Item 5 - Award of Agmt. with Brightview, LaBahn's and Steven Smith Landscaping for Landscape Maint. ServicesMay 4, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL May 4, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works t:['Y< ~/ Will Wiley, Assistant Director of Public Works for Maintenance Operations ~ (858) 668-4705 or wwiley@poway.org Award of Agreement with BrightView Landscape Services, Inc., LaBahn's Landscaping, and Steven Smith Landscaping, Inc. for Landscape Maintenance Services A Request for Proposals (RFP) for Landscape Maintenance Services for city facilities, rights-of-way, reservoirs and pump stations, and landscape maintenance districts (LMDs) was duly advertised on February 4, and February 18, 2021. Three proposals were received and opened on March 25, 2021. BrightView Landscape Services, Inc., LaBahn's Landscaping and Steven Smith Landscaping, Inc. were responsive to the criteria of the RFP and staff recommends awarding agreements to the three respective contractors for various areas. The term of the agreements will be two (2) years beginning July 1, 2021 through June 30, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreements for Landscape Maintenance Services, RFP No. 21-018 to BrightView Landscape Services, Inc. for rights-of-way and LMDs, LaBahn's Landscaping for reservoirs and pump stations, and Steve Smith Landscaping, Inc. for city facilities, and authorize the City Manager to execute the necessary documents. Discussion: The City is responsible for maintaining the landscaping within ten (10) LMDs, 1,177,270 square feet of right-of-way, 11 city facilities, and 33 reservoirs and pump stations. The City's current landscape maintenance service agreements for these areas expire on June 30, 2021. Consequently, an RFP for landscape maintenance services was duly advertised on February 4, and February 18, 2021. The City held a pre-proposal meeting on March 2, 2021, and on March 25, 2021, the City received three proposals in response to the RFP. An evaluation committee reviewed and ranked the proposals based on criteria set forth in the RFP, which included qualifications, experience, references, and cost. The RFP included five bid items (Facilities, Rights-of-Way, Reservoirs/Pump Stations, LMD Areas 1 and LMD Areas 2) and allowed for contractors to submit a proposal for one or all of the bid items. In an 1 of 190
May 4, 2021, Item #5effort to create bidding opportunities to encourage smaller companies to compete with larger companies, the RFP divided LMDs into two contract service areas (Bid Item D and E), to be proposed on individually or all together. The LMDs in Bid Item D include 83-1 A, 83-1 B, 83-1 C, 86-1, 86-2A; the LMDs in Bid Item E include 86-28, 86-3A, 86-38, 87-1, and 19-1. In order to provide the City options for managing costs while still providing optimal service, the RFP required pricing for multiple levels of service (A, B, and C). The types of services rendered will be the same at all levels but will vary instead by the frequency these services are provided. For example, Level A may be performed on a weekly basis, Level B on a bimonthly basis, and Level C on a monthly basis. Proposals were received from the City's current landscaping contractor, BrightView Landscape Services, Inc. as well as from Steven Smith Landscaping, Inc., and LaBahn's Landscaping, each providing a proposal for all service levels for each of the five bid items. The following table summarizes the inclusive proposals for all items, at each of their respective service levels. The recommended contractors are listed below, signified by an asterisk and cost amounts in bold. While pricing is an important factor, the recommendation for award is based on several factors, including available equipment, experience, and resources to adequately maintain these areas. Bid Item Item A: Facilities Item B: Right-of-Ways Item C: Reservoirs and Pump Stations Items D and E: LMDs Table 1: Award Summary for Landscape Maintenance Services, RFP No. 21-018 BrightView Landscape LaBahn's Services, Inc. Landscaping $77,580.00 $59,500.00 $66,37 4.64* $77,510.00 $69,379.00 $33, 906.00* $470, 113.23* $417,690.75 Steven Smith Landscaping, Inc. $56,880.00* $77,952.00 $38,676.00 $522,108.00 Despite not being the lowest cost for the LMD Bid Items (D&E), BrightView Landscape Services, Inc., is recommended for award as a result of their proposal being highly ranked for their public sector experience in the LMD arena, ability to readily deploy resources in the field, irrigation technical ability, and their overall ability to provide the best value to the City. While varying in frequency, the resulting agreements will require irrigation inspection, operation and maintenance, removal of trash and debris, trimming of shrubs, fertilization, weed control, and various other aspects of related landscape maintenance, including mowing, edging, sweeping, pruning, fertilizing, and pest control. One of the goals of the RFP is to maintain or improve the existing service being provided to ensure clean and well-maintained landscape sites. Based on a thorough review and ranking of the proposals, it is recommended agreements be award to 1) Steven Smith Landscaping Inc., for facilities; 2) La Bahn's Landscaping for reservoirs and pump stations; and 3) BrightView Landscape Services, Inc. for rights-of-way and LMDs. The contractors' licenses and the Department of Industrial Relations status for each contractor are in good standing. As recommended, the City will maintain current service levels while also saving approximately $57,400.00 per year by executing the recommended agreements. Most of the savings is attributed to the LMD Bid Items D and E at approximately $46,500.00/year followed by savings in Reservoirs and Rights-of-Way at approximately $10,900.00. Each facility or area of maintenance has a Service Level A, B, or C. Each service level has the same scope of work (e.g., irrigation inspection, mowing, litter control, pruning, etc.). The difference between the service levels is the frequency. Service Level A provides weekly service, Service Level B provides bi-weekly service, and Service Level C provides for monthly service. For Bid Items A-C, service levels will remain at Service Level A. Bid Item D and E (LMDs) will remain the same, as shown below: 2 of 190
May 4, 2021, Item #5Table 2: LMD Service Level Comparison Bid Item LMD Current Service New Service Level Level D 83-1A C C 86-1 B B 83-1 B C C 83-1C C C 86-2A C C E 86-3A C C 87-1 B B 19-1 A A 86-28 A A 86-38 A A The term of the agreements will be two (2) years beginning July 1, 2021 through June 30, 2023 and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the: Poway Center for Performing Arts (204020-41600); Library (206020-41600); Water Supply, Treatment and Storage Divisions (402060-41600); Sewer Pumping and Disposal (403070-41600); Parks, Trails and Landscape (414040-41600); LMD 19-1 (420140-41600); LMD 83-1 A (421040-41600); LM D 83-1 B (421140-41600); LM D 83-1 C (421240-41600); LM D 86-1 A (423040-41600); LMD 86-2A (424040-41600); LMD 86-28 (424140-41600); LMD 86-3A (425040-41600); LMD 86-38 (425140-41600); LMD 87-1 (426040-41600); Fire Suppression (501050-41600); and Law Enforcement (504050-41600) proposed Fiscal Year 2021-22 budget for Landscape Maintenance Services that will be considered by the City Council on June 15, 2021. Public Notification: None. Attachments: A. Agreement with BrightView Landscape Services, Inc. B. Agreement with LaBahn's Landscaping C. Agreement with Steven Smith Landscaping, Inc. Reviewed/ Approved By: Assistant City Manager 3 of 190 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrightView Landscape Services, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4 of 190 ATTACHMENT A
May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. s of 190
May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 6 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of
May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 7 of 190
May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 8 of 190
May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 9 of 190
May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 10 of 190
May 4, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 11 of 190
May 4, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: BrightView Landscape Services, Inc. By:------------David Howell, Vice President/General Manager Date: ------------A I. H -'--"-By: _().JM-_____ W __ k/ __ V-__ _ Alan Fenstermacher, City Attorney 12 of 190
May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 13 of 190
May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 14 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4
May 4, 2021, Item #515 of 190 To Contractor: BrightView Landscape Services, Inc. 6218 Fairmount Avenue, San Diego, CA 92120 (Remainder of page intentionally left blank)
May 4, 2021, Item #5EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 16 of 190 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
May 4, 2021, Item #5a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 17 of 190 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
May 4, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 190
May 4, 2021, Item #5Attachment 1 CONTRACTOR RESPONSIBILITIES 1. Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 19 of 190
May 4, 2021, Item #55. 6. 7. 8. service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 20 of 190
May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract. no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 21 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used.
May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 22 of 190
May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 10. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 23 of 190
May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 24 of 190
May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 25 of 190 a. If extra-work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City
May 4, 2021, Item #526 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method B) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the
May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4708 or the main Public Works line (858) 668-4700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21. Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 27 of 190
May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 28 of 190
May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable ~s detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. b. Non-performance/Non-compliance: 29 of 190 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable
May 4, 2021, Item #5time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. c. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 30 of 190
May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 9207 4-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 31 of 190
May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 32 of 190
May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Project Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 33 of 190
May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 34 of 190
May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 35 of 190
May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 36 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide
May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 37 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the
May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of identification/discovery. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 38 of 190
May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 39 of 190
May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 40 of 190
May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 41 of 190
May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 42 of 190
May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 43 of 190
May 4, 2021, Item #5c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. 3. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 44 of 190
May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 45 of 190 a. Irrigation Inspection. Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
May 4, 2021, Item #546 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
May 4, 2021, Item #547 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc.
May 4, 2021, Item #548 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling.
May 4, 2021, Item #549 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations.
May 4, 2021, Item #5so of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained
May 4, 2021, Item #551 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site.
May 4, 2021, Item #552 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed.
May 4, 2021, Item #553 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis.
May 4, 2021, Item #554 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall
May 4, 2021, Item #555 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris,
May 4, 2021, Item #556 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails.
May 4, 2021, Item #56. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. M. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 57 of 190
May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and 8 level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. RIGHT-OF-WAYS (Bid Item B) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 24 12 C. Weed Control 24 12 D. Mowing E. Edging 12 6 F. Pruning 12 6 G. Fertilization 4 2 H. Pest Control 4 2 I. Brow Ditch Cleaning 4 2 J. Sweep Paved Areas 24 12 K. Turf Aerification 1 0 L. Tree Pruning (lower branch) 2 1 M. Pet Waste Stations & Trash Cans 58 of 190
May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has A, 8, and C level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. LANDSCAPE MAINTENANCE DISTRICTS (Bid Items D & E) Work/Task Level A LevelB LevelC Irrigation Inspection, Operation & & 52 52 26 A. Maintenance B. Litter Control 52 24 12 C. Weed Control 24 12 6 D. Mowing 52 52 26 E. Edging 12 6 3 F. Pruning 12 6 3 G. Fertilization 4 2 1 H. Pest Control 4 2 1 I. Brow Ditch Cleaning 4 2 1 J. Sweep Paved Areas 24 12 6 K. Turf Aerification 1 0 0 L. Tree Pruning (lower branch) 2 1 0 M. Pet Waste Stations & Trash Cans 52 24 12 59 of 190
May 4, 2021, Item #5ATTACHMENT 2 Right of Ways: Service A Landscape Maintenance Districts: 19-1, 86-28, 86-38 (Service A); 87-1, 86-1 (Service 8); 83-1A, 83-18'Ffe1fR8i·6~Al\3A (Service C) Completely fill out each section under Hourly Fee Schedule and for each bid item, A through E, that is being proposed. Regardless of which combination of bid items Contractor is proposing, the table below must also be completed. HOURLY FEE SCHEDULE Corrective Maintenance and Supplemental Construction Reg. Time 0/T 1.5 O/T2 All Proposals Certified Irrigation Technician $ 75.00 $ 112.50 $ 150.00 Irrigation Technician $ 50.00 $ 75.00 $ 100.00 Crew Leader 1 Certified $ 40.00 $ 60.00 $ 80.00 Crew Leader II (not certified) $ 37.50 $ 56.25 $ 75.00 Gardener $ 30.00 $ 45.00 $ 60.00 [Remainder of Page Left Blank Intentionally] 60 of 190
May 4, 2021, Item #5FEE SCHEDULE Right of Ways * All lines must list a price for this bid item proposal to be considered Site Number of Sq. Ft. of Area Service Service Controllers Level A Level B Aubrey Woodcreek Divide 1 2,210 $168.80 $109.78 Blue Sky 0 77,390 As Needed Carriage Rd. Medians 1 42,510 $3,246.86 $2,111.57 Community Rd. ROW 2 148,080 $11,310.16 $7,355.47 Crosthwaite Circle ROW 1 4,660 $355.93 $231.47 Hacienda 0 27,520 As Needed Lake Poway Rd Corridor 1 45,370 $3,465.30 $2,253.63 Metate Rd. Triangle 1 65,170 $4,977.60 $3,237.14 Midland Rd. Fence Line 0 3,000 $229.13 $149.02 Old Poway ROW 2 16,860 $1,287.75 $837.48 Oak Knoll Medians 1 12,490 $953.97 $620.41 Pomerado Rd. Soundwall North 1 39,010 $2,979.53 $1,937.72 Pomerado Rd. Soundwall Southeast 0 63,150 $4,823.32 $3,136.81 Pomerado Rd. Soundwall Southwest 2 48,490 $3,703.60 $2,408.61 Poway Rd. Medians 27 150,840 $11,520.97 $7,492.57 Summerfield Median 1 1,540 $117.62 $76.49 Titan Way Parking Lot 1 44,420 $3,392.75 $2,206.45 Twin Peaks E/O Tierra Bonita 1 3,590 $274.20 $178.32 Twin Peaks Corridor 0 130,940 $10,001.03 $6,504.09 Business Park (General Fund) 2 288,708 $100.82 $65.57 Valle Verde Medians 2 1,320 $3,465.30 $2,253.63 TOTAL $62,909.34 $40,912.59 Sixty Two Thousand Nine Forty Thousand Nine Hundred Nine Dollars Hundred Twelve Dollars and Thirty Four Cents and Fifty Nine Cents As-needed services will be paid by the number of hours at the Gardener hourly rate. Company Name: BrightView Landscape Services, Inc. Signature: ----;-~.,..._ ______ ..... /4 ___ ~_"aJ_d(_--1'"-___ _ Print Name: David Howell Title: Vice President General Manager 61 of 190
May 4, 2021, Item #5*All I' Ines must 1st a pncc or t 1s I . f h" b'd FEE SCHEDULE LMD 83-1A item proposal to be considered Number of Service Service Site Controllers Sq. Ft. of Area level A level B Service Level C Adobe Ridge I 1 Arbolitos Parkside 1 Adobe Ridge II 3 Colonies 1 Country Creek 1 Diroma 1 Gateway/La Manda 1 Kent Hill 1 Midland Estates 1 Park Village 1 Poway 16 1 Rancho Arbolitos 3 >--. ~;r-,:ou,t 1 --T eu Williams Parkway 2 Woodland Hills 1 Date: __ £i_/_1j ........ 2_._/ __ _ 62 of 190 91,120 $5,526.90 $3,593.50 $1,796.75 31,320 $9,120.40 $5,926.74 $2,963.37 130,490 $8,153.70 $5,299.14 $2,649.57 14,000 $1,938.46 $1,260.25 $630.1~ 48,080 $5,526.90 $3,593.50 $1,796.75 4,330 $1,938.46 $1,260.25 $630.13 50,520 $7,187.00 $4,671.55 $2,335.77 7,060 $1,315.93 $855.35 $427.68 3,720 $1,290.62 $840.17 $420.0E 1,770 $1,290.62 $840.17 $420.08 5,220 $1,315.93 $855.35 $427.6€ 498,000 $16,307.40 $10,598.29 $5,299.14 -· $855.35 $,ia.6E 8,910 $~ ,315.93 ---· --$3, {05.09 a9,630 $9,555.67 $6,210.17 141,590 $9,241.87 $6,007.72 $3,003.86 TOTAL $81,025.79 $52,667.52 $26,333.76 Company Name: Bri htView Landsca e Services. Inc. Signature: _ __,{).,...~.....___ ...... /4 ....... r-£_~--------Print Name: David Howell Title: Vice President General Mana er
May 4, 2021, Item #5FEE SCHEDULE LMD 83-1B *All lines must list a pri '"' for this bid item proposal to be considered Number of Service Service Site Controllers Sq. Ft. of Area Level A Level B Service Level C Camino Del Norte 1 48,620 $6,981.48 $5,093.49 $2,546.74 Kindercare uses CON 14,810 controller $2,126.60 $1,551.51 $775.76 Twin Peaks Plaza 2 47,150 $6,770.39 $4,939.49 $2.469.75 TOTAL $15,878.48 $11,584.49 $5,792.25 Company Name: BrightView Landscape Services, Inc. Date:_......,..lff-½ ........ / 2......,./ ___ _ Signature: ___ &) ___ ~---------Print Name: David Howell Title: Vice Pr~r ;dent G.5meral Mana er 63 of 190
May 4, 2021, Item #5FEE SCHEDULE LMD 83-1C *All lines must list a rrice for this bid item proposal to be considered Number of Service Service Service Site Controllers Sq. Ft. of Area Level A LevelB LevelC Kentfield Estates 1 16,610 $4,349.01 $2,828.55 $1,414.27 TOTAL $4,349.01 $2,828.55 $1,414.27 Date:_t......._(_/t ...... 1 /_i,_( __ _ ,, . Company Name: Bri htView Landsca e Services, Inc. Signature: _"'-f~"--~L}-=--_..__l/b"'"""'·~~-------Print Name: David Howell Title: Vice President General Mao~ger 64 of 190
May 4, 2021, Item #5Site Bridlewood Huntington Gate Old Coach Piedmont Park Serenata Stone Canyon Ranch The Grove Vision Homes .!. 65 of 190 FEE SCHEDULE LMD as .. 1 Number of Sq. Ft. of Area Controllers 10 770,710 1 22,740 1 130,250 6 13,520 1 53,160 1 91,920 1 152,510 1 6,470 TOTAL Service Service Service Level A LevelB LevelC $31,248.2~, $20,305.80 $10,152.90 $6,797.28 $4,418.48 $2,209.24 $7,809.53 $5,076.45 $2,538.2L~ $5,086.57 $3!305.01 $1,652.50 $5,779.96 $3,755.46 $1.877.n $11,554.87 $7,510.92 $3,755.4€, $11,554.87 $7,510.92 $3,755.46 $3,487.21 $2,267.45 $1!133.n $83,318.54 $54,150.47 $27,075.24 Company Name: BrightVi(1w Landscap,3-Servic-os, Inc . Signature: --1-/-L..~-• J_.;i,:;;...__,.../ti...;..;;1_.._fU_,;:c,.(;_t_( ___ _ I/ Print Name: --=D:::;.;:a::..:v:..:..id:::...:..:H;.;:;.o~we.:.;.11 _______ _ Title: Vice President General Mana er
May 4, 2021, Item #5FEE SCHEDULE LMD 86-2A *All I' ines mus 1s a p rce or IS I 1 em pr ,pos t I' t . f th' b'd ·t o e cons1 ere It b 'd d Site Number of Sq. Ft. of Area Service Service Service Controllers Level A LevelB Level C La Paz Summit 1 65,370 $6,670.22 $4,335.18 $2,167.59 SilverRidge 1 44,250 $4,515.17 $2,934.55 $1,467.28 Sunrise Ranch 1 34,730 $3,543.78 $2,303.20 $1,151.6C TOTAL $14,729.17 $9,572.94 $4,786.47 Company Name: BrightView Landscape Services, Inc. Date: '-//:J/ ~/ !? }., / /, J.: pc/~ Signature: r.,,.Y _ 1 t. Print Name: __ D_a_v_id_H_ow_el_l _______ _ TiOa: Vice President General M~na er 66 of 190
May 4, 2021, Item #5FEE SCHEDULE * All lines must list a pri ·c for this bid item J. ropos ·11 to be considered Site Number of Sq. Ft. of Area Service Service Service Level Controllers Level A LevelB C Sycamore Creek 5 190,300 $20.443.54 $13,298.23 $6,649.11 TOTAL $20,443.54 $13,298.23 $6,649.11 Company Name: BrightView Landscape Services, Inc. Date: 1//1/7 / Signature: tJl-r= ) / .vt!t,,{ Print Name: _...;;D;;..;a;;:,,;v;,..;.id;:;:,..;_H;,.;;;o...;;..w;,.;;;e=II _______ _ Title: Vice President General Mana er 67 of 190
May 4, 2021, Item #5*All I' mes mus tr 1st a pnce or t 1s Site The Pond Poway Estates Poway Oaks Date: '-t( 1/rz_.1 ~ 7 68 of 190 I FEE SCHEDULE LMD 86-3A 1 em fJroposa o e cons, ere It b 'd d Number of Sq. Ft. of Area Controllers 1 30,200 3 46,030 1 19,490 TOTAL Service Service Service Level Level A LevelB C $3,568.19 $2,318.06 $1,159.03 $4.398.2~1 $2,859.61 $1,429.81 $2,884.92 $1,872.67 $936.33 $10!851.35 $7,050.34 $3,525.17 Company Name: Bri htView Landsca e Services Inc. Signature: Print Name: _.....;D;;;..a.::.:..v.;...;i~d..;.H..;..;o;;..;;w..;..;e;;..;;l.;._l _______ _ Title: Vice Presi_9ent General Mana er
May 4, 2021, Item #5FEE SCHEDULE LMD sa .. 3s • All lines must hsl a 1Jnce for this bid item propo5.-1l to be considered Site Number of Sq. Ft. of Area Service Service Service Level Controllers Level A LevelB C Creekside Plaza 5 20,660 $3,578.03 $2,330.64 $1,165.32 Hillside Village 4 31,400 $5,438.05 $3,542.21 $1,771.11 WalMart 1 10,400 $1,801.14 $1,173.22 $586.61 TOTAL $10,817.21 $7,046.07 $3,523.04 Company Name: Bri htView Landsca e Services Inc. Date:_l/J-1-1f_1_,__/...x;,.2__,_( ___ _ r, -'/ ,, /. Signature: (1/ z__.) / [( / Print Name: _....;D=av.:..:i:.::d:...:H~o=-w=e=II ________ _ Title: Vice President General Mana er 69 of 190
May 4, 2021, Item #5FEE SCHEDULE LMD 87-1 *All I' mes mus 1st a p,Iue or t 1s 1 item propos t to e cons, ere ti' f h' b'd. b .d d Site Number of Sq. Ft. of Area Service Service Service Level Controllers LevelA LevelB C Rolling Hill Estates 6 426,000 $31,076.17 $20.199.51 $10,099.75 TOTAL $31,076.17 $20,199.51 $10,099.75 Company Name: Bri htView Landsca e Services Inc. Date: 'f /1 /-i-; --.-,--.----,---. -----Signature: Print Name: _.....;:D:;:..a:;;;..v.::..;i..:;;;d..:..H.:.:.o:;..:w..:..;e~l-=--1 _______ _ Title: ___ V.;;..i;;..;;;c~e--P--r~e.;;;.s;;..;;;id;;..;;;e __ n __ t __ G __ e .... n __ e_ra_l_M_a __ n_a....,g,_e_r __ _ 70 of 190
May 4, 2021, Item #5FEE SCHEDULE LMD 19-1 mes must 1st a pnce or t Is I item nror)osa *All I' h' b'd. o e consI ere It b 'd d Site Number of Sq. Ft. of Area Service Service Service Controllers Level A LevelB LevelC Parkway Business Center 6 492,680 $35,940.04 $23,,362.80 $11,681.40 Parkway Summit 1 346,900 $25,306.32 $16,449.11 $8,224.56 Pomerado Business Park 15 3,409,670 $248,725.74 $161,671.99 $80,835.99 Poway Corporate Center 3 173,810 $12,678.47 $8,244.BC $4,122.40 TOTAL $322,650.58 $209,728.70 $104,864.35 Company Name: BrightView Landscape Services, Inc. i .-) Signature: -~J=_/_-i_•-...,/'_-.::;._f..;_/4_...;;..· ..;_ll'"""t_l-__ .,,,,_,;f;.._ ___ _ Print Name: _ _;D:;,,;a;;..v:..:.i.;;;.d..:.H.:..;o:..:.w.;..e:..:.1.:...1 _______ _ Title: ___ V..:..:..::ic:.=e....:.P....:.r..;:;e~s::..::id::..::e;.;.;n;.;;.t ..;;;G;..;;;e;.;.;n=e.;.,;ra=l...,.;M,_a=n .... a..,.q.._e __ r_ 71 of 190
May 4, 2021, Item #5NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES Business Name: BrightView Landscape Services Inc. Business Address: __ 6_2.......,18--...L...F ___ ai.....,rm .......... o.__u ...... n ___ t ..._.A~v ___ en ..... u ..... eL-_ San Diego, CA 92120 Signature of Proposer: Place of Residence: 6218 Fairmount Avenue San Diego, CA 92120 Subscribed and sworn before me this :zz_ day of }vl-/'-(12...c::-i} oooeeooneooe~ • c, , TINA MARIE LESSARD Notary Public • California z S.in Diego County ! Commission II 2257279 022 Notary Public in and for the County of ' __ c ___ ~ __ 1 -~-6-~_t(--._·~·o~--,State of California My commission expires ~1:,---r 3 _; :2-c:;zZ (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) 72 of 190
May 4, 2021, Item #5SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate. ***] Name of Proposer/ Company: BrightView Landscape Services, Inc. Address: 6218 Fairmount Avenue San Diego, CA 92020 Telephone No.: ( 619 ) _2_8_1._8_88_7 _____ F acsimile No.: (~) 282,7431 Email: david.howell@brightview.com State of California Contractor's License No. ~2~6""""'62~1'-"'1 _______ Classifications(s) C27 C31 C61/D49 Expiration Date: 03/31/2022 Type of Firm (select one): D Individual D Partnership D Corporation D M/WBE ~ Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: --=-1--=-00..;;;...0;:;..;0:;...;0....;:;.5....;:;..36-=--4-=---------SSN or Federal ID Number: 95-2651541 _..=..:::;..-=-=.-=--=-~'-------------------Receipt of Addenda: #_1 _ # 2 # # ___ is hereby acknowledged. /)~uals By signing below, I attest that I am an authorized representative/ agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: )li.~/7 /' SIGNATURE: ,~ &>~ PRINTED NAME: --=D=a~v:..!.:id~H=ow=el~I ________________ _ TITLE: -~V.:...;i;..;;;.c..;:..e--=--P--=--r=-es=-=i..,;;;;,,:d=-en--=--t/=--G=-e=-=n--=--e=--=-r..,;;;;,,:a:......;I M=a:...:..na::..:...ga&..:e::....:.r ______________ _ 73 of 190
May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrightView Landscape Services, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 74 of 190 ATTACHMENT B
May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 75 of 190
May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 76 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of
May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 77 of 190
May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 78 of 190
May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 79 of 190
May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 80 of 190
May 4, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 81 of 190
May 4, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: (Jt,.~ LaBahn's Landscaping By:-------------Chris Gillespie, President Date: ------------By: ____________ _ Alan Fenstermacher, City Attorney 82 of 190
May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 83 of 190
May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 84 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4
May 4, 2021, Item #585 of 190 To Contractor: LaBahn's Landscaping 856 Fesler St, El Cajon, CA 92020 (Remainder of page intentionally left blank)
May 4, 2021, Item #5EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 86 of 190 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
May 4, 2021, Item #5a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 87 of 190 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
May 4, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 88 of 190
May 4, 2021, Item #5ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES 1. Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 89 of 190
May 4, 2021, Item #5service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. 5. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. 6. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. 8. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 90 of 190
May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract, no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 91 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used.
May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 92 of 190
May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 1 o. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 93 of 190
May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 94 of 190
May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 95 of 190 a. If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City
May 4, 2021, Item #596 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method B) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the
May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4 708 or the main Public Works line (858) 668-4 700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21. Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 97 of 190
May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 98 of 190
May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable as detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. b. 99 of 190 General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. Non-performance/Non-compliance: 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable
May 4, 2021, Item #5C. time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 100 of 190
May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 92074-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 101 of 190
May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 102 of 190
May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Proiect Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 103 of 190
May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 104 of 190
May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 105 of 190
May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 106 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide
May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 107 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the
May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of identification/discovery. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 108 of 190
May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 109 of 190
May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 110 of 190
May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 111 of 190
May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 112 of 190
May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 113 of 190
May 4, 2021, Item #53. c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 114 of 190
May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 115 of 190 a. Irrigation Inspection, Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
May 4, 2021, Item #5116 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
May 4, 2021, Item #5117 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc.
May 4, 2021, Item #5118 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling.
May 4, 2021, Item #5119 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations.
May 4, 2021, Item #5120 of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. · 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained
May 4, 2021, Item #5121 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site.
May 4, 2021, Item #5122 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed.
May 4, 2021, Item #5123 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis.
May 4, 2021, Item #5124 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall
May 4, 2021, Item #5125 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris,
May 4, 2021, Item #5126 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails.
May 4, 2021, Item #5M. 6. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 127 of 190
May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and B level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. PUMP STATIONS AND RESERVOIRS (Bid Item C) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 4 2 4 2 C. Weed Control D. Mowing E. Edging 12 6 4 2 F. Pruning G. Fertilization 4 2 H. Pest Control 4 2 I. Brow Ditch Cleaning 2 1 J. Sweep Paved Areas 24 12 K. Turf Aerification L. Tree Pruning (lower branch) 4 2 M. Pet Waste Stations & Trash Cans Note: 1. Locations R3, R4, RB, R13, R14, R15, R16, R18, R19, PS 04 & PS 06 are to receive Level A service, while all other locations are to receive Level B service unless instructed otherwise. 128 of 190
May 4, 2021, Item #5ATTACHMENT 2 Reservoirs and Pump Stations: Service Level A FEE PROPOSALS Completely fill out each section under Hourly Fee Schedule and for each bid item, A through E, that is being proposed. Regardless of which combination of bid items Contractor is proposing, the table below must also be completed. HOURLY FEE SCHEDULE Corrective Maintenance and Supplemental Construction Reg. Time 0/T 1.5 0/T 2 All Proposals Certified Irrigation Technician $ 9tJ. (?O $ 135.,. $ 130. --Irrigation Technician $ 60. "" $ frJ.·(} $ IZ0.0' Crew Leader 1 Certified $ 50, ~", $ 75.-~ $ IM_ • ., Crew Leader II (not certified) $ 4f oO $ 67. so $ 'f CJ. OIi Gardener $ 35. --$ f,/Z, so $ 70. OIi [Remainder of Page Left Blank Intentionally] 129 of 190
May 4, 2021, Item #5FEE SCHEDULE Pump Stations and Reservoirs *All r I' mes must 1st a price for this bid item proposal to be considered Site Pump Sq. Ft. of Area Service Service Level A LevelB R1 No 25,520 $ 1,350. "0 $ &'8a"o R2 No 14,480 $ , qoo. 4t? $ '5>?5. #0 R3&R4 Yes 9,430 $ 2 030.'° $ /,3 20. -· . RS, R6 & R7 No 15,430 $ '1~"-$ 51{5.'o R8 Yes 11,030 $ 2450."0 $ l.5'10. ,_ LS-03 No 19,250 $ '1«J.,., $ 535.00 R9 No 14,300 $ 9a, . .-$ s~5-•e> PS-04 No 3,340 $ Z 030.-, $ 1,'32~ -~ PS-10 No 8,230 $ 5tx:?o• $ 325.'0 PS-07 No 630 $ /S-t:>:~ $ /35_"" R10 No 11,610 $ /1 t)OO, O(; $ 65tJ.-PS-11, PS-12, R11 & R12 No 18,290 $ 1,wo•~ $ 780 . .., PS-14 No 3,510 $ '500,-$ 3z,s: •• PS-15 No 2,520 $ 500#~ $ 3z5_•0 R18 & R19 Yes 14,960 $ Z,450:0 $ l51tJ,•• LS-OS No 6,450 $ ·s~--$ 32-S."' R13 Yes 5,050 $2.5tJo:· $ 13z5#•· PS-06 No 6,580 . ,o $ Z,2_00, $ /,6cO,.o PS-05 , S'oa·0 3zs,·" No 2,920 $ $ LS-01 No 1,670 $ 500 .. "· $ ~i,5,-R14 Yes 4,280 $ 2, f«J, 00 $ ii85:0 R15 & R16 Yes 4,350 $ i, t:/tJO .. oo $ 1,'iis.'° PS-09 & R17 No 59,580 $ -~ooo_•-$ /J '?50."0 PS-08 No 12,680 $ "I (JO.,. 00 $ 5'85,tlC) TOTAL $ 31 q "'7. "· Z./ 785. oo $ (. . As needed services will be paid by the number of hours at the gardener's hourly rate. Company Name: L+BA-1-1A11S UI\JJ>5C.Af>:f:.N6-Date: ____ -s'-¥/-~--./<---.:;...z_.__1 __ _ 7 I Signature: ~~ &_;;z-== Print Name: ~a:r:.s G:r:uesFXIE. Title: _ __,_fkl.lc.wg_::..::5-T::.kb~{Mt;«.Jl:,..!1~----------130 of 190
May 4, 2021, Item #5NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES f"•'"""• • "" • MELENA Cf.RRIL.LQ "1 .: a··-·· COMM. '2268533 ~ . NOTARY PUBLIC. • CALIFORNIA ~ => SAN DIEGO COUNTY ... ~ . ConmSSiOfl ~: NOV 2-1, ~~~J ,•. ••••• .. WW ft ft WW a W W U W U ' Business Name: LA.!>AAtJ > lA:-Nl>SCA-f.£.-VG-Business Address: &'5 G F£$~1? '5r. Et-CA-s-otJ CA 'lto20 , Signature of Proposer: ~r< Place of Residence: V.z=-s rA-C-A.~t=,:,/2.#I.4 Subscribed and sworn before me this ---~--·.··.•.·.· I ff-. ... ! " t ··•~ ... e County of L ..... .-.·.·---~-: __ ----------"--'---+------,State of California My commission expires t'{ G"V ·· 2.Jt :i 2( L.'L (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) · 131 of 190
May 4, 2021, Item #5SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/ A") where appropriate. ***J Name of Proposer/ Company: 6.Hi:,;.s G~;,r.c. Address: %56 rE.SL,f.12.. 5r, CL Telephone No.: ~) 57'1 -'f IS I Email: State of California C.-A. , Facsimile No.: ( 6 IC:, ) ff/-0811 Contractor's License No. _4'---=-3___.4.___8_8 ______ Classifications(s) CZ 7 -LA-,vosc.,.t.P..t:#6-Expiration Date: f/:Jo /z z.__ Type of Firm (select one): D Individual D Partnership IBcorporation D M/WBE D Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: f'w-L(l...-/~()o,~~YB SSN or Federal ID Number: _ __,3___..3'-----=0'--U--=-_C,-=(:>~5-=6 __________ _ Receipt of Addenda: #_A_#~# C # ___ is hereby acknowledged. C6-Initials By signing below, I attest that I am an authorized representative/ agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: S/.s~ SIGNATURE:~~~ PRINTED NAME: C'-NZ-~s 6-.r:LL£.-Sl'..r;£. TITLE: 132 of 190
May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Steven Smith Landscape, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 133 of 190 ATTACHMENT C
May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 134 of 190
May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 135 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of
May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 136 of 190
May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 137 of 190
May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 138 of 190
May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 139 of 190
May 4, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 140 of 190
May 4, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:(JL. 1vf;;/b. Alan Fenstermacher, City Attorney 141 of 190 BrightView Landscape Services, Inc. By:------------Gigi Golden-Smith, Vice President Date: ------------
May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 142 of 190
May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. ( c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 143 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4
May 4, 2021, Item #5144 of 190 To Contractor: Steven Smith Landscape, Inc. 1916 Commercial St Escondido, CA 92029 (Remainder of page intentionally left blank)
May 4, 2021, Item #5EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 145 of 190 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
May 4, 2021, Item #5a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 146 of 190 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)F or legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
May 4, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 147 of 190
May 4, 2021, Item #51. ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 148 of 190
May 4, 2021, Item #5service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. 5. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. 6. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. 8. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 149 of 190
May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract, no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 150 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used.
May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 151 of 190
May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 10. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 152 of 190
May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 153 of 190
May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 154 of 190 a. If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City
May 4, 2021, Item #5155 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method 8) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the
May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4708 or the main Public Works line (858) 668-4700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21 . Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 156 of 190
May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 157 of 190
May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable as detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. b. 158 of 190 General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. Non-performance/Non-compliance: 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable
May 4, 2021, Item #5time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. c. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 159 of 190
May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 92074-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 160 of 190
May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 161 of 190
May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Proiect Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 162 of 190
May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 163 of 190
May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 164 of 190
May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 165 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide
May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 166 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the
May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of ide ntification/d iscove ry. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 167 of 190
May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 168 of 190
May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 169 of 190
May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 170 of 190
May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 171 of 190
May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 172 of 190
May 4, 2021, Item #5c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. 3. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 173 of 190
May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 174 of 190 a. Irrigation Inspection, Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
May 4, 2021, Item #5175 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
May 4, 2021, Item #5176 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc.
May 4, 2021, Item #5177 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling.
May 4, 2021, Item #5178 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations.
May 4, 2021, Item #5179 of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained
May 4, 2021, Item #5180 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site.
May 4, 2021, Item #5181 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed.
May 4, 2021, Item #5182 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis.
May 4, 2021, Item #5183 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall
May 4, 2021, Item #5184 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mIxmg pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris,
May 4, 2021, Item #5185 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails.
May 4, 2021, Item #5M. 6. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 186 of 190
May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and B level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. FACILITIES (Bid Item A) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 52 26 C. Weed Control 52 26 D. Mowing 52 52 E. Edging 52 26 F. Pruning 12 6 G. Fertilization 2 1 H. Pest Control 4 2 I. Brow Ditch Cleaning 4 2 J. Sweep Paved Areas 52 26 K. Turf Aerification 1 0 L. Tree Pruning (lower branch) 2 1 M. Pet Waste Stations & Trash Cans See Note See Note Note: 1. Library: Receptacles shall be emptied 3 times per week or 156 times annually. 2. Poway Center for the Performing Arts: Receptacles shall be emptied 3 times per week or, a maximum of 156 times annually. 3. Lake Poway Road Lower Parking lot: Receptacle shall be emptied 1 time per week or 52 times annually. 4. Veterans Park: Receptacles shall be emptied once a week or 52 times annually. 5. Sheriff Station: Receptable shall be emptied 1 time per week or 52 times annually. 187 of 190
May 4, 2021, Item #5CIT Irrigation Tee Crew Leader I Certified Crew Leader 11 not certified Gardner 188 of 190 ATTACHMENT 2 Facilities -Service Level A Level A LevelC Steven Smith Reg. Time 1.5 2 $55.00 $82.50 $110.00 $45.00 $67.50 $90.00 $45.00 $67.50 $90.00 $35.00 $52.50 $70.00 $32.00 $48.00 $64.00
May 4, 2021, Item #5I NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES Business Name: ¼_v~ ,· 1 +h ~0c\~ t1-(2Q, j:rl_ · Business Address: I r, I u f.vmtY\f.r l i. a...l 9-r ft? T ~=ilntlfc)L,, c~ <l>O ;i 9 Signature of Proposer: · tCM. \.x%J /4, ~ '~L-s ' ti Place of Residence: E':>Lbhtl.t'c\L\ C -U Subscribed and sworn before me this l O day of M '°¢0 , 262<.Y. ~()~' LINDA L. H0LIBONICH ' COMM. #2197541 z \_.:-,"'-~ L -~\:\oc(\,~~ Notary Public in and for the County of Notary Public • California ~ San Diego County ... Comm. Ex ires JI.Ile 13, 2021 Sc:.\ .. 0 ,State of California My commission expires ~ - \ '5 -~ Q ;t \ (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) 189 of 190
May 4, 2021, Item #5• • • • • • • • • • • • • • • • I I • • • • • • I • • I • SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten ( 10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate. ***] Name of Proposer/ Company: Address: Telephone No.: (.~-_____ 74..._~_. __ c ....... 'j_._<t_l& _______ Facsimile No.: ( ]tt,{; ) 7'-IS -/l/'? State of California Contractor's License No. _'--1 ............. S __ fu ..... l ____ l.i_D _______ Classifications( s) _C._-_)_7 ____ _ Expiration Date: .,l ~, /.2~ Type of Firm (select one): D Individual D Partnership D Corporation D M/WBE [Kl Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: IO l1 l1 I ti() gg SSN or Federal ID Number: 3 ~ {),) 5.7 7~?J --"--------------------Receipt of Addenda: #_/_· _ # __ # J # ___ is hereby acknowledged . Ji&?--1nitials By signing below, I attest that I am an authorized representative / agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: j) l l \Jt,)-\ 190 of 190 I