Loading...
3421 CLOSED3421 LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND TRUGREEN LANDCARE THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 20th day of December, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and TRUGREEN LANDCARE, a California General Partnership Corporation ( "CONTRACTOR "). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a MONTHLY basis an amount set forth in the attached Exhibit "A," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from JANUARY 1, 2005, to DECEMBER 31, 2008. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, as specified in 8 California Code of Regulations § 16000 and set forth in DIR Decision Nos. 99 -028 and 2000 -091, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to Page 1 of 7 342- 7 interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at I?itn:' %`��- V� dig goy ()1 R `P` 'I). CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code § § 1777.5 and 1777.6 in the employment of apprentices. Page 2 of 7 vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Commercial general liability: Business automobile liability Workers compensation $1,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of Page 3 of 7 34 2 ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. Page 4 of 7 B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of El Segundo City Clerk Attn. Recreation & Parks Director 350 Main Street, Room 5 El Segundo, CA 90245 -3813 Page 5 of 7 To CONTRACTOR: TruGreen LandCare Attn. David G. Evans, Branch Manager 1323 West 130th Street Gardena, CA 90247 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. Page 6 of 7 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting Landscape maintenance. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO ATTEST: Cindy Mortesen, City Clerk APPROVED MARK D. H am t City Attorney NA Taxpayer ID No. 96 - -/ 31y31C? Page 7 of 7 3 4 IEXNIBITS R,45 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 RFP Data RFP Number: # 04 -09 Commodity Title: Landscape Maintenance Services Issue Date: October 12, 2004 RFP Omnin Day / Date: Tuesday, November 9, 2004 Time: 11:00 A.M. Location: City Clerk's Office 350 Main Street El Segundo, CA 90245 -3895 Directions: Park on the north side of City Hall on Holly Street. Enter City Hall through the double glass doors. Proceed down the hall to Room 5, the first office on the right -hand side. RFP Contents 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 General Specifications Area Assignments Change Orders Change in minimum number of weekly routine hours Contract Administrators Obligations, Workmanship, Supervision and Damage Irrigation System Fertilization Schedule and Rates 9.0 Pruning 10.0 Roses and Annual Bedding Plants 11.0 Aeration and Thatch Removal 12.0 Mowing and Edging 13.0 Mowing and Edging Only 14.0 Disease and Pest Control 15.0 Replacement of Plant Materials 16.0 General Maintenance, Inspection and Litter Control 17.0 Runoff Mitigation Controls 18.0 Additional Work 19.0 Contract and Cancellation Clause 20.0 Area of Work and Responsibility 21.0 Contract Pricing and Adjustments 22.0 RFP Proposal Sheet 23.0 Vendor Questionnaire 24.0 City of El Segundo Maintenance Agreement (Contract) The Office of the City Clerk must receive sealed written Responses no later than the date, time and location indicated above for the Bid Opening. Submittal of Response by fax is not acceptable. Note: This RFP does not constitute an order for the goods or services specified. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER ,s CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Admiinistra venServc es Departmention Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 Notice is hereby given that sealed Proposals will be received in the Office of the City Clerk, City Hall, 350 Main St., El Segundo, California, 90245 until 11:00 a.m. Tuesday, November 9, 2004. All bids will be opened at that time. All bids must be sealed and clearly marked "Landscape Maintenance Services RFP # 04-09." A mandatory Pre -bid Conference/Walk- Through will be held where each bidder will have the opportunity to resolve questions regarding the specifications. The Pre -bid Conference/Walk- through will be held at 8:00 a.m., Tuesday, October 19, 2004 at the City Yard, 150 Illinois Street, El Segundo. All locations included in this bid will be inspected. Please allow a minimum of three (3) hours for this Pre -bid Conference/Walk- Through. All items are to be in accordance with the attached specifications. Instructions to Bidders Definitions - The following meanings are attached to the following defined words when used in these specifications and the contact: The word "City" means the City of El Segundo, California. The word "Bidder" "Vendor," or "Contractor" means the person, firm, or corporation submitting a bid on these specifications or any part thereof. Filing Date: All bids must be received at or before the time indicated above. Copies of all forms, specifications, and exhibits are available in the Business Services Division of the City of El Segundo, 350 Main Street, El Segundo, CA 90245 -2895, (310) 524 -2339. Reservations: The City Council reserves the right to reject any and all bids received, to take all bids under advisement for up to 90 days after opening, to waive any informality in any bid, and to be the sole judges of the relative merits of the material mentioned in the respective bids received. The council also reserves the right to reject any item(s), award more than one contract for each of the items, and reject bids that are not accompanied by the requested information. Bidders are hereby notified that the successful bidder must be properly licensed to do business in the City of El Segundo before commencing the work under the contract awarded hereunder, if required by the contract. Bid Form: The proposal must be: 1) made on the forms provided, 2) submitted in (4) four sets, clearly early marked "RFP 04 -09 for Landscape Maintenance Services," showing the RFP number and addressed to the City Clerk, City of El Segundo, 350 Main Street, El Segundo, California, 90245. No telephone bids will be accepted. If an individual makes the bid, said bid must be signed by that individual, with the full name and address provided. If bid is made by a partnership, said bid must be signed by a partner, with the full name and address of each partner provided. If bid is made by a corporation, said bid must be signed by the proper officer in the corporate name with the corporate seal attached to each signature. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 2 Risk Management OPurchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 All blank spaces in the Proposal must be properly completed. Proposal shall be in ink or typewritten. The phraseology of the bid must not be altered in any way. Unless otherwise stated, bids will be received on one or more, or all items. Bidders are invited to be present at the time the bids are opened. Bidders must specifically quote on UNITS as shown on the proposal sheet. In the case of error in extension of prices, the unit price will govern. Proposals are subject to acceptance by the City for a period of three months, unless a different period is prescribed in the Proposal by the bidder. Contract: The Bidder to whom the award is made will be required to enter into a written contract with the City. The contract may be in the form of a purchase order. A copy of the Invitation to Bid, the vendor Proposal, and the contract specifications will be attached to, and form part of the contract. All materials, supplies, equipment, and services supplied by the vendor shall conform to the applicable requirements of State and Federal laws governing labor and wages, as well as conforming to the specifications herein. In case of default by the vendor, the City reserves the right to procure the articles from other sources and to hold the vendor responsible for any excess costs incurred by the City. Before commencing work, the Bidder to whom the contract is awarded is required to obtain a City business license to do business in the City of El Segundo. Payments: Payments on the contract will be made approximately 30 days from the completion and acceptance of the service, unless alternate terms are proposed and accepted by the City. The City may consider prompt payment discounts when calculating the lowest bid if the end result benefits the City. Taxes: The City of El Segundo is exempt from paying Federal excise taxes. These taxes are not to be included. Errors/ Omissions: The vendor shall not be allowed to take advantage of any errors and /or omissions in these specifications or in the vendor's specifications submitted with the Proposal. Full instructions will be given if such errors /omissions are discovered and vendor agrees to abide by said instructions. Force Majeure: The vendor will be excused from the performance of the contract, in whole or in part, only by reason of the following causes: a. When such performance is prevented by operation of law. b. When such performance is prevented by an irresistible superhuman cause. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 3 3421 - . . CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Admiinisttrat venServc es Departmment on Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 c. When such performance is prevented by an act of the public enemies of the United States of America, or the State of California, or by strike, mob violence, fire, delay in transportation beyond the control of the vendor, or unavoidable casualty. d. When such performance is prevented by the inability of the vendor to secure necessary materials, supplies, or equipment by reason of: 1. Appropriation of use thereof by the Federal Government, or 2. Regulations imposed by the Federal Government. No other Force Majeure causes or conditions may be inserted in this bid, and any changes in the conditions stated herein will cause the bid to be rejected. Default: a. If the vendor fails in any manner to fully perform and carry out each and all of the terms, covenants, and conditions of the award, then the vendor is in default of the contract. The vendor shall be notified in writing of the default status, and will be given a time frame in which to comply. If the vendor fails to comply within said time frame, the City, at its option, may terminate or cancel the contract, and, at the expense of the contractor, complete the contract with an alternate contractor. b. Such termination shall not affect or terminate any of the rights of the City against the vendor, which may thereafter accrue because of such default. The foregoing provision shall be in addition to all other rights and remedies available to the City under law. c. The waiver of a breach of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. References: Please provide at least three or more references, including contact name and phone number, that you have current contracts with, preferably firms in the South Bay area. Bidders' List: Failure to submit a bid, including a "No Bid" response, may cause the Bidder's name to be removed from the City's Bidders' File. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 4 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 RFP schedule of important events and dates: RFP mailing Mandatory Pre Bid Conf./Walkthrough Deadline for questions Response to go out for questions RFP opening RFP evaluations, reference checks, etc. City Council Approval Contract execution /begin services Tuesday, October 12, 2004 Tuesday, October 19, 2004 @ 8:00 am — 11:00 am Tuesday, October 26, 2004 @ 4:00 pm Monday, November 1, 2004 Tuesday, November 9, 2004 @ 11:00 am Tuesday, November 23, 2004 Tuesday, December 7, 2004 Monday, January 3, 2005 J. Richard Hogate, Risk Manager /Purchasing Agent The Risk Manager /Purchasing Agent can be reached @ (310) 524 -2339, E -mail: rhogateC>a.elsegundo.org or Fax 310 - 322 -2756. The City of El Segundo (City Hall) is located at 350 Main Street, El Segundo, CA 90245. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 5 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Ad nist at ve Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 SPECIFICATIONS GENERAL 1.1 Statement of Work The contractor shall provide a work force of company skilled landscape maintenance personnel, materials, tools, equipment, and transportation to perform landscape maintenance services at public properties under the jurisdiction of the City of El Segundo's Recreation & Parks Department. The Contractor shall be responsible for supplying all supplies and equipment, which are required in connection with the services to be performed under contract. All materials are subject to the approval of the City's Recreation & Parks Director. 1.2 Contract Time The contract shall be for a three -year period with an option for one three -year additional term, for a maximum total contract length of six years, effective upon receipt of a signed purchase order from the City each fiscal year. The City upon thirty- (30) days' written notice may cancel the contract. The contractor may cancel the contract with the City upon one hundred twenty - (120) days' written notice. 1.3 Compensation The City may, not more frequently than once per year authorize an adjustment in contractor's compensation by application of the following formula and procedure to the then current compensation: Effective (commencement date of initial contract) on subsequent anniversary dates during the term of this agreement, Contractor shall be entitled to compensation adjustment based upon the increase in Consumer Price Index, All items, 1982 -84 =100 (Los Angeles- Anaheim - Riverside) form the base month (commencing June 2005) to the following year's comparison month (June 2006, June 2007). Provided, however, that Contractor and City agree that any increase shall be limited to no more than a total of five (5 %) for the schedule increase in compensation effective (anniversary date of contract) 2005 and (anniversary date) 2006. 1.4 Financial Statement The bidder shall provide a balance sheet for the last operating year, plus additional information updating this statement. 1.5 Additions /Deletions The City reserves the right to add or delete properties at any time during the life of the contract or resulting extensions, with ten (10) days' written notice to the contractor. Additions shall be added at the contract rate for comparable properties under contract. If there are no comparable properties, the price shall be negotiated by the City with the RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 6 S 4 &` ` Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 contractor. If the request for additional work begins during a billing cycle, the payment shall be prorated for the month in which work commenced. 1.6 Hourly Rate /Certified Payroll The bid document must reflect all charges for labor, materials, tools, transportation and must include overhead and profit. A breakdown of hourly rates for landscape maintenance personnel or supervisor(s) is not required. 1.7 Progress Payments a. The contractor will be paid only for each location maintained as verified by the City. b. The contractor is required to perform scheduled maintenance operations specified in the contract document. Failure on the part of the contractor to perform any such maintenance operations will result in the progress payment deductions equivalent to the product resulting from the multiplication of the units (or subunits) by property site quoted by the contractor times the number of working days of failed performance. c. The City's contract administrators will notify the contractor's crew supervisor of failure to perform any required operation. This notification will be in writing and will indicate the operation not performed, along with the location, time, dates, property site, square footage, and amount to be deducted from the upcoming progress payment. d. All progress payments will be for work performed as adjusted to reflect deductions for failure to perform as specified. 1.8 Landscape Crew Personnel - Rejection /Replacement The City reserves the right to reject any landscape crew personnel or supervisor of the contractor's work force. It shall be the contractor's responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document. 1.9 Work Force /Schedule /Shift/Manpower a. The work force shall consist of company skilled landscape maintenance personnel and include any subcontractors. The contractor's crew(s) shall be under the supervision of a contractor - designated Landscape Maintenance Leadworker. The designated Leadworker shall have the ability to communicate with City staff in English. In the event of the absence of the regular Leadworker, it will be the responsibility of the contractor to designate an acting Leadworker to oversee the crew while performing the maintenance operations specified by the contract. The contractor must notify the City of any such designation before the beginning of any shift by contacting the City's contract administrator at (310) 524 -2716 or cell (310) 863 -2875. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 7 3421 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administ at ve Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 b. The City reserves the right to change the work hours and shift schedule. The contractor shall be notified at least one (1) full week prior to such changes. c. The City will not recognize any holidays as paid holidays for the contractor employees. d. Identification of Vehicles All vehicles and equipment utilized in connection with the contract shall be visibly marked with company identification. e. All employees must be at least eighteen (18) years of age thoroughly trained and qualified in the work assigned to them. All employees must be able to follow directions. Employees must also be physically capable of the duties assigned to them, including lifting /moving heavy items, climbing ladders, etc. f. Contractor shall provide uniforms to the employees who are assigned to do the work on the contract, so that the contractor's employees may be easily identified. Uniforms shall bear the employee's name and the company's name and /or logo and shall present a professional appearance. g. Contractor(s) may not allow on City premises any person who is not an employee or principal with the company and currently on duty. 1.10 Landscape Maintenance Program -Level of Service a. The City shall regulate precisely the service level desired. b. The City shall have absolute control over landscape maintenance program direction and execution. 1.11 Labor Strike a. The contractor shall be responsible for its own labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees or any union representing such employees. Whenever the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the services, the contractor shall immediately give written notice thereof to the City. b. It shall be the contractor's responsibility to provide continuous maintenance services, without interruption, to all locations specified herein. In the event of a labor strike, the contractor shall provide other means, at contractor's cost, to provide continuous and comparable service. Failure to do so will cause the City to take whatever action is necessary to provide the service, with any cost above and beyond the contractor normal rates (which will be deducted from the contractor's progress payment) to the City being borne by the contractor. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 8 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 1.12 Subcontractor /Assignment of Contract The contractor shall not subcontract any portion of this contract or any additions made to the contract without first receiving approval from the City. All persons engaged in landscape maintenance work shall be considered employees of the contractor, with the supervisor being directly responsible for their work. The contract may not be assigned to another owner or entity without City approval. 1.13 Duties and Responsibilities a. The City's Recreation & Parks Director or its designated representative(s) will act as the contract administrator and will manage, coordinate, and administer the contract and verify, completion of all maintenance operations specified in the contract document. He /She will also provide written notice of failure to perform the contract and indicate the amount to be deducted from the forthcoming progress payment. b. The contractor's Leadworker /supervisor is responsible for the execution of the maintenance operations specified herein. He /She represents the contractor and is responsible for the supervision of the contractor's employees while they are performing the landscape maintenance service. 1.14 Quality of Work All work shall be performed in accordance with the best maintenance, safety practices and standards of cleanliness. The City shall inspect the work performed by the contractor and approve or reject the work and materials used. Failure on the part of the contractor to correct poor workmanship or substandard performance will result in the initiation of a written notice of failure to perform and /or cancellation of contract. 1.15 Scope It is the intent of the following scope of work to provide all maintenance services, materials, supplies, tools, and equipment and transportation necessary to maintain all portions of the property specified in the contract. It is understood and agreed that only the highest possible industry standards of landscape maintenance will be accepted and shall be consistently maintained. 1.16 Disclosure of Information a. The contractor agrees that it will not during or after the term of this contract disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, firm, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the contractor shall be used by it exclusively in connection with the performance of the services. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 9 3421 . CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administrative Services /Purchasing Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 b. The contractor shall not issue or release for publication any articles, advertising or publicity matters relating to the services performed by the contractor hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City. 1.17 Energy Conservation /Recycled Goods Usage The contractor shall comply with all energy conservation and recycling practices of the City. 1.18 Employee Food Service The contractor shall not be allowed to bring on to the City's property any food or beverage catering trucks, vending machines, or other serving facilities without prior written authorization from the contract administrator. 1.19 Key Control a. The contractor shall adequately secure the keys, other entry devices, and codes provided by the City. The contractor shall maintain a record of the key numbers issued to its employees. b. The contractor shall not duplicate and shall not allow such items to be duplicated or removed from the site of the services. c. The contractor shall immediately report any such item, which becomes lost, missing, broken, or stolen to the contract administrator. Should the contractor lose or have stolen any keys issued to the contractor by the City, the cost of changing locks, keys, or other devices will be deducted from the contractor's invoice to the City for work performed under this contract. c. The contractor shall physically present all keys and other entry devices for verification upon request of the contract administrators. 2. AREA ASSIGNMENTS 2.1 The contractor shall assign to each location the employees necessary to complete all services detailed in sections 7 through 21 for Recreation & Parks of these specifications. 2.2 Each employee shall be in their assigned area or station, properly equipped, uniformed and ready to begin work at the beginning of the work shift and will remain in their work area during the entire work shift except for the break periods described below. 2.3 All employees of the contractor performing the services shall be paid by the contractor and take, for each four hours worked, a break period of fifteen (15) minutes from the time of discontinuing performance of the services until the time of resuming performance of the services. Such break times will take place at times scheduled by the contractor and approved by the contract administrator. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 1 0 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 3. CHANGE ORDERS 3.1 The City may, on occasion, without invalidating the contract, modify the contract by adding, deleting or changing areas to the contract; by adding, deleting or changing usage or space; by adding, deleting or changing routine services; by deleting or changing specifications. All such changes shall be ordered by means of a written change order. The City and the contractor shall agree upon any changes in the compensation to the contractor resulting from such change orders. 4. CHANGE IN MINIMUM NUMBER OF WEEKLY ROUTINE SERVICE HOURS 4.1 The contract administrator shall have the right to increase or decrease the required minimum number of weekly routine service hours by providing written notification to the contractor. 4.2 No change shall be made in fixed charges for overhead due to any increase or decrease in the minimum number of weekly hours required for routine services. 5. CONTRACT ADMINISTRATORS 5.1 The City shall designate the Recreation & Parks Director or their designee as contract administrator who shall act on behalf of the City with respect to all aspects of this contract. 5.2 The administration of this contract is vested wholly in the contract administrator. The contract administrator shall have complete authority to require the contractor to comply with all provisions of this contract. The contractor shall strictly and promptly follow the instructions of the contract administrator in every case. The contract administrator's decision upon all questions, claims, and disputes will be final and conclusive upon the parties of the contract. The contract administrator shall exercise any discretionary authority in a reasonable manner. 5.3 The contractor shall provide the contract administrator free and easy access to inspect and measure the manner and progress of the services at all times and to inspect the types and quantities of tools, equipment, chemicals, supplies and all other materials used in the performance of the services. It is agreed that such inspection and measurement is not for the purpose of controlling or directing the services or employees of the contractor, but to assure that all services meet the requirements of the contract. 5.4 The contract administrator shall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, chemicals, supplies, and all other materials and methods and procedures used in the performance of the services with regard to the requirements included herein. The contract administrators shall decide all questions which may arise as to the interpretation of the contract documents relative to the services and the fulfillment of the contract on the part of the contractor. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 11 s421 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administ at ve Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 5.5 The contract administrator will determine the amount and quality of the several kinds of services performed and material furnished which are to be paid for under this contract. 5.6 The contract administrator shall have the authority to require the contractor to make temporary changes in the assignment of routine services, tasks and task frequencies if such changes do not affect the unit prices. Such temporary changes shall not affect the amount of payment to the contractor. 6.0 OBLIGATIONS WORKMANSHIP SUPERVISION AND DAMAGE 6.1 Contractors must provide and /or currently possess the following prior to submitting bid Proposal: Contractors' State License, 24 -hour answering service, central office /yard, two -way radio or cell phone communication and excellent references from completing extensive work on similar type projects. Including at least three years' experience in park and median landscape maintenance. 6.2 All contractors' maintenance workers must wear company uniform. Uniforms (including orange shirts) must clearly identify the company's name. Exception: All employees working on median strips must wear 0.S.H.A.-approved vests with Scotchlite reflective striping. 6.3 The contractor shall give his personal supervision to the work or have a competent supervisor on the job site at all times during progress of the work, with authority to act for him, be responsible for adherence to specifications and be available for consultation with the City's representative. 6.4 All work shall meet with the approval of the City of El Segundo Recreation & Parks Department. There shall be a weekly written report of completion of work at each site, submitted to the City representative at the end of each week. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the contractor; and if not corrected, payments to the contractor will not be made or will be prorated until condition is corrected in a satisfactory manner as set forth in the specifications. The contractor will not receive payment when work is not performed. 6.5 The contractor shall provide a work force, vehicles and equipment sufficient to complete the work as it is specified. 6.6 The contractor shall provide proper traffic control at all times while working on public right of ways as prescribed in the WATCH handbook (Work Area Traffic Control Handbook) latest edition and as approved by the Director of Public Works. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 12 Lj Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 6.7 The contractor will report without delay and damage to City equipment or property and shall be held responsible for the replacement of any said damage caused by his act hereunder. 6.8 Plant materials that are destroyed by vandalism, private construction or by City forces shall be the responsibility of the City of El Segundo. 6.9 All workmanship and craftsmanship must be of high quality and meet with the approval of the representatives assigned by the City of El Segundo. 7.0 IRRIGATION SYSTEM 7.1 The Park Superintendent or their designee is responsible for programming the automatic irrigation controllers. The contractor is responsible for turning controllers off during periods of rain. 7.2 The City of El Segundo shall repair all automatic controller clocks when they malfunction, and pay for all necessary irrigation materials, excluding tools. 7.3 The contractor shall repair any damaged sprinkler heads and risers resulting from routine wear, defective parts, mower damage, etc, and shall routinely clean out sprinkler heads and lines to keep them in good operating condition at all times. 7.4 Repairs to the irrigation system pipes and valves resulting from normal wear, vandalism or damage by other means shall be the responsibility of the Contractor. 7.5 Irrigation water shall be carefully applied and in quantities required by the different plant species, time of the year, and other basic environmental factors. The effect of the watering program shall be checked once a week by the contractor. 7.6 Automatic irrigation shall take place at night or early morning hours only. 7.7 Sprinkler heads must be unobstructed from grass, soil or other matter that prohibits the proper water spray; proper herbicides may be used around heads to prohibit grass growth. 7.8 Where the installed sprinkler system does not cover or water an area adequately, the contractor shall provide his own sprinklers and hoses to adequately water the area. 7.9 Watering shall be controlled to avoid excessive drainage on sidewalks, streets and play areas, creating a hazard and wasted water. 7.10 All irrigation systems must be operationally checked a minimum of once a week. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 13 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Ad nist at ve Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 7.11 Any areas that have manual watering systems must be watered as needed to keep plant material in healthy condition. 7.12 If irrigation system is inoperative for whatever reason, the contractor MUST water the areas with manual sprinklers and hoses. 8.0 FERTILIZATION SCHEDULE AND RATES 8.1 A (21 -3 -5) fertilizer or equivalent with at least 50% nitrogen in the ammoniacal form. The application rate is one pound of actual nitrogen per 1,000 square feet. 8.2 APPLICATION SCHEDULE a. The following areas are fertilized in March, May, September and November. - HILLTOP PARK - LIBRARY PARK - SYCAMORE PARK - CANDY CANE PARK b. The following areas are fertilized one time per year. - WASHINGTON PARK - CONSTITUTION PARK - IMPERIAL PARKWAY (includes Dog Park) - FREEDOM PARK - INDEPENDENCE PARK c. The following areas are fertilized three times per year in April, June and September. EL SEGUNDO MEDIAN ROSECRANS MEDIAN HUGHES WAY d. Fertilizer shall be applied uniformly by a commercial spreader and watered into the soil immediately after application. e. Contact the Park Maintenance Division prior to fertilizing. 9.0 PRUNING 9.1 The contractor shall be responsible for pruning of all plant material including shrubs and trees from ground level. 9.2 Pruning shall be done according to the natural growth of each individual plant to maintain proper plant health by cutting out dead, diseased or injured wood; to control growth when an unshapely shrub or tree might result; and to increase the quality of flowers. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 14 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 9.3 Ground covers are edged as needed to prevent growth from interfering with other plant material and from growing over curbs and sidewalks. 9.4 Trim, shape and prune trees to maintain a safe, reasonable appearance. Public safety shall be a prime consideration in trimming trees. 9.5 Oleanders and other shrubs and trees shall be kept trimmed as necessary to keep all City signs clearly visible by traffic at all times 10.0 ROSES AND ANNUAL BEDDING PLANTS 10.1 ROSES AT LIBRARY PARK a. Prune roses in early February to promote 3 strong canes. Cut these above the third or fourth bud. b. Remove spent flowers and sucker growth. c. Fertilize with a (10 -6 -4) fertilizer in February and May. 10.2 BEDDING PLANTS AT IMPERIAL HIGHWAY AND MAIN STREET a. Plant and change annual bedding plants in both islands in October, March and July. b. Annual bedding plants can be planted from flats. c. Fertilize and irrigate to obtain maximum performance d. Area must be kept weed free. 11.0 AERATION AND THATCH REMOVAL 11.1 The contractor shall be responsible for turf aeration and thatch removal once a year, occurring between the months of March and May. 11.2 Soil aeration shall be done with a power- driven or tractor - pulled aerafier, using 1/2" tines, removing 2" cores of soil. 11.3 Thatch removal of warm season turf shall be performed with a power- driven verticutter or other slicing machine. 11.4 AERATION AREAS THATCH REMOVAL AREAS ACACIA PARK ACACIA PARK HILLTOP PARK KANSAS PARK KANSAS PARK EL SEGUNDO MEDIAN LIBRARY PARK ROSECRANS MEDIAN RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 15 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administrative Services Division Landscape Maintenance Services, RFP No. #04 -09 s Department J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 AERATION AREAS cont. SYCAMORE PARK WASHINGTON PARK CONSTITUTION PARK CANDY CANE PARK EL SEGUNDO MEDIAN ROSECRANS MEDIAN HUGHES WAY MEDIAN FREEDOM PARK INDEPENDENCE PARK THATCH REMOVAL AREAS cont. HUGHES WAY LIBRARY PARK 12.0 MOWING AND EDGING 12.1 Grass clippings from mowers are left on the turfgrass and not collected. All rotary mowers must be mulching mowers. Trim around trees, sprinkler heads, planters, mowing strips, walkways and fences. Tree trunks are not to be struck by mowers, string trimmers, weed eaters, or other equipment. 12.2 MOW TO THE FOLLOWING HEIGHTS: Hybrid Bermuda 1/4" to 5/8" Common Bermuda 3/4" to 1" Kikuygrass 3/4" to 1" Hybrid fescue 1 Y2 to 2 % " Perennial rye 1 % " to 2 Y2 " 12.3 All Athletic Fields must be mowed with reel type mowers. 12.4 Mowers shall be kept in proper adjustment. Mower blades must be kept sharp in order to obtain a clean, sharp cut and not damage the grass. Shredding or rough cutting of grass will not be permitted. 12.5 Mowing and edging must be accomplished Monday through Friday, between the hours of 7:00 a.m. and 3:00 p.m. 12.6 If holidays or weather conditions interfere with the regular mowing schedule, mowing and edging MUST be accomplished on the following day or as soon as conditions permit. 12.7 After mowing and edging, all trimmings and debris shall be swept, vacuumed, or blown off sidewalks and paved areas and disposed of. Blowing or sweeping of trimmings and debris into the street will not be permitted. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 16 Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 13.0 MOWING AND EDGING ONLY 13.1 In areas where only the mowing and edging are to be contracted, the contractor shall conform and abide by Section 12 of these specifications. 13.2 All mowing and edging at Recreation Park must be completed by Thursday between the hours of 6:30 a.m. and 2:00 p.m., unless directed otherwise by the Park Maintenance Superintendent or their designee. 13.3 MOWING AND EDGING FREQUENCY: All areas are mowed and edged weekly. The exception is every other week mowing and edging schedule between January 1 to February 15, for the following areas: Acacia Park Kansas Park Freedom Park Sycamore Park Washington Park Independence Park Constitution Park Imperial Parkway El Segundo Median Rosecrans Median Hughes Way Richmond School Field 14.0 DISEASE AND PEST CONTROL 14.1 The contractor shall be responsible for the control and eradication of all diseases and insects affecting all plant material. 14.2 Correct horticultural practices in methods of control shall be used; care must be taken in following label directions and in applications. 14.3 All safety regulations in handling and applying pesticides shall be adhered to, according to the regulations set forth by the State of California Department of Food and Agriculture. 14.4 The contractor with use of baits and /or traps shall properly control gophers, moles, field mice and other such rodent pests, whenever such rodents appear. 14.5 The contractor shall control plant diseases caused by bacteria, viruses, or fungi. 14.6 Control snails with the use of baits as needed to provide a healthy environment for plants and public. 14.7 All pesticides to be applied by a licensed applicator only. Contracting company must have all necessary licenses in order to apply pesticides. Prior to any pesticide application, submit a copy of a APest Control Recommendations to the Park Superintendent. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 17 3 4 2 ` CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administrative Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 15.0 REPLACEMENT OF PLANT MATERIALS 15.1 The contractor shall replace all plant material that has died because of lack of proper maintenance. This material includes turf, ground cover, shrubs and trees. 15.2 Any plant having had one -half or more of its foliage die back shall be considered dead; the Park Superintendent shall determine if a plant is dead, what plant replacement if any should be made, and shall notify the contractor of such. 16.0 GENERAL MAINTENANCE INSPECTION AND LITTER CONTROL 16.1 All trimmings, woodcuttings, trash, rubbish and debris shall be promptly removed and disposed by Contractor from the site during regular work schedule. All areas shall remain free of trash and debris. 16.2 Areas shall be policed and cleaned of debris and litter daily by the contractor. All hazards, potential hazards and damaged areas must be reported to the Park Superintendent immediately. 16.3 Trash receptacles provided by the City and located at various sites shall be emptied daily. 16.4 All lawns, ground cover areas, areas around shrubs and trees next to buildings, fences, benches, sidewalks, tot lots, playgrounds, sandboxes, curbs and gutters shall be kept free from weeds, litter, rocks, glass and debris. Sand in play areas shall be raked level on Monday, Wednesday, and Friday. Sand must be raked and moved under all playground equipment to provide a safe and soft landing in all fall zones. Sand shall be inspected daily for the purpose of eliminating any broken pieces of glass, nails and other harmful debris. City supplies supplemental sand where thinning occurs. 16.5 All cracks in sidewalks, curbs, street gutters and other areas shall be kept weeded. 16.6 Sidewalks and paved areas shall be swept and cleaned of any dirt or soil that might be washed from adjacent slope or planted areas. 16.7 Any eroded places shall be repaired by the replacement of topsoil to bring them back to original grade by the contractor. 17.0 RUNOFF MITIGATION CONTROLS 17.1 Runoff containing sediment, vegetation, construction waste, and other pollutants from landscape sites, public right of ways and parking areas shall be retained and controlled on site to the maximum extent practicable. 17.2 Any sediment or other materials, which are released from the site, shall be removed and properly disposed of the same day or as soon as practicable. Where determined RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 18 ;a, Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 necessary by the Director of Public Works or his or her designated representative, a temporary sediment barrier shall be installed. 17.3 Excavated soil shall be located on the site in a manner that minimizes the amount of sediment running into the street or adjoining properties. 17.4 Wash downs of trucks or other equipment is prohibited. 18.0 ADDITIONAL WORK 18.1 In the event that the City of El Segundo should require additional work beyond the demands of these specifications, the contractor shall perform all work at a competitive price. 18.2 The contractor must be willing to provide a competitive price for additional areas that may be developed and clearly demonstrate the ability to properly maintain the expanded project. 18.3 The contractor should be prepared to provide extra manpower, trucks and equipment upon request of City representatives. Contractor must have the ability to receive and respond to emergency situations and must respond to call -outs within ninety (90) minutes. 18.4 The City of El Segundo shall have the right to inspect all books and records pertaining to the contractor s charges to the City of El Segundo. 19.0 CONTRACT AND CANCELLATION CLAUSE 19.1 The contractor will be responsible to meet monthly with representatives from the Recreation & Parks Department as assigned. 19.2 This contract shall be subject to a thirty -day (30) cancellation in writing by the City of El Segundo or one hundred twenty -day (120) cancellation in writing by the contractor. 19.3 Each bidder in bidding shall state its California license number of such bidder, as no bid will be accepted from a contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors. Contractor must have valid California C -27 Contractor's License. 19.4 The City of El Segundo reserves the right to eliminate, at any time, contractual bid items which include landscaped area or areas. Annual elimination of items will not exceed more than 15% of the total annual contract payment per year. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 19 3421 • ` CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Administrative Services /Purchasing DepaDivision rtment Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 20.0 AREA OF WORK AND RESPONSIBILITY (Please see BID FORM sheet for area of work and responsibility). 21.0 CONTRACT PRICING AND ADJUSTMENTS 21.1 When due to weather, oversight or any other reason, a section(s) is not maintained as agreed to, the City will deduct the amount bid for this section(s) from the regular payment. For this reason the contractor is encouraged to be careful when quoting each section on the bid form. 21.2 The City reserves the right to reject any itemized bid in total if, in the opinion of the Director of Recreation & Parks, the price bid on any one or more individual section(s) appears to be in error, unreasonably out of line with the amount of work to be performed or may not be required. RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 20 1 i i Risk Management & /Purchasing Division CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 AREA OF WORK RESPONSIBILITY cont: GOLF COURSE PARKING LOT and FRONTAGE ALL AREAS SUBTOTAL WEEKLY ALL AREAS TOTAL MONTHY: GRAND TOTAL ANUALLY: WEEKLY 100.00 $ 3,045.00 $13,195.00 16-UM-IN AN UALLY $ 5,200.00 The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. CONTRACTOR'S STATE LICENSE NUMBER 774548 (B C61 /D49 C27) exrres 2/28/06 Bid submitted by (complete all blanks): Company Name: By (Print name & title): TruGreen LandCare David Company Street Address: 14 nature.* 1323 W. 130th Street 1 City, State, Zip: ate: Gardena, CA 90247 11/09/04 Phone: FAX: 310/719-ions 310/323 -4780 Email: Web site: david-evans@landcare.com N/A Terms: Delivery: N/A % N/A days, net 39 days N/A days ARO In order to fully evaluate service levels for each location against pricing quoted above, please provide in writing staffing levels for each site and total hours per day that you plan to provide each class of worker, i.e., crew and Leadworker /supervisor. RFP for Landscape Maintenance Services for Rec & Parks #0409 FINAL PRINTED ON RECYCLED PAPER 22 _ COPY Risk Management & /Purchasing Division CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Landscape Maintenance Services, RFP No. #04 -09 J. Richard Hogate, Risk Manager /Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 22.0 RFP PROPOSAL SHEET I, the undersigned, have read and understand the attached specifications for Landscape Maintenance Services. Further, I attended the Pre -bid Conference and Site Inspection, as required by the specification. If awarded the contract, I agree to perform the work in accordance with the terms and conditions of the bid. Bid Amounts: For landscape maintenance services, by location, as outlined in the specifications: AREA OF WORK RESPONSIBILITY WEEKLY ANUALLY FREEDOM PARK $ 235.00 $ 12,220.00 INDEPENDENCE PARK $ 85.00 $ 4,420.00 ACACIA PARK $ 85.00 $ 4,420.00 HILLTOP PARK $ 185.00 $ 9,620.00 KANSAS PARK $ 85.00 $ 4,420.00 LIBRARY PARK $ 260.00 $ 13,520.00 SYCAMORE PARK $ 85.00 $ 4,420.00 WASHINGTON PARK $ 235.00 $ 12,220.00 CONSTITUTION PARK $ 185.00 $ 91620.00 CANDY CANE PARK $ 45.00 $ 2,340.00 RICHMOND SCHOOL FIELD (mowing only) $ 55.00 $ 2,860.00 IMPERIAL STRIP (includes Dog Park) $' 385.00 $ 20, 020.00 EL SEGUNDO BLVD. MEDIAN STRIP $ 175.00 $ 9,100.00 HILLTOP RESERVOIR $ 35.00 $ 1,820.00 SEPULVEDA BLVD. MEDIAN STRIP $ 285.00 $ 14, 820.00 ROSECRANS BLVD. MEDIAN STRIP (East of Sepulveda Boulevard) $ 105.00 $ 5,460.00 HUGHES WAY $ 55.00 $_ 2.1860.00 RECREATION PARK (mowing and edging only) $ 365.00 $ 18, 980.00 RFP for Landscape Maintenance Services for Rec & Parks #04 -09 FINAL PRINTED ON RECYCLED PAPER 2