Loading...
CC - Item 3J - RFP Landscape Maintenance Services ~~.. ~_ ~~ ' r.. ~5 `NFU7;p~1'i: C~ ''/ ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER ~^'C,'Q""' DATE: DECEMBER 16, 2008 SUBJECT: APPROVAL OF SPECIFICATION AND AUTHORIZATION TO SOLICIT PROPOSALS FOR CITYWIDE PARKS, FACILITIES, AND PUBLIC RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES SUMMARY The City of Rosemead currently uses outside contractual services to perform landscape maintenance at its parks, facilities, roadway medians, and parkways. Services performed by contract landscape maintenance crews include turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control, and general cleanup. These services are critical to ensure that the City's public landscaped areas are maintained at a high level. Recently, staff learned that the existing landscape maintenance contract with Mariposa Horticultural Enterprises expired in June 2007 and the City has continued to work with Mariposa on a month-to-month basis. Staff Recommendation Staff recommends that the City Council approve the attached specifications for landscape maintenance services and authorize staff to solicit proposals from the attached list of qualified landscape maintenance firms. DISCUSSION The City of Rosemead currently has 15 parks and facilities locations available to the public. These locations fall into several categories, including: • . Community centers and libraries (Garvey Community Center, Rosemead .Community Center) • City facilities (City Hall, Dinsmoor House) • Sports field park sites (Sports Complex, Garvey Park) • Park sites (Rosemead Park, Zapopan Park) In addition, the City has several public right-of-way areas (medians, parkways) that require regular landscape maintenance services. ITEM NO. ~~ APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting December 16, 2008 Page 2 of 2 Project Description The current contract for landscape maintenance services expired on June 30, 2007. Since learning of the expired contract, staff has worked with Mariposa Landscape Services to operate on a month-to-month contract basis. The scope of work in-the proposed contract includes the maintenance of landscape and irrigation systems for 15 City parks and facilities totaling approximately 40 acres. To ensure that a high standard of service is maintained, specifications for the installation of material, the application of herbicides and fertilizers, and .landscape maintenance schedules are detailed in the proposed agreement. The agreement also contains a provision requiring minimum staffing levels and allows the City to alter the frequency of maintenance when necessary. Service levels will be monitored by City staff who will also review the contractor's required reports.of maintenance activities. The term of the contract is for three years, and, due to the large commitment of personnel and equipment required by the contract, there are two, optional one-year extensions. An annual CPI increase is included after the 3~d year of service, subject to a maximum increase of 2.5%. Experience has proven that amulti-year contract is the most cost-effective means to have maintenance work performed for both the City and the contractor. Bid Process and Analysis Upon City Council approval, the RFP will be mailed to a list of known qualified landscaping maintenance service providers. Tentatively, proposals will be due to the City by Tuesday, January 13, 2009 and staff will present a recommendation to the City Council on February 10, 2009. The timeline for soliciting proposals is included in the RFP (see RFP Page 2). If approved, the new contract would begin March 1, 2009. Prepared by: Farid Hentabli Senior Management Analyst Submitted by: r Chris Marcarello Deputy Public Works Director Bri~ Ass nt City Manager Attachments: (1) Request for Proposal -Landscape Maintenance of City Parks and Facilities (2) Contractor's List (3) Draft Maintenance Services Agreement CITY ®F R®SEiVfEAD REC~UEST FOR PROPOSa4L Landscape Maintenance of City Parks and Facilities December 16, 2008 Request For Proposal -Landscaping Page 2 1. INTRODUCTION The City of Rosemead ,is seeking Request For Proposals (RFP's) from qualified 'contractors for landscape maintenance services at various City facilities: Specifically, the City of Rosemead is interested in receiving proposals for landscape maintenance at City parks,, public facilities, roadside medians and street parkways. A complete list of the maintenance locations is included in Attachment A. 2. PROPOSAL SUBMITAL DATE AND REVIEW Contractors must. submit three (3) complete copies of their proposals before Jan. 13, 2009, at 10:30 AM. All proposals must be delivered to the office of the City Clerk, City of Rosemead, or mail to: City of Rosemead Attn: City Clerk 8838 East Valley Boulevard Rosemead, CA 91770 The received proposals will become part of the official files of the City of Rosemead and will not be returned. Late proposals will not be accepted. The RFP package needs to be sealed and labeled as follows: Proposal For Landscape Maintenance Services -CONFIDENTIAL All proposals will be reviewed to d?termine conformance with the RFP requirements. Any proposal deemed incomplete, conditional, or non-responsive to the requiren gents of the RFP may be rejected. The City reserves the right to reject any and all proposais. After a careful review of each submitted proposal, the City will conduct a thorough evaluation, as detailed in Section 6D of this RFP. The evaluation will ,lead to the selection of a contractor and an award of a maintenance contract. 3: CITY POINT OF CONTACT The sole source of contact regarding this RFP is Chris Marcarello, Deputy Director of Public Works Business Unit, (626) 569-2118. Contractors interested in submitting a proposal are asked not to contact other members of the City of Rosemead staff in connection with the RFP prior to the announcement of the selected contractor. 4. SCHEDULE The following are key dates for-the landscape maintenance RFP: Mailing of RFP: December 18, 2008 Mandatory Pre-Bid Meeting January 6, 2009 at 8:00 AM Public Services Facility (Garvey Park) 7933 Emerson Place Rosemead, CA 91770 Proposals due to the City: January 13, 2009, before 10:30 AM City Council Contract Award: February 10, 2009 2 Request For Proposal -Landscaping Page 3 5. BACKGROUND The City of Rosemead currently maintains the landscaping on its parks, roadway medians and parkways through a combination of a landscape maintenance contract and an in-house maintenance workforce. A complete list of the maintenance locations is included in Attachment A. The intent of this proposal is to provide contractual maintenance services for these areas. 6. GENERAL CONDITIONS A. Authority to Withdraw RFP and/or Not Award Contract The City Rosemead reserves the right to withdraw this RFP at any time without prior notice. Furthermore, the City makes no representations that any Agreement will be awarded to any contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals at its own convenience and to reject any and/or all proposals responding to this RFP without indicating any reasons for such rejection. B. Pricing Approach The City of Rosemead intends to award a fixed annual contract price for the three-year term of this contract, with an option to renew annually for up to two (2) more years: based on performance. A maintenance unit price list should be included as part of the proposal (See Attachment C). The primary purpose of this list is to provide for guidance for any additional work or establish clear payment deductions for contract. services not rendered during the course of the contract: Subsequent to the initial three-year contract term, and if the option for renewal is exercised at the third and fourth anniversary of the contract effective date, the contract amount shall be adjusted in proportion to the change in the.Consumer Price Index -All Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5% maximum increase per year. C. Insurance and Performance Bond The selected contractor shall provide to the City the necessary insurances, endorsements and the performance bond in the amount of contract, as specified in the . enclosed Draft Agreement. D Proposal Evaluation Criteria Proposals will be evaluated on the ,basis of the response to all provisions of this RFP. The City of Rosemead may use some or all of the following criteria in its .evaluation and comparison of the proposals submitted. The criteria listed are not necessarily an all- inclusive list. The order in which they appear is not intended to indicate their relative importance: 1. The contractor's demonstrated awareness of safety in all operations 2. A demonstrated understanding of the scope of work and other proposal documents 3 Request For Proposal -Landscaping Page 4 3. A logical, proven methodology for carrying out the work tasks described in the proposal 4. The contractor's recent experience in conducting contracts of similar scope, complexity, and magnitude, particularly for government agencies 5: The quality and quantity of personnel to be assigned to the contract, including its recent landscaping maintenance experience 6. The quality and quantity of equipment to be assigned to the contract 7. A listing of the organizational structure of the proposed contract team 8. The financial stability of the contractor 9. Recent references from clients, with particular emphasis on local governments 10. The proposed contract schedule 11. The proposed contract costs E. Landscape License The contractor shall hold a valid and current California C-27 License and submit a ccpy thereof if selected. The contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The license/ permit number shall be provided to the City at the beginning of contract. Any changes to the license/ permit shall be forwarded to the City within twenty-four (24) hours of said changes. 7. PROPOSAL FORMAT AND CONTENT Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. The following order and content ,of ,proposal sections should be adhered to by each contractor: a. Cover Letter A cover letter should summarize key elements of the proposals. The letter must be signed by an individual authorized to bind the contractor. The letter must stipulate that the proposed price shall be valid for a period of a minimum of three (3) years. Indicate the address and telephone number of the contractor's office located nearest to Rosemead, California, and the office from which the contract will be managed. b. Background and Approach The Background and Approach Section should describe your understanding of the City and the work to be done. 4 Request For Proposal -Landscaping Page 5 c. Work Plan Describe the sequential work tasks you plan to carry out in accomplishing this contract. Indicate all key deliverables and their contents. d. Methodology .This section should clearly describe the methodology you plan to use to carry out the specific work tasks described in the Work Plan. e. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organizational chart showing all proposed. contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Manager and the person(s) who will be the key contact (s) with the .City of Rosemead. Indicate how many hours each team member will devote to the contract by task, along with a statement indicating the availability of the members of the contract team for the duration of the contract. Please include resumes for key members of the contract team with particular emphasis on their experience and professional affiliation. f. Related Experience Describe recent, directly related, public agency .experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the contract director and/or manager and members of the proposed contract team whc v~rorked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference name, organization affiliation, title, complete mailing- address, and telephone number. The City ; of Rosemead reserves the right to reference check any and/or all of the organizations or individuals listed. g. Contract Schedule _ Provide a schedule for completing each task in the work program, based upon the Maintenance Frequency Summary (Attachment B). h. Cost Data Indicate the total annual cost for each of the listed park/ facility (See Attachment A) for which you will provide landscaping maintenance services, based upon the information provided. Statement of Compliance/ Suggested Changes Contractors must submit a Statement of Compliance to the RFP and to the Draft Agreement terms and conditions, and if any, a listing of exceptions and suggested changes. A description of any cost implication for suggested changes must also be included. The Statement of Compliance must declare either: 5 Request For Proposal -Landscaping Page 6 1) This proposal Proposal and proposed; or is in strict compliance with the Request for Draft Agreement and . no exceptions to either are 2) This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. - For each exception or suggested change, the contractor must include: • Reasons for submitting the proposed exception or change.- • Any impact the change or exception may have on contract costs, scheduling or other considerations. 8. PRE-PROPOSAL MEETING All parties submitting proposals are instructed to attend a mandatory pre-bid meeting. The meeting is scheduled for January 6, 2009 at 8:00 a.m, at the Public Services Facility, 7933 Emerson Place, Rosemead, California 91770. Present at this meeting will be representatives of the City of Rosemead Public Works Business Unit. The purpose of this meeting is to familiarize contractors with the scope of work and to answer any questions which may arise prior to submitting proposals. A tour of the listed maintenance locations of will be conducted. Attendance at this meeting is MANDATORY for those wishing to submit proposals. Failure to attend the pre-bid meeting shall result in disqualification from the RFP process. 6 Request For Proposal -Landscaping Page 7 SCOPE OF WORK A. DESCRIPTION OF PROJECT (SCOPE OF WORK) Furnish all labor, equipment, materials, and supervision to perform landscape maintenance at City parks, public facilities, roadside medians and street parkways. The maintenance, as described herein, shall include, but not limited to, the following: , 1. Mowing, edging, blowing and aerating 2. Turfgrass weed eradication and control both mechanically and with chemicals 3. Fertilizing -Post and Pre- emergent 4. General pest control 5. Removal of all grass clippings from site, if and when necessary, and as may be directed by the City , 5. Turf grass renovation 7. Rototill (8"-12" depth), rack and level play areas that have existing protective sand 8. Trash/ litter collection and removal (Monday-Friday) B. WORKING HOURS Normal working hours shall be within aten-hour day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 7:00 a.m. nor after 5:00 p.m. C. TERM OF CONTRACT The term of the contract shall be for a period of three (3) years, with an option for renewal for two (2} one-year extensions, on an annual basis, based on the contractor performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor. After the initial three (3) year contract, the City has the option to renew the contract for two (2) one-year extensions, in one (1) year increment. If the City chooses to extent the contract, a formal letter will be sent to the contractor advising contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor's performance is satisfactory. 7 Request For Proposal -Landscaping Page 8 New additional landscape areas, as developed or assumed by the- City, may be added to the maintenance contract. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on unit, prices provided in Attachment C, if applicable, and/or negotiated between the two parties of the contract. REQUIRED CONTRACT REPORTS A. Annual Maintenance Schedule B. Monthly Maintenance Report C. Weekly Maintenance Schedule D. Weekly Performance Report E. Monthly Chemical Use Report (When Applicable) F. Monthly Fertilizer Use Report (when Applicable) G. Pesticide List (if applicable) With EPA Numbers H. IVionthly Green Waste Recycling/ Diversion Report LIST OF ATTACHMENTS Attachment A Parks/ Facilities Maintenance Locations With Associated Annual Maintenance Costs Attachment B Maintenance Frequency Schedule Attachment C Bid Unit Costs 8 Request For Proposal -Landscaping Page 9 ATTACHMENT A Parks/ Facilities/ Roadways Maintenance Locations Parks Address Approx. Acreage Annual Cost 1 Angelus Park 2200 Block of Angelus Ave. 0.25 2 Ellis Park 3900 Block of Ellis Ln. 0.35 3 Garvey Community Center 9108 Garvey Ave. 1.0 4 Garvey Park 7900 Block of Emerson PI. 7.0 5 Guess Park 8555 E. Mission Dr. 0.35 6 Klingerman Park 8800 Klingerman Ave. 0.75 7 Olney Park 8600 Block of Olney St. 0.35 8 Rose~~;ead Community Center Park 3936 N. Muscatel Ave. 1.0 9 Rosemead Park 9100 Block of Mission. Dr. 18.0 10 Sally Tanner Park 8343 E. Mission Drive 1.0 11 Jess Gonzales Sports Complex 8471 Klingerman Ave. 3.5 12 Triangle Park 800 Block of San Gabriel Blvd. 0.75 13 Zapopan Park 3000 Block of Angelus Ave. 6.0 Total Acreage (Approx.} 40.3 Facilities/ Streets From-To Limits/ Address ~ Annual Cost 1 City Hall Exterior Landscaping 2 County Library (Next to City Hall) Exterior Landscaping 3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 4 Garvey Blvd. -Medians & Parkways and Sidewalk Cleanin New Ave. to Rio Hondo Bridge 5 Marshal St. -Median Strip 100' West of Rosemead BI. to Hart Ave. 6 Rosemead Blvd, -Median Strip 10 Fwy to De Adelena St. 7 Rush St.- Medians & Parkways Walnut Grove Ave. to San Gabriel Blvd. 8 San Gabriel Blvd. -Parkways and Sidewalk Cleanin Hellman Ave. to Rush St. 9 Valley Blvd. -Parkways on Both Sides of Street Charlotte Ave. to Strang Ave. Request For Proposal -Landscaping Page 10 ATTACHMENT B Maintenance Frequency Schedule FUNCTION ~ FREQUENCY Turf Maintenance Mowing Weekly Edging At each mowing Blow At each mowing String Trimming At each mowing , Fertilize Three times/year Aerate Twice/year Pest and Weed Control As needed Visuallnspection ~ Weekly Annua! Ground Cover Replacement Three times/ year Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and .Weed Control As needed Visual Inspection Weekly Ground Cover Replacement Three times/ year Play Ground/ Areas Rototill Sandy Park Play Areas Four times/ year Litterl Trash Removal Weekly Hardscape Maintenance Not Applicable Irrigation Maintenance Not Applicable. 10 Request For Proposal -Landscaping Page 11 ATTACHMENT C UNIT PRICES I. The contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or creditEu for labor and materials to be provided regardless of the total number units and/or a. <<ount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. `JVorkmanship shall be in accord with the best standard practices FUNCTION COST/UNIT OF MEASURE TURF Turf Mow-Real Blade $ / 1000 Sq. Ft. Turf Mow-Rotary Blade ,~_/ 1000 Sq. Ft. Turf Mow and Clippings Picked Up ~/ 1000 Sq. Ft. Turf Edge ~ / 1000 Lin. Ft. Turf String Trim ~_/ 1000 Linear Ft. Turf Chemical Edge 6" Swath ~_/ 1000 Linear Ft. Turf Chemical Edge 12" Swath ~/ 1000 Linear Ft. Turf Aerate ~/ 1000Sq.Ft. Turf Fertilize. ~_/ 1000 Sq. Ft. Turf Dethatch/Renovate ~/ Acre Turf sweeping ~/ 1000 Sq. Ft. Flail Mow of Natural .Areas ~ / Acre HARDSCAPE Cleaning ~/ 1000 Sq. Ft. GROUNDCOVERS Mow ~_/ 1000 Sq. Ft. Edge ~_/ 1000 Lin. Ft. Fertilize ~/ 1000 Sq. Ft. 11 Request For Proposal -Landscaping Page 12 PEST CONTROL Turf disease/insect,spray Boom Application ~_/ 1000 Sq. Ft. Hand Application ~/ 1000 Sq. Ft. Turf Broadleaf Spray Boom Application ~/ 1000 Sq. Ft. Hand Application ~/ 1000 Sq. Ft. Groundcover disease/insect spray ~/ 1000 Sq. Ft. Shrub disease/insect spray ~/ 1000 Sq. Ft. Soil Sterilant Applicant ~/ 1000 Sq. Ft. Turf Pre-Emergent ~/ 1000 Sq. Ft. Landscape Planter Weed Control ~_/ 1000 Sq. Ft. General Weed Control Post Emergent ~/ 1000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing ,~/ Shrub 1-4 Feet, Hedging ~/ Shrub 4 plus Feet, Lacing ~/Shrub 4 plus Feet, Hedging ~/ Shrub TREE PRUNING Up to 8 Feet ~/ Tree PLANTIf~G 1 Gal. Shrub _ ,~/ Each 5 Gal. Shrub ,~/ Each 15 Gal. Shrub ~/ Each 15 Gal. Tree with root barriers $ /Each 24" Box Tree with root barriers $ /Each 64 Count Flat Groundcover ~/ Flat 16 Count 4" Flat Annual Color ~/ Flat Turf -Seed and Top Dress ~/ 1000 Sq. Ft. Turf -Sod ~/ 1000 Sq. Ft. LABOR Landscape Maint. Supervisor ~/ Hour Pest Control Applicator $ /Hour Irrigation Specialist ~/ Hour Landscape Maint. Leadworker ~/ Hour Equipment Operator ~/ Hour Landscape Maint. Laborer ~/ Hour Park and Facility Maintenance ~_ / Acre/Year 12 ~:: CONTRACT SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE THIS AGREEMENT, entered into this day of ,20 ("Commencement Date'') by and between the City of Rosemead> a \lunicipal Corporation ("City"), and ("Contractor"), and is made with_rcfercnce to the following: RELIT: ~L A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with.,.. the power to ~arr~~, on its business as it is now being conducted under the statutes of tlie__State of California. ~. -- B. City desires ~to engage the Contractor to ~~r~,~ ids landscaping and maintenance services to the City. -~:~ C. Contracts r ~~~~~~~ ~~~~~ the skills experience, ability, background, certification and 'knowledge to prs~~id~ the services described in this Agreement. ~D. ~ (-~ity~ 13a~ solicited and r~~~~i~ ~~~1 a proposal from Contractor, has reviewed. the previous experienc~~:.u~d c~,,liiated th~_expertise ofContractor, and desires to retain Contractor to render ~landsca;lx anal ii~aiutunance services under the terms and conditions set forth in 3 tls Agreement. E. Contr~~ct~racknowledges that City has relied upon Contractor's representations and Contrart~,r c~~nunits to faithfully perform the services required by this Agreement and in accordalie~; with the terms and conditions of this Agreement. F. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Landscape Maintenance Agreement Page 2 1. AGREEEMENT TERMS AND CONDITIONS Unless earlier tern7inated in accordance with Section 18 of this Agreement, the Tern? of this Agreement shall be for a period of three (3) years; with option for renewal for two (2) one-year periods, on a atulual basis; based on the Contractor perfornance. The term shall cotntnence within ten (10) working days of City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties. After the initial three (3) year Agreement, the City has the o~ti~n _to renew the Agreement for two (2) one-year extensions, in one (l) year increment. I f the City chooses to extent the Agreement, a formal letter will be forwarded to the C'~cnteractor advising Contractor of the one (1) year extension. This process will be used for each of the ~~ptional two (2) years. In .:_ determining whether the Agreement should be extended or tei~~~inated, the_ City will evaluate the performance of the Contract~r~ and determine .whether. the Contractor's f:. t' performance is, satisfactory. In addition the=City reserves the right to un ~ laterally terminate ~~. the Agreement at any time upon thirty (30) days ~~~ritten ~ictice to the Contractor. In case of a dispute in the meaning of any clause within Zhi>~ Agreement, The City has the final authority in the interpretation of such clause, as long a~ it is reasonable. New additional landscape areas, as `developed ~ or assume ~l by the City, may be added to the maintenance Agreement. Such additi'otlal scope_o_f w~~rk tivill be considered change orders to the initial Agreement_ end the, value wll~ be based c>>i unit prices provided ~in Exhibit ~D, if applicable, and/or ~~e~~~~tiatedbettiveen the two partiesofthe Agreement. 2. SCOPE O>F SERA ICI:~ '' - A. In comriianc~~~ith al] terins_and' conditions of this Agreement, Contractor shall ~ lirrlorJn the l~~n~l~c~~p~ :end maintenance services specifically described in, and in strict ~' ~complianue «ith the rte{uirements of Exhibit A (Scope of Work), which services may ~~ .. be referred to h~:~ ein as the- "services~~ or "work". The locations and addresses of the ~~<~~-ks, facilities end streets are listed in Exhibit B. The services shall be performed at 1CU>t as frequent I ~ as specified in Exhibit C (Maintenance Frequency Schedule). The Cit} s11a11 have tl~e right to alter the frequency of.maintenance as necessary to ensure highest industry standards of maintenance, as long as the total hours required performing the work remains the same. Maintenance of areas can be substituted at the request of City as long as the total hours required performing the work remains the same. Maintenance unit prices and costs are contained in Exhibit D (Unit Prices). Exhibit E is a copy of the Request For Proposal and is hereby included as part of this Agreement. All of the Exhibits are considered to be a part of, and incorporated into, this Agreement by reference. B. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein 2 Landscape Maintenance Agreement Page 3 and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For the purpose of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firnls perforning similar work under similar circumstances. 3. WORKMANSHIP, SUPERVISION, EQUIPMENT AND MATERIAL A. The Contractor shall provide a workforce sufficient to.:~perform the contract services. . .The Contractor shall comply with all state and federal lawn-,and regulations. Contractor shall make any records related thereto available to .the City within ten (10) days of receiving a «~ritten request for said records by the C rt~~: _. B. ~ All contract services shall be perforn~edby competent`an`~l experienced employees. Irrigation maintenance and repairs,-s-hall be performed b ~~ certified California Landscape Contractors Association ~`l andscape Technician I (irii~~-~tion). All pesticide operations, where requited, shall be performed b}~~~ a Galifonua State Licensed Pest Control Operator through u-ritten recommendation by a California State Licensed Pest Control Advisor. Contractor. shall be responsible for compliance with all local; state, -:- and federal laws and regulattois'regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense,-all=professional and~technical personnel necessary to properly perform contract ser-~~iees. _.. C. .Subject to ?lie }~r~~~ i~ions of this-=Agreement, City shall reimburse Contractor for the ~~ actual -co~t_ }?lt~s 1 ~°~~, of all irrigation materials installed by Contractor ili the ~, performance cif ~~r~iccc. Actual cost- shall be the best price available to Contractor inelud~in~~ ~~Il at~plic~~hle discounts Irrigation-related work deficiencies shall be ~~~rrcct~~ ~~ithin ~t~~~nt~ -f~~ur- (2-1) hours of written notification from the City or prior to ~tlie schedule°d ~~a~tcrii~~~: ~~-1riUhever is earlier: Malfunctions resulting in continuously running water~~l~~~ll be rewired immediately. Ail other work deficiencies of Contractor ~}~all be correctc~clin a ~imeframe per the City's discretion. Contractor shall provide City - with a scliE~dule of typical costs of irrigation parts, ~ plant materials and other commonly use~~1 items within thirty (30) days from the date of this Agreement and within thirty (3U) days of each anniversary of the Commencement Date. Contractor shall retai>> records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. City reserves the right- to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure,. store, inventory, distribute and control all materials .or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. ~, Landscape Maintenance Agreement Page 4 D. The workforce shall include thoroughly skilled, experienced, and competent supervisor(s) who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor(s) assigned must be identified by name(s) to ensure coordination and continuity. E. Persons employed by the Contractor who are found n_ot„ to be satisfactory by the City shall be discharged ~or reassigned by the Contractor on hft~en (1 ~) days notice from the City. F. All vehicles and equipment (mowers, etc. t~~ccl in conjunction with the work shall be in good working order and have appropr>ate-safety guards. ~:'lll vehicles shall bear the identification of the Contractor. -- G. Contractor shall provide an Operation:; ~~~'Iana~ar to coordinate; work with the Cite Administrator and ensure satisfactory performance of contract services. Area supervisor(s) shall coordinate.. work. crews on a_daily basis to ensure compliance with the terms of this Agreement. - 4. LICENSES, FEES, PERMITS ANI) ASSESSMENTS9 -- The Contractor shall hold a valid and cui~ent California C-27 License and submit a copy thereof. The Contractor- must be licensed as a California State Licensed :Pest Control Operator and a(~alii~~rnia State Licensed Pest Control Advisor. The name and permit number will be suphli~~~l l~~ `ihe City at the beginning of contract, and any changes forwarded«°ithin t~~~~nt~-7~~ur (_~) liours_of~said change. COr1tT~1C~~~r shall obtain ~~t its~~~e cost and expense such licenses, permits and approvals as may be .;;yuir;;d by law for.ihe perform.~ice of the services required by this Agreement. Contractor shall have the sole obliaation~= to pay for any fees, assessments and taxes, plus applicable penalties an~j,interest, u-hich may be imposed b}~ law and arise from or are necessary for the Contractor`s- ~~~ rformance` of the services required by this Agreement. 5. FURTIIER RESPCa~~1SIBILITIES OF PARTIES Both parties agree to use reasonable care and diligence to perforni their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments; prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum. of $ per year ("Contract Amount") to perform all the work and services contemplated by and described in Exhibits A through D. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within 4 Landscape Maintenance Agreement Page thirty (30) days after approval by the City. Payment shall be deemed made when deposited in the United States mail; first class postage pre-paid, and addressed to Contractor. Upon the third anniversary of the execution of the Agreement; after the initial three (3) year Agreement, the City has the option to renew the Agreement for two (2) one-year extensions, in one (1) year increment If the City chooses to extent the Agreement, a formal letter will be sent to the Contractor advising Contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended or terminated,:;the City will evaluate the performance of the Contractor and determine «~hether the Contractor's performance is satisfactory. _ .Subsequent to the initial three-year contract, and if the option ~~~r renewal is exercised at the third and fourth anniversary effective date of the-_Agreement. ~I~e Agreement amount shall be adjusted in proportion to the chan~~ in the Consumer Pricy index at the time, subject to a 2.5% maximum increase per year. 7. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent Contractor basis and Contractor is not an agent or employee of the C i t~~:- The manner ailc~= means of conducting the work are under the control of Contractor, ea~epr tc~ the extent they' are limited by statute, rule or regulation and the expressed .terms of~this ~-agreement. Nothing in this Agreement shall be deemed to constitute appr~wal for Conti actor or and of Contractor's employees or agents, to be .~ the agents or emplee~ ~~f C,ity. Contractor shall have the responsibility for and control over the means of perf~ormin~~ the ~~aork, provided, that Contractor is in compliance with the terms of ~-- ~~ - this Agreement. 8. PROPER T 1 .a \'~ l~: Q t ~ ~ ~~I~l~i ~ Y)AitiIAGE ~ , A. ~'' ~uiitractuj ~ h~~] I ad~-ise the City of any damage to City equipment or property i~lunediately`u~~~~ becoming aware of the damage. 4-:; .~_ B. C~~n~ractor shall repair, at its sole cost and expense, any damage to City equipment or propern caused by Contractor or its agents, employees, representatives or officers, C. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs; ground cover, mulch and bark) which. require replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been. damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the .acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 5 Landscape Maintenance Agreement Page 6 y 9. FAMILIARITY WITH WORK ~ A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be perforn~ed; and (c) fully understands the facilities; difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the site and is fully acquainted with the conditions existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions; which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed e:~cept ~at~~Contractor's risk until written instructions are received from the City. B. City and Contractor agree that City has made i~~o representation regarding the order or condition of any area or location for which Contractor is to,provide services or that the site or location of work will be . flee from defects, apparent or hidden, at the commencement of, or at any time du-mQ--the term,ofthis Agreeiilent. 10. HOLD HARNNILESS To the fullest extent permitted bylaw, Contractor shall indemnify, defend and hold harmless City, its City Council, commissions... officers; agents and- employees from and against any and all claims, demands, obligations, damages, actions; causes of action, suits, losses, judgments; fines, penalties, liabilities, costs and expenses-of ~mv hind`and nature whatsoever which may arise from or in any, manner related to airy work- performed or services provided wilder this Agreement. ~,~ 1 L INSURANCE AND=~PERFO IZMANCE BOND Prior to the commenceri~li ~~i~~~~~rF:. Contractor shall obtain, provide and maintain at its own expense duri ~lg tl~'e term ~~ f ! h i ~ 1.grceent; a policy or policies of liability insurance of the type aua amounts ~luscrihca h~~l~~~~ and in a form satisfactory to City. A. ~ ~_~ertifi.cates of Insuran.ce.- Contractor shall provide certificates of insurance with ~~ri~_inal endors~i-dents to City as evidence of the insurance coverage required herein. _: In~~runce certificates must be approved by City prior to commencement of services. ~~~. ' Current ~•ertificafion of insurance shall be kept on file with City at all times during the term of ih i ~ _ ~ ~reement. B. Acceptably: Insu~~ers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California and approved by the City. C. Coverage Regui~•ements. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California; however; in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non-renewal 6 Landscape Maintenance Agreement Page 7 of all Workers' Compensation policies must be received by City at least thirty (30) calendar days to such change. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1;000;000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with=work to be performed under this Agreement, including coverage for any..oned, hired, non-owned or rented vehicles, in an amount not less than one iriillior?~dollars ($1,000,000) combined single limit for each occurrence. _ iv. Endorsements. Each general liability and automobile''-liability insurance policy shall be endorsed with the follo~~ ing specific language: The City, its elected or appoint~~~] officers, officials, employees, agents and volunteers are to he coy zred as additional insured with respect to liability ansina out of work performed by or on behalf of the Contractor. This policy stall hcconsidered priv~ry,insurance as respects to the City, its elected or aE~poilted _ officers, ,officials, employees, agents and volunteers as re:;h~ cts,to a1l~~-claims; `losses, or liability arising directly or indirectly from the C~~ntractor s~~operations or services provided to the _~ Crty.,~.: \ny insuranr~ maintained by City, including any self-insured ,. retention City may have. shall be considered excess insurance only and ~;~. not c~~ntriht~tory with ~tfie~insurance provided hereunder. v: 17ic~ i n>iiT-~•r ~~ iii ~~ ~ gill r ~ ~hts of subrogation against the City, its elected or a~~i~~~~int~~3 o~~1i~~rs, otliUia~ls, employees, agents and volunteers. vi. The ii~~uran~~ provided by this policy shall not be suspended, voided, canceled, or reduce ~j in coverage or in limits, by either party except after thirty (30) calendar :~l~ys of a written notice received by City. ~.a vii. .~ 7_iz~aely 11~utice of Claims. Contractor shall give City prompt and timely notice ~~l v ~ lari made or suit instituted arising out of or resulting from Contractor's ::mss pe~t~rmance under this Agreement. viii. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment. may be necessary for its proper protection and prosecution of the work. D. PERFOI2NIANCE >aOND Concurrently with execution of this Agreement, Contractor shall deliver to the City a performance bond in the -sum of the amount of this Agreement, which secures the faithful performance of this Agreement. The .bond shall contain the original notarized 7 Landscape Maintenance Agreement Page 8 signature of an authorized officer of the surety, and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor- promptly and faithfully performs all terms. and conditions of this Agreement. 12. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT - Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are conm~ercially reasonable ails. tLu~_"Contractor does possess special skills; abilities, and personnel uniquely suited to the perforn~ance of contract services and any assignment of this Agreement to a third• part}~,~~z~n_ «~hole or rn ~-part, could jeopardize the .~- _, satisfactory performance of contract services Contractor may not employ any subcontractors unless specifically authorized by City. -__ `'~~ , _ ls. INCREASE OR DECREASE IN SCOPE OF WORK .. A. Contractor shall perform additional landscape: illaintenance services as requested by the City or its representative: hhe City may gi ~e=verbal authorization for additional services up to $500. City shall--provide Contractor. with written authorization prior to the performance of any additional sei-~~ices that exceed $500. Contractor shall be compensated for additional ser~~ices in accordance with the unit prices specified in _ -.. Exhibits D. B. Cite reser~c~ th<~ ri ~ht to withdraw certain park or facility locations from the Scope of Work to be hzrforni~~l bv_Contract~r pursuant to this Agreement. City shall notify Contractor in ~~~~itii~~~ ~~l its intent to do so at least thirty (30) days prior to the effective azit~ of ~~itl~ur~~~~al o1~an~" location. In the event a location is withdrawn from the scope ~~ i' services, c ~ ~ m h~ ~ 1>~~ t i ~»> to~Contractor shall be reduced in accordance with provided c~~sts in Exhibits .~ t:hrogli D: In the event the location is withdrawn for a period of l~>~ than a full ~~ne (1) year term, Contractor's compensation shall be reduced on a prur~lt~~l basis. 14. REIMBURSE~~1~:\"l~ FOR EXPENSES Contractor shall b'.a reimbursed for expenses incurred for the irrigations as specified in Section 3C. Contractor shall not be reimbursed for any disposal fees or other expenses. 15. L,ASOR A. Contractor shall conform to all applicable \ provisions of State and Federal law including, applicable provisions of California Labor Code and the Federal Fair Labor Standards Act. 8 Landscape Maintenance Agreement Page 9 V B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement. Contractor shall immediately give notice to City, including all relevant information. 16. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 17. TERNIINATION/DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if. Contractor~~~violates any provisions of this Agreement; Contractor shall be deemed in default. If such default is not cured within a period of two (2) working, days, or if more than` two~_(?) working days are reasonably required to cure the default and Contractor fails to gig ~ adequate assurance of due performance within two (2) working days after`~Contract~r receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the ot}~er remedies provided in this or authorized by law, terminate this agreement by giving v, r~`Pn_ iiutee of termination. B. This agreement may be terminated without ca?se;..by City upon thirty (30) days written notice. Upon termination,` its' shall pay to Contractor that portion of compensation ~F~ specified in the Agreement ghat i1 earned and unpaid prior to the effective date of termmination. The Contractor ~inay url~ terminate the Agreement in the event of ~. nonpayment b} tl7c (='ity. In the ~~~ cnt ~~Fnoilpayment by the City, Contractor shall give the City thir=ty ~ ; ~ ~ ~ c}ays written notice thereof and the City shall have fifteen (15) working-d~~ ti <<~ clir~ the alleged breach. C. In addition t~~, or in lieu oj~. remedies provided in this Agreement or pursuant to law; Crty~=shall=h~~~~~~ t}~~ right to witl~iold all or a portion of Contractor's compensation for .._ contract s~r~~ic~ ~ i ~~_ in 'the judgment of the City, the level of maintenance falls below ~' ~ appropriate h.u~~_lc,i}~;; n~ai~_itenance standards and/or Contractor fails to satisfactorily :perform contract ~crvices. City shall have the right to retain funds withheld until t11e City.° Administra~~,~r determines that contract services are performed as well and as frequ ~ n tlv as rc~{Hired by this Agreement. 18. COST OF LITIGATION. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the :prevailing party. 19. COMPLIANCE WITH LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, State, Federal or local governmental agency having jurisdiction in effect at the time the services are rendered. 9 Landscape Maintenance Agreement Page 10 The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws; ordinances and regulations. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work. required by this Agreement. 20. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations "and agreements of whatsoever kind or nature are merged. in this Agreement: No verbalagreement or implied. covenant shall be held to vary the provisions hereon. ~-- -~` ~_ - },. 21. AMENDMENTS/ CHANGE ORDERS - ~-- This Agreement may be modified or amended only by a written document, an amendment or a change order, executed by both the City and=~the~Contractor. 22. SEVERABILITY if any term or portion of this~~ .Agreement is he'ld'_to be invalid, illegal, or otherwise ~,,. unenforceable by a court of competG~1L fur=-indiction, the reniaming provisions of this Agreement shall continue in full force and effecter ; ~~ ,_ 23. CONTROLLING LAW~AND VENUE The laws of the State of California shallgovern this Agreement and all matters relating to it and any action brought relating to this A~ieement shall be adjudicated in a California court of law. . - ~._ _~~~ 24. REQTTTtiT F()IZ p1lUYU~AL (RFP)~~ TheR~~iuest For kroposal andSpecifications for this Agreement is hereby attached as Exhibit E~aii~i i ~ made part of thi s Ag erf~~ ant document. ;, 25. LIST OF EXHIBITS r __ ~. Exhibit A 'cope oftkVJork Exhibit B ~ l~ rk~/ Facilities/ Roadways Maintenance Locations Exhibit C Maintenance Frequency Schedule .y Exhibit D Unit Prices Exhibit E Contractor's Proposal and Request For Proposal (RFP) 10 Landscape Maintenance Agreement Paae 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF ROSEMEAD A Municipal Corporation Approved by: Oliver Chi City Manager ATTEST: Reviewed and Accepted by Contractor: [INSERT NAME OF CONTRACTOR] f,. ~.- ~~ - z~..: Sigriafiire; By,:_ _ ,:~.~. Name of Officer of Company CITY CLERK APPROVED AS TO FORS i ~, CITY ATTORNEY ~`~ `~~- 13r:_ __ ~~_. -: _.:: ~y .~ ~. 11 S Landscape Maintenance Agreement Page 12 EX)FII~IT A SC®PE ®I' W®RK I. DESCRIPTION OF PROJECT ------ Furnish all labor. equipment, materials, and supervision to,~~erform landscape maintenance at City parks, public facilities, roadside medians and street-p~arkways. The maintenance, as described herein, shall include; but not limited to, the ~'~llowing~~~;-~. _...... -_ , 1. Mowing, Edging, blowing and aerating -- = - 2. Turf grass weed eradication and control bdth mecluucally and with chemicals 3. Fertilizing -post and pre-emergent _.__ 4. General pest control ~. Removal of all. grass clippings to ~ ~n~ ~i te, if and when necessary, and as may be directed by theL.ir~.:~ - 6. -Turf grass rc no~ati~~n~ 7. Rototlll~(8'-'-1 ~~~ ~ic~~th i_ r,~ch .,n~1,1_wel play areas that have existing protective sand ~~_ 8. Ir~igationm~iintcnancc 9. lr~~~h/litter collection and removal (Monday- Friday) New additional ian~i~c.~pe areas, as developed or assumed by the City, may be added to the maintenance Agreement. Such additional scope of work will be considered change orders to the initial Agreement, and the value will be based on unit prices provided in Exhibit D, if applicable, andlor negotiated between the two parties of the contract. II. WORDING I3OURS Normal working hours shall be within aten-hour day between the hours of 7:40 a.m. and x:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 7:00 a.m. nor after 5:00 p.m. 12 Landscape Maintenance Agreement Page 13 V III. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest maintenance standards, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. A minimum; sufficient and adequate number of manpower labor and supervision shall be provided on a day-to-day basis as part of this Agreement. If, in the judgment of the City, the level of maintenance is less than that specifed herein, the City shall, at its option, in addition to or in lieu of other; remedies provided herein, ___ withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work o>> ~~ schedules dray may, at the City's sole discretion. result ili deduction of payment for th~~~ ~I,it~;`week; or month. Payment will be retained for work not performed until such time a~ lh~~ work is performed to City standard. ~, ~_ IV. SUPERVISION OF CONTRACT " A11 work shall meet with the approval of the City Uf Rosemead. There shall be a minimum one weekly meeting between the Contractor and the City staff to determine progress and to establish areas needing attention. :~~ rrionthly maintenance schedule will be submitted in writizlg to the City by the first of said m ~ ~ n t h . Any specific problem .area which does nut meet the conditions of the specifications set forth herein shall be called ~to the attention ~,f the Contractor and if not corrected, payment to the Cont~•actor will not be made until condition ~is corrected in a satisfactory manner as set forth i1~ the specifications. V. RECORI)S7REPORTS A. The Contractor shall;_ within fifteen (l~) calendar days of an executed contract; _ prepare and submit a writ n annual maintenance calendar to the Public Works, .Public Services Divisiori=Manager. This maintenance calendar shall clearly indicate all of..the park maintenance tasks required by this contract and the months of the year ' they are sc3eduled to be performed. If it is necessary to make periodic revisio;:ls to this maintenance schedule, a modified calendar must be submitted to the Public ~~ orks; Public Services Division Manager for approval prior to the date the changes take effect. B, Contractor shall keep records and invoices in connection with its work performed under this Agreement. Contractor shall maintain complete and. accurate records with respect to the .costs incurred under thi Agreement. All Contractor's books and other business records, or such part as may be used in the perfornance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. 13 Landscape Maintenance Agreement Page 14 y C. No report; information; or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. D. Contractor shall; at such time and in. such form as City may require; provide reports concerriing the status or cost of services required by this Agreement. E. Contractor shall complete the following reports: ® Annual Maintenance Schedule .;~ a Weekly Maintenance Schedule - m Weekly Maintenance Report a Monthly Maintenance Report o Monthly Chemical Use Report ® Monthly Fertilizer Use Report ~ ` ... a Pesticide List (if applicable) with=EPA Numbers monthly Green Waste Recycling7Di~ersion Report VI. STREET~C;~OSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and"displayed in conformity with "The California h~lanual on Uniform Traffic I)e~ices" for usz in performance of work upon roadways issued by the State of Calfurni~i_ ~ll~~artment of `Transportation and as directed by City staff. Contractor shall keel~~ a .tupy of Work Area Traffic Control Manual ("W.A.T.C.H."} in all'°~of'i~ vehicles serv~iciug this Agreement at all times. =- If the Contractor ~ ~~, i I ~ t ~ ~ ~~ rovi de .and install any of the signs or traffic c-ontrol devices required hereh~- ~~r ~~r~l~~rc~l by the City ~talf, staff may cause such signs or traffic control ~devic_es to h~ placc~l h~ ~~~hcr~_ charge the costs therefore against the Contractor; and deduct the ~_.~>>~~ from the i1~~t E~r~~_r~~~ ~~~~~-ment. ~ _ VII. DISPU~.~L At least ~~i~°~~ of all la~idscape debris will be disposed of through a landscape material recycling center°-or reused in some manner. The Contractor shall estimate the turf/ grass clippings that art hri ~ mulched and left in place. The Contractor shall dispose of all other cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location and tonnage on a monthly basis to the City. , VIII. EMERGENCI' SERVICES The Contractor will provide to the City the names and emergency telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during off hours. These representatives shall promptly 14 Landscape Maintenance Agreement Page 15 y respond to said emergencies. Contractor response time to emergencies shall not exceed maximum of thirty (30) minutes from the time Contractor was first notified of emergency. IX. PERFORMANCE DURING RAINY WEATHER During the periods when the weather conditions hinder nornlal operations, the Contractor shall adjust his/her workforce in order to accomplish those activities that are not affected b}- «~eather. 2. The Contractor shall immediately notify the City the «=orkforce has been removed from the job site due to weather conditions or other reas6ns.. X. EQUIPMENT All vehicles and equipment used in conjunction~~~~itli~ ilte v~~or-k shall be maintained in a neat; clean; and orderly manner and shall be tnFgobd~wurking ordei _The Contractor shall use mulching mowers. The City authorized `agent may reject any;, ~~ehicle or piece of equipment and, order it removed from the jnh'-site. Contractor t~eh.icl~s Wised within this Agreement shall, at all times; bear identification ~i~ms identifying Co__tra,ctor. ' XI. SAFETY REQUIREMENT All work performed under this contr~ict shall be perfornhd° in such a maiuler as to provide maximum safety to the public and wh~r~ ~~h~~liea.ble, and comply with ail safety-standards required b~~ CAL-OSHA. The City re,er~c> the ri~ht_to_issue restraint or cease and desist . orders to ti~e~ Contractor when unsafe ~r hsrm ful act~~ ~u-e observed or reported relative to the performance of the work under this cunu act. The Contractor shall maintain all work sires free of hazards to persons and/or property resulting fi•om the Contractor-~ ~ opcrati©ris. Any hazardous condition noted by the Contractor, -wluch:~.is not a; res u l l of -the Contractor's operations, shall be immediately reported to the City ~~ ~. XII. SPECl:1CATIONS The specitcations included in this "Scope of Work" are intended to cover all labor, material and standards of landscaping, and mechanical workmanship to be employed in the work called for .n il~~se specifications or reasonably implied by terms of same. Work or materials of a mi,~r,r nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. XIII. PESTICIDES The City must maintain all documents that pertain to the -use. of pesticides on its property. Contractor must provide the Public Works, Public :Services Division Manager with all of the following: 1. A "Pesticide Use Daily Record'' for any site that a pesticide was used, within 24 hours of application. 15 Landscape Maintenance Agreement Paee 16 2. If a restricted pesticide is going to,be used, a copy of the "Notice of Intent To Use Restricted Materials", 24 hours before application. 3. A list and Enviromnental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract. before any such use. 4. The Contractor shall not use any pesticide that has not been authorized by the CitS~. All materials must ~be properly labeled and certified for`-ii~tcnded use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, count~~, and cit;~ laws regarding pesticide use ~u~~l.disposal~~==mast be followed. XIV. TECIINICAL 1VIAINTENANCE SPECIFIC. I IONS 1. All maintenance functions shall bc=.pcrformed'`in accordance l~itli~the following specifications and at the frequencies indicated. 1~he City shall have the right to determine schedule days and the extent aild frequency of additional "as needed" services. Standards and fr`edu_encies may be `modified from time to time as deemed necessary by the City for the hroper maintenance ~_~f the listed facilities; so long as the total work hours .remain the ~n m ~ . 2. The Contractor~~~--shall maintain all irrigation and sprinkler systems in the maintenance~~Iocati~as specified in this Agreement, including repairing piping, .~~ controller _ backflows. valves, solenoids, wiring, sprinkler heads. and any lateral ~;. and main line. .~11 irrigation malfunction issues shall be reported to the Public Works. >1Taintcna'r~~ir ~~~-~ I~~> ~~Ianager, or to his assistant; as soon as possible. 3. ~ ill ~uperati~~n~ ~~ill i~c conducted so as to provide ~maximuln safety for the public ~ :uxd minimize ~li~ru~~tioi~ of the public use of City facilities. 4. Th ~ ~' ontractor ~~~ i 11 keep all gutters, curbs, and walks adjacent to contract areas free of wc~ ~i and otl~r maintenance debris. ;~,. ~. The Contr;~ctor will clean sidewalks, roadways, and asiy other areas littered or soiled by the Contractor maintenance operations. 6. The Contractor shall maintain the work areas clean of debris upon. completion of any work. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used to discard any waste generated by the Contractor. 7.. Contractor must notify the City immediately of any irrigation system. malfunction, and unusual and hazardous conditions in the work site. 16 Landscape Maintenance Agreement Page 17 8. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break; malfunction; or interrupt the public's use of City facilities. 9. All insects and other like pests shall be controlled by-the Contractor. Any control measures should be approved first by the City with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessar}~ to protect the site. 10. All animal feces or other materials detrimental tohln~~an health shall be removed from the park areas immediately. l1. All broken glass and sharp objects shall be-removed immediately. 12. All sand and wood chip areas abutti~~g. main~,~ined areas shin, he'' cleaned when dirtied by Contractor's operations, as required.. 13. ~ Borders shall be edged at each mowing. 14. Mechanically trim around sprinklers as needed to pro~~ide proper and unobstructed irrigation. The cutting of holes arourd_sprinklers shall ilot be permitted. _- -s ~, 15. All turf shall -~be--fertilized tluee times per ~"ur using a homogenous; pellet or granular slo v,~ release material. City must approve the material used. Apply at the followmgxates and time: ~` a) Febriiaiy: 22-3-9 (or appr~~~~cl equal) fertilizer at one pound actual nitrogen per 1;000 square: feet. h ~ June; 21-3-5 (or_approved equal) fertilizer at -one pound actual nitrogen per 1;000 square feet. ` c j October: `'16-6-8 (or approved equal) fertilizer at one pound actual nitrogen. ~~er 1,01 iu square feet. d) Mat~:ria1 shall be applied uniforrniy, ensuring even overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. e) The Contractor shall perform a soil fertility analysis at individual parks as directed by the City in the month of December and review the analysis with the City representative in the month of January. 17 Landscape Maintenance Agreement Page 18 f) All materials must be approved by the Public Works. Public Services Manager. Quantities used must be submitted to the City on a "Monthly Fertilizer Use Report." 16. Appropriate fungicide; weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a) Turf areas must be maintained in a weed-free basis. b) Chemical control of broadleaf weeds shall be initiated as needed on all turf. 17. Aerate all turf areas as often as required (minimum of;twice per year: between April 1 and May 15 and between September 1 and No~~ember;'l_). a) Aerate all turf with a mechanical atT•ator set with =-l /2" core spoons at not more than 6" spacing and a minimum depth of 4". 18. Control all rodent pests as necessary- t~> pr~~ idea healthy and safe;eizvironment for x-° plants and public. - - 19. Visually check all turf areas~on a weekly basis for pest, fertility. damage, and other ' needs. Correct-ar•d`or report~to City as necessar) . XV. TURF FERTILIZERS, ETC., L All commercial fertilizers must~be hoinogen~u~~. 2. All organic 1~~tilizer5~nlust have lowest salinity rate possible. 3. No steer ur chi~l~~~n manure is allov;~~~~1. 4. All fertilizei-~_ p I ~~ n t i n _~ medium, h umus material, etc. must be City approved. XVI. REQ x- iJ1iRl~i~=l~POll"! ~ "..~~_ 1. 'Annual Mar,en~~nc~~ schedule 2~ 'vlonthly Mau1tC]lailct Rcpurt 3. ~~cekly MaintE~nunce Schedule 4. ~~ ~ckly Performa~,lce Report ~. Monthlv,Chemical Use Report 6. Monthly. Fer t ~ l izer Use Report 7. Pesticide l i yt (if applicable) With EPA Numbers 8. Monthly Green Waste Recycling/ Diversion Report 18 Landscape Maintenance Agreement Page 19 V EXIII~I'Y' B Parks/ facilities/ Roadways 1Vlaintenance Locations Parks Address Approx. Acreage Annual Cost 1 Angelus Park ' 2200 Block of Angelus Ave. 0.25 2 Ellis Park 3900 Block of Ellis Ln. 0.35 3 Garvey Community Center 9108 Garvey Ave. 1.0 4 Garvey Park ~ 7900 Block of Emerson Pl. 7.0 ~ Guess Park 8~>j E. Mission Dl~: _ `` . 0.3~ 6 Klingerman Park _ ;,, 8800 Klingennan Ave. 0.75 7 Olney Park 8600 Bhck of Olney St. ~.3~ 8 Rosemead Community Center Park 3936 N. Muscatel ~-~hc. 1.0 9 Rosemead Park ~ 9100 Block of Mission Dr. ~ ~ 18.0 j 10 Sally Tanner Park '` ~8~43 E. Mission Dri~~e 1.0 11 Jess Gonzales Sports Complex 8~7'I° Klingennan Ave. 3.5 12 Triangle Park 800 Block of San Gabi~cl~Blvd. 0.75 13 Zapopan Park 3000. Block of An`=eius Ave.. 6.0 Total Acreage (Approx.) 40.3 IH acilities! Streets _ .; ;I From-To Limits/ Address Annual Cost 1 City Hall -_ ~ Exterior Landscaping 2 County Library (Next to Citr~ Hall) Exterior Landscaping 3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 4 Garvey Blvd. - Mediari~ ~~ Parkways and Sidewalk Cleanings. New Ave. to Rio Hondo Bridge ~ Marshal St. -Median Strip 100' West of Rosemead Bl. to Hart Ave. 6 Rosemead Blvd. -Median Strip 10 Fwy to De Adelena St. 7 Rush St.- Medians & Parkways Walnut Grove Ave. to .San Gabriel Blvd. 8 San Gabriel Blvd. -Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. 9 Valley Blvd. -Parkways on Both. Sides of Street Charlotte Ave. to -Strang Ave. 19 Landscape Maintenance Agreement Page 20 EX>~IIBIT C 1VIaintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance A Mov~~ing Weekly Edging At each mowing Blow At each mov~~ing' String Trimming At each,~owing Fertilize Three`times/year - - Aerate Tv~7icei } ~ ar ,_ Pest and Weed Control As needed Visual Inspection ~,, _ Weekly Ground Cover Maintenance Trim Monthly - Fertilize Twice/year Pest aid Weed control As ileeded Visual Inspection ~ Weekly Ground Cover Replacement _ Three times/ year Irrigation Maint c ~ ~i E~ ce ~ As needed Play Ground/ Aa~eas ~l Rototill Sandy Parl: flay Areas Four times/ year .~ Litter/ Trash Removale Weekly Ilardsca a Maintenance Not A licable 20 Landscape Maintenance Agreement Page 21 EXIIIBI'I' D IJNI'I' PRICES l: The Contractor agrees that for requested and/or required changes in the scope of work; including additions and deletions on work not performed; the contract stall shall be adjusted in accordance with the following unit prices. 2. Contractor is advised that the submitted unit prices will be_ u~~d as one of the determining factors in the contract award. Unreasonable prices mav-r~sult~.in rejection of the entire bid proposal. Unit prices listed below refer to all items ilistalled :including but not limited to, materials, labor, overhead, and profit for the Contractor: _. ~~ 3. The unit price quoted by the Contractor shall be those-unit prices that ~c~ill be charged or credited for labor and materials to_ be provided regardless of the total number~units and/or amount of labor required for added or deleted items of ~a~ork:~ 4. All work shall be performed m "accordance with specifications or otherwise herein specified. Workmanship shall be ui accord-with the best~sta~dard practices FUNCTION COS'I'/UNIT OF-I6%1EASURE 'PURE Turf Mu~ti -Real Blade $ / 1000 Sq. Ft. Turf Mow-Rotan~~ Blade $ / 1000 Sq. Ft. T-urf Mou?-_and Clippings Picked Up $ / 1000 Sq. Ft. ,,- I u r t ~d=c $ / 1000 Lin. Ft. l ~ urf String l r i m $ / 1000 Linear Ft. I urf ChemicalI_~1~~ 6" Swath $ / 1000 Linear Ft. Turf. Chemical Edge 12" Swath. $ / 1000 Linear Ft. Turf ~erify~ $ / 1000Sq.Ft. Turf'1 ertiiize $ / 1000_Sq. Ft. Turf Dethafch%Renovate $ /Acre ,~ Turf sweeping $ / 1000 Sq. Ft. Flail Mow of Natural Areas $ /Acre HARDSCAPE Cleaning $ / 1000 Sq. Ft. GROUNDCOVERS Mow Edge Fertilize $ / 1000 Sq. Ft. $ / 1000 Lin. Ft. $ / 1000 Sq. Ft. 21 Landscape Maintenance Agreement Page 22 PEST CONTROL . Turf disease/insect spray Boom Application Hand Application Turf Broadleaf Spray Boom Application Hand Application Groundcover disease/insect spray Shrub disease/insect spray Soil Sterilant Applicant Turf Pre-Emergent Landscape Planter Weed. Control General Weed. Control Post Emergent SIIRUB PRUNING 1-4 Feet, Lacing 1-4 Feet, Hedging 4 plus Feet, Lacing 4 plus Feet, Hedging TREE PRUNING Up to 8 Feet PLANTING 1 Gal Shr~~~ $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. $ / 1 Ono Sq. Ft. $ ,'.1000 Sq. Ft. ~ $ ~ _ ; _1000 Sq. Ft. S ~ ; / l Orin fiq. Ft. /Shrub ~ ~- -~/ Shrub ~=-~ ~; /Shrub $ /Shrub 5 Gal. Shru}~ 15 Ga] Shr1~ i~ 15 ! ,~1. tree ~,~ ith-rout harriers -- ?4~~ 13oxTr~~ ~~irh rout harriers f~.-1 Count Flat C~r~_~u»d~;~~~r 1 ~~ Fount 4" Fl~~ t ~ IuzuaT-Color l u r f~ -Seed and '1 ~: ~p Dress Turf - ~ ud LABOR Landscape Maint. Supervisor Pest Control Applicator Irrigation Specialist Landscape Ma.int. Leadworker Equipment Operator Landscape Maint. Laborer PARK AND FACILITY MAINTENANCE - $ . /Tree $ /Each $ /Each $ /Each $ /Each $ /Each $ /Flat $ /Flat $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. $ /Hour $ /Hour $ /Hour $ /Hour $ /Hour $ /Hour $ /Acre/Year 22 W ~_ p~/ !„[ ~_ U ~~' M L /v~ 0 -" L ~+ ~ U IdJ o N ~_. 6e~ __- h ~ '' ~ ~ N ~ r c+'i N N ~.~~ ~'L°'.. O N ~j C~ dJ O ~:. ~: O ~ d' ~ ~ . d' N C N 'T N 'S 1~ ~ N ~ ~ ~ CT CT 7 C N O ~ ~--~ `V N ~ ~ ~' a N U N ~~` fN3 mot. O O r ~ N ~ • o ~ 0 0 0 :~ ~ U c ~ ~n ~ ~ ~ G1 N ~ O O [~ ~ ~ ; ~ [~ ~ ~ ~ ' .a i . ~ y l [~ N ~' G1 ~ ~ 'c ~ ~ U ~7J ^ U _° v U c~ ~ ~ ~ ~ r C ~ ~ ~ ~ o ;% ~ ~ ~ ~ v U U U ~ U U ~ ~ ! ~ ~ ^ ~ V ~ r r ~ v~ ~ ~ ~ ~ ~ r _ ~ ~ O C . r ~ w ~ O ~ ~ ~ v C J •~ U ' ~ _ U ~ U a ~ ~ ~ c~ + ~ + r ' U r ~ ~ '~ " r '~ C:L ~ ...y ~ ~ ~ .r . r r ~ ~ r r r r r cd J ~ ~`~, cs r_ O ,~ • ~~?' ~, ~ ~~ ~' :-~ r J ~= ~ ~ r ~ J ~ • c3 ~ ~ ~ i ~ f ~ 1 • v O ev ~ • ^ K` ~ ~ U r r ^ ~ J ~ ~ Z G1 ~ O N G1 ~ n ~ ^ N cr; mot' Q N O ~ M M ~ O ~', O u ~- N O r~ G1 O G1' ~ V N M M -~ N ~ ~: M N ±' ~ ~ .~ .~ ~ ~ M ~~ N O'J N ~ I~ -1 r-~ ~ U ., ` ~.. h r. S: ~ JJ V c~ U U '~j ~ ~ r U . . ~ • ~ `-'-•' 9' '~ ' '--i ~ .~ ~' ~ s V T CV U ' P; ~ 3-I ~ ~ ~ ~ ~ ~ ;y .. . r ~ ~ ~ ~ *~ 4-H ~-1 !-I ~ V~ ~ U U I--i H ~ U U U cJ @J ~""~ U U U :-a ~ ~ ~ c3 f--i U v '. ~ ~ ~ CrJ ~ ~ ~ ~ O r ~.~ ~; ~-+ O ~ ~ ~ 'd U ~ e~ U ^ V U ~ U U n U ~q ~ ~ ~ r ~ n ~ n cs u ~ 'O ~. ~-+' ~' ~ U cn ^d U ~ -~ ~' s ~ 'b U c~ U n .r. !-; TJ ~ H c~ ~ U ~ -b ~ ~ n r ti ~ U ' v rn ~ "', ~ .~ r r i c'~ ~ ~- ; ~ ~ ~ ~ ~ v ~ v r ev U .~ U ~ ~ ~ ~ •i O ~ ~ ~, U ~ U ~ U • .~ • -, • U O ' ~ ~ ~ ~ '-~ O ~ ~ . , , w ~ ~ ~ ~ ~ ~ ~ ~ r^-~ ~ ^ + r1--i ~ -i •-~ ~~ r-+ N M d- ~n `^, t~ oo ~ O ~ N cn d' ~n ~ r ~ ~ ~ ~ ~,. W H V Q Y Q a U LL O U Q W _Z Ca C a U D Z Q ~~/ I.L O L L 0 O N J Q1 .--~ ~ l~ .--~ G~ 00 O O ~ G~ ~--~ 00 N G~ G1 ~ l~ O M M N I~ O ~ O O O ~ O O N G1 O V' O ~ 00 N N N 1~ .--~ ~ `~ G~ Q ~ G1 G~ .--~ OO M l~ C.~ M O V t/'t ~ ~-: ~ 00 ~--~ G~ 00 M d' rY M G\ 1~ M M N M ~ G1 a G~ ~ N ~ V ~ CT ~ G\ ~ V o 1~ ~ C1 ~ N ~ ~ ~ ~ ~ M ~ V' ~ o 00 .-• ~ O ~--~ N O r .-~ ~ ~-. ~--~ ~--~ ~--i r ~--~ N G~ ~ 4. cv U ~ N _ i ~ o ~ ~n t~ t~ ' ~ ~n ~ U ~ ~ ~ ~ ~ ~ O O O O N O ~ ~ ~ ~ ~ Q+ ~ N ~ G\ G1 G1 ~ ~ G1 G1 ~ 0~0 O U U G1 ~ ~ ~' ~ ~ ~ ~ U ~ ~ U U U U U ~ U U o U ~ U ' ~ ~ o U ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o .~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ U i O ~ v~ v~ v~ c~ v~ v~ x O C7 v~ x N ~ ~ N L ~ ~ U $ ~ ~ ~ N €~ Q N 'J y; ~ ~' ~, ~ r' N ~ V] ~ Q ~' ~ ~; CJ~ ~ ~ ~ ~ '.U ~" W ~ ~ O ~ •~ ~" y '~ ~ . ~ ~ U ~ O ~ ~ a~ O ~ ~ M v) ~ . -~ o ~ ~ a ~ ~ W c ~ Q ~ 7 ~ w c ~ U ~' o (~ ~ rii cn U v~ C ~ ~ ~ ~ G1 I~ O ~ N G1 r W ~, G1 ~ O N Z M , ~ ~F Q N O ~ M M V O ~ O V ~ N O G1 ~ O G1 ~ V N M M .~ N ~ V' M N [ G r .-~ .-~ .--~ M ~ N o0 N ~ ~ .~ r ~ a~ ~ ~ ~ c~ z ~ ~ ~ ~ O '~ ~ ~ ~ ~ ~ ~ ~' ~ w . ~~ a~ ~ ~ ~ O o ~ ~ ~ . ~ ~ o ~ ~ ~ ~ ~ z ~ ~ o ~ ~ ~, ~ o ~ ~ ~ ~ ~ ~ ~ o ~ ~, ~ w ~ ~ ° H ~ z ~ ~ Q ~ ~ ~ ~ a~ U ~ U ~ ~ ~ ~ ~ U U U '~' ~" ~ 4J V L7 L". . ~ ~+ U U W ~ c~ • - -~ ~ ~ ~ Q ~; ~ o H ~ -LS ~ ~ a, U ~ E ~ U °' ~ ~ ~ a~ ~ ~ ~ o v ~ o ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ v ~ '~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ °' a ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ o a . ~ ~ ~ ~ ~ ~ ~ ~ O a ~ H H H ~ .~ N M ~ ~ V l~ 00 G1 O .~ N M ~ ~