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HomeMy WebLinkAboutCity Council Item No. 9CITY OF LADE -n LSI110RJE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: AMENDMENT TO AGREEMENT WITH EXCEL LANDSCAPE, INC. Background On May 25, 2004, the City entered into a Services Contract with Excel Landscape, Inc. ( "Excel ") whereby Excel agreed to maintain the City's landscaping located in the street median islands and street parkways. The original term of the Service Contract was set to expire in May 2007 and the original contract price was $185,316. In February 2008, the City approved the First Amendment to the Services Contract to extend the term of the contract to July 1, 2009. The original contract price was unaffected by the First Amendment. Discussion Excel has proven to be a reputable company and has been responsive to the City's needs while performing their duties as the City's maintenance contractor for street median islands and street parkways. In February 2009, City Staff met with management of Excel to review their Services Contract. The negotiations resulted in various adjustments to the service cycles in the contract. Based upon those adjustments, Excel indicated that it could perform the scope of work in the contract for $26,376 less than the original contract price. That reduction translates into a total Contract Price of $158,940 per year. Excel has agreed to maintain all city streetscape identified in Exhibit B to the proposed Second Amendment at a Contract Price not to exceed $158,940 for the period of July 1, 2009 — June 30, 2010. In exchange for the reduction in Contract Price, Excel has requested that the City Manager have authority to grant up to two 1 -year extensions at the same $158,940 Contract Price based upon the City Manager's determination that Excel has satisfactorily performed the contract services during the prior year. CC June 9, 2009 Item No. 9 Page 1 of 22 EXCEL LANDSCAPE, INC. CONTRACT EXTENSION JUNE 9, 2009 Page 2 Given the success of Excel it would be in the City's best interest to consider a Second Amendment to the Services Contract which would amend the Services Contract to require that (1) Excel Landscape, Inc. maintain all city streetscape in accordance with the proposed Second Amendment for a total contract price of $158,940 and (2) the contract term (July 1, 2009 -June 30, 2010) may be extended in one -year increments for up to two years, or until June 30, 2012. Fiscal Impact The City will have an annual cost of $158,940 for streetscape maintenance services through June 30, 2012. Recommendation Staff recommends that the City Council approve the attached Second Amendment to Services Contract between the City and Excel Landscaping, Inc. to provide that (1) Excel Landscape, Inc. will maintain all city streetscape identified in Exhibit B to the proposed Second Amendment for a contract price not to exceed $158,940 and (2) the City Manager has the authority to grant up to two 1 -year extensions at the same $158,940 Contract Price based upon the City Manager's determination that Excel has satisfactorily performed the contract services during the prior year. Prepared by: Ken Seumalo ors Director of Public Works Approved by: Robert A. Brady( City Manager Y` Attachment: 1. Second Amendment to Services Contract 2. First Amendment to Services Contract 3. Original Services Contract CC June 9, 2009 Item No. 9 Page 2 of 22 SECOND AMENDMENT TO SERVICES CONTRACT This Second Amendment to Services Contract (this "Second Amendment ") is made and entered into as of the day of 2009, by and between the City of Lake Elsinore, a municipal corporation (the "City ") and Excel Landscape, Inc. (Jose Alfaro) ( "Contractor"). RECITALS A. City and Constractor have previously entered into that certain Services Contract, dated as of May 25, 2004 (the "Contract "). B. In February 2008, the City approved the First Amendment to the Contract in order to extend the term of the agreement to July 1, 2009. NOW, THEREFORE, the parties amend the Contract as follows: 1. That Section 2 of the Contract shall be amended and restated as follows: "2. Time of Performance. The services of Contractor are to commence upon execution of this Second Amendment and shall expire June 30, 2010; provided, however, the City Manager shall have the authority to grant up to two 1 -year extensions at the Contract Price (as defined hereinbelow) based upon the City Manager's determination that Excel Landscaping, Inc. has satisfactorily performed the contract services during the prior year." 2. That Exhibit B "Schedule of Charges' shall be replaced in its entirety with the Exhibit B "Schedule of Charges" attached hereto and incorporated herein by this reference and that the total Compensation shall not exceed One Hundred Fifty Eight Thousand Nine Hundred Forty and No /100 Dollars ($158,940.00) (the "Contract Price "). Each individual signing below represents and warrants that he /she has the authority to execute this Second Amendment on behalf of and bind the party he /she purports to represent. [Signatures Continued on Next Page] CC June 9, 2009 Item No. 9 Page 3 of 22 IN WITNESS WHEREOF the parties have caused this Second Amendment to the Contract to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: Robert Brady, City Manager Title Name APPROVED AS TO FORM: Barbara Leibold, City Attorney CC June 9, 2009 Item No. 9 Page 4 of 22 EXHIBIT B SCHEDULE OF CHARGES See Attached CC June 9, 2009 Item No. 9 Page 5 of 22 Exhibit B Schedule of Charges Streetscapes /Breakdown Monthly Amt Annual Amt Square Feet Area A Grand /Machado $250 $3,000 5,212 Area B Garfield Madison $300 $3,600 12,810 Area C Machado /Lincoln $150 $1,800 6,984 Area D Terra Cota Rd. $100 $1,200 6,612 Area E Serenity $100 $1,200 6,696 Summerhill Median $100 $1,200 9,343 Summerhill Parkway $475 $5,700 31,675 Summerhill Slopes $635 $7,620 63,542 Area G Machado /Lincoln $50 $600 2,626 Area G Machado/Monterey $50 $600 2,592 Area H Orange Grove Way $300 $3,600 19,140 131 Channel Sidewalk at Grand $50 $600 5,212 Graham Fac Centennial, ComCenter,YouthCenter,Poe P/L $650 $7,800 34,415 Grand /Lincoln Slopes $600 $7,200 156,580 Grand /Lincoln Streetsca es $1,200 $14,400 213,225 Grand /Lincoln Monuments $200 $2,400 1,200 Grape Street Median $150 $1,800 12,226 Inco Homes /Cities Entrance $150 $1,800 2,266 Lake Street $150 $1,800 6,866 Lakeshore Drive $500 $6,000 30,640 Lincoln -Grand to Shorecliff $400 $4,800 30,458 Lincoln -West of Shorecliff $800 $9,600 72,910 Licoln Bridge Slope $100 $1,200 2,075 Main Street Downtown $300 $3,600 7,637 Main Street Turf $300 $3,600 13,760 Mission Trail $50 $600 3,007 Morrison Homes/ Hwy 74 $100 $1,200 2,476 Railroad Canyon Medians $1,500 $18,000 137,000 Splash /Grand Ave. $200 $2,400 5,585 Canyon Estates Slopes $1,540 $18,480 154,000 Can on Estates Turf $395 $4,740 26,340 Reflections - Grand Ave. $200 $2,400 10,700 Princo St @ Amrose St. $100 $1,200 Machado at Lily $200 $2,400 8,500 Irwin Street at Dawes Street $450 $5,400 5,400 Via De La Valle $300 $3,600 21,005 Lakeshore Condos $100 $1,200 1,440 Machado at Lily $50 $600 5,075 STREETSCAPES TOTAL 1,137,230 CC June 9, 2009 Item No. 9 Page 6 of 22 FIRST AMENDMENT TO SERVICES CONTRACT This First Amendment to Services Contract (this Amendment) is made and entered into as of the day of 2008, by and between the City of Lake Elsinore, a municipal corporation (the "City ") and Excel Landscape, Inc. (Jose Alfaro) ( "Contractor "). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of 2004 (the "Contract "). NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to December 31, 2008. Each individual signing below represents and warrants that he /she has the authority to execute this Amendment on behalf of and bind the party he /she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: Robert Brady, City Manager Title & Name APPROVED AS TO FORM City Attorney CC June 9, 2009 Item No. 9 Page 7 of 22 SERVICES CONTRACT x This Services Contract (the "Contract ") is made and entered into as of the 25 1. — day of y� J to , 2004, by and between the City of Lake Elsinore, a municipal corporation ( "City's nd Excel Landscape, fire. (Jose Alfaro) ( "Contractor "). RECITALS A. Contractor is specially trained, experienced. and competent to perform the special services which will be required by this Contract. B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Contract on the terms and conditions described herein. C. City desires to retain Contractor to render the services and related as, set forth in this Contract. AGREEMENT 1 Scone of Services a: Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public. b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's sole expense. C. Contractorshall provide the City with at least two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur. Contractor shall provide a maximum of one -hour personnel response time upon notification. d. Contractor shall require each of its employees and subcontractors to adhere to basic Parks and Open Space standards ofworking attire which shall include basic uniforms, proper shoes and other equipment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in. e. Contractor shall display the organization or firm name on all of its vehicles. Such display shall be legible from a distance to one - hundred (1.00) feet. In addition, Contractor shall, at its sole cost and expense, display directly below the organization or firm name, amagnetic sticker with the following message: "Under contract with the City of Lake Elsinore," a sample of which shall be provided by City. CC June 9, 2009 Item No. 9 1 Page 8 of 22 2. Time of Performance The services of Contractor, are to commence upon execution of this Contract and shall continue for a period of one year and may be extended for two consecutive one- year extensions upon the approval of the City Manager, subject to the review of the City Council. 3. Compensation Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Contract shall not be deemed a waiver ofdefects, even.if such defects were known to the City at the time of payment. 4. Method of Payment Contractor shall submit monthly billings to City describing the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. 5. . Extra Work At any time during the term of this Contract, City requests that Contractor perform Extra Work. As used herein, "Extra Work" means anywork which is determined by City to be necessary but which the patties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his /her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6.- Termination This Contract may be terminated by the City or Contractor for cause upon thirty (15) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation, for services performed up to the effective date of termination. T Reserved Contractor's Books and Records a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period ofthree'(3) years, or for any longer period required bylaw, from the date of final payment to Contractor to this Contract. b. Contractor shall maintain all documents and records which demonstrate performance under this .Contract for a minimum period ofthree (3) years; or for any longer period required bylaw, from the date of termination or completion of this Contract. C. Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City forinspection at.CityHall when it is 2 CC June 9, 2009 Item No. 9 Page 9 of 22 practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Contract. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 9. Independent Contractor It is understood that Contractor, in the performance ofthe work and services agreed to be performed, shall act as and be an. independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. . 10_ Interests of Contractor Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest direct or indirect, in the area covered by this Contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Contract. 11. Ability of Contractor City has relied upon.the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Contract. Contractor shall therefore provide properly skilled personnel to perform all services under this Contract. All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractor's field of expertise. 12. Compliance with Laws Contractor shall use the standard ofcare in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13.' ' Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract, any licenses, permits, insurance and approvals which are legally required of Contractor, including but not limited to, a City business license. 14. Indemnity Contractor shall indemnify and hold the City, its offrcers,.employees, and agents .. free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Contractor, its employees, subcontractors, and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement. As CC June 9, 2009 Item No. 9 3 Page 10 of 22 part of the foregoing indemnity, the Contractor agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. 15. Insurance Requirements a. Insurance Contractor, at Contractor's own cost and expense, shall procure and maintain for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage Contractor shall maintain Workers' Compensation. Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation ornon - renewal of all Workers'- Compensationpolicies must be received bythe City at least thirty (30) days prior to such change_ The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence' limit. iii. Automobile Liability Coverage Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Contract, including coverage for owned, hired and non-owned vehicles, in an amount ofnot less than one million dollars ($1;000,000) combined single limit for each occurrence. iv: Contractual Liability Coverage Contractor shall maintain contractual liability insurance for protection against claims alleging negligent errors or omissions which may arise from Con tractor's operations under this Contract, whether such operations bythe Contractor or by its employees or subcontractors. The amount of this insurance shall not be less than one million dollars. ($1,000,000) on a claims -made annual aggregate basis, or.a combined single limit per occurrence .basis. b. Endorsements Each general liability and automobile liability insurance policy shall be with insurers possessing a Besfs. rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with :respect to liability arising out of work 4 CC June 9, 2009 Item No. 9 Page 11 of 22 performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self - insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability ofthe insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to complywith reporting provisions ofthepolicies shallnot affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. V1. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty .(30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self - insured retentions. d. Certificates of Insurance Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein, unless such insurance, endorsements and/or certificates . are otherwise waived by the Director of Administrative Services. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Contract_ Current certification of insurance shall be kept on file with the City at all times during the term of this Contract. 16. Notices Any notice required to be given under this Contract shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attm City Manager 130 South Main Street Lake Elsinore, CA 92530 CC June 9, 2009 Item No. 9 5 Page 12 of 22 If to Contractor: Excel Landscape, Inc. Attn: Jose Alfaro - i 0 K eAff G ra ,Na ,j h U 1 7 17. Entire Contract This Contract constitutes the complete and exclusive statement of Contract between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Contract. 18. Amendments This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting The parties recognize that a substantial inducement to City for entering into this Contract is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit D. Contractor shall be fully responsible to City, for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the _ Contractor under this Contract will be permitted only with.the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Contract except as provided in Exhibit D without the written authorization of the City. If City consents to such .subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Contract shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the .payment of any monies due to any such subcontractor other.than as otherwise is required by law. 20. Waiver Waiver of a breach or default under this Contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Contract. . 21. Severabiiity If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the r emaini ng provisions of this Contract shall continue in full, force and effect. 22. Controlling Law Venue This Contract and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Contract shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys'. Fees If either patty to this Contract commences any legal action against the other party arising out of this Contract, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees, 24. Mediation The parties agree to make a good faith attempt to resolve any disputes arising out ofthis Contract through mediation prior to commencing litigation. The parties shall mutually agree , upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE C'JAMS ") or its successor: in interest. JAMS shall provide the parties with the names of five qualified mediators. Eachparty shall` CC June 9, 2009 Item No. 9 6 Page 13 of 22 have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution This Contract may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Contract, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Contract Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and to. bind each respective party. 27. Prohibited Interests Contractor maintains and warrants that ithas not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Contract. Further`, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage. fee, gift or other consideration contingentupon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City; during the term of his or her service with City, shall have any shall have any financial or other person interest, direct or indirect, in this Contract, or obtain any present or anticipated benefit arising therefrom. 28. Equal Opportunity Employment Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with aII relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. CC June 9, 2009 Item No. 9 7 1 Page 14 of 22 IN WITNESS VIIIEREOF the parties have caused this Contract to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: 03/27/2008 06:56 951- 735 -0469 RAIN OFFICE i" FIRST AMENDMENT TO SERVICES CONTRACT PAGE 02 This First Amendment to Services Contract (this Amendment) is made and City Of entered into as of the 26th day of Februa �, ands Excel an d t h c (Jose Lake Elsinore, a municipal corporation (the City ) Alfaro) rContracto>"). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of May 25, 2004 (the "Contract °). NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to July 1, 2009. Each individual signing below represents and warrants that he/she has the authority to execute this Amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: p ( A. Brady nager CONTRACTOR: APPROVED AS TO F City Title CC June 9, 2009 Item No. 9 Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES 1. This contract includes the maintenance of turf, plantings, irrigation, and hardscape, of streetscapes located within the city limits of Lake Elsinore. A list of the locations to be maintained under this contract is shown on page 32. Performance requirements are listed on pages 29 through page 31: SPECIFICATIONS Performance Requirement L . Base Bid Work L. TURF A. Mow, edge parks weekly during the growing season, March through October, and biweekly for the remainder of the year on a schedule to be approved by the City. Minimum height of turf is to be two and a half inches (2 1/2 ") for fescue, and one and a half inch (11/2.) for Bermuda. All trash, litter and debris are to be removed from the landscape prior to mowing. B. Clippings should either be caught or vacuumed from lawns. Clippings can be disposed of at the Lake Elsinore City Maintenance Yard located at 521 North Langstaff Street. C. All lawn edges along sidewalks and curbs, as well as shrub or ground cover border areas, shall be edged once a week during the active growing season, March through October, and biweekly the remainder of the year. D. Lawns shall be plugged or aerated six times per year. E. Fertilization: Turf shall be fertilized six (6) times annual lyper direction of the City. The rate of each application used shall be 1 lb.actual N11000 sq. ft. NOTE Best "Turf Supreme" 1.6 -6 -8 shall be used only in warm season and Nitra King 22 -3 -9 during winter months or Calcium Nitrate. 2. IRRIGATION: A. All controller scheduling shall be programmed.by the City. B. The contractor is responsible for routine adjustments and necessary repairs and shall perform all tasks that follow in this section. C. The Irrigation system shall be maintained for optimum performance. This shall include cleaning and adjustment of all sprinkler heads and valves for proper coverage. D. Inspections of the irrigation system, in operation, shall be made weekly during summer months, March through October, and bi- weekly November through. February; to detect any malfunctioning of the system. E. All replacement parts shall be of the same manufacturer, and type as the original equipment installed. Contractor: shall provide all repair parts. City will reimburse the contractor for approved part replacements: 29 CC June 9, 2009 Item No. 9 Page 18 of 22 3- SHRUB. GROUND C OVER, AND VINE CARE A. Prune to maintain a healthy and natural appearance to a height assessable from the ground. B. Restrict growth to area behind curbs and sidewalks, to top of walls and fences, and two feet (2') from all private residences. C. The Contractor shall restrict growth, through pruning, to maintain safe road visibility and optimum irrigation coverage. D. Control weeds. All planters, shrub and ground cover areas shall be kept weed free at all times All pesticides are to be applied by a licensed pest control operator. All recommendations to be made by Licensed Pest Control Advisor(PCA). E. Remove dead shrubs and backfill to existing grade. Replacement of shrubs will be in accordance with City of Lake Elsinore Standard Plans. Plants which have died due to mistake or negligence of the Contractor will be replaced free of charge. All other dead or unhealthy plants will be replaced upon approval of the City. The contractor shall provide labor and the approved plant material. The City will reimburse the contractor for the plant material only. F. All shrubs, vines and ground covers shall be fertilized four (4)'times yearly using Best "Turf Supreme' 16 -6 -8 at the rate of 2 lbs. N 11000 sq. ft. 4 TREE CARE: A, Prune to maintain. a healthy and natural appearance to a height ass essable'from the ground. B. Stake and support trees in accordance with City of Lake Elsinore Standard Plans. Stake and.ties shall be placed so no chafing of bark occurs. C. All guys, ties, and stakes shall be checked regularly to avoid girdling and damage to trees: D. Remove dead trees up to 3" diameter, backfill and compact to existing grade.. Trees which have died due to mistake or negligence of the Contractor will be replaced free of charge. All other dead or unhealthy trees will be replaced upon approval of the City. The contractor shall provide Iabor and the approved tree. The City will reimburse the contractor for the plant material only. E. The Contractor shall pick up branches and debris, and restake or remove leaning trees during inclement weather. F. Arbor guards are to be kept on all trees in turf until they are at least 4 in diameter or as directed by the City. 5. HARDSCAPES . A. All hardscapes such as, but not limited to, sidewalks, curb and gutters, expansion joints, walls, adjacent to City landscapes shall be kept clear of.dirt, mud, trash, weeds and any other substances which ate either unsightly or unsafe- 30 CC June 9, 2009 Item No. 9 Page 19 of 22 5. DRINKING FOUN TAINS: A. Drinking fountains shall be cleaned and disinfected weekly. 7. RODENT CONTROL A. The Collector shall provide rodent control (squirrels /gophers) at all streetscapes once a month. 8. TRASH A. The Contractor shall patrol all streetscapes prior to 10:00 a-m., once daily, seven (7) days per week, removing all litter from turf, planters, sandlots, walkways, parking lots, and trashcaus. B. Trashcans provided by the City in the streetscapes are to be provided with plastic, bag liners by the Contractor. The liners are to be changed as needed. The City shall supply trashcans to replace damaged cans. C. A trash dumpster is provided at the City Maintenance Yard for use by the Contractor. 9., LEVEL OF MAINTENANCE . A. All work shall be performed to the highest streetscapes maintenance standards set forth by the City of Lake Elsinore, so as to maintain an aesthetic appearance acceptable to the City. B. The contractor shall provide a foreman and maintenance crew at the sites weekly during normal working hours as determined by the City. All of the contractors maintenance personnel shall be supervised by a qualified, English speaking, foreman in the employ of the contractor. C. The contractor, or his representative, shall meet with the Parks and Open Space Manager or his representative pn a weekly basis and at such other times as may be required by the City to review the performance of the agreement and to discuss any problems or matters as determined by the City. D. If, in the judgment of the City, the level of maintenance is not acceptable,. the City shall issue a deficiency notice to the contractor, informing the contractor of the unacceptable condition. The contractor is required to correct deficiencies within the time specified by the City. . 10. WORK AREA TRAFFIC CONTROL A. Work areas requiring traffic control shall be properly protected pursuant to the information and guidelines set forth in the most current "Work Area Traffic Control Handbook" published by BNI Books, 3055 Overland Avenue, Los Angeles, California 90034; Phone (213) 202 -7775. B. Contractor shall provide all labor, materials and equipment required to advise the public of construction hazards. Upon completion -of the work, contractor shall promptly remove all signs and warning devices. Contractor shall be responsible for compliance with additional public. safety requirements which, may arise during landscape work at the site. 31 CC June 9, 2009 Item No. 9 Page20 of 22 LIST OF LOCATIONS TO BE MAINTAINED UNDER THIS CONTRACT 1. Area A - Grand at Machado 2. Area B - Garfield / Madison 3. Area C - Machado at Lincoln 4. Area D - Terra Cotta Road 5. Area E - Serenity 6. Summerhill Median 7. Summerhill Parkway 8. Summerhill Slopes 9. Area G - Machado @ Lincoln 10. Area G - Machado at Monterey 11. Area H - Orange Grove Way 12. B Channel Sidewalk at Grand 13. Graham Streetscapes 14. Grand/Lincoln Slopes 15, Grand/Lincoln Streetscapes 16. Grand/Lincoln Monuments 17. Grape Street Median 18. Inco Homes/Cities Entrance 19. Lake Street 20. Lakeshore Drive 21. Lincoln -Grand to Shorecliff 22. Lincoln -West of Shorecliff 23. Lincoln Bridge Slope 24. Main Street Downtown 25. Main Street Turf 26. Mission Trail 27. Morrison Homes/Hwy74 28. . Railroad Canyon Medians 29. Splash/Grand Ave. 30. Centennial Station 31. Canyon Estates Slopes 32. Canyon Estates Turf 32 CC June 9, 2009 Item No. 9 Page 21 of 22 TO ACCOMPANY BID �,AMI TTAL BID SCHEDULE ANNUAL ITEM DESCRIPTION 1. Area A - Grand at Machado 2. Area B - Garfield / Madison 3. Aiea C - Machado at Lincoln . os�. 4. Area D - Terra Cotta Road 5. Area E - Serenity 6. Summerhill Median 7. Summer hill Parkway 8. Summerhill Slopes 9. Area G - Machado @ Lincoln - 10. Area G - Machado at Monterey 11: Area H.- Orange Grove Way 12. B1 Channel Sidewalk at Grand "13. Graham Streetscapes 14, Grand/Lincoln $lopes 15. Grand/Iancoln Streetscapes 16. Grand/Lincoln Monuments 17. Grape Street Median 18. Inco Homes/Cities Entrance 19. Lake Street, .:: - .:: , 20. Lakeshore,)?4ve, . 21. Lineohs -Grand to-Shorecliff 22. Lincoln ,West pf 6horecliff 23. Lirreoln BAdge;Slope 24. Main Stree - Downtown 925. Main StreetTluE 26. Mission Trail 27. Morrison 14;omes7Hwp74 =28. Railroad Canyon Medians 29. Splash/Grand Ave. x -30. Centennial Station 31. Canyon Estates Slopes 32. Canyon Estates Turf 714 Reflections - h Graham St. Parking Lot n 35. Peck St. Parking Lot t Total SQ. FT. s t at �. r`3u u, � c u � 1C " 77 r s Wft(tAaA 0Y P de Volit ` Lw t s6 e r ,Jos - �yKfl s +, Square Feet 5,212 12,810 6,984 6,612 6,696 9,343 31,675 63,542 2,626 2,592 19,140 5,212 34,415 156,580 213,225 1,200 12,226 2,266 6,866 ; 30,640 30;458 . 72,910 2,075 7,637 13,760 3,007 2,476 137,000 5,585 2,23.6 154,000 26,340 10,700 ' 952 1,394 1,100,392 EXHIBIT - B A o v wl COST $.3,00 $ 3,60 $.'1 80 0.00 $ 1,20 $ 1,20 0.00. $ 5,70n 0..00 $ 60 ..00 $ 60 .00 $ 3,60 60 0.00 $ 7,800 $ 9; 60 .00 $.25,8.00 $ -9,40 n ',00 $ 3,000 S 1,80 1,50 .00 $-- 7, 200 .00 $ 5.52 Mill .00 $ 1,20 $1:0, M .00 S 3,60 $ 60 0.00 $ - ;znn .00 $1 A,nnn $ 7 .4 0-0.00 •2,400 $18,48' .4 740.00 S 3,000 $ 1 , 2'0 0 .0 0 $ "7n .00 10 1 �ttr,3�i2 s�Y 4 m N Z O C- N N _CM rn od 0 N :. (D c 0 #({d�t�