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HomeMy WebLinkAbout04-01-2014 C5 Landscape Maintenance Services RFP FROM: Daryl R. Grigsby, Public Works Director Prepared By: Barbara Lynch, Deputy Director of Public Works Todd Beights, Parks Supervisor SUBJECT: LANDSCAPE MAINTENANCE SERVICES REQUEST FOR PROPOSALS RECOMMENDATION 1. Approve the Request for Proposals for landscape maintenance services 2. Authorize staff to advertise for proposals 3. Authorize the City Manager to award agreements for services if the total is within the available budget of $366,300 for landscape services DISCUSSION Background The City has a long-standing policy of contracting with private companies for ongoing landscape maintenance services. For many years that work focused entirely on landscaped areas such as medians and roadside vegetation. This contract totaled about $80,000 prior to 2005. The addition of new parks, medians, and facilities to the City’s inventory has increased the service costs. Currently, the General Fund budget for this service is approximately $300,000 annually. The Contract also includes Railroad Right-of-Way clearance as required by the agreement between the City and Union Pacific Railroad relating to the Railroad Safety Trail, and annual weed abatement. As part of the Public Works Department Assessment completed in 2011, the consultant recommended the Department look at managed competition to determine whether it should continue to outsource park and landscape maintenance or should insource these services. The report notes the cost per acre for outsourced maintenance is high compared to other cities the consulting team has worked with, which may reflect the isolated location of the City. The consultant goes on to note that the cost of staff services appears to be considerably lower than the cost of contract service. The recently launched Cityworks maintenance management program provides a mechanism for data collection on the cost of staff support to contract service areas. This will allow a more accurate assessment of whether or not this is a cost effective approach to maintenance, for future consideration. Current Request for Proposals The current contract for landscape services was awarded in June 2009, and is set to expire on June 30, 2014. The Parks and Landscape Maintenance Program, Parking Services, and Water Resource Recovery Facility currently contract out for landscape maintenance services for the following areas: A. Landscaped Areas, Parks, Facilities with turf B. Landscaped Areas, Parks, Facilities without turf C. Traffic median islands, frontages and sound walls Meeting Date Item Number 4/1/14 C5 - 1 Landscape Maintenance Request for Proposals Page 2 D. Sound walls, circles, islands and frontages E. Parking lots F. Railroad Right-of-Way G. Water Resource Recovery Facility The contract landscape maintenance locations are grouped into similar areas and Levels of Service as a guideline to manage the landscape work. Levels of Service groupings are used to afford the best maintenance service within the budget constraints, with high visibility areas receiving more attention. The contractor is responsible for providing all maintenance services, including labor, supplies and equipment, in accordance with the tasks and service levels detailed in the Request for Proposals (RFP.) Utility services, such as water, sewer and electricity, are paid directly by the City. Significant irrigation system repairs and plant material replacement are not included in the contract. The Request for Proposals Process The City used a strictly low bid approach in the 1990’s for its service contracts. The City was unable to obtain acceptable levels of service, and in some cases terminated agreements. Procurement of service contract work then shifted to using the City’s Request for Proposals process. The City’s purchasing policy designates maintenance services as a General Purchase and defines the requirements for purchase based on the estimated dollar value of the services. The Policy requires issuance of a formal Bid or RFP document approved by the City Council for services with a cost greater than $100,000. Service contracts do not have an identified Central Purchasing authority under the Policy, and so each department completes service contracts as needed to facilitate delivery of services. The City’s Charter does not address the purchase of maintenance services, focusing instead on purchases relating to public projects. Landscape maintenance services are not considered a public project under the Public Contract Code by definition in section 1101 and, more specifically in section 22002(c)(4). The City’s Municipal Code, sections 3.24.190 and 3.24.210, specif y award to the lowest responsible bidder, where, in addition to the bid or quotation price, the character, integrity, reputation, judgment, experience and efficiency of the bidder, and its ability to perform the services required, within the time specified, are used as criteria for determining the lowest responsible bid or quotation. The Municipal Code specifies that this evaluation may include an analysis of previous work performed for the City. The City’s RFP document is a good tool to obtain, and make decisions regarding these characteristics of the proposing firms, in addition to evaluating cost proposals. When staff recommends award to other than a low bidder, these elements of evaluation are discussed and the recommendation justified. The City has used the RFP process for maintenance services starting with Janitorial Services in 2001. The City is requesting service proposals for this work, including costs, to screen the applicants for the quality of the services they provide to others through reference checks and documentation of company history. In the event the lowest responsible proposals are above the available budget, work and service levels for the various areas will be negotiated to fit budget constraints. In the last contract, advertised in 2009, the Council awarded contracts to three contractors, representing six categories. One contractor was awarded two categories and was the C5 - 2 Landscape Maintenance Request for Proposals Page 3 lowest cost proposal for those, as was another contractor, awarded one category. The remaining contractor was awarded three categories, and had the lowest cost proposal in one of the three. The additional cost represented by the award to other than the low bidder was approximately 7% of the total costs for services. The award recommendation considered the company sizes and experience to handle the categories awarded. Individual companies had strengths in different work areas, and were awarded the work accordingly, while still considering cost. As noted to Council in the Council Agenda Report for the 2009 contract, a key component of the selection process is the ability to recommend award to more than one contractor. This is important in the event one contractor is not performing well or experiences a business failure. The volume of work is significant and cannot be absorbed by existing maintenance staff. With the availability of a second firm, already under contract, the City will have greater flexibility to respond to unexpected situations quickly, until a more permanent solution can be put into place. The RFP calls for the proposing firms to submit qualifications, including general information, proposed work schedule, references, and insurance information, in addition to a cost proposal. The review team will look at and rank all the proposals based on experience, expertise, approach to completing the work, the company’s understanding of the work scope, and the proposed compensation before finalizing a recommendation for awarding contracts. The RFP allows the City the flexibility to award one agreement or more, whichever is in the best interest of the City. Proposers are not required to submit cost proposals for all Categories of the work. The issuance and processing of the RFP is managed by the Engineering and Maintenance Division of Public Works. In addition, the Parking Services Division of Public Works and Wastewater Division of Utilities are active participants in the selection of the contractors and provide oversight and management of the work. The contract includes a provision for annual cost increases based on changes in the consumer price index. The City can terminate the contract at any time or make service level adjustments based on the City’s satisfaction with the contractor or its fiscal situation. FISCAL IMPACT Funding for Landscape Maintenance Services is found in the 2014-15 Parks and Landscape Maintenance, Parking, and Water Resource Recovery Facility budgets. Parks & Landscape Parking Water Resource Recovery Facility Landscape Maintenance - Available Budget $ 297,500 $ 44,800 $ 24,000 Total: $ 366,300 ATTACHMENT Request for Proposals t:\council agenda reports\2014\2014-04-01\landscape maintenance contract rfp (grigsby-lynch-beights)\50200-2014ls advertise rpt.docx C5 - 3 City of San Luis Obispo 919 Palm Street San Luis Obispo CA 93401 Notice Requesting Proposals for Landscape Maintenance Services Specification No. 50200-2014LS The City of San Luis Obispo is requesting sealed proposals for Landscape Maintenance pursuant to Specification No. 50200-2014LS. All proposals must be received by the Finance Department at 990 Palm Street, San Luis Obispo, CA 93401 by 3:00 P.M. on April 30, 2014. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Department in a sealed envelope plainly marked with the proposal title, specification number, Proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Obtaining a Specification Package Download from the City’s Web site www.slocity.org - Bids & Proposals page Pick up a copy of the RFP at the above address Mail a request to the City of San Luis Obispo Public Works Department at the above address Fax a request to the City of San Luis Obispo at 805-781-7537 – include company name, street address, phone, fax, email and the name of the contact person. Requests must include the RFP title and specification number. A list of companies that have requested a copy of the proposal is maintained on the web page. Contract Detail Information Pre-proposal conferences will be held at 25 Prado Road on April 22, 2014 at 10:00 A.M. to answer any questions that the prospective proposers may have regarding the City's request for proposals. Site locations and proposal requirements will be reviewed, and staff will be available to answer questions. Project detail information may be obtained by contacting Brian Bassler at (805) 781-7022. Attachment 1 C5 - 4 Landscape Contract Maintenance – Specification 50200-2014LS Page 2 of 34 Specification No. 50200-2014LS TABLE OF CONTENTS DESCRIPTION OF WORK ................................................................................................................................ 3  GENERAL TERMS AND CONDITIONS ............................................................................................................. 4  PROPOSAL REQUIREMENTS .................................................................................................................. 4  CONTRACT AWARD AND EXECUTION .................................................................................................... 4  PROPOSAL CONTENT AND SELECTION PROCESS ....................................................................................... 6  PROPOSAL CONTENT ............................................................................................................................. 6  PROPOSAL EVALUATION AND PROPOSER SELECTION......................................................................... 6  FORM OF AGREEMENT .................................................................................................................................. 8  SCOPE OF WORK AND SERVICE LEVELS ................................................................................................... 15  DETAILED DESCRIPTION OF WORK ...................................................................................................... 15  SERVICE LEVELS .................................................................................................................................. 18  SITE DETAILS ........................................................................................................................................ 21  PROPOSAL SUBMITTAL FORMS .................................................................................................................. 23  ACKNOWLEDGEMENT ........................................................................................................................... 23  INSURANCE CERTIFICATE .................................................................................................................... 23  REFERENCES ........................................................................................................................................ 24  CONTRACT COST PROPOSAL ..................................................................................................................... 26  UNIT COSTS.................................................................................................................................................. 31  INSURANCE REQUIREMENTS: Operation and Maintenance Services ......................................................... 32  APPENDICES ................................................................................................................................................ 34  Attachment 1 C5 - 5 Landscape Contract Maintenance – Specification 50200-2014LS Page 3 of 34 Section A DESCRIPTION OF WORK The Contractor is expected to perform maintenance as outlined in this Request for Proposals and generally represent the City at designated sites. Irrigation is generally operated by standalone controllers at the site, with some integrated into the City’s central irrigation control system, and some sites not irrigated. The Contractor shall maintain specified landscaped areas which are grouped into five categories: A) Landscape areas, parks, facilities with turf B) Landscape areas, parks, facilities without turf C) Traffic median islands, frontages & sound walls D) Sound walls, circles, islands & frontages E) Parking lots. A proposal may be made for all or some of the areas F) Union Pacific Rail Road Right of Way Weed Abatement W) Water Resource Recovery Facility (WRRF). Maintenance includes litter control, walkway maintenance, manual irrigation, irrigation system maintenance, pest control, turf maintenance, groundcover maintenance, shrub and shrub bed maintenance, tree maintenance, miscellaneous weed control, drinking fountain maintenance, and other related work which are described in the Agreement Exhibit A, “Scope of Work and Service Levels” of this specification. The intent of this specification is to procure a high quality of maintenance by skilled professional staff, while being cognizant of current fiscal constraints. The Contractor shall maintain all specified locations at specified levels unless directed in writing to do otherwise. Work is subject to prevailing wage requirements. Attachment 1 C5 - 6 Landscape Contract Maintenance – Specification 50200-2014LS Page 4 of 34 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of Proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the Proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F. 4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 5. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals w ill be opened and declared publicly. Pr oposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Proposer submitting a proposal, or who has quoted prices on materials to such Proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Proposers submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. 8. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes w ill also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non substantial irregularities in any Attachment 1 C5 - 7 Landscape Contract Maintenance – Specification 50200-2014LS Page 5 of 34 proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Proposers. Proposers w ill provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Labor Actions. In the event that the successful proposing firm is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposing firm is no longer the best proposing firm and to accept the next best proposal from a proposing firm that is not experiencing a labor action, and to declare it to be the best proposing firm. 12. Contract Requirement. The Proposer to whom award is made shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 13. Insurance Requirements. The Proposer shall provide proof of insurance in the form, coverage’s and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 14. Business License & Tax. The Proposer must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. 15. Failure to Accept Contract. The following will occur if the Proposer to whom the award is made fails to enter into the contract: the award will be annulled; any bid security w ill be forfeited in accordance with the special terms and conditions if a Proposer's bond or security is required; and an award may be made to the next highest ranked Proposer with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made. Attachment 1 C5 - 8 Landscape Contract Maintenance – Specification 50200-2014LS Page 6 of 34 Section C PROPOSAL CONTENT AND SELECTION PROCESS PROPOSAL CONTENT 1. Submittal Forms a. Acknowledgement b. Certificate of Insurance c. References d. Site cost proposals 2. Qualifications a. Experience of your firm and staff in performing similar services, including irrigation system operation b. Statement and explanation of any instances where your firm has been removed from a contract or disqualified from proposing on a contract c. Standard hourly billing rates for the Contractor staff 3. Work Program a. Description of your approach to completing the work b. Tentative schedule by site and task for completing the work c. Estimated hours for your staff to complete the required work at each site visit d. Services anticipated to be provided by the City e. Any other information that would assist us in making this contract award decision 4. Proposal Length and Copies a. Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. b. 3 copies of the proposal must be submitted. PROPOSAL EVALUATION AND PROPOSER SELECTION Proposals will be evaluated by a review committee and contract award process as follows: 5. Written Proposal Review/Finalist Candidate Selection Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness, qualifications and understanding of the Proposer relative to these specification requirements. Where proposals are rated consistently higher than others, those Proposers may be selected as the top ranked Proposers for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 5 to 7 proposers) may be selected for follow-up interviews and presentations, or requests for additional clarifying information, before the final top ranked Proposers are determined. 6. Oral Presentations/Interviews Finalist candidates may be interviewed by a review committee. The purposes of this interview will be to a) evaluate communication and interpersonal skills and b) clarify and resolve any questions and issues about the proposal. Based on results of the interviews, the review committee w ill rank the proposing firms and select the best proposing firms. 7. Contract Award Recommendation If the price proposal for the best proposing firms are within the range of acceptable prices, the review committee will recommend that a contract be awar ded to those firms. If the price proposals are not within the range of acceptable prices, the review committee will negotiate with the best proposing firms to establish an Attachment 1 C5 - 9 Landscape Contract Maintenance – Specification 50200-2014LS Page 7 of 34 acceptable price. If negotiations are unsuccessful, the review committee w ill repeat the process with the next best proposing firm until an acceptable price can be established and the review committee can recommend that a contract be awarded. Contract award may be to one or more than one firm, segmented by Level of Service categories, and w ill be based on a combination of factors that represent the best overall value for completing the workscope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews; and proposed compensation. 8. Proposal Review and Award Schedule The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP ....................................................... April 5, 2014 Conduct pre proposal conference ................... April 22, 2014 Receive proposals ......................................... April 30, 2014 Complete proposal evaluation ........................... May 9, 2014 Finalize staff recommendation ........................ May 15, 2014 Award contract............................................... May 30, 2014 Execute contract ........................................... June 18, 2014 Start work ........................................................ July 1, 2014 Attachment 1 C5 - 10 Landscape Contract Maintenance – Specification 50200-2014LS Page 8 of 34 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H WHEREAS, on April 5, 2014, the City requested proposals for Landscape Maintenance Services per Specification No. 50200-2014LS. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Term. The term of this Agreement shall be from July 1, 2014 to June 30, 2018 or until termination of the contract in accordance with this agreement. 2. Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years. 3. Cost Adjustments. During the term of the agreement, beginning July 1, 2015, contract prices shall be increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. 4. Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. The Contractor's employees shall be competent and qualified to perform the specified work and shall perform the specified work in an orderly manner. If the City's representative advises the Contractor that an employee is incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work for the duration of the contract. The Contractor shall not bring to the specified work locations any pets, children, or persons not employed under the contract. 5. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the Contractor’s company. 6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City. 7. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 8. Scope of Work and Levels of Service. The Contractor shall furnish services for Landscape Maintenance as specified in Exhibit A. The City may periodically request additional unspecified work, such as new or replacement planting at the assigned locations. For this work, the City shall pay the Contractor an amount equal to the amount provided by the contractor and attached as Exhibit C, multiplied by the number of units completed or installed, or the employee hours used multiplied by the accepted labor rate plus the actual cost of materials with a 15% markup allowed. Attachment 1 C5 - 11 Landscape Contract Maintenance – Specification 50200-2014LS Page 9 of 34 9. Work Hours. The Contractor shall perform the specified work on weekdays (Monday through Friday) between the hours of 7:00 a.m. and 5:00 p.m. The Contractor shall not perform any of the specified work outside of these work hours without the previous written consent from the City’s Contract Manager. 10. Traffic Control. The Contractor shall furnish all traffic control delineation required in order to perform the specified work. Traffic control delineation shall comply with all local, state, and federal regulations. The Contractor shall not close street lanes without the City's previous written consent. 11. Encroachment Permits. When specified work must be completed in the medians of state highways, such as those on Santa Rosa Street, the Contractor shall obtain and pay for any encroachment permits which may be required from the State of California Department of Transportation. 12. Work Schedule. At the beginning of each month the Contractor shall submit to the City a proposed schedule showing the sites and tasks to be completed during the upcoming month. Irrigation testing locations and fertilization must also be noted on the schedule. When submitting an invoice for work completed during a month, the Contractor shall include with the invoice a copy of the schedule showing the actual dates when work was completed. Failure to provide an adequate schedule will result in a forfeiture of 10% of the total monthly payment due. 13. Utilities Costs. The City shall pay the utilities costs for all water and electricity used at the specified work locations. Contractor shall follow direction of City staff for “rain shut off” of irrigation controllers during periods of extended rain. Failure to follow direction may result in contractor being liable for cost of water. 14. Materials. The Contractor shall not use any material for the specified work without the City's prior written approval of that material. If requested, the Contractor shall furnish to the City without charge samples of materials for examination and testing. Irrigation shall meet current City standards. The Contractor shall furnish to the City a list of all materials used for the specified work that are regulated by law as toxic or hazardous. With this list the Contractor shall include a material safety data sheet for each toxic or hazardous material. The Contractor shall train its employees in the proper handling of any toxic or hazardous materials. 15. Inspection and Corrections. The Contractor shall furnish the City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. The City Contract Manager shall be sole judge of the adequacy of the Contractor’s maintenance and the appearance of the sites. During the third week of each month the Contractor and the City's Contract Manager together shall inspect locations where work was scheduled for completion that month. The City's Contract Manager shall document any deficiencies in writing. The City's Contract Manager will also periodically inspect work locations without the Contractor, but will r eport any deficiencies to the Contractor before the end of the third week of the month. If the Contractor does not correct a documented deficiency by the end of the month, it shall forfeit 50 percent of the monthly unit price for the location where the deficiency occurred. If the deficiency is not corrected within the next month, 100 percent of the monthly unit price for the location where the deficiency occurred w ill be forfeited. The City will deduct such forfeiture from its next payment. If site maintenance has not been completed at all, 100 percent of the monthly unit price w ill be forfeited from the next payment. 16. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, Attachment 1 C5 - 12 Landscape Contract Maintenance – Specification 50200-2014LS Page 10 of 34 responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. If, at any time during the term of the contract, the City determines that continued contract maintenance is no longer in the best interests of the City due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Contractor will be paid compensation due and payable to the date of termination. 17. Reports. At the end of each month, included with the invoice, the Contractor shall provide all irrigation reports, fertilization and pesticide application information for the prior month. Failure to provide any of these reports w ill result in forfeiture of 20% of the total monthly payment due. During months when no irrigation, fertilization of pesticide application occurs, the Contractor shall note that with the invoice submittal. 18. Record Retention and Audit . For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. Copies shall be furnished if requested. 19. Release of Reports and Information. The Contractor shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 20. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 21. Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and not an agent or employee of the City. Attachment 1 C5 - 13 Landscape Contract Maintenance – Specification 50200-2014LS Page 11 of 34 22. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 23. Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 24. Compliance with Laws and Wage Rates. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. Prevailing wage is required, at a minimum, for work under this contract. The Contractor and any subcontractor must forfeit to the City not more than $200 per day or part of a day for each worker paid less than the prevailing wage rate and pay the worker the difference between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner determines the amount of this penalty and bases the amount on: 1. Whether the failure to pay the correct prevailing wage rate was a good-faith mistake that the Contractor or subcontractor promptly and voluntarily corrected upon notice 2. The prior record of the Contractor or subcontractor in meeting its prevailing wage obligations 3. The Contractor or subcontractor's willful failure to pay the correct rate of prevailing w ages The Contractor shall submit certified payroll as part of the monthly invoice submittal. Weekly payrolls must include each employee’s: 1. Full name 2. Address 4. Work classification 5. Straight time and overtime hours worked each day and week 6. Actual wages paid for each day 7. Fringe benefits or submit a statement of fringe benefits, clearly defining which benefits are paid directly to the employee as part of the hourly rate, and which benefits are paid into an approved program. Fringe benefit statements must be signed by the employer or the employer’s agent certifying the fringe benefit statement is correct and the employer has been authorized to make any payments on behalf of the employee to approved programs. 25. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 26. Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses, and specified insurance, and pay all charges and fees, and file all notices as they pertain to the completion of the Contractor’s work. The contractor shall have and maintain the following valid State of California Licenses, C-27 Contractors License, Qualified Pesticide Applicators License, and Agricultural Pest Control Business License. The Contractor shall comply with the current State Department of Pesticide Regulations and County of San Luis Obispo Agriculture Commissioner regulations. NOTE: For CAT (F) only Contractor will need to be eRailsafe certified by the Union Pacific Rail Road Contact Bill Chandler of UPRR Safety Department – Police Background Investigation Phone # (435-563-8253) or email mfarley@up.com MaryBeth Farley Operations Manager Support UPRR for forms and procedure. 27. Indemnification for Professional Liability. To the fullest extent permitted by law, the Contractor shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and Attachment 1 C5 - 14 Landscape Contract Maintenance – Specification 50200-2014LS Page 12 of 34 expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 28. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA; the California Division of Industrial Safety; and Union Pacific Rail Road as well as the UPRR Fire Prevent Plan. 29. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 30. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 31. Water Conservation. Contractors shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good, and acceptable horticultural maintenance practices. Contractors shall comply with all City of San Luis Obispo Ordinances and Resolutions which relate to water conservation. 32. Recycled/Reclaimed Water. Water supplied by the City for irrigation may be Recycled/Reclaimed Water, indicated by purple color-coded sprinklers, valves, valve boxes, tags and signs. Contractor understands that Recycled/reclaimed Water is not intended for human contact or consumption. Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled/Reclaimed Water. 33. Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with the required keys. The Contractor shall properly secure these locations when specified work is completed and shall replace or repair City property lost or damaged when locks are not properly set. 34. Immigration Act of 1986. The Contractor warrants on behalf of itself and all sub-Contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 35. Contractor Non-Discrimination. In the award of subcontracts or in performance of this work, the Contractor agrees that it will not engage in, nor permit such sub-Contractors as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 36. Accuracy of Specifications. The specifications for this contract are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. In preparing its proposal, the Contractor and all sub-Contractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining the sites. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Contractor to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Contractor. An ambiguity or defect shall be considered patent if it is of such a nature that the Contractor, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Contractor to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Contractor to achieve the project’s objective or standard beyond the amounts provided therefore in the proposal. Attachment 1 C5 - 15 Landscape Contract Maintenance – Specification 50200-2014LS Page 13 of 34 In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 37. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other Contractors during the contract term. 38. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-Contractor invoices, similarly broken down, as supporting detail. 39. Payment. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation for individual site work in accordance with the prices included in Exhibit B. 40. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City with the name of the contract, the contract specification number. The invoice shall be itemized by site / location and accompanied by required reporting documents. 41. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice, monthly reporting and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 42. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City Contract Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Contractor. Not later than thirty days after receipt of a written decision on any dispute by the City’s Contract Manager, the Contractor may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Contractor may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the Contractor from full and timely performance in accordance with the terms of this contract. 43. Agreement Parties. City: Todd Beig hts City of San Luis Obispo 25 Prado Road San Luis Obispo, CA 93401 Contractor: X All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 44. Incorporation by Reference. City Request for Proposal Specification No. 50200-2014LS and Contractor's proposal dated April 30,2014, are hereby incorporated in and made a part of this Agreement. 45. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. If, at any time during the project, the Contractor is directed to do work by persons other than the City Contract Manager and the Contractor believes that the work is outside of the scope of the original contract, the Contractor shall inform the Contract Manager Attachment 1 C5 - 16 Landscape Contract Maintenance – Specification 50200-2014LS Page 14 of 34 immediately. If the Contract Manager and Contractor both agree that the work is outside of the workscope and is necessary to the successful completion of the work, then a fee will be established for such work based on Contractor's hourly billing rates or a lump sum price agreed upon between the City and the Contractor. Any extra work performed by Contractor without prior written approval from the City Contract Manager shall be at Contractor's own expense. 46. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement, the said specification and incorporated documents. Authority to Execute Agreement. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONTRACTOR: Katie Lichtig, Cit y Manager By: APPROVED AS TO FORM: J. Christine Dietrick, City Attorney Attachment 1 C5 - 17 Landscape Contract Maintenance – Specification 50200-2014LS Page 15 of 34 Exhibit A to Agreement SCOPE OF WORK AND SERVICE LEVELS DETAILED DESCRIPTION OF WORK 1. Litter Control. Ground Litter. The Contractor shall pick up litter as encountered during scheduled visits to the locations listed in Contract Proposal, taking particular care to remove fecal matter from turf areas and from areas that are highly traveled and highly visible, including parking lots. Posted Material. The Contractor shall remove all posters, flyers, signs, and advertisements including staples, tacks, nails, and tape that are attached to trees, poles, and any other structures. Disposal of Gathered Litter and Material. Disposal of collected litter shall be at the Contractor's expense and not deposited in site garbage cans and dumpsters. The City shall remove trash from site garbage cans unless otherwise specified. 2. Walkway Maintenance. Litter Control. The Contractor shall remove all trash, weeds, and foreign objects from walkway surfaces as established for each Service Level. The Contractor shall then remove all trash, weeds and foreign objects from the site. Blow Pack Use. In the downtown area, blow packs may be used between 7:00 AM and 10:00 AM. In residential areas blow packs may be used between 8:00 AM and 5:00 PM. All litter swept with a blow pack shall be picked up and removed from the site. Because of inherent noise and dust problems, the Contractor shall display courtesy and consideration towards citizens and businesses whenever a blow pack is used and shut down or direct blowing away from pedestrians. Washing. Washing walkways shall not be permitted unless specifically authorized by the City's Contract Manager and undertaken with proper controls to prevent pollution of stormwater. Pruning. In addition to the specified scheduled pruning, the Contractor shall prune trees, shrubs and groundcovers whenever necessary to keep walkways clear and to maintain pedestrian safety. Equipment Pads. Equipment pads shall receive the same maintenance as walkways. 3. Irrigation. Manual Irrigation. The Contractor shall manually irrigate vegetation as required to maintain proper plant growth. This manual irrigation shall include watering with hoses, hose bibs, quick couplers, nozzles, and sprinklers furnished by the Contractor. Manual irrigation may be required in addition to, in conjunction with, or in the absence of automatic irrigation. The Contractor shall irrigate at times of the day that shall ensure maximum plant health and minimum inconvenience for people using the area. The Contractor shall avoid water runoff onto roadways, walkways and other hard surfaces. Recycled water shall be prevented from landing on picnic tables and drinking fountains. Schedules. On January 1, April 1, July 1, and October 1 of each year, the Contractor shall submit a proposed irrigation time of day schedule for all areas for the next 3 months. This schedule form will be provided by the city and the schedule must be approved by the City's Contract Manager. Automatic Irrigation. The Contractor shall operate all automatic irrigation systems. Automatic irrigation shall normally take place during night or early morning hours. The Contractor shall program automatic controllers for seasonal water requirements. During periods of rain, the contractor shall deactivate all automatic programming and go into “rain shut down.”,. The contractor shall notify the City when “rain shut down” is both activated and deactivated. Failure to activate “rain shut Attachment 1 C5 - 18 Landscape Contract Maintenance – Specification 50200-2014LS Page 16 of 34 down” during rainy weather will result in the contractor being liable for the cost of water used, per location, during rainy periods. If plant material dies due to inadequate water or over watering, the Contractor shall replace all dead plant material within 3 weeks of written notification, at no cost to the City. Irrigation System Inspection and Repair. The contractor shall maintain all irrigation systems in proper adjustment to avoid water runoff or overspray onto adjacent properties, roadways, walkways and other hard surfaces. The Contractor shall perform monthly irrigation system inspections by turning the system on, checking for leaks, overspray and other coverage issues, and making necessary adjustments and repairs. The Contractor shall notify the City of the inspection and submit an irrigation report the first of every month during the irrigation season. The contractor is responsible for repairs and replacements from the lateral line up, including swing-joints, risers, irrigation heads, drip emitters, and tubing. The City shall be responsible for any other irrigation system repairs. The Contractor shall report any irrigation problems that are the City’s responsibility, to the City as soon as noted, particularly any repairs needed for irrigation controllers, or improper coverage that could lead to plant death or site runoff. The Contractor shall manually irrigate an area as needed while an irrigation controller is being repaired. Before fertilization the Contractor shall check each automatic irrigation system for proper operation and adjustment. Non-Potable (recycled) water training. Worker safety training is required for all workers working in identified areas that use non-potable (recycled) water. The training will be provided by the city and scheduled once the reclaimed systems are operable. Water Conservation. All irrigation schedules shall comply with any watering restrictions imposed by the City of San Luis Obispo Utilities Department during drought conditions. When the Utilities Department has imposed watering restrictions, the Contractor shall consult with the City's Contract Manager to determine the best allocation of available water, considering plant species, time of year, location, and other environmental factors. Each month the Contractor shall monitor the effects of manual irrigation. During periods of officially declared water use restrictions, the Contractor shall report each month the amount of water used at each work location. Failure to comply with any mandatory restrictions may result in the contractor being liable for the cost of water used per location. 4. Disease and Pest Control. Protection of Vegetation and the Public. The Contractor shall control and eliminate weeds, insects, rodents, and diseases that harm vegetation. In performing this pest control work, the Contractor shall use only materials and methods that will not harm the vegetation or the public. The City strongly encourages the use of Integrated Pest Management concepts in all parks. Application Plan. The Contractor shall provide a application plan to the City's Contract Manager for approval. This plan shall include the disease or pest to be treated, the type and name of the product proposed to be used and copies of both the product label and Material Safety Data Sheet (MSDS). Following any pesticide application, the Contractor shall submit to the City's Contract Manager on the first of the month a copy of all pesticide use reports identifying the type and brand name of the chemical, the date, rate and specific location of application. Pesticide Application Licenses and Permits. The Contractor and its employees and subcontractors shall have and maintain all required permits and licenses required by the State of California before applying any pesticide. Pesticide Acceptability. Any pesticide used shall be selected from the list approved by the State of California Department of Pesticide Regulations. Restricted materials may only be used with approval from the City and a permit issued by the San Luis Obispo County Agricultural Commissioner. Rodent Traps. The Contractor shall not use rodent traps without prior written approval from the City's Contract Manager for the location and type of trap to be used. Traps w ill not be allowed in any area where children could be expected to play. Attachment 1 C5 - 19 Landscape Contract Maintenance – Specification 50200-2014LS Page 17 of 34 5. Turf Maintenance. Mowing. The Contractor shall mow all turf areas at the locations and frequencies established for each Service Level. The Contractor shall mow turf in a workmanlike manner that ensures a smooth surface without scalping or leaving excessive cuttings. All mowing equipment shall be adjusted to the proper cutting heights and sharpened adequately. Mowing height shall be two inches for all turf areas, unless otherwise specified by the City's Contract Manager for special events and other conditions. Immediately before each mowing, the Contractor shall remove all litter and trash from turf areas. Immediately after each mowing, the Contractor shall clean all adjacent walkways. Mechanical Edging. The Contractor shall mechanically edge all turf areas. The Contractor shall edge all turf borders to leave a neat, uniform line and eliminate all grass invasion into adjacent areas. The Contractor shall also edge around other obstacles within turf areas to leave a neat, well-trimmed appearance and to allow optimum operation of sprinkler heads. When using string trimmers the Contractor shall take care to protect trees and shrubs from damage. Power edgers with rigid blades shall leave a well-defined v-shaped edge that extends into the soil. Chemical Edging and Detailing. With approval from the City's Contract Manager the Contractor may apply edging chemicals around areas such as planters, building walls, trees, fence lines, and sprinkler heads. Before applying chemicals, the Contractor shall trim all areas to the proper height. Fertilizing. The Contractor shall fertilize all turf areas as specified for each Service Level, except at identified areas that use recycled water, where no fertilization will be required. Application dates shall be approved by the City's Contract Manager. Following application, fertilizer shall be thoroughly watered into the soil within 24 hours. The Contractor shall notify the City's Contract Manager via the submitted monthly schedule a minimum of one week before a fertilizer application. The turf fertilizer shall be a complete fertilizer with a ratio of 4-1-2. The Contractor shall evenly br oadcast the fertilizer at a minimum rate of one pound actual available nitrogen per 1,000 square feet of turf area per application. Any fertilizer landing outside the turf area shall be swept up and removed. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Seed / Sod. Seed or sod replacement for bare areas shall be perennial rye grass or match surrounding turf. Weed Control. The Contractor may apply selective herbicides. The Contractor shall also perform any additional weeding necessary to keep the turf free of weeds. This additional weeding may be performed by hand or by using selective herbicides. 6. Groundcover Maintenance. Edging. The Contractor shall edge all groundcover areas as specified for each Service Level. The primary purpose for edging the groundcover is to prevent it from growing onto walkways, roadways, hard surfaces, fences, and walls. The Contractor shall not use chemical edging methods without prior approval from the City's Contract Manager. Fertilizing. The Contractor shall fertilize all groundcover areas as specified for each Service Level. Following application, fertilizer shall be thoroughly watered into the soil within 24 hours. The Contractor shall notify the City's Contract Manager via the submitted monthly schedule a minimum of one week before a fertilizer application. The groundcover fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of groundcover area per application. Any fertilizer landing outside the groundcover area shall be swept up and removed. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain groundcover areas in a weed free condition. This weeding may be performed by hand or by using selective herbicides. 7. Shrub Maintenance Attachment 1 C5 - 20 Landscape Contract Maintenance – Specification 50200-2014LS Page 18 of 34 Pruning. The Contractor shall prune all shrubbery at the locations as specified for each Service Level. The primary purpose for pruning the shrubbery shall be to encourage healthy and attractive growth according to prescribed industry practices. Such pruning shall encourage the graceful, natural growth of the shrub and shall maintain plant health through removal of dead, diseased, or injured wood. The secondary purpose for pruning the shrubbery shall be to prevent it from growing onto walkways, roadways, and other hard surfaces. Where the specified pruning frequency is two times per year, the shrubs shall be pruned in the spring and fall. When required, the Contractor shall remove dead shrubbery. Fertilizing. The Contractor shall fertilize all shrub areas at the locations as specified for each Service Level.. Where the specified fertilizing frequency is twice a year, the shrubs shall be fertilized in April and September. Where the specified frequency is other than twice a year, the application dates shall be approved by the City's Contract Manager. Immediately following application, fertilizer shall be thoroughly watered into the soil. The Contractor shall notify the City's Contract Manager one week before a fertilizer application. The shrub fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of shrub bed area per application. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain all shrub beds in a weed free condition. At a minimum, the contractor shall perform weeding at the locations as specified for each Service level. This weeding may be performed by hand or by using selective herbicides. When weeding is completed, the Contractor shall rake the shrub beds clear of all leaves and debris. 8. Tree Maintenance. Pruning. The only purposes for pruning the trees shall be to maintain proper pedestrian clearances and to remove suckers. The Contractor shall not make structural changes to the trees. The Contractor shall report the need for any additional pruning to the City's Contract Manager. Staking. The Contractor shall make minor staking repairs to all trees as required. Minor repairs shall include replacing or repairing ties, and refastening boards and braces. The Contractor shall report the need for more extensive repairs to the City's Contract Manager. 9. Miscellaneous Weed Control. The Contractor shall maintain all fence lines, light standard bases, tree wells, buildings, walls, sidewalks, curbs, gutters, asphalt berms, parking lots, signs structures, and equipment pads etc. in a weed free condition. All non- landscaped areas shall be weed free. Herbicides used for weed control must have prior approval from the City's Contract Manager. The contractor shall perform all annual weed abatement in late May or as required by the San Luis Obispo Fire Department. 10. Drinking Fountain Maintenance. The Contractor shall clean, scrub and disinfect all drinking fountains at the locations as specified for each Service Level. 11. Site Inspection and Reporting. Review entire site on each occasion that a site visit is made for any reason. Report any problems, including irrigation, damage, graffiti or user issues, the same day by email, or phone if immediate repairs are needed. SERVICE LEVELS Level 2: High Level Maintenance associated with well-developed public areas, malls, government grounds. Weekly Walkway and Turf Maintenance: Perform all aspects of walkway and mowing and edging work of turf maintenance once every five working days. Attachment 1 C5 - 21 Landscape Contract Maintenance – Specification 50200-2014LS Page 19 of 34 Aeration: Complete aeration routinely to maintain vigorous turf but not less then two times per year. Reseeding / sod: Reseed or install sod in bare spots for areas larger than 4 square feet. Fertilizer: Apply adequate fertilizer to ensure all plants are healthy and growing vigorously. Amount depends on species, length of growing season, soils and rainfall. Rates should correspond to at least the lowest recommended rates. Distribution should ensure an even supply of nutrients for the entire year. Trees, shrubs, turf and flowers should receive fertilizer levels to ensure optimum growth. Weed Control: Weed control practiced when weeds represent more than 5% of the turf area. Litter Control: Complete all aspects of Litter Control, at minimum, 3-5 days per week as needed so high use areas are clean. Collect litter in landscaped areas and along any property fences. Tree, Shrub and Groundcover Maintenance: Complete all aspects of tree, shrub and groundcover maintenance for health, safety, and to maintain a neat, well maintained appearance, and maintain walkway and other clearances. Sculpted hedges or high growth species may dictate a more frequent requirement than most trees and shrubs in natural growth plantings. Disease and Pest Control: Disease and pest control shall be performed as needed to prevent loss or disfiguration of vegetation. Surfaces: All surfaces are to be maintained in a clean condition. Surfaces are walkways, sidewalks, stairs, tops of planters, etc. Level 3 - Moderate level maintenance associated with locations that have moderate to low levels of development or visitation. Every Two weeks. Walkway and Turf Maintenance: Perform all aspects of Walkway Maintenance and mowing, edging and weed control work of Turf Maintenance every ten working days. Aeration: Complete aeration when turf vigor is low and prior to fertilization. Reseeding / sod: Reseed or install sod in bare spots for areas larger than 25 square feet. Fertilizer: Apply fertilizer when turf vigor is low at a minimum complete a low level application once per year. Litter Control: Complete all aspects of Litter Control, at a minimum, once every ten working days. High use may dictate higher levels during the warm season. Tree, Shrub and Groundcover Maintenance: Complete all aspects of tree, shrub and groundcover maintenance: Complete all aspects of Tree, Shrub and Groundcover Maintenance when required for health, safety, walkway clearance or reasonable appearance. Usually twice per year but in some species or locations may need pruning more frequently. Disease and Pest Control: Disease and Pest control shall be performed as needed to prevent loss of vegetation. Surfaces: Clean surfaces once every ten working days. Level 4 - Moderately low level maintenance associated with areas that have moderate to low levels of development or visitation. Monthly Turf Maintenance: Low frequency mowing scheduled based on species. Low growing grasses may not be mowed. High grasses mat receive periodic mowing. Walkway Maintenance: Complete all aspects of Walkway Maintenance at least once per month. Litter Control: Once per month. Complaints may increase level above one servicing. Attachment 1 C5 - 22 Landscape Contract Maintenance – Specification 50200-2014LS Page 20 of 34 Pruning: Remove dead or damaged growth. No regular schedule. Disease and Pest Control: Disease and pest control shall be performed as needed to prevent loss of vegetation. Level 5 - Minimum level maintenance. As needed. These areas will be cleaned or attended to when the City’s Contract Manager notifies the Contractor to perform the work. Bid these areas on what it would cost to visit site one time to clean walkways, pick up litter, trim bushes, weed whip grasses and leave the area safe and sightly. Level 6 – Union Pacific Railroad Right of Way Twice per year Work is to occur once in Fall, between mid-October and mid-November, and again in late Spring (before fire season starts) between late May and mid-June. Spring work timing may vary depending upon weather. Fire season in California is typically April 1 to December 1 (Southern and inland regions) and May 1st to November 1 (North and coastal regions). There is a one (1) time only initial clean-up to bring the Union Pacific Railroad (UPRR) Right of Way (ROW) to UPRR Standards (see below). Provide ROW clearance (spraying pre-emergent, mowing, line trimming, tree/shrub trimming and litter control) on those parts of UPRR ROW property, within the City Limits, that lie ten feet or more from the nearest rail on any railroad track. UPRR will control any vegetation/litter within ten feet of any tracks. If there are multiple tracks, UPRR will control any vegetation/litter between tracks. The Landscape Contractor will be responsible for all areas 10 feet away from the nearest rail to edge of the ROW and the beginning of public or private property. UPRR will maintain the first 300 feet of their ROW on either side of railroad / roadway intersections which occur at Foothill Blvd, Marsh Street, and Orcutt Road. Under no circumstances shall the Contractor place materials or equipment any closer than 25 feet to any railroad track without a railroad flag person present. Union Pacific Rail Road will provide, at no cost to the City or Contractor, a flag person for any work done under this contract between 10 and 25 feet of any railroad track if requested at least one week in advance of commencing work. During any work the Contractor does on UPRR property, the Contractor shall have fire suppression equipment on site. At a minimum, this equipment shall include a 50-gallon tank of water with an application hose. Contractor agrees to follow any additional precautions that may be required under UP RR’s Fire Prevention Plan. Weed Abatement / Vegetation Control: Union Pacific Railroad Right of Way Vegetation Standards Union Pacific Railroad requires the following vegetation standards be maintained for the safety of railroad operations and neighboring communities. Vegetation must be removed from ten feet from track structure to the property line. There should be no ground vegetation present (grass, brush, small trees.) Vegetation may only persist in the event that: • A specific species is protected within local jurisdiction under local, State or federal regulations; OR • ROW conditions are significantly sloped and vegetation is needed for soil stabilization. In the case of a sloped landscape, vegetation must st ill have considerable spacing between plants to prevent the spr ead of fire. Remove vegetation by chemical or mechanical means. Perform the weed abatement by mowing / line trimming all grasses and weeds to 3 inches or less. Follow with a chemical spray to prevent regrowth of the weeds and grasses, within two weeks Attachment 1 C5 - 23 Landscape Contract Maintenance – Specification 50200-2014LS Page 21 of 34 Stands of shrubs forming barriers between the ROW and private property, are to be reported to the City’s contract manager prior to removal. Removal may be delayed to the next maintenance period, to allow time for UPRR to make contact with the private property owner. Trees 6” DBH and under are to be mechanically removed, where DBH is the diameter of the tree bark at 4.5’ above the soil line on the uphill side of a tree. Trees greater than 6’’DBH must be limbed up 15’ from the ground. Cut vegetation may be chipped on site or hauled off the property. Chips are to be spread and may not exceed 3’’ in height from the ground. Vegetation in creeks or drainage culverts shall be cut down by hand or mechanical means to grade, and debris generated shall be removed off site. NO chemical spraying will be allowed within the creek areas. Litter Control: Pick up all garbage and debris in the ROW outside the 10’ limit. Large household items such as couches and appliances found by the Contractor are to be reported to the City of San Luis Obispo’s Solid Waste Staff in the Utilities Department with accurate location information, for proper pickup and disposal. (Call 805-781-7213 or 805- 781-7258). Contractor shall place large items close to a public street access so that Solid Waste Vehicles/Staff can pick up trash safely. Level 7 – Water Resource Recovery Facility (WRRF) Walkway and Turf Maintenance: Perform all aspects of Walkway Maintenance and Turf Mowing once a week. Edge every two weeks. Complete weed control twice a year. Litter Control: Complete all aspects of Litter Control, at a minimum, once a week. Tree, Shrub and Groundcover Maintenance: Complete all aspects of shrub and groundcover maintenance once a month. Edge groundcover monthly. Prune shrubs once per year. Disease and Pest Control: Disease and Pest control shall be performed as needed to prevent loss of vegetation. Surfaces: Clean surfaces once a week. SITE DETAILS Sites with recycled water: • Los Osos Valley Road (LOVR) Islands at Diablo & Descanso, Froom, & Madonna • Calle Joaquin frontages • Margarita Islands on Margarita Rd. • DeVaul Park • WRRF Sites with no automatic irrigation system: • E10 Planters on sidewalk in front of Post Office on Marsh St. • E12 Pedistrian Bulbouts on Higuera, Monterey, & Marsh St. • B2 Murray Islands • B3 Elsford Park • C2 LOVR Sound Wall (broken wires) • C4 Madonna/Higuera Triangles • C5 Johnson St. UPRR Underpass • C10 Cypress Island • C12 Prado Sound Wall • C15 Las Praderas Park • C17 Bishop St. Frontage Attachment 1 C5 - 24 Landscape Contract Maintenance – Specification 50200-2014LS Page 22 of 34 • C21 Monterey St. UPRR Underpass Sites with irrigation typically off: • D9 Anacapa Circle • B5 Elsford Park frontage • C2 LOVR Sound Wall • D1 Auto Park Way Cir. • A8 Poinsettia Creek Walk (except turf areas) • C10 Cypress Island (except newly planted Cypress trees) Attachment 1 C5 - 25 Landscape Contract Maintenance – Specification 50200-2014LS Page 23 of 34 Section E PROPOSAL SUBMITTAL FORMS ACKNOWLEDGEMENT The undersigned declares that she or he: Has carefully examined Specification No. 50200-2014LS Is thoroughly familiar with its content Is authorized to represent the proposing firm; and Agrees to perform the work as set forth in the specification and this proposal. The undersigned is submitting a cost proposal for the following Categories / Service Levels: (Designate with a mark) Category / Service Level Cost Proposal Submitted Not proposing for this category Category A / Level 2 Category B / Level 3 Category C / Level 4 Category D / Level 5 Category E / Level 2 Category F / Level 6 Category W / Level 7 Firm Name and Address: Contact Name: Email: Fax: Phone: Sig nature of Authorized Representative: Date: INSURANCE CERTIFICATE Insurance Company’s A.M. Best Rating Certificate of insurance attached Attachment 1 C5 - 26 Landscape Contract Maintenance – Specification 50200-2014LS Page 24 of 34 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: _________ Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & Email Street Address Cit y, State, Zip Code Date of Services Contract Amount Description of Services Reference No. 2 Customer Name Contact Individual Telephone & Email Street Address Cit y, State, Zip Code Date of Services Contract Amount Description of Services Attachment 1 C5 - 27 Landscape Contract Maintenance – Specification 50200-2014LS Page 25 of 34 Reference No. 3 Customer Name Contact Individual Telephone & Email Street Address Cit y, State, Zip Code Date of Services Contract Amount Description of Services Attachment 1 C5 - 28 Landscape Contract Maintenance – Specification 50200-2014LS Page 26 of 34 Costs for Exhibit B to Agreement CONTRACT COST PROPOSAL # Category A –Service Level 2 Location Monthly Cost A1 Vista Lago Park 1200 block of Vista Lago A2 Priolo Martin Park 800 block of Vista Collados, from the street to back of the lot as defined by adjacent fences A3 Anholm Park 870 Mission Street between Lincoln and Chorro A4 Buena Vista Circle Median Buena Vista at McCollum A5 Margarita Islands 2 Eight islands on Margarita east of Higuera A6 Osos Triangles (Two) At Osos and Santa Barbara between Leff & Railroad A7 Stoneridge Park 1 Park on Bluerock A8 Poinsettia Creek Walk 3 South of Rosemary, east side from Poinsettia to RR tracks, west side from Poinsettia 350 feet to asphalt path A9 Poinsettia Mini Park Next to 4654 Poinsettia extending to RR tracks west of service road & behind homes to Poinsettia? A10 De Vaul Ranch Park Madonna Road at Spooner A11 Fire Station 1 NE corner of Broad, South and Santa Barbara Streets A12 Fire Station 4 NE Corner of Madonna & LOVR Roads A13 City Hall / Little Theater 1, 4 990 Palm & 880 Morro A14 Police Facility & adjacent house 1016, 1020 & 1042 Walnut Streets A15 Ludwick Center NE Corner of Santa Rosa & Mill Streets A16 Emerson Park & Recreation Offices 1341 Nipomo A17 Mitchell Park- Senior Center 1400 Osos and 1445 Santa Rosa A18 Mission Plaza Extension Creek walk between Broad & Nipomo A19 City County Library 955 Palm, corner Osos & Palm A20 Monterey Triangle & Cuesta Inn Monterey to Garfield (Buena Vista-Garfield) A21 Adobe Homes 2 466 Dana St. and 1585 Lizzie St Category A Notes: 1. Weed abatement each year at end of May 2. Maintain non-landscaped areas free of weeds and rodents 3. Remove litter from creek and empty and reline trash cans 4. City Hall- Little Theater is high litter site Attachment 1 C5 - 29 Landscape Contract Maintenance – Specification 50200-2014LS Page 27 of 34 # Category B –Service Level 3 Location Monthly Cost B1 Madonna Road Islands 2 Madonna Road at El Mercado (3 islands) B2 Murray Islands 1, 4 Murray between Santa Rosa and Broad (4 islands) B3 Elsford Park & Extension 1 San Luis Drive, California to the property line at 1680 San Luis Drive, from street to the creek B4 Eto Park End of Brook Street West Side B5 Prado Rd. Medians Phase I 2, 3 Prado medians and traffic circle from 660 ft. west of Serra Meadows to 330 ft. east of Serra Meadows B6 Cheng Park Corner of Marsh & Santa Rosa B7 Railroad Recreation Trail Orcutt Road to Jennifer Street bridge B8 Bill Roalman Bicycle Boulevard End of Morro at Santa Barbara B9 South Street Soundwall & 5 medians, Higuera to Broad Bus stop on South, near Higuera, ends at Beebee Islands from Beebee to Broad B10 Tank Farm Road Sound Wall Both sides of Tank Farm from Broad to RR tracks B11 Tank Farm Road Extension South side of Tank Farm from east side RR tracks to Orcutt B12 Corporation Yard 25 Prado Road Category B Notes: 1. Maintain non-landscaped areas free of weeds and rodents 2. Maintain all stamped concrete areas on traffic islands 3. No work until final acceptance from the developer, currently schedule for City maintenance July 2015 4. No Chemical use at this location - NO Spray Zone Attachment 1 C5 - 30 Landscape Contract Maintenance – Specification 50200-2014LS Page 28 of 34 # Category C –Service Level 4 Location Monthly Cost C1 Los Osos Valley Road Islands 1 Los Verdes Park near Higuera (2) Froom Ranch (2) Madonna (1) Descanso (1) Diablo (1) C2 Los Osos Valley Road Soundwall 5 North side of Los Osos Valley Road- from Royal Way to Oceanaire,& from Laguna School to Let It Be Open Space C3 Madonna Road Frontage Roads 2 Both sides of Madonna Road from Oceanaire to Pereira C4 Madonna/Higuera Triangles 3 Madonna at Higuera C5 Johnson Avenue Railroad Underpass South of Buchon to the east side of underpass, both sides of Johnson including the planted area around the pump station and the drainage basin to the east C6 Grand Avenue Islands 3 Grand from Monterey to Slack C7 Broad Street Islands 3 Broad from Orcutt to Capitolio (3 islands) C8 Orcutt Islands & Frontages 3 Islands on Orcutt and frontages at Laurel Lane intersection C9 Santa Rosa Street Median Islands 3, 4 Santa Rosa from Oak to Westmont C10 Goldenrod Frontage Street landscaping at the end of Goldenrod & portions of Northeast corner of Goldenrod at Larkspur and at bridge C11 Portola Fountain Triangle Higuera at Marsh including triangle south westside of intersection next to 390 Higuera C12 Brizzolara Soundwall West side of Brizzolara C13 Calle Joaquin Calle Joaquin from LOVR to C14 Las Praderas Soundwall & Tank Farm Islands 3 West side of lower Higuera at Las Praderas, 300 feet in both directions, small traffic signal island at Tank Farm and island on Tank Farm at Long St. C15 Las Praderas Park Area at end of Las Praderas between 18 and 28 Mariposa C16 Monterey Street Railroad Underpass Between Pepper and RR right of way, from Palm to Higuera, and both sides under the underpass to the east side of the property lines C17 Bishop Street Frontage West of Augusta to the water tank drive C18 Edna/Islay Creek Walk Wavertree St. at Iron Bark to Spanish Oaks includes entrance between 4542 and 4546 Category C Notes: 1. Weed abatement, frontage road from Fire Station #4 south to Froom Ranch Rd every May/June. Remove trash, sediment, and debris on a monthly basis in island and at any catch basins. 2. Maintain the lower bottlebrush near Oceanaire & Pereira at 36 inches. Trim bottlebrush to maintain visibility of all road signs. City will prune all other bottlebrush once a year. 3. Maintain all stamped/rockscape concrete areas on traffic islands. 4. Cut back all ornamental grasses in March 5. Empty and reline trash can at bus stop Attachment 1 C5 - 31 Landscape Contract Maintenance – Specification 50200-2014LS Page 29 of 34 # Category D –Service Level 5 Location Visit Cost (Each) D1 Auto Park Way Circle East end of Auto Park Way at Los Osos Valley road D2 Upper Buena Vista Circle End of Buena Vista D3 Los Cerros Drive Walkway North end of Los Cerros to footbridge at Highland Dr. D4 Ferrini Open Space 1 Patricia south of Anacapa D5 Highway 101 Entrance Signs 1, 5 Northbound 101 between LOVR and Prado Rd Southbound 101 north of Reservoir Canyon Rd. D6 Let It Be Open Space 1 East side of Los Osos Valley Road from Diablo to City Limits and to fence D7 Vista Lago-Collados Lake Access 1 Natural area between the end of Vista Collados, including the south edge of the road and all of the area north of the road to the lake D8 Vista Lago Lake Overlook 4 Vacant lot between 1168 & 1174 Vista Lago D9 Anacapa Circle Anacapa off Patricia including the parking area D10 Target/Froom 2, 3 Bio-swale North of LOVR & entrance to Target Shop.Cntr. D11 Cypress Island 6 South Higuera east side of Granada (4 times per year typical – provide per visit cost) D12 Prado Road Soundwall 6 Soundwall on north side of Prado Road, east of Higuera (4 times per year typical – provide per visit cost) D13 San Luis Drive Frontage - East North end of San Luis Drive landscape between the road and creek (2 times per year typical – provide per visit cost for Spring and Fall maintenance) D14 San Luis Drive Frontage – West California to 1424 San Luis Drive (near Johnson) D15 Railroad Recreational Trail West of California Blvd, from Cal Poly to Taft (US 101) (2 times per year typical – provide per visit cost for Spring and Fall maintenance) Category D Notes: 1. Weed abatement each year at end of May/mid June 2. Weed abatement, frontage road from Fire Station #4 to Froom Ranch Rd every May/June. Remove trash, sediment, and debris on a monthly basis in island and at any catch basins. 3. No work until final acceptance from the developer, currently schedule for City maintenance July 2016 4. Maintain non-landscape areas free of weeds and rodents 5. Northbound Hwy 101 weed control in front of sign and along fence line 6. Maintain non-landscape areas free of weeds and rodents Attachment 1 C5 - 32 Landscape Contract Maintenance – Specification 50200-2014LS Page 30 of 34 # Category E–Service Level 2 Parking Lot Landscape Areas Location Monthly Costs E1 Amtrak/Railroad Square 1 Train Station off Osos Street from Roundhouse to Santa Rosa Streets E2 Museum Lot 9 Off Monterey next to Museum E3 630 Monterey Lot 14 Corner Monterey, Nipomo & Palm E4 Art Center Lot 15 Corner Monterey & Broad E5 736 Marsh Lot 2 Between Broad, Marsh & Garden E6 Nipomo Lot 10 Corner of Higuera & Nipomo E7 Muzio’s Lots 3 and 11 In block bordered by Palm, Monterey, Chorro, & Morro E8 955 Morro Lot 18 Off Morro between Monterey & Palm E9 Palm Street Parking Garage Palm and Morro E10 Marsh Street Parking Garage In block bordered by Marsh, Morro, Pacific and Chorro E11 919 Parking Garage Corner Morro and Palm Streets E12 Downtown sidewalk bulbout planters (4) 2 Mid-block Monterey, Morro to Chorro; Higuera & Marsh streets, Morro to Chorro, at Ross on Higuera & at Parable on Marsh Category E Notes: 1. Annual weed abatement, end of Church St. and between RR tracks and parking lot from Jennifer St. bridge to High St. and RR Museum site. 2. Bulbout planter in front of ‘Ross Dress for Less’ on Higuera - litter & debris removal only. Plant material maintained by volunteers # Category F–Service Level 6 Location Visit Cost (Each) F1 Union Pacific Rail Road Right of Way 1 Railroad right of way from 300 ft. west of Foothill to RR mile marker post 251 (approx. 5 miles long) First year Fall Vegetation & Debris Management (bring site up to new UPRR standards) First Fall visit – 1 time unit cost Annual Spring Annual Fall Category F Notes: 1. Spring and Fall complete vegetation abatement, including small tree removals, and debris and trash removal. Fall visit, include tree trimming. # Category W–Service Level 7 Location Monthly Cost W1 Water Resource Recovery Facility 35 Prado Rd & groundcover and shrubs along drive fence line to bus yard and WRRF entrance Attachment 1 C5 - 33 Landscape Contract Maintenance – Specification 50200-2014LS Page 31 of 34 Exhibit C to Agreement UNIT COSTS The Contractor will provide all labor, equipment, and materials to install the following items on request in accordance with City Specifications at the lump sum price of: Item Unit Unit Price 1 gallon plant each 5 gallon plant each 15 gallon plant each 15 gallon tree with stakes and ties (Per specification 8220 - 8250) each 24” box tree with stakes and ties (Per specification 8220 - 8250) each Turf type sod per sq. ft. Re-Seed Turf areas per sq. ft. Ground cover from flats per flat Bark mulch installation (labor and materials) per cubic yard Bark mulch installation (labor only) per hour Irrigation Repairs (labor) per hour Weed Abatement (labor) per hour Emer gency Work (labor) per hour Attachment 1 C5 - 34 Landscape Contract Maintenance – Specification 50200-2014LS Page 32 of 34 Section F INSURANCE REQUIREMENTS: Operation and Maintenance Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance . Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liab ility and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Attachment 1 C5 - 35 Landscape Contract Maintenance – Specification 50200-2014LS Page 33 of 34 Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein. Attachment 1 C5 - 36 Landscape Contract Maintenance – Specification 50200-2014LS Page 34 of 34 Section G APPENDICES Location Maps 1. Category A - Service Level 2- Landscaped Areas with turf 2. Category B - Service Level 3 - Landscape Areas without turf 3. Category C - Service Level 4 - Medians, Islands, frontages & sound walls 4. Category D - Service Level 5 - Circles, walks, signs, etc. 5. Category E - Service Level 2 -Parking Lots 6. Category F – Service Level 5 –Union Pacific Rail Road Right of Way Weed Abatement 7. Category W –Service Level 7 –Water Resource Recovery Facility (WRRF) Attachment 1 C5 - 37 Attachment 1 C5 - 38 Attachment 1 C5 - 39 Attachment 1 C5 - 40 Attachment 1 C5 - 41 Attachment 1 C5 - 42 22063000905473 MILL C A L I F O R N I A PEACH T O R O PALM PALM C A S A J O H N S O N P E P P E R S A N T A R O S A FOOT H I L L KE N T U C K Y BOND WALN U T OLIV E O L I V E MURRAY FREDERICKS OAK O S O S SLACK G R O V E MON T E R E Y LO N G V I E W MON T A L B A N STAFFORD EL L E N ALBERT PHIL L I P S PHILLIPS PHIL L I P S HA T H W A Y HAT H W A Y ST E N N E R CHA P L I N M O R R O TAFT TA F T L E M O N OR A N G E HIGU E R A HIGU E R A HILL C R E S T HATHWAY ALLEY LO N G V I E W A L L E Y AL B E R T KENTUCKY ALLEY WILSON MON T E V I S T A TU R N E R TU R N E R HO W A R D CAM P U S W A Y C A R P E N T E R C R A N D A L L P A C H E C O W A Y PEACH PHILLIPS ALLEY McCOLLUM M U S T A N G PALM M I L L A L L E Y MAR S H MON T E R E Y P A L M A L L E Y CO L L E G E Page 2 Page 1 Attachment 1 C5 - 43 22063000905473 J O H N S O N ELLA LEF F T O R O ISLA Y PISM O MAR S H SA N L U I S BUC H O N IRIS IRIS O S O S O S O S P E P P E R S I E R R A S A N T A R O S A GEO R G E PALM HIGU E R A HIG U E R A LIZZ I E MON T E R E Y M O R R O C H O R R O B I N N S F I X L I N I FIXL I N I UPH A M SA N T A B A R B A R A CHU R C H CHU R C H CA Z A D E R O RA C H E L R U T H PAC I F I C PAC I F I C C A L I F O R N I A A U G U S T A BIS H O P H E N R Y BRE C K SW A Z E Y RA I L R O A D J E N N I F E R CO N E J O P E N N Y F A I R V I E W PISM O B U C H O N A L L E Y KRISTY KENDRA B R E C K A L L E Y G A R D E N W I L D I N G G R O V E CO R R A L I T O S MILL Page 3 Page 2 Page 1 Attachment 1 C5 - 44 22063000905473 B R O A D BISH O P A U G U S T A ORCUTT H E L E N A GA R I B A L D I Mc M I L L A N V I C T O R I A V I C T O R I A LE O N A LAWRENCE LAW R E N C E RA C H E L STONERIDGE FL O R E N C E PERK I N S MITCHELL R O C K V I E W FRAN C I S S I E R R A ELLA DU N C A N SYD N E Y SYD N E Y GA I L SA N T A B A R B A R A BU S H N E L L EM I L Y BO U L E V A R D D E L C A M P O WOODBRIDGE REB A SWE E N E Y HIGH HUM B E R T SAN M A T E O SAN C A R L O S SAN CARLOS SW A Z E Y J O H N S O N CAU D I L L CAUDILL CEC E L I A J E N N I F E R RICH G R E T A BLU E R O C K MA S O N ROUNDHOUSE MUTS U H I T O JO Y C E CH A N D L E R ALPH O N S O FLETCHER SANTA CLARA PAULINE MORRISON TR E V O R SYLVIA FUNSTON BI N N S UPH A M GEO R G E SA C R A M E N T O FE N N E L Page 4 Page 3 Page 2 Attachment 1 C5 - 45 22063000905473 ORCUTT B U L L O C K LA U R E L B R O A D S A C R A M E N T O SA C R A M E N T O INDU S T R I A L WO O D S I D E FERN W O O D CAP I T O L I O SOUTHWOOD DU N C A N BAY L E A F RICA R D O KEN T W O O D BOUG A I N V I L L E A VIA E S T E B A N BE D F O R D C A M D E N TARRAGON H O L L Y H O C K LA W N W O O D WILL O W CYCLAM E N BRIARWOOD LE X I N G T O N BASIL LA V E N D E R R O B E R T O M I G U E L I T O TA N G L E W O O D COLUM B I N E CORI A N D E R CORIANDER OAKW O O D P O I N S E T T I A WI N T E R G R E E N CH A M O M I L E Page 5 Page 4 Page 3 Attachment 1 C5 - 46 22063000905473 TANK FAR M POI N S E T T I A FUL L E R IRONBARK O R C U T T GOLDENROD WA V E R T R E E ALDER BR O O K P I N E S U N F L O W E R TUL I P SAWLEAF L A R K S P U R LILY S P A N I S H O A K S SNAPDRAGON ARALIA S U N R O S E S W E E T B A Y BLUEBELL B L U E B E L L CHAP A R R A L M O R N I N G G L O R Y POP P Y HO L L Y H O C K ASHMORE HANSEN SU M A C WIS T E R I A BOXWOOD YA R R O W M A D R O N E RO S E M A R Y OLE A PU R P L E S A G E SPIT F I R E MANZ A N I T A AMB R O S I A C O R N U S LOBELIA FELICIA Page 5 Page 4 Attachment 1 C5 - 47 Page intentionally left blank. 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