or replacement of irrigation components that are identified as the CONTRACTOR'S responsibility shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by the CONTRACT ADMINISTRATOR. 23.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by the CONTRACT ADMINISTRATOR prior to any installation thereof. Bid 08-18 Parks and Facilities Landscape Maintenance Services 29 23.06 CONTRACTOR'S Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use; and fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S personnel working on irrigation systems, shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician. 23.07 CONTRACTOR'S Irrigation Technician shall be equipped with Calsense Radio Remote hand-held remote valve actuator. 23.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. 23.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 23.10 During irrigation testing CONTRACTOR shall: A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc. C. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. D. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. E. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed. F. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. 23.11 Any unresolved system malfunction, damage, or deficiency shall be reported, including effected valve station(s) and other pertinent details, to the CONTRACT ADMINISTRATOR. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the CONTRACT ADMINISTRATOR Bid 08-18 Parks and Facilities Landscape Maintenance Services 30 • -^ • 23.12 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 23.13 CITY shall be responsible for performing the annual certification of backflow devices. 23.14 All valve boxes shall be identified with heat-branded markings as directed by the CONTRACT ADMINISTRATOR. 23.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of the CONTRACT ADMINISTRATOR. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the CONTRACT ADMINISTRATOR, and shall be submitted within 2 working days of completion of the work. 23.16 Frequencies of irrigation testing shall be two (2) times per month or more frequently if problems or conditions indicate a need. 24.00 FERTILIZATION 24.01 Products and rates of application shall be determined by the CONTRACT ADMINISTRATOR. 24.02 CONTRACTOR shall include scheduling of fertilizations on Annual Calendar. 24.03 CONTRACTOR shall give written notice to the CONTRACT ADMINISTRATOR at least two City business days in advance of fertilizer application at a given site. 24.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for the CONTRACT ADMINISTRATOR'S inspection and shall be removed promptly following inspection. 24.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 24.06 Turf, shrubs and groundcover areas shall be fertilized at least four (4) times per year. Trees shall be fertilized at least two (2) times per year. Bid 08-18 Parks and Facilities Landscape Maintenance Services 31 25.00 WEED CONTROL 25.01 All areas shall receive diligent control of weeds by employing all industry- recognized, legal methods, as approved by the CONTRACT ADMINISTRATOR. 25.02 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock. 25.03 All turf, shrub beds, planters, and other landscaped areas shall be maintained weed free. 25.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. 25.04 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed at least one (1) time per week. 25.05 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses. 25.06 Pre-emergent herbicide materials to be used shall be as approved by the CONTRACT ADMINISTRATOR. Materials to be used shall be those best suited to the control of the target weeds in the given planting. 25.07 Pre-emergent herbicide applications shall be carefully scheduled as approved by the CONTRACT ADMINISTRATOR, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds. 25.08 Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds. 26.00 TREE. SHRUB AND GROUNDCOVER MAINTENANCE 26.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground. Bid 08-18 Parks and Facilities Landscape Maintenance Services 32 26.02 Trimming and pruning of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed. 26.03 All pruning and tree tying shall conform to International Society of Arboriculture (I.S.A) Standards and the specific directions of the CONTRACT ADMINISTRATOR. CONTRACTOR shall not allow any tree to be topped. 26.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways. Lower branching may be appropriate for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 26.05 Shearing: Only those plants specifically designated by the CONTRACT ADMINISTRATOR shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 26.06 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. 26.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. Under no circumstances shall hedge shears be used as a means of pruning. 26.08 Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CONTRACT ADMINISTRATOR. 26.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 26.10 Periodic staking and tying shall be done as needed. 26.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to the CONTRACT ADMINISTRATOR. 26.12 Groundcover A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; Bid 08-18 Parks and Facilities Landscape Maintenance Services 33 and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the CONTRACT ADMINISTRATOR. B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. C. All groundcover areas shall be pruned to maintain neat but natural (not sheared) edges. D. Except as specifically directed by the CONTRACT ADMINISTRATOR, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 26.13 Remove all dead shrubs and trees. CONTRACT ADMINISTRATOR shall be notified 48 hours in advance of the removal of any tree or shrub. Trees to be removed shall have a caliper of five (5) inches or less measured twelve (12) inches above the ground level. Trees measuring over this caliper may be removed as Extra Work at the discretion of the CONTRACT ADMINISTRATOR. 26.14 All trimming and debris shall be removed and properly disposed of immediately. 26.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the CONTRACT ADMINISTRATOR. 27.00 MULCHING 27.01 A minimum three (3) inch layer of approved mulch shall be maintained in all tree, shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs. 27.02 All areas to receive mulch shall be free of weeds prior to mulching. 27.03 Mulch shall be maintained free of litter and foreign matter. 27.04 CONTRACTOR shall replenish mulch as required to maintain conditions specified in Section 27.01. 27.05 CITY shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile site(s) without markup for materials, labor and Bid 08-18 Parks and Facilities Landscape Maintenance Services 34 equipment. CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. 27.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture, admixtures, or additives for approval by the CONTRACT ADMINISTRATOR. CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site. 27.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, all to the satisfaction of the CONTRACT ADMINISTRATOR. The CONTRACTOR shall implement appropriate and effective BMP'S to insure storm water pollution prevention compliance for all aspects of mulching operations at the designated storage site(s) and at mulching areas in the field. 27.08 CITY reserves the right to purchase and provide mulch to the CONTRACTOR. All other provisions of Section 27.00 shall be adhered to by the CONTRACTOR for CITY provided mulch. 28.00 DISEASE and PEST CONTROL 28.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shrubs, groundcover and turf. 28.02 The CONTRACT ADMINISTRATOR shall be notified immediately of any disease, insects or unusual conditions that might develop. 28.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. 28.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests, which the CONTRACT ADMINISTRATOR deems to be a public hazard or nuisance. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 48-hour period after notification from the CONTRACT ADMINISTRATOR. 28.05 Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.). 28.06 Frequency of disease and pest control operations shall be daily as needed. Bid 08-18 Parks and Facilities Landscape Maintenance Services 35 29.00 PLANT MATERIALS 29.01 Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc. 29.02 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the CONTRACT ADMINISTRATOR. 29.03 Quality A. Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B. Plant materials shall be symmetrical, and/or typical for variety and species. C. Trees shall not have been topped. D. Roots shall not have been allowed to circle or become bound at any stage of growth. E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the CONTRACT ADMINISTRATOR. 29.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to the CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition , regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by the CONTRACT ADMINISTRATOR. B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by the CONTRACT ADMINISTRATOR. Nothing in this section shall in any way reduce or remove CONTRACTOR'S responsibility as specified elsewhere in this CONTRACT. Bid 08-18 Parks and Facilities Landscape Maintenance Services 36 /{ 2- 29.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. 30.00 LITTER. LEAF, and DEBRIS CONTROL 30.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris from all areas to be maintained. 30.02 Complete policing, litter pick up and supplemental hand sweeping of facility, park and trail area edges, corners and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 30.03 Accumulation of leaves and debris shall be removed, from all landscaped areas except as specifically directed by the CONTRACT ADMINISTRATOR. 30.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch. 30.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be the CONTRACTOR'S responsibility. 30.06 Removal of litter shall occur on a daily basis. 30.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 30.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs) on a daily basis. The removed signs shall be returned to CONTRACT ADMINISTRATOR. Posting of such signs are in violation of Municipal Ordinance. 31.00 TURF RESEEDING / RESTORATION 31.01 Damaged, vandalized, bare, or unacceptably thin turf areas shall be overseeded, plugged, or sodded as often as needed and as required by the CONTRACT ADMINISTRATOR, to re-establish turf to an acceptable quality. 31.02 Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil Bid 08-18 Parks and Facilities Landscape Maintenance Services 37 amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders. 31.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by the CONTRACT ADMINISTRATOR. All seed, plug or stolons shall be covered with Kellogg's Topper or approved equal at a rate of (1) cubic foot per 72 square feet or not to exceed % inch in depth. 31.04 Repaired areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. 32.00 TRASH RECEPTACLES 32.01 All exterior trash receptacles shall be checked according to frequencies specified in the MAINTENANCE FREQUENCIES table and emptied whenever more than 1/3 full and as needed to prevent objectionable odors or other conditions, or over-filling or between servicing. 32.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time receptacle is emptied. 32.03 Liners shall be removed and replaced each time receptacles are emptied. Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed. 32.04 Receptacles and related appurtenances shall be cleaned as needed to avoid concentrations of insects, odors, etc. 32.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. 32.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids where lids are provided 32.07 CONTRACTOR shall place trash receptacles, provided by the CITY, in place of any which are rusty, dented, graffiti, or which the CONTRACT ADMINISTRATOR otherwise deems unsuitable. Unsuitable receptacles shall be transported and stored at CITY facilities as directed by the CONTRACT ADMINISTRATOR 33.00 TRASH and GREEN WASTE DISPOSAL 33.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by the CONTRACTOR at legal waste collection site. The cost to dispose of said trash, green waste and accumulated debris will be at the CONTRACTOR'S own expense. Bid 08-18 Parks and Facilities Landscape Maintenance Services 38 34.00 SWEEPING/WASHING 34.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc. 34.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect. 34.03 Blowers used in performance of this CONTRACT shall be low-noise type, Echo model PB46LN, or equal equipment rated at or below 65 dB. 34.04 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE FREQUENCIES table. 35.00 DRINKING FOUNTAIN MAINTENANCE 35.01 Clean and disinfect drinking fountains, drain and sand trap according to frequencies specified in the MAINTENANCE FREQUENCIES table. 35.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger shall immediately be reported to the CONTRACT ADMINISTRATOR. 35.03 Water supply to a leaking fixture shall be shut off when it is reasonable to do so. 36.00 FACILITIES AND EQUIPMENT MAINTENANCE 36.01 Picnic tables, benches, slabs, barbecues, fire rings, trash receptacles, and the like shall be cleaned to insure safe use by the public. 36.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, barbecues, trash receptacles, corrals, and the like according to frequencies specified in the MAINTENANCE FREQUENCIES table. Deficiencies which are the CONTRACTOR'S responsibility shall be corrected immediately. Any other deficiency shall be reported to the CONTRACT ADMINISTRATOR immediately. 36.03 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. Bid 08-18 Parks and Facilities Landscape Maintenance Services 39 36.04 Picnic tables shall be washed according to frequencies specified in the MAINTENANCE FREQUENCIES table. 36.05 Clean barbecues according to frequencies specified in the MAINTENANCE FREQUENCIES table. 36.06 Corrals shall be kept free of weeds, debris and other foreign objects at all times. Corral sand shall be raked and tilled to maintain a safe surface. Bid 08-18 Parks and Facilities Landscape Maintenance Services 40 37.00 MAINTENANCE FREQUENCIES The following maintenance frequencies shall apply to the following tasks: Irrigation Maintenance Testing Turf Maintenance Mowing Edging Trimming Pruning Weed Control Clipping Removal String Trim Fertilize Aerate/Thatch Pest Control Visual Inspection Planters & Ground Cover Maintenance Edging Trimming Cultivate Weed Control Fertilize Pest Control Shrub Maintenance Weed Control Trimming Pruning Fertilize Pest Control Tree Maintenance Trim Fertilize Re-Stake/Check Pest Control Hardscape Maintenance Gutters, Curbs, Sidewalks, Roadways, Miscellaneous Asphalt and Concrete Trash and Litter Pickup Drinking Fountain Maintenance Facilities & Equipment Maintenance Inspections Washing Picnic Tables Cleaning Barbecues 2 3 2 2 2 2 2 2 2 6 7 8 2 2 4 5 2 6 8 2 4 4 6 8 7 7 8 8 1 1 1 1 1 2 2 daily weekly bi-weekly monthly bi-monthly quarterly semi-annually as needed 1 2 3 4 5 6 7 8 Bid 08-18 Parks and Facilities Landscape Maintenance Services 41 EXHIBIT B CONTRACTOR'S WORK FORCE The CONTRACTOR shall set forth in Attachment B to the proposed CONTRACT: A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required certifications. C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The information provided in this attachment is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Attachment B - Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS SEE ATTACHED EXHIBIT BEGINNING ON PAGE 52 2. 3. Bid 08-18 Parks and Facilities Landscape Maintenance Services 42 EXHIBIT B Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 4. 7. 8. 9. 10. Bid 08-18 Parks and Facilities Landscape Maintenance Services 43 EXHBITB PageS CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications 1. E. Description of CONTRACTOR'S employee training program Bid 08-18 Parks and Facilities Landscape Maintenance Services 44 v EXHIBIT C GUARANTEE BID NO. 08-18 To the City of Carlsbad. The undersigned guarantees the construction and installation of the work performed as Extra Work included in this project: Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Specifications, due to any of the above causes, all within twelve (12) months after date on which said work of this CONTRACT is accepted by the CITY, or the CONTRACT termination, whichever is the later, the undersigned agrees to reimburse the CITY upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the CITY, to replace any such material and to repair said work completely without cost to the CITY so that said work will function successfully as originally contemplated. The CITY shall have the unqualified option to make any needed placements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the CITY elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the CITY. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the CITY shall be entitled to all cost and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal. K T L QvpT CONTRACTOR'S Name , i i\A Address Name and Title of Signer (Please Type or Print) Signature ^ Date Bid 08-18 Parks and Facilities Landscape Maintenance Services 45 Appendix A CITY OF CARLSBAD PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERVICES BID NO. 08-18 INSPECTION RATING FORM SITE: CARLSBAD BLVD 06/15/08 INSPECTOR: Paul Harrison Possible Previous Rating This Category Description Points Period Period Irrigation Maintenance Turf Maintenance Planters & Ground Cover Maintenance Shrub Maintenance Tree Maintenance Hardscape Maintenance Trash & Litter Pickup Rating Totals Deduction Percent 10 25 15 15 5 5 25 100 9 20 15 15 5 5 20 89 10 23 15 15 5 5 19 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 Bid 08-18 Parks and Facilities Landscape Maintenance Services 46 Appendix A CITY OF CARLSBAD PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERVICES BID NO. 08-18 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: Paul Harrison 06/15/08 Possible Previous Rating This Category Description Points Period Period Safety Knowledge of Contract Requirements Staffing Equipment & Vehicles Performance of Additional Work Observation and Reporting Emergency Response Response to Requests Office and Communications Invoicing Schedule and Reports Meeting Preparation and Attendance Administrative Support Supervision of Operations Rating Totals Deduction Percent 8 6 9 7 7 6 8 8 7 6 7 6 7 8 100 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 0 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 0 0.00 $1,181.04 $0.00 $1,181.04 Bid 08-18 Parks and Facilities Landscape Maintenance Services 47 VENDOR'S PROPOSED COST OF SERVICE The matrix below describes twenty-nine items upon which the City requests a proposal. Please note that the numbers listed in the "Monthly Bid Price and Units" categories 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 he/she 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 Parks and Facilities Landscape 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: FACILITIES Item No. A1 A2 A3 A4 A5 A6 A7 A8 A9 Description Arts Office City Hall City Administration Building Dove Library Farmers Insurance Building Georgina Cole Library Harding Community Center Las Palmas Building Learning Center Monthly Bid Price $ 103.54 $ 667.65 $ 583.68 $ 599.33 $ 1.504.35 $ 618.71 $ 127.71 $ 263.42 $ 221.81 Units X12 X12 X12 X12 X12 X12 X12 X12 X12 Annual Total $ 1.242.48 (Extended Amount) $ 8.011.80 (Extended Amount) $ 7.004.16 (Extended Amount) $ 7.191.96 (Extended Amount) $ 18.052.20 (Extended Amount) $ 7.424.52 (Extended Amount) $ 1.532.52 (Extended Amount) $ 3.161.04 (Extended Amount) $ 2.661.72 (Extended Amount) Bid 08-18 Parks and Facilities Landscape Maintenance Services 48 Item No. A •! r\AID A11 A A f\AT/ A IfiA To A -1 AA14 Description Maintenance & f\ A.* r^ ••_••operations Building Safety Center Senior Center Streets & Facilities •A • A n 'i~i*Maintenance building Swim Complex Monthly Bid Price $ 618.39 $ 824.10 $ 424.65 $ 48.52 $ 626.33 Units X A O1Z X 12 X A f\ 12 X -1 O12 12 Annual Total $7 yion RQ/ ,42U.DO (Extended Amount) $ 988920 (Extended Amount) $c noc ono.uyo.ou (Extended Amount) $CQO O>lOo/d.24 (Extended Amount) $-9 C A C OC/.oio.yo (Extended Amount) Total amount of Vendor's bid per agreement year in words for Schedule "A":_ Eighty-six Thousand Seven Hundred Eighty-six Dollars and Twenty-eight Cents Total amount of Vendor's bid per agreement year in numbers for Schedule "A": $ 86.786.28 PARKS Item No. B1 B2 B3 B4 B5 Description Car Country Park Carrillo Ranch Slopes Hosp Grove Park Ann D. L'Heureux Memorial Dog Park Maxton Brown Park Monthly Bid Price $ 634.17 $ 2.125.60 $ 1.289.35 $ 82.84 $ 618.60 Units X12 X12 X12 X12 X12 Annual Total $ 7.610.04 (Extended Amount) $ 25.507.20 (Extended Amount) $ 15.472.20 (Extended Amount) $ 994.08 (Extended Amount) $ 7.423.20 (Extended Amount) Bid 08-18 Parks and Facilities Landscape Maintenance Services 49 iwrri NO. B6 B7 B8 B9 B10 •••••••'wmm*?^ Oak Park Orion Way Ball Field Pio Pico Park Segovia Accesses Skate Park ipswppjlf craR prnce $ 58.95 $ 2.077.35 $ 72.05 $ 325.40 $ 258.75 - • .i'™fiSp'- . X12 X12 X12 X12 X12 •• V^'WlFJfC'fwiP, $ 707.40 (Extended Amount) $ 24.928.20 (Extended Amount) $ 864.60 (Extended Amount) $ 3.904.80 (Extended Amount) $ 3.105.00 (Extended Amount) Total amount of Vendor's bid per agreement year in words for Schedule "B": Ninety Thousand Five Hundred Sixteen Dollars and Seventy-two Cents Total amount of Vendor's bid per agreement year in numbers for Schedule "B": $ 90.516.72 TRAILS AREAS Item No. C1 C2 C4 C5 Description Calavera Trailhead Coastal Rail Trail Hosp Grove/Rotary Trailhead Hosp Grove/Wickham Trailhead Monthly Bid Price $ 62.75 $ 1.085.20 $ 253.50 $ 390.75 Units X12 X12 X12 X12 Annual Total $ 753.00 (Extended Amount) $ 13.022.40 (Extended Amount) $ 3.042.00 (Extended Amount) $ 4.689.00 (Extended Amount) Total amount of Vendor's bid per agreement year in words for Schedule "C":_ _ Twenty-one Thousand Five Hundred Six Dollars and Forty Cents Bid 08-18 Parks and Facilities Landscape Maintenance Services 50 Total amount of Vendor's bid per agreement year in numbers for Schedule "C": $ 21.506.40 EXTRA WORK D1 *Extra Work Stipulated Amount $ 50.000.00 (Annual Amount) * Extra Work payments made to the CONTRACTOR will be based on the CONTRACTOR'S actual work performed for the City, consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. Extra Work is not guaranteed. Note: This Agreement is subject to prevailing wage laws, Labor code Section 1770 et seq. Total amount of Vendor's bid per agreement year in words for Schedule "D": Fifty Thousand Dollars Total amount of Vendor's bid per agreement year in numbers for Schedule "D": $ 50.000.00 Total amount of Vendor's bid per agreement year in words including Schedule "A", Schedule "B", Schedule "C", and Schedule "D": Two Hundred Forty-eight Thousand Eight Hundred Nine Dollars and Forty Cents Total amount of Vendor's bid per agreement year in numbers including Schedule "A", Schedule "B", Schedule "C", and Schedule "D": $ 248.809.40 Bid 08-18 Parks and Facilities Landscape Maintenance Services 51 Qualifications and Experience Service Team Staffing Plan • Superintendent- Sergio Graham - 760-801-1816 President, CEO, and Founder of Westturf landscape Certified Landscape Technician Certified Irrigation Auditor Licensed Pesticide Applicator - QL 39697 Hours allotted for this contract — available anytime/ daily communication With over 34 years of landscape management experience, Sergio Graham has been a leading force in water conservation, natural gardening, and correct cultural practices. Sergio is a member of BOMA, SDCAA, CAI, BBB, Water Authority Committee, and CLCA where he has had the honor of being a judge to certify future professionals. Sergio will play a very active role including daily check ins from the account manager, weekly reports from the working supervisors, and direct contact with the contract administrator. • Client Relations/ Second Superintendent - David Hill - 760-801-4008 Westturf Certified Landscape Technician 3 Westturf Certified Irrigation Technician level 3 Licensed Pesticide Applicator -QC 19697 Hours allotted for this contract — av«ilaMe anytime/ daily conMHitijcation With over 10 years in the landscape industry, David has developed an extensive knowledge of business management David has been working with the current contract administrator and Sergio Graham, ensuring all requirements of the contract is being met. David also works with any contract disputes or concerns. David is Westturf s main safety coordinator and conducts all annual pesticide training for every employee. David will be the back up contact and will be available anytime via cell phone or e mail. E mails will be returned within an hour via Black berry service. • Account Manager #1 - Rogeiio Alvardo - 760-819-5206 Westturf Certified Landscape Technician 3 Westturf Certified Irrigation Technician level 3 Hours allotted for this contract ~ available anytime/ daily communication and With over 12 years in the landscape industry, Rogeiio has developed an extensive knowledge of landscape management Rogeiio spent the first part of his career working with several large landscape management firms throughout San Diego County. During this time he has established an extensive knowledge of irrigation management, landscape management, and crew management Rogeiio is currently working toward becoming a certified pesticide applicator. Roeglio is bilingual and will be the daily contact for this contract. Bid 08-18 Parks and Facilties Landscape Maintenance Services 52 • Irrigation Technician (crew 1 and 2) - Rufino Miranda 760-650-3120 Westturf Certified Irrigation Technician level 3 Westturf Certified Landscape Technician level 3 Certified Waste Water Technician Hours allotted for this contract - fulltime/ 40 hours a week With over 15 years working for Westturf Landscape, Rufino has worked his way up starting as a driver and after applying himself to our training program. Rufino has become one of our most trusted employees. Rufino has become our number one irrigation technician and a very reliable source for quality work. Rufino is continually attending courses and seminars to improve his knowledge of the ever improving technology of irrigation management and conservation. Rufino will be the main irrigation contact for this contract. CREW #1 GENERAL MAINTENANCE • Working Supervisor #1 (crew 1 and 2) - Sebastian Aguilar - 760-650-3120 Westturf Certified Landscape Technician level 3 Westturf Certified Irrigation Technician level 2 Hours allotted for this contract - fulltime/ 40 hours a week With over 15 years in landscape management and the last 3 years with Westturf Landscape, Sebastian has moved up through the ranks with hard work and dedication. Sebastian has been very involved in our training program and the quality of his work shows this. Utilizing his experience in managing large crews, Sebastian will play a key role hi every day tasks being completed. Sebastian will work with Sergio and Francisco to create daily plans of action along with checking the production sheets created by each team. With knowledge in irrigation, tree care, turf care, and natural gardening practices, Sebastian Aguilar will be a key part of this contract • Crew Leader #1 (crew 1) - Antonio Cuenca - 760-650-3120 Westturf Certified Landscape Technician level 2 Westturf Certified Irrigation Technician level 2 Hours allotted for this contract - fulltime/ 40 hours a week With over 10 years in the landscape industry, .Antonio will be the first crew leader for this contract. Antonio will work hand in hand with the account manager and superintendent Antonio will ensure daily tasks are being met and completed. Antonio will also help with managing the other crew and their daily activities. Bid 08-18 Parks and Facilties Landscape Maintenance Services 53 • Maintenance tech #1 (crew 1) - Hilarion Mendes - 760-650-3120 Westturf Certified Landscape Technician level 2 Westturf Certified Irrigation Technician level 1 Hours allotted for this contract - fulltime/ 40 hours a week With over 8 years working with Westturf, Hilarion Mendes has proven himself a highly qualified team member. Hilarion has been a dependable part for all of our training and success. He has almost completed our irrigation training bringing him up to a level two irrigation technician. Hilarion will be responsible for filling out daily production sheets and reporting daily to the supervisors. • Maintenance tech #1 (crew 21 - Pedro Flores - 760-722-8464 Westturf Certified Landscape Technician level 2 Westturf Certified Irrigation Technician level 1 Hours allotted for this contract — fulltime/ 40 hours a week Pedro Flores has been on and off with Westturf for over 6 years. He has been currently working on one of our maintenance routes for over two years. He is currently responsible for all maintenance accounts within his route while working directly with the account manager for that particular route. Pedro will be responsible for helping with daily maintenance and filling out daily reports. Pedro will be able to work hand in hand with the crew leader. Pedro will also be responsible for all applications of fertilizer and pesticides. • Maintenance tech #3 (crew 1) - Jose Cisneros - 760-650-3120 Westturf Certified Landscape Technician level 2 Westturf Certified Irrigation Technician level 2 Hours allotted for this contract - fulltime/ 40 hours a week Jose Cisneros has over 10 years experience working in the landscape industry. Since joining Westturf in 2005, Jose has moved through our training program quickly by taking initiative and applying hard work. Jose will be a great fit for the crews working along the sprinter rail. Jose is partially bilingual and will be responsible for the daily completion of each location. Jose will direct his crew under the supervision of his account manager and the superintendent. Bid 08-18 Parks and Facilties Landscape Maintenance Services 54 y> CREW # 1 TRASH AND WEED CREW. • Crew Leader #2 (crew 2) - Joaqin Gonzales - 760-650-3120 Westturf Certified Landscape Technician level 1 Westturf Certified Irrigation Technician level 1 Hours allotted for this contract - fulltime/ 40 hours a week Joaqin Gonzales has over 7 years experience working in the landscape industry. He joined Westturf in 2005 and has been a great addition to our City of Carlsbad Crew. Joaqin has made a significant effort to complete our training program and is currently working his way through our level 2 Landscape Technician program. Joaqin currently helps with the daily maintenance of all street median maintenance through out the City of Carlsbad. Joaqin will be an integral part of this team servicing the current and new areas through out the City. • Maintenance tech #2 (crew 1) - David Cardenas - 760-650-3120 Westturf Certified Landscape Technician level 1 Westturf Certified Irrigation Technician level 1 Hours allotted for this contract — fulltime/ 40 hours a week With over 2 years working for Westturf Landscape, David has dedicated himself to learning from our training program and the hands on experience he receives daily. David has been a valuable resource for our pesticide application program. David has taken it upon himself to be the lead man for all chemical and fertilizer applications utilizing our unique training program and completing classes at the local community college, David is working toward becoming a qualified applicator and obtaining his applicators license. David will be responsible for applying all chemical applications and all fertilizer applications. Bid 08-18 Parks and Facilties Landscape Maintenance Services 55