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HomeMy WebLinkAboutD- 5 Landscape Maintenance Contract • -� %/ FFA.�/ iF:: (77N •��f � frjff dir 10 • wimp • �+� �`f;.;f4ir:YffoSr/•�' ff� �.. fj;• f� / }:�'r,''' /'�/ per¢ l�i,'.+J,Ff<i y{:�,5• ''' {� �/`#+; •' �'f A' /// , ,i ' >.j:j ;� ,y .`. .N�/rt.:++::?i{�+::Frr.:/ �� rFF.+ '�, :-.: `r ,N/�•S: : %.�••/.+.+{i�/ •{:•... .. ..7lfn/ n�/•��i, ��jCt:' +f.`.. zus AGENDA ITEM MEMORANDUM TO: Honorable Mayor and City Council FROM: Randy Noriega, Associate Director of Recreation and Parks VIA: Rick Cole, City Manager DATE: November 20, 2000 SUBJECT: Landscape Maintenance Contract RECOMMENDATION: Approve the public notice and bid specification packet for the Recreation and Parks Department Landscape Maintenance Contract. The contract scope includes landscape and irrigation maintenance on various street mediums, facility landscaping and newly developed areas. SUMMARY: The contract specification call for bids to be submitted by professional landscape contractors on up to 33 specific sites within the city. The contract length is for three years. BACKGROUND: This contract was originally developed by the Public Works Director when the Parks operation was under their department. During the reorganization of the Recreation and Parks Department the contract was placed under its umbrella. Over the last two years the contract had been drastically reduced due to budget cuts and fiscal errors not of the Recreation and Parks Department doing. Funding has been mostly restored to the original amount of the contract not accounting for inflation. FISCAL IMPACT: The estimated annual cost of this contract is in the range of $75,000 - $80,000. This contract is accounted for in the current general fund budget of the Recreation and Parks Department. 40/6//, `�/aF g/Zelfi4 CITY OF AZUSA RECREATION AND PARKS DEPARTMENT PARKS DIVISION PROJECT NO. PK 00-01 SPECIFICATION FOR THREE YEAR CONTRACT FOR LANDSCAPE AND IRRIGATION MAINTENANCE OF VARIOUS MEDIAN ISLANDS, PUBLIC FACILITIES, AND RIGHT-OF-WAYS CITY COUNCIL CRISTINA C. MADRID, MAYOR DIANE BEEBE DAVID O. HARDISON COUNCIL MEMBER COUNCIL MEMBER DICK STANFORD JOSEPH R. ROCHA COUNCIL MEMBER COUNCIL MEMBER RICK COLE CITY MANAGER c, RANDY NORIEGA 1'l�' ASSOCIATE DIRECTOR OF RECREATI N AND PARKS ROY C HAV EZ ACTING PARK MAINTENANCE SUPERVISOR LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 00-01 TABLE OF CONTENTS Notice Inviting Bids 3 Instruction To Bidders 5 Project Schedule 9 Areas 10 LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 00-01 NOTICE INVITING BIDS PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa, County of Los Angeles, State of California, will receive, at the office of the City Clerk, City Hall, Azusa, California, up to the hour of 10:00 A.M. on Tuesday, sealed bid for the following: Bids will be publicly open and declared in the Office of the City Clerk, City Hall, 213 E. Foothill Blvd.,Azusa, California, at 10:00 A.M. on Tuesday, Action will be taken on these bids by the City Council, City of Azusa, at 7:30 P.M. on at a regular meeting of the City Council in the Council Chambers, City Hall, Azusa, California. No bid shall be considered unless it is made on a proposal form provided for that purpose sealed and filed with the City Clerk at the above address, on or before the time specified for receiving bids. Each bid must be accompanied by a bidder's bond, cash, certified check, or cashier's check, made payable to the City of Azusa, for an amount equal to at least ten percent (10%) of the amount bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into the contract. Bidders are advised that this contract is a Public Works Contract for purposes of the California Labor Code, which requires a m-1 • • - ,' 'n! w _- . Pursuant to the Labor Code of the Sate of California, the City Council of the City of Azusa has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be preformed for each craft or type of workmen needed to execute the proposed contract. These prevailing rates are on file in the office of the City Clerk and will be made available to any interested party upon request. The successful Contractor must pay the prevailing rates, post copies thereof at the job site(s) and otherwise comply with applicable provisions of State Law. The successful bidder will be required to furnish Labor and Material Bonds in an amount equal to one hundred percent (100%) of the annual contract price and Faithful Performance Bonds in an amount equal to one hundred percent (100%) of the contract price. Bonds shall be secured by a surety company or surety companies satisfactory to City annually and admitted in California. The City of Azusa requires that all contractors be licensed with the State of California in their particular area of expertise, Per Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her -3- contractor's license appears clearly on the bid, the license expiration date is stated and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information whish is subsequently proven false, shall be considered non-responsive and shall be rejected by the City of Azusa. All bidders are required to completely fill the "Contractors license Declaration" contained in the bid documents. The license type required for this project is C-27. A complete set of Drawing and Specifications may be obtained from the Office of Recreation and Park, located at 320 N. Orange Place, Azusa, Calif., for a fee of $35.00 (non-refundable) for a set. Additional sets may be purchase for $10.00 per set, if you wish to have the drawing and specification mailed to you a fee of $45.00 will be charge for each set. Fees must be received before the Drawing and Specifications will be mailed. The City Council reserves the right to reject any and all bids or parts thereof and to waive any minor irregularity in such bids. ADOLPH A. SOLIS, CITY CLERK Publish Azusa Herald CITY OF AZUSA -4- LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 00-01 INSTRUCTION TO BIDDERS 1 . SECURING DOCUMENTS Bid and Contract Documents may be secured from the Office of Recreation and Park, 320 N. Orange Place, City of Azusa. A non-refundable fee of$35.00 will be charged for each set of plans and specifications purchased, and $45.00 if requested by mail. 2. EXAMINATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, WORK SITE The bidder shall examine carefully the site of the proposed work, and the Notice Inviting Bids, plans, specifications, and Contract Documents. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be preformed and materials to be furnished, and as to the requirements of said Notice Inviting Bid, plans, specifications, and Contract Documents. 3. PROPOSAL Bids, to receive consideration, shall be made in accordance with the following instructions: A. Bids shall be made upon the forms provided therefor in the proposal, with all items which the bidder is bidding properly filled out; numbers shall be stated in writing and in figures, signatures of all persons signing shall be in longhand; completed forms shall be without inter-lineation, alterations, or erasures. B. All bids submitted shall include in the lump sum or unit prices bid, all sales, or other taxes of City, State, or Federal Government of ever nature in effect at the time of bidding. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered unless called for. No oral, telegraphic, telephonic proposals, or modifications will be considered. D. All Proposals or Bids shall be accompanied by a check payable to the City of Azusa for the amount not less than ten percent (10%) of the aggregate of the Proposal, certified by a responsible bank, or by a Bidders's Bond for the said amount and so payable. Said check, or bond shall be given as a guarantee that the Bidder will enter into a Contractor if awarded the work and in case of refusal or failure to enter into a Contract, the check or bond, as the case may be, will be collected by the City of Azusa as provided by law. E. Before submitting a bid, each bidder shall carefully examine and read the specifications and the forms of other parts of the contract documents, visit the work-site, fully inform himself as to all existing conditions and limitations, and shall include in his bid a sum to cover the cost of all items included in the contract. -5- F. Bids shall be delivered to the City Clerk, City of Azusa, on or before the day and hour set for the opening of bids in the bid advertisement, enclosed in a sealed envelope bearing he title of the work and name of the bidder. It is the responsibility of the bidder to see that his bid is delivered in proper manner and time. If any bid is received after the scheduled closing time, it shall be returned to the bidder unopened. 4. WITHDRAWAL OF BIDS Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any time prior to the scheduled opening time of bids. 5. INTERPRETATION OF PLANS AND DOCUMENTS If any person who contemplates submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specification or other parts of the proposed contract documents, or finds discrepancies in or omissions from the specifications he may submit to the Engineer a written request for an interpretation or correction thereof. The person submitting the request shall be responsible for its prompt delivery. Any interpretation or corrections of the proposed contract documents will be made only by addenda duly issued, and a copy of such addenda will be mailed or delivered to each person receiving a set of plans and specifications. The City of Azusa will not be responsible for any other explanation or interpretation. 6. ESTIMATED QUANTITIES The quantities given in the plans and specification are approximate only, given as a basis of bid comparison, and the City does not expressly or by implication guarantee that the actual amount of the proposed work will correspond therewith. 7. ADDENDA Any addenda issued before or during the time of bidding shall become a part of the contract documents and shall be covered in the bid and made a part of the contract. 8. DISQUALIFICATION OF BIDDERS The City Council may reject any and all proposals or bids should it deem this is for the public good. A Contract shall be awarded, if at all, to the lowest responsible bidder submitting a responsive bid. 9. IRREGULAR BIDS Bids may be rejected if they show any alterations of from, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. 10. MATERIAL QUALITY A. GENERAL. Unless otherwise specifically provided in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this contract are to be new and of the available grade of their -6- • respective kinds. Whenever in the specifications any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of the manufacturer, or by catalog number, such specifications shall be deemed to be unused for the purpose of establishing a standard of quality and facilitating the description of the materials or process desired and shall be deemed to be followed by the words "or equal", and the contractor in such cases may, on written permission of the City, use any item, type or process which shall be substantially equal in every respect to that so indicated or specified. The City shall be sole judge as to the equality of the substituted article. B. SUBSTITUTIONS. If materials other than as specified are used in bidding the work described in the Special Conditions and/or shown on the plans, the bidder shall furnish a list of such substitutions giving name and manufacturer of each item to be substituted in order that such items may be checked before the contract is awarded. 1 1 . OPENING OF BIDS Bids will be opened and publicly read aloud in the City Clerk's office, City Hall,Azusa, California. In case where only one bid is received, such bid may be properly opened and read aloud in the ususal manner, and accepted at the option of the City Council. Bidders or their representatives and other interested persons may be present at the opening and reading of bids. 12. AWARD OR REJECTION OF BID The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of the bids. All Bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. 1 1 . BIDDERS SUBMITTING MORE THAN ONE BID No person, firm, or corporation shall submit more than one bid for the same work. A person, firm or corporation who has submitted a sub-proposal to a bidder or who has quoted prices on materials and/or labor, to a bidder is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. 12. EXECUTION OF CONTRACT The contract, bonds and required insurance documents shall be executed and filed by the successful bidder with the City Clerk of the City of Azusa not later than fifteen (1 5) days after notification of award and mailing of the proposed contract to the successful bidder. 13. RETURN OF BIDDER'S GUARANTEES Within ten (10) days after the award of the contract, the City of Azusa will return the -7- proposal guarantees accompanying each of the proposal which are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to respective bidders whose proposals they accompanied. 14. FILING OF BID PROTEST Bidders may file a "protest" of a contract award with the Department. In order for a Bidder's protest to be considered valid, the protest must: a. Be filed timely and in writing (as detailed in this Section) b. Clearly identify the specific accusation involved. c. Clearly identify the specific City recommendation being protested. d. Specify, in detail, the grounds of the protest and facts supporting the protest. e. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one the these requirements, it will be rejected as invalid. A protest regarding the recommendation award of a contract solicited by the Notice Inviting Bids must be filed in writing with the City within five (5) Calendar Days after the bid opening. If the protest is valid, the City or other designated City staff member, shall review the basis of the protest and all relevant information. The City will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the City to the City Council. -8- LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 00-01 PROJECT SCHEDULE Submit Agenda Items - Specifications Council Approval Advertisement in Tribune Mandatory Walk-Through Formal Bid Opening Reference Check Submit Agenda Item - Award Council Approval Contract Execution, Bonds Pre-Construction Meeting and Notice to Proceed Contract Commencement -9- CITY OF AZUSA LANDSCAPE MAINTENANCE PROPOSAL PROJECT NO. PK 00-01 The City of Azusa is requestingyour Company participation in submitting cost to maintain the landscaping and irrigation with the highest quality. All proposal are to include labor and material by Contractor. AREA 1 : Foothill Blvd. - Santa Fe railroad right-of-way slopes on the north side from Vernon Ave. east to approximately 240 lineal feet of the railroad overpass. And on the south side starting approximately 250 lineal feet west of Orange Ave. to approximately 250 lineal feet west of Orange Ave. to approximately 130 lineal feet west of the railroad overpass. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 2: Foothill Blvd. &Alosta Ave. - Center medians from the easterly City limits at Barranca Ave. to the westerly City limits. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 3: Citrus Ave.- Center median south of Alosta Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 4: Citrus Ave. - Center median north of Alosta Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 5: Citrus Ave. - Caltrans on/off ramp on the west side of Citrus Ave., south of the 210 Fwy. AREA 6: First Street/Baseline Rd. - Center medians west of Citrus Ave. to Fenimore Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month -10- AREA 7: First Street - Walkway west of the 210 Fwy. overpass, between First Street and San Gabriel Place, to include overpass median Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 8: Fifth Street - Center medians west of Alosta Blvd. to Little Dalton Channel. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 9: Southeast corner Fifth Street and Azusa Ave. - Vacant lot. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 10: Pasadena Ave. - Center median south of Foothill Blvd. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 1 1 : Gladstone Street - Frontage parkway east of Citrus Ave. to Big Dalton Channel. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA1 2: Intersection of Gladstone Street and Cerritos Ave. - Four center medians north and south of Gladstone Ave.. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 1 3: Gladstone Street and Pasadena Ave. - Parkway on Gladstone from Pasadena Ave. to Cerritos Ave. and on Pasadena from Gladstone north to Russell Street. Irrigation Maintenance $ per month Landscape Maintenance $ per month -11- AREA 14: Heritage Parking Lot- Parking lot behind 600 block of Azusa Ave. downtown between Foothill Blvd. and Sixth Street, east of San Gabriel Ave.. (Vacant lot on the northeast corner of San Gabriel Ave. and Sixth Street not included). Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 15: Downtown Parking Lot between GTE and Hotel on the 600 Block of Azusa Ave.. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 16: Vernon Ave. - Center medians between Eleventh Street and Sierra Madre Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 17: Sierra Madre - Medians between Todd Ave. east to San Gabriel Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 18: Canyon Park - On Sierra Madre Ave. between Sunset Ave. and San Gabriel Canyon Road and between Sierra Madre Ave. and Ellsworth Street on San Gabriel Canyon Road. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 19: Azusa Women's Club - 1001 North Azusa Ave. (to include patio). Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 20: Civic Center Park - To include City Hall from Foothill Blvd. and railroad track between Alameda Ave. and Dalton. Irrigation Maintenance $ per month Landscape Maintenance $ per month -12- AREA 21 : Center medians on Alameda Ave. and Dalton Ave.between Foothill Blvd. and railroad tracks. II Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 22: Senior Center Complex - 740 N Dalton Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 23: Azusa Police Facility - 725 N. Alameda Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 24: Municipal Parking Lot- Northwest corner of Foothill Blvd. and Alameda Ave.. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 25: 100 Block N. Azusa Ave. -Vacant lot on east side of Azusa Ave. (berm only). Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 26: 100 Block S. Azusa Ave. - Caltrans 210 Fwy. on/off ramp on the west side of Azusa Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 27: 100 Block S. Azusa Ave. - Caltrans 210 Fwy. east bound on-ramp on the east side of Azusa Ave. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 28: Azusa Ave. - Parkway south of Gladstone Street, east side of Azusa Ave., to Payson Street and approximately 375 feet south of Payson Street. Irrigation Maintenance $ per month Landscape Maintenance $ per month -13- AREA 29: Azusa Ave. - Center medians from Arrow Hwy. north to the Mobile Gas Station north of First Street. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 30: Edwards Mini Park - Northeast corner of Azusa Ave. and Sixth Street. Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 31 : City Yard - 809 N. Angeleno Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 32: Azusa Transportation Facility - 805 W. Tenth Street, Azusa Billing will go to Transportation Facility, 805 W. Tenth Street, Azusa, CA., 91702, attn: Peter MacKay Irrigation Maintenance $ per month Landscape Maintenance $ per month AREA 33: Cerritos Ave. parkway on east side of street north of Gladstone Street, north to Alford Street. Irrigation Maintenance $ per month Landscape/Hard scape Maintenance $ per month AREA 34: Letton Ave. parkway between Azusa Ave. and Letton Street north of Arrow Highway, south of Newburgh. Irrigation Maintenance $ per month Landscape/ Hard scape Maintenance $ per month -14- CONTRACTOR PLEASE NOTE: The City reserves the right, at its discretion to delete, add or modify individual areas for the purpose of budget constraints or agreements/contract with outside entities. Prior to contract execution, the Contractor will be notified of any changes to the proposal submitted. FIRM NAME CONTRACTORS LICENSE NO. 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AS alidDCR• • lh•.•.ROFT *.�' .•h ' MI at ..�:•• hP ¢ i W..• $ E ARROW HWY$ I2 Z t Z �.' z i E ARROW HWY C d D CSINA F c e., i .. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENT: That we , as principal and , as surety, and held and firmly bound unto the City of Azusa in the sum of TEN PERCENT(10%) of the total amount of the bid of the principal, to be paid to the said Agency or its certain attorney, its successors and assigns, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. In no case, shall the liability of the surety hereunder exceed the sum of$ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above-mentioned bid to the City of Azusa for certain maintenance specifically described as follows, for which bids are to be opened in the office of the City Clerk, Azusa, California on NOW, THEREFORE, if the aforesaid principal is awarded the contract and within the time and manner required under the specifications, after prescribed forms are presented to him for signature, enters into a written contract, in the prescribed from in accordance with the bid, and files the two bonds with the City of Azusa, to guarantee faithful performance and the other to guarantee payments for labor and materials, as required by law, the this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this body by the obligee and judgement is recovered the surety shall pay all costs incurred by the obligee in such suits, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on the day of , 20_ If Corporation affix Corporate Seal (Seal) Contractor (Seal) (Seal) P7 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, the City Council of Azusa, State of California, by motion adopted has awarded to hereinafter designated as the "Principal," a contract for in the City of Azusa; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Azusa to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, we as Principal, hereinafter designated as the Contractor and as Surety, are held and firmly bound unto the City of Azusa, in the sum of Dollars($ ), said sum being equal to 100%of the estimated amount of contract, to be paid to the said City or it certain attorney, it successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and will and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their, to be kept and performed at the time and the manner therein specified, and in all respects according to their true intent and meaning and shall indemnify and save harmless the City of Azusa, its officers and agents, as therein stipulated, then this obligation shall become null and void;otherwise it shall remain in full force and virtue. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. P8 The said Surety, for value received, hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms specifications accompanying the same shall be in anywise affect its obligations on this bond, and it does hereby wave notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specification. IN WITNESS WHEREOF, this instrument had been dully executed by the Principal and Surety above named, on the day of ,2000. (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) P9 LABOR AND MATERIAL BOND • KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, the City Council of City of Azusa, State of California, by motion adopted has awarded to hereinafter designated as the"Principal," a contract for in the City of Azusa; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Azusa to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, we as Principal, hereinafter designated as the Contractor and as Surety, are held and firmly bound unto the City of Azusa, and all contractors, subcontractors, labors, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the Civil Code, in the sum of Dollars($ ), for material furnished or labor thereon of any kind(including benefits), or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses in fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and will and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their, to be kept and performed at the time and the manner therein specified, and in all respects according to their true intent and meaning and shall indemnify and save harmless the City of Azusa, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. P10 It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully preformed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alterations or additions to the terms of the contractor or to the work or to the specifications. IN WITNESS WHEREOF, this instrument had been dully executed by the Principal and Surety above named, on the day of 2000. (Seal) (Seal) CONTRACTOR (Seal) (Seal) P11 CONTRACTOR'S LICENSE DECLARATION (Business & Professions Code Section (7018.15) The undersigned declares that he or she is (Title) of (Bidder), (Company Name) 1. Contractor's License Number: State: 2. Contractor's License Classification: _ 3. Expiration date of Contractor's License: , 20 4. Bidder acknowledges that Section 7028.15(e) of the Business and Profession Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's appears clear?;,on the bid, the license expiration date is stated and the bid "ontains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency." The undersigned declares under penalty of perjury that the forgoing is true and correct. Executed on , 20 , at (Insert city and state where signed) Name of Company Typed Name Signature Title P12 The undersigned hereby agrees to execute the Agreement within ten(10) days of the c: re of Notice of Award, and further agrees that this Bid may or may not be withdrawn for a 7-xiod of thirty(30) days after the date set for the opening thereof. A check payable to the City of Azusa and certified by a responsible band, Cashier's check, or Bidder's Bond for an amount not less than ten percent (10%) of the aggregate of the Proposal is attached hereto and is given as a guarantee that the in the event of the Bidder's failure to do so within the time provided, said check or bond, as the case may be, shall be forfeited to the City of Azusa, or Surety's liability to the City of Azusa established. The undersigned has checked carefully all words and figures inserted in the Bid Schedule and understands that the City of Azusa will not be responsible for any errors or omissions on the part of the undersigned in making up his bid. The undersigned hereby certifies that this proposal is genuine and is no sham or collusive, or made in the interests of or in behalf of any person not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid or any other person, firm or corporation to refrain from bidding and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned hereby certifies that he has received addenda number and that his bid includes the cost of all additional work specified thereon. The undersigned is licensed in accordance with the laws of the State of California. If Corporation affix Corporate Seal BIDDER'S NAME AUTHORIZED SIGNATURE AUTHORIZ.FD SIGNATURE TYPE OF ORGANIZATION INDIVIDUAL, CO-PARTNERSHIP, OF CORPORATION ADDRESS TELEPHONE NO. LICENSE NO. & CLASSIFICATION Note: In case of discrepancy between words and figures, the words shall prevail. P13 CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 1. Parties and Date. This Agreement is made and entered into this day of , 2000, by and between the City of Azusa, a municipal corporation of the State of California, located at 213East Foothill Boulevard, Azusa, County of Los Angeles, State of California, (hereinafter referred to as"City") and a , located at (hereinafter referred to as"Contractor"). City and Contractor are sometimes individually referred to as"party" and collectively as parties in this Agreement. 2. Recitals. WHEREAS, City desires to engage Contractor to render certain Landscape&Irrigation maintenance services as set forth herein in connection with the City-Wide Median Island, Public Facility and Right-of-Way's project ("Project"); and WHEREAS, the principal members of Contractor are Landscape&Irrigation Contractors who possess any necessary licenses to perform the desired services, are experienced in providing such services, and are familiar with the plans of the City for the Project; NOW, THEREFORE, the parties hereto agree as follows: 3. Terms. SECTION I SERVICES OF THE CONTRACTOR 1. General Description of Services. Contractor promises and agrees to furnish to Owner all labor, material, tools, equipment, services, incidental and customary work necessary to fully and adequately supply the Landscape &Irrigation Maintenance services necessary for the Project ("Services"). The services are more particularly described in"Special Provisions" attached hereto attached as Exhibit A, and made a part hereof. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Term. The term of this Agreement shall be for three (3) years, to , 20_ inclusive, unless earlier terminated as provided for herein to extended by written agreement of the parties. Cl SECTION I RESPONSIBILITIES OF CONTRACTOR 1 Control and Payment of Subordinates. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and Contractor is not an employee of the City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law, and shall be responsible for all reports and obligations respecting them, including but not limited to Social Security taxes, income tax withholding, unemployment insurance, disability insurance and Worker's Compensation insurance. Contractor retains the right to perform similar or different services for others during the term of this Agreement. 2. Schedule of Services. Contractor shall perform the Services agreed upon with expeditiously, within the term of this Agreement, and in accordance with a Schedule of Services set forth and attached hereto and incorporated herein by reference. Contractor represents that it has the personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3. Conformance to Applicable Requirements. All work prepared by Contractor shall conform to applicable City, County, State and Federal laws, rules and regulations, and shall be subject to approval of the project manager and city council. Contractor shall defend, indemnify and hold City, it officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules and regulations. 4. City's Project Manager. Contractor shall work closely and cooperate fully with City's designated project manager("City's Project Manager"), and other agencies which may have jurisdiction or interest in the Services to be performed. The City's Project Manager, or his or her designee, shall be the principal officer of the City for liaison, and shall review and give his approval to the details of the Services as they progress. City appoints Randy Noriega, Associate Director of Recreation&Park, as the City's Project Manager, but reserves the right to appoint another person as the City's Project Manager upon written notice to Contractor. Contractor shah not accept direction or orders from any person other than the City's Project Manager or his or her designee. 5. Contractor's Project Representative. The Contractor shall assign to the Project a competent project representative who shall coordinate all phases of the Services("COntractor's Representative"). The Contractor's Representative shall be approved by the City in writing, and shall be available to the City at all reasonable times. Contractor's Representative shall have full C2 authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention. 6. Indemnification. Contractor shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against all claims, demands, causes of actions, costs, expenses, losses, injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising out of or in connection with any alleged acts, omissions or willful misconduct of Contractor, it officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its elected officials, officers, employees and agents volunteers. Contractor shall pay and satisfy any judgement, award or decree that maybe rendered against City or its elected officials, officers, employees or agents in any such suit, action or other legal proceeding. Contractor shall reimburse City and its elected officials, officers, employees and/or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not L restricted to insurance proceeds, if any, received by the Ci:y or its elected officials, officers, employees or agents. Notwithstanding the foregoing, this indemnity provision shall not apply to any injuries to persons or property which result from the sole negligence of the City. 7. Standard of Care:Licenses. The Contractor shall preform the services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. The Contractor shall be responsible to City for any errors or omissions in its execution of this Agreement. Contractor represents and warrants to City that it, its employees and subcontractors have all licenses, permits qualifications, and approvals of whatever nature that are legally required to practice it profession and to perform the Services. Contractor further represents and warrants that all such licenses,permits, qualifications and other approvals shall be maintained during the term of this Agreement. Any employee or other consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property,who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall be re-employed to perform any of the Services or to work on the Project. 8. Insurance. Contractor shall obtain, at its own cost, a policy or policies of liability insurance of the type and in the amounts described below and satisfactory to the City Attorney. C3 Contractor shall also procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which in its own judgment may be necessary for its proper protection in the prosecution of the work. The Contractor's insurance coverage shall be primary insurance with respect to the City, it elected officials, officers, employees and agents A. Types and Amounts of Coverage. Prior to the commencement of any Services hereunder, Contractor shall provide certificates of insurance with original endorsements, and copies of policies if requested, of the following insurance: 1. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the labor Code of the State of California. Employers Liability limits covering all employees and principals in the amount of$1,000,000 per accident for bodily injury or disease. 2. Commercial General Liability: Commercial General Liability Insurance covering third party liability risk, including contractual liability, in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury,personal injury and property damage. If commercial general liability insurance or other form with general aggregate limit is used, either the general aggregate shill apply separately to this project or the general aggregate limit shall be twice the occurrence limit. 3. Commercial Automobile Liability: Commercial Auto Liability and Property Insurance covering any owned and rented vehicle of Contractor in a minimum amount of $1,000,000 combined single limit per accident for bodily injury and property damage. B. Necessary Provisions or Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: 1. Workers' Compensation and Employers Liability: The insurer shall agree to waive all rights of subrogation against the City, it elected officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. 2. Commercial General Liability: The general liability policy shall be endorsed to state that: (a) the City, it elected officials, officers, employees, and agents shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including material, parts or equipment furnished in connection with such work; and(b) the insurance coverage shall be primary insurance as respects the City, its elected officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintain by the City or its elected officials, officers, employees and agents shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. C4 3. Commercial Automobile Liability: The automobile liability policy shall be endorsed to state that: (a) the City, its elected officials, officers, employees, and agents shall be covered as additional insured with respect to the ownership, operation maintenance, use, loading or unloading of any auto owned, leased hired or borrowed by the Contractor or for which the Contractor is responsible; and (b)the insurance coverage shall be primary insurance as respects the City, its elected officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its elected officials, officers, employees or agents shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 4. All Coverage: Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty(30) days prior notice has been given in writing to City. C. Notice. Contractor shall give to City prompt and timely notice of claim made or suit instituted arising out of Contractor's operations hereunder. D. Subcontractors. Contractor shall include subcontracting Contractors, if any, as insured under its policies, or shall furnish separate certificates and endorsements for each subcontractor, but only with respect to operations of such subcontractors relating to this Agreement. All coverage for such subcontractors shall be subject to the requirements stated herein. E. Acceptability of Insurers. Insurance is be placed with insurers with a current A. M. Best's rating no less than A:III, licensed to do business in California, and satisfactory to the City. F. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any Services commence. The City reserves the right to require complete, certified copies of all required insurance polices, at any time. 3. Bond Requirements. A. Payment Bond: Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in an amount required by the City and in a form provided or approved by the City. No payment shall be made to Contractor until the bond has been received and approved by the City. B .Performance Bond: Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in an amount required by the City and in a from provided or approved by the City. No payment shall be made to Contractor until the bond has been received and approved by the City. C5 C. Bond Provision: Should, in City's sole opinion, any bond beco e insufficient or any surety be found to be unsatisfactory, Contractor shall renew or rep :ice the effected bond within ten(10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten(10) days prior to expiration of original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If Contractor fails to furinish any required bond, the City may terminate the Agreement for cause. D. Surety Qualifications: Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. SECTION II FEES AND PAYMENTS 1. Compensation. Except as provided in this section, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, at the rates set forth in the Contractor's Landscape Maintenance Proposal, incorporated herein by this reference. The total compensation shall not exceed per year (12 month period) ($ ) without written approval of City's . Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 2. Extra Work. Contractor shall receive compensation for extra work authorized by City in a amount as specified by the parties at the time such authorization is given. All extra work must be authorized in writing by the City's Project Manager, and Contractor shall not be entitled to extra compensation without such authorization. As used herein, "Extra Work"means any work which is determined by City to be necessary for the proper completion of the Project, but which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized by City. 4. Payment of Compensation. Contractor shall provide a monthly itemized statement which indicates the progress of the Services and the hours or percentage of the Services completed through the date of the statement. City shall make payments to Contractor within 30 days of receiving said statement or in such percentage as City determines has been adequately completed. C6 5. Prevailing Wage: Contractor is aware of the requirements of California Labor Code Section 1770 et q., which requires the payment of prevailing wage rates and the performance of other requirements on"public works contracts." If this is a"public works contract"pursuant to the California Labor Code and it the Total Contract Price is $1,000 or more, the Contractor agrees to pay such prevailing rates to each workman needed to execute the Work and further agree to comply with the penalty provisions of Section 1775 of the California Labor Code in the event of its failure to pay prevailing rates. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend, indemnify and hold City, its officials, directors, officers, employees agents and volunteers free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with these provisions of the California Labor Code. SECTION III ACCOUNTING RECORDS 1. Contractor shall maintain complete and accurate records with respect to costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records and any other documci.ts created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. SECTION IV GENERAL PROVISIONS 1. Termination of Agreement. A. Grounds for Termination. City may, by written noticed to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In the event of termination without cause Contractor shall be compensated only for those services which have bee adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. B. Additional Services. In the event this Agreement is terminated in whole or in part as provided in paragraph A of this section, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. C. Effect of Termination. If this Agreement is terminated as provided in paragraph A of this section, City may require Contractor to provide all finished or unfinished Documents and Data, as defined in this Agreement, as well as any other information of any kind prepared by Contractor in connection with the performance of its Service under this Agreement Contractor shall be required to provide such document and other information with fifteen(15) days of the request. C7 2. Delivery of Notices. All notices permitted or required under this Agreeme r shall be • deemed made when delivered to the applicable party's representative as provided in t'r,.s Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City: City of Azusa Attention: City Clerk 213 East Foothill Blvd. Azusa, Ca., 91702-1295 Contractor: Such notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U .S. Mail, first class postage prepaid and addressed to the party at its applicable address. 3. Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall he entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 4. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understanding or agreements. This Agreement may only be modified by a writing signed by both parties. 5. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 6. Time of Essence. Time is of the essence for each and every provision of this Agreement. 7. Non-discrimination by Contractor. Contractor represents and agrees that it does not and will not discriminate against any subcontractor, consultant, employee or applicant for employment because of race, religion, marital status, sex, national origin, any other classification protected under state or federal law, or with regard to qualified persons with disabilities. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion,transfers, recruitment, recruitment advertising, layofftermination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8. City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 9. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. C8 10. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 11. Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 12. Construction;References; Captions. Since the parties or their agents have participated full in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, day or period for performance shall be deemed calendar days and not work days. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not def.;, limit, augment or describe the scope, content or intent cf this Agreement. 13. Amendment;Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 14. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 15. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 16. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 17. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party. 18. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. C9 SECTION V SUBCONTRACTING Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. SECTION VI CONFLICTS OF INTEREST 1. City. No matter, officer, or employee of City, or its designees or agent, during his tenure or one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 2. Contractor. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. 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 contingent upon or resulting from the award of making of this Agreement, for breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. IN WITNESS WHEREOF, said parties have executed the Agreement on the date first hereinabove written. CITY OF AZUSA By: By: Name: Name: Title: Title: Attest: Attest: • By: By: City Clerk Title: Approved as to Form: By: Best Best &Krieger LLP City Attorney C10 EXHIBITS CONTRACT EXHIBIT "A" SPECIAL PROVISIONS IRRIGATION MAINTENANCE - PROJECT NO. PK 00-01 The Contractor shall be responsible for maintaining all automatic and non-automatic sprinkler system as outlined in the bid proposal and as indicated on the map enclosed and made a part of the following specifications. 1. WATERING: a. Continuous attention to watering of turf, shrubs and grounds. b. Contractor shall conform with the City of Azusa's Water Drought Ordinance, Division 6. Conservation Plan, Section 78-501 through 78-506 of the Azusa Municipal Code, WHICH IS INCORPORATED HEREIN BY REFERANCE. c. City reserves the right to instruct Contractor to turn off any or all controllers upon notification. Contractor may submit an invoice to the City for labor cost to turn system/s on and off d. The automatic irrigation system controllers shall be set to water during the hours of 9:00 p.m. and 7:00 a.m.. e. The automatic irrigation system shall be time set to prevent water fun-off on road surfaces and sidewalks. Interval watering schedule may be required. f. Contractor shall make adjustments to sprinkler heads as required to keep over spray from sprinklers away walls, walks and streets. g. Contractor shall submit the name/s and position of employee who the City shall contact for inquiries relating to the aforementioned. h. Contractor shall submit the pager number or cellular phone number of the employee relating to the aforementioned. i. Bi-weekly inspections of the irrigation system shall consist of manually activating a quarter of the contract locations every other week. 2. IRRIGATION REPAIRS: a. Contractor shall be responsible for cleaning, repairs, adjustments, and replacement of all sprinkler system components required to insure operation of each sprinkler system according to original design and installation intent. CA-1 b. The Contractor shall be responsible for replacement of plastic pipe (Schedule 40, Type I, Grade 2), plastic pipe fittings (Schedule 40) except nipples which shall be Schedule 80. c. The City's irrigation systems varies by brand names and manufacturers. Replacement of sprinkler shall be replaced with same brand removed, unless approval is given to replace with a higher quality replacement. d. Expert knowledge on automatic systems by both 120V and battery, drip system, backflow certification and trouble shooting by Contractor will have bearing on the most responsible bidder. Certificates, training and degrees may be requested by City from Contractor. e. Contractor shall submit the name and position along with the pager number or cellular phone number of employee who the City shall contact for inquiries and emergencies relating to irrigation repairs. f. Contractor shall provide four (4) hour response time to irrigation repairs Monday through Friday from the hours of 6:30 a.m. to 5:00 p.m.. 3. IRRIGATION REPAIR INVOICING & REIMBURSEMENT: a. Contractor shall be responsible for furnishing the risers and sprinklers that require replacement without compensation from the City. b. Contractor shall submit a monthly list of sprinklers replaced and areas where replacement took place. Monthly submittals shall also include type of sprinkler, cost of sprinkler(by Contractor with 15% sur-charge) and labor cost. Based on information received,the City may consider compensation of replacement in year two (2) of contract. c. The City shall reimburse the Contractor for replacement of all other irrigation components i.e. gate valves, control valves, valve boxes, quick couplers, backflow devices, anti-vandal cages, controllers and battery replacements. d. Contractor is required and responsible for the ordering and purchasing of irrigation parts. A monthly invoice shall be submitted to the City for reimbursement. e. Contractor shall submit a separate invoice from that of landscape maintenance for irrigation repairs(labor and parts). Invoice shall include date of repairs area of work performed, itemized part replacement and cost of parts. f. Contractor shall submit copy of invoice if repairs to irrigation components were performed by outside vendor( other than City or Contractor), for reimbursement. g. Contractor shall submit on bid summary the hourly rate for irrigation repairs. CA-2 h. Contractor may include a 15% sur-charge on irrigation parts to invoice and a 10% sur- charge on labor for irrigation repairs. 4. MISCELLANEOUS IRRIGATION REPAIR REQUIREMENTS: a. Contractor shall have all holes covered in a safe manner at all times while unattended. b. City reserves the right to solicit irrigation repair and authorize repairs. c. Contractor shall furnish all barricades and or delineation surrounding or related to repair areas. d. Contractor shall be required to place grass seed over backfilled area of repair site. 5. MISC.: a. Contractor shall be responsible for furnishing employees with uniform shirts, to include name of employee and company name. b. All contract employees shall wear orange vest or shirts within right-of-ways. c. Tank tops or vest without shirt is not permissible. d. Contractor shall have the company name with phone number on trucks. e. Contractor shall place a visible placard on trucks to indicate"Under Contract with City of Azusa. f. All equipment shall be free of graffiti at all times. 6. INSPECTIONS: a. Contractor shall accompany City personnel on bi-monthly landscape and irrigation inspections. b. Inspection shall be recorded on the City provided"Landscape&Irrigation Maintenance Inspection Report" form. c. Satisfactory findings on the above noted form, shall have bearing on performance regarding City approved C.P.I.. CA-3 2. LANDSCAPE MAINTENANCE - PROJECT NO. PK 00-01 The Contractor shall be responsible for the maintaining the landscape areas as outlined in the bid proposal and as indicated on the map enclosed and made a part of these specifications. 1. WORK INCLUDED: a. Weekly policing and disposal of litter and plant debris from all landscape area to include parking lots and cobble areas. b. Weekly mowing, edging, weeding and shrub trimming. c. Yearly renovating, scalping, overseeding, topdressing and fertilization of front area of City Hall and side panels. d. Weekly sweeping or blowing of all hardscape areas to include concrete, asphalt, walkways and cobblestones. e. Weekly raking and soil cultivating within planter areas. f. Tree trimming, tree removal, tree planting and staking maintenance as required or directed by the City. g. Bi-monthly inspections of landscape and irrigation maintenance as per City specifications. h. Fertilization, weed control and pesticide spraying. i. Environmental regulations and issues. j. Planting shrubs and flowers according to season. k. Vehicle, equipment and personnel appearance. 1. Customer service and public contact. 2. MOWING: a. Mowing shall be accomplished with a power-driven rotary or reel mower with a grass catcher attached to remove grass clippings. b. Mowing shall be accomplished in alternating pattern of directions every other mowing. City recommends north and south, then diagonal(45 degrees) to east/west, then east to west and diagonal(45 degrees) to north/south. CA-4 c. Turf shall be mowed to the minimum height of 2.0' or higher during fall and winter months. No lower than 1.0" during late spring and summer month. d Turf shall be mowed at such intervals of time so that not more than 1/3 of the grass blade is removed at time of cutting. Mowing shall consist of no less than per week. e. All mowing equipment shall be maintained mechanically and safety features shall be in operation condition. The City may require Contractor to cease mowing operation should the City feel that mowing equipment is unsafe or excess smoke is environmentally harmful. 3. EDGING: a Edging shall be performed concurrently with every mowing. b. The sprinkler head wells shall be kept free of grass to a minimum of six(6) inches in all directions from the sprinkler head. This shall be preformed by mechanical methods only. c. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. 4. HARDSCAPES: a. All hardscaping areas i.e. deco-concrete, asphalt, walkways and cobblestone area shall be blown clean once per week in conjunction with mowing and edging. b. Debris from blowing shall be gathered and disposed of in a proper manner. c. Policing, litter, debris, trash and or dumping's shall consist of object/s not associated with irrigation system or attached vegetation growing from the earth. d. Contractor shall include cleaning of discarded or illegal dumping within City owned trash enclosures. 5. PLANTERS AND BEDDING AREAS: a. All planters and flower beds are to be weeded on a weekly basis. b. All planters and flower beds are to have soil cultivated no less than one (1) inch in depth on a weekly basis. c. All shrubs (hedges) shall be consistently trimmed to maintain existing shape. CA-5 d. Vines or traveling plants shall be trimmed to a confined growth and from expanding into unwanted areas. For example, fig ivy from growing onto wood facia boards or windows. e. All trimmings shall be raked and disposed of in a proper manner. 6. PLANTING'S: a. Contractor shall be responsible for planting all plants, shrubs, flowers and trees within contract area. b. Contractor shall be reimbursed for material and labor. c. City shall notify Contractor as to planting species or approve recommendation by Contractor. d. Contractor shall submit a monthly invoice for reimbursement to include, copy of invoices for material, labor cost, area and date of work performed. e. Contractor may be responsible for purchasing and/or ordering all materials. Contractor may submit a 15 surcharge for material only if the Contractor purchases material and 10% for labor. f. Contractor shall include an rate for planting plants, shrubs and flowers separate from the cost of any plant material. g. Contractor shall be responsible for plant replacement within sis months of planting. 7. TREES: a. Contractor shall have the knowledge, expertise and responsibility to trim, remove and plant trees within contract areas. b. Contractor shall trim all trees with contract area that are within 15 ft. in height and 6" in diameter at base, once per year without compensation. c. All trees over the aforementioned specifications shall be trimmed upon City request. d. Contractor shall submit within bid summary an hourly rate for a two man crew with boom/aerial truck and chipper. e. Contractor may dispose of green waste at City Yard in designated green area. CA-6 f. Contractor shall indicate tree sub-contractor by name, address, phone number, ense and references. g. All roadway delineation shall be furnished by Contractor. Roadway delineation ,hall comply with the Caltrans standards. h. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING STAKED TREES WITHOUT ADDITIONAL COMPENSATION. 8. FERTILIZATION: • a. Contractor shall be responsible for fertilizing all turf within contract area every FEBRUARY,JUNE, AND OCTOBER, by granular or chemical spray. b. Contractor shall possess a valid Applicator's Certificate and have on file with the City. c. Contractor shall indicate chemical spraying sub-contractor by name, address and phone number. d. Fertilization shall be of a 16-6-8 formula with 18% sulfur and 1% iron. e. Fertilization shall consist of pest and broadleaf control, as deemed necessary by the City. f. Ground cover areas shall be fertilized the first week of April and the first week of September with a pelletized 12-12-6 formula containing no less than 18% sulfur. g. Shrub fertilisation shall be applied the first weeks of April and September with a pelletized 17-17-14 formula fertilizer. PESTICIDE APPLICATION: a. The Contractor, or member of his Staff, must possess a current California Pest Control License or an Applicator Certificate. A copy of which shall be on file with the City. b. Flower beds and shrubs areas shall be treated by solid materials to prevent pest, i.e. snails, slugs, etc. at any time during the contract period as deemed necessary by the City without compensation. c. Turf areas shall be treated with an granular or liquid type herbicide to control weeds i.e. clover, plantain, etc. and shall be applied when fertilization is be applied as part of the program without further compensation. Any added herbicide application as deemed necessary by the City over and above the three (3) application shall be compensated to the Contractor by the City. CA-7 10. ANNUAL FLOWER PLANTING: • a. City may direct Contractor to remove and replant annual flowers within designated areas. Planting may consist 2-3 times per year. b. Annual flowers shall be purchased by the City form a designated vendor. c. City shall be responsible for paying invoice form designated vendor and planting by Contractor shall be compensated at Contractors submitted hourly labor cost. Contractor may submit 10% labor cost sur-charge. d. Contractor shall be responsible for making sure that all annual planting is done correctly so that plants take hold. Any replacement of plant that are lost due to improper planting or not taken care of properly shall be replaced at Contractor expense. 11. RENOVATION OF TURF AREA: a. Turf areas in front and the side of City Hall Complex shall be scalped or dethatch, overseeded, fertilized and topdressed at least once a year. This shall occur starting on the third week of October and shall be overseeded with a mix of annual and perennial rye seed and in the last week of February or the first of March front area shall be overseeded with a improved bermudagrass seed(brands or type to be determined by the City). b. All other turf area within the contract shall be overseed�d with fescue type grass seed (City to determine type and brand). 12. ENVIRONMENTAL CONCERNS: a. Gas power equipment shall comply with the Air Resource Board approved amendment on July 28, 1994, regulated in Title 13, California Code of Regulations, Section 2400 to 2407 Exhibit B. b. Contractor shall submit an inventory list of all equipment to be used within City of Azusa landscape and irrigation maintenance contract. c. Equipment shall be maintained to prevent excess smoke into the air. 13. MISC.: a. Contractor shall be responsible for furnishing employees with uniform shirts, to include name of employee and company name. b. All contract employees shall wear orange vest or shirts within right-of-ways. c. Tank tops or vest without shirt is not permissible. d. Contractor shall have the company name with phone number on truck CA-8 e. Contractor shall place a visible placard on trucks to indicate "Under Cc Tract with City of Azusa." f. All equipment shall be free of graffiti at all times. 14. ANNUAL PAYMENT INCREASES: a. After evaluation, review, and negotiation, the City may compensate the Contractor with an annual contract price increase based on the February Consumer Price Index (C.P.I.) for the Los Angeles, Long Beach area. This is not an automatic increase. It must be approved and warranted. b. Increase in annual compensation shall be based upon quality of workmanship and performance. 15. INSPECTIONS: a. Contractor shall accompany City personnel on bi-monthly landscape and irrigation inspections. b. Inspections shall be recorded on the City provided "Landscape & Irrigation Maintenance Inspection Report" form. c. Satisfactory findings on the above noted form, shall have bearing on performance regarding City approved C.P.L. 16. PREVAILING WAGES: a. Contractor shall be responsible for submittal of prevailing wage documentation upon request by the City. 17. CONTRACT ADDITIONS: a. City reserves the right to solicit and award proposals for additional contract areas. New additional areas are not a guarantee to the Contractor. b. Irrigation repairs or extras beyond the specifications are subject to alternate quotations. CA-9 L h 1 L 3. LANDSCAPE & IRRIGATION MAINTENANCE INSPECTION REPORT AREA# WEEKLY ACTIVITIES: SATISFACTORY YES NO Policing and litter control Mowing and edging Pruning Weed control Sweeping of hardscape Planter raking Annual flower and shrub soil cultivation Rodent control MONTHLY ACTIVITIES: Tree supports -- Horticultural pest & disease control Sprinkler well trimming BI-ANNUAL: Staked tree trimming Ground cover fertilization April September Shrub area Fertilization April September TRI-ANNUAL: Fertilization February June October Weed control spraying February June October City Comments: City Representative: Contractor Comments: Contractor Representative CA-10