Document elcerrito_gov_doc_179a01eed1

AGENDA BILL Agenda Item No. 5(F) Date: August 19, 2014 To: El Cerrito City Council From: Garth Schultz, Operations + Environmental Services Division Manager Yvetteh Ortiz, Public Works Director/City Engineer Subject: Agreement with Rubicon Enterprises, Inc for Parks and Landscape Maintenance Services ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute an Agreement with Rubicon Enterprises, Inc. in an amount not to exceed $180,000 for park and landscape maintenance services, effective July 1, 2014 through June 30, 2015. BACKGROUND AND ANALYSIS In July 2004, after a formal public bidding process, the City of El Cerrito (the City) awarded an agreement for Maintenance Services (MSC No. PLS-04/05) to Rubicon Enterprises, Inc. (Rubicon), for an annual sum not to exceed $180,000. Of the three bids for service received at that time, Rubicon was awarded the agreement based on its competitive unit pricing, response time, resources allocated to the City, familiarity with municipal maintenance work, and performance of similar work in other communities. Currently, Rubicon continues to perform these parks and landscape maintenance services on a month-to-month basis using the terms of the original agreement. Given that it has been ten years since parks and landscape maintenance services have been bid publicly, the City should soon conduct a public bidding process for a new parks and landscape maintenance services agreement. However, there is currently significant uncertainty about what level of financial resources will be available for parks and landscaping services after the present fiscal year. As such, staff is not proposing to solicit bids for landscaping service at this time; without a clear picture about what level of future parks and landscape maintenance services can be funded, the City cannot effectively seek bids for the most appropriate scope of work, nor can it hope receive the benefits of a multi-year agreement for the correct scope. At this time, staff is proposing a one-year agreement with Rubicon to formalize and update the City’s existing arrangement with Rubicon through FY 2014-2015 – such that current levels of parks and landscape maintenance services may continue uninterrupted – with the intention of conducting a public bidding process for a new landscape maintenance agreement for implementation in FY 2015-2016. Staff will conduct a bidding process and bring a new agreement to the Council for consideration once more information is available regarding future funding for landscape maintenance services, which staff anticipates will be possible between March and June 2015. ---PAGE BREAK--- Agenda Item No. 5(F) The proposed one-year agreement with Rubicon is generally the same scope of services that have been provided to the City in past years with some revisions to reflect current landscape maintenance needs, such as water management and environmental best practices, and to exclude some specialized landscape maintenance services which are now being provided by other contractors. The Public Works Department has engaged other contractors to provide specialized landscape services (including maintenance of the Fairmount Avenue medians, City Hall and the Public Safety Building) in order to evaluate the potential for increased efficiencies and effectiveness of using a variety of contract services. This is intended to help us structure our contract services in future years. STRATEGIC PLAN CONSIDERATIONS Approval of the proposed agreement is consistent with Goal B (Achieve long-term financial stability) of the City's Strategic Plan, adopted March 2013. Specifically, approval of the proposed agreement through FY 2014-2015 will allow the City to develop plans to ensure that costs associated with parks and landscape maintenance services can be covered by revenues available for those services, which is consistent with several of the strategies outlined in Goal B. ENVIRONMENTAL CONSIDERATIONS Approval of the proposed agreement will formalize environmental best practices currently being implemented by Rubicon. First, the agreement includes provisions for Rubicon to comply with the City's Integrated Pest Management (IPM) Policy, which is a requirement under the City's National Pollutant Discharge Elimination System (NPDES) permit. The agreement also stipulated that Rubicon will perform its work consistent with Bay Friendly Landscape Maintenance Practices, which requires some of Rubicon's employees to be Bay Friendly Certified. Finally, Rubicon will also be providing water management services at four of El Cerrito's largest athletic fields, with the intention of reducing water use and improving drought resilience for those fields. FINANCIAL CONSIDERATIONS The not to exceed amount of $180,000 for this agreement is available in the City's Adopted FY 2014-2015 Budget in an allocation from the Landscape and Lighting Assessment District Fund for Landscape Maintenance Services. LEGAL CONSIDERATIONS The City Attorney has reviewed and commented on the draft Agreement. The final Agreement will be substantially in the form attached and approved by the City Attorney. Scott Hanin, City Manager Attachments: 1. Accompanying Resolution 2. Draft Park and Landscape Maintenance Agreement Page 2 ---PAGE BREAK--- Agenda Item No. 5(F) Attachment 1 RESOLUTION 2014–XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RUBICON ENTERPRISES, INC. FOR PARK AND LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2014-2015 WHEREAS, the City of El Cerrito (City) is responsible for maintaining parks, landscapes, medians, pathways, creeks, and other natural areas owned by the City; and WHEREAS, in 2004, the City solicited public bids for landscape maintenance services, and received three qualified responses; and WHEREAS, in July 2004, upon consideration of its competitive unit pricing, response time, resources allocated to the City, familiarity with municipal maintenance work, and performance of similar work in other communities, Rubicon Enterprises, Inc. (Rubicon) was awarded the maintenance agreement for an annual sum not to exceed $180,000 ; and WHEREAS, Rubicon’s services are currently being provided to the City on a month-to-month basis; and WHEREAS, the City should soon conduct a public bidding process for a new landscape maintenance services agreement; and WHEREAS, currently there is significant uncertainty about what level of financial resources will be available for parks and landscaping services after the present fiscal year; and WHEREAS, City staff has proposed continuing the City’s arrangement with Rubicon through FY 2014-15 – such that current levels of parks and landscape maintenance services may continue uninterrupted – with the intention of conducting a public bidding process for a new landscape maintenance agreement for implementation in FY 2015-16; and WHEREAS, in April 2014 Rubicon was listed as the lowest cost bidder for landscape maintenance services in the City of Rohnert Park, demonstrating Rubicon’s cost competitiveness vis-à-vis other landscape maintenance companies; and WHEREAS, funding of $180,000 is available in the City’s Adopted FY 2014- 2015 Budget in an allocation from the Landscape and Lighting Assessment District Fund for Landscape Maintenance Services; and WHEREAS, City staff will conduct a bidding process and bring a new agreement to the Council for consideration once more information is available regarding future funding for landscape maintenance services, which staff anticipates will be possible between March and June 2015; ---PAGE BREAK--- Page 2 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of El Cerrito, that it hereby authorizes the City Manager to execute an agreement with Rubicon Enterprises, Inc. for parks and landscape maintenance services from July 1, 2014 through June 30, 2015, in an amount not to exceed $180,000. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on August 19, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on August X, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- City of El Cerrito – Rubicon Enterprises, Inc. Parks & Landscape Maintenance Agreement Fiscal Year 2014-2015 1 City of El Cerrito 10890 San Pablo Avenue El Cerrito, California 94530 PARK & LANDSCAPE MAINTENANCE AGREEMENT The City of El Cerrito, (“City”) enters into this agreement, dated for reference purposes only, with Rubicon Enterprises, Inc. (“Contractor”). AGREEMENT TERMS The City and the Contractor agree as follows: 1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner Landscape Maintenance in accordance with Bay Friendly Landscape Maintenance Practices and the El Cerrito Integrated Pest Management Policy (“Work”). 2. TERM. The term of this Agreement is from July 1, 2014 through June 30, 2015. The Contractor agrees to complete all work in accordance with the Contract Documents for the duration of the Agreement. 3. LOCATION OF WORK. The Work will be performed citywide as per the Technical Specifications (Exhibit A) as directed by El Cerrito Public Works staff. 4. FREQUENCY OF WORK. The Contractor must complete the Work as per the Technical Specifications throughout the Agreement Term. 5. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $300 per day in accordance with California Government Code Section 53069.85 and the Contract Agenda Item No. 5(F) Attachment 2 ---PAGE BREAK--- City of El Cerrito – Rubicon Enterprises, Inc. Parks & Landscape Maintenance Agreement Fiscal Year 2014-2015 2 Documents, and/or obtaining or providing for substitute performance in accordance with the Contract Documents. 6. COMPENSATION. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. As compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor an amount not to exceed one hundred eighty thousand dollars ($180,000). The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents. 7. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. Copies of such prevailing rate of per diem wages can be found at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to keep accurate payroll records, certify and make such payroll records available for inspection as provided by Section 1776, and inform the Agency of the location of the records. The Contractor is responsible ---PAGE BREAK--- City of El Cerrito – Rubicon Enterprises, Inc. Parks & Landscape Maintenance Agreement Fiscal Year 2014-2015 3 for compliance with Section 1776. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. 8. INDEMNIFICATION. To the extent permitted by law, Contractor shall indemnify, defend, and hold the City, its officers, employees, agents, and volunteers harmless from and against any and all liability, loss, damage, causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, expense, costs (including without limitation the costs and fees of litigation) of every nature arising out of or connected with the performance of work by Contractor, its officers, employees, agents, volunteers, and subcontractors, under this Agreement, except for any such claims that is the result of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in California Civil Code §2778. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not insurance policies have been determined to be applicable to any of such damages or claims for damages. 9. INSURANCE. Contractor shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, public liability, property damage, owned and non-owned and hired automobile and liability, insurance coverage relating to services of Contractor, its agents, representatives, employees or subcontractors to be performed hereunder covering City’s risks in form subject to the approval of the City Attorney. The cost of such insurance shall be included in Contractor’s bid. The minimum amounts of coverage corresponding to the aforesaid categorie of insurance per insurable event, shall be as follows: Insurance Category Minimum Limits Workers’ Compensation Statutory minimum, as required of under the Labor Code of the State of California. Public Liability $1,000,000 per occurrence. Property Damage $1,000,000 per occurrence. Commercial General $1,000,000 per occurrence Liability and $2,000,000 aggregate for bodily injury, personal injury and property damage. ---PAGE BREAK--- City of El Cerrito – Rubicon Enterprises, Inc. Parks & Landscape Maintenance Agreement Fiscal Year 2014-2015 4 Automobile Liability $1,000,000 per accident, $2,000,000 aggregate for bodily injury and property damage (coverage required to the extent applicable to Contractor’s vehicle usage in performing services hereunder). The following coverages or endorsements must be indicated on the certificate provided to the City: A. The City, its directors, officers and employees are additional insureds in the policy as to the work being performed; regards to Company’s negligence; B. The coverage is primary to any other insurance carried by the City; C. Thirty (30) days prior written notice shall be given to the City in the event of cancellation or non-renewal of the policy. 10. THE CONTRACT DOCUMENTS. This agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this agreement as if set forth in full. These documents may be originals, or copies where applicable. A. This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor. B. The Technical Specifications for Annual Parks and Landscape Maintenance (Exhibit C. Fiscal Year 2014-2015 Unit Pricing (Exhibit D. The City of El Cerrito Integrated Pest Management Policy (Exhibit E. The Contractor’s completed Contractor License Information. F. The Contractor’s Workers Compensation Insurance Certification. G. The Contractor’s completed Certificates of Insurance and Endorsement. H. The Contractor’s completed City of El Cerrito Business License. 9. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity. ---PAGE BREAK--- City of El Cerrito – Rubicon Enterprises, Inc. Parks & Landscape Maintenance Agreement Fiscal Year 2014-2015 5 10. CERTIFICATION RE CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type A license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 11. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City shall provide the Contractor with notice of claims relating to this Agreement filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification. 12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect. IN WITNESS WHEREOF, the Parties hereby have executed this Agreement on the day first above written: City of El Cerrito Scott Hanin, City Manager Date: August 2014 Rubicon Enterprises, Inc. Date: August 2014 APPROVED AS TO FORM: Sky Woodruff, City Attorney Date: August 2014 ATTEST: Cheryl Morse, City Clerk Date: August___, 2014 ---PAGE BREAK--- EXHIBIT A CITY OF EL CERRITO PUBLIC WORKS DEPARTMENT ANNUAL PARKS AND LANDSCAPE MAINTENANCE TECHNICAL SPECIFICATIONS A. Description of Work In the City of El Cerrito, at various parks and other landscaped areas on City property throughout the limits of the City of El Cerrito and at locations to be determined and as directed by the City; maintain by means of turf mowing, weed eradication, herbicide application, fertilization, turf and ground cover edging, trimming, pruning, mulching, sweeping, asphalt concrete walkway repair, routine replacement of irrigation components, debris collection and trash removal. Legal disposal of trash and debris shall be the responsibility of the Contractor. i. Turfgrass Mowing Large machine mowing, hand mowing and small machine mowing, weed management, herbicide application, turf edging, trimming, and sweeping shall be performed on existing turf within all areas except "non-turf areas" described below under "Limits of Work." A "circuit" is defined as a single performance of the work at every one of the locations listed in "Limits of Work". The circuits shall be evenly dispersed over the season. The frequency for said work will be as follows: Season Circuits March 1 through April 30 10 total June 1 through October 31 12 total November 1 through February 29 10 total Note: The City does not require removal of grass clippings from turf areas after mowing if the contractor utilizes "mulching" or grass-cycling type mowing equipment, and the grass clippings do not present an appearance on the turf. If the interval between mowings or the mowing equipment deposits large amounts of grass clippings on the turf, the Contractor shall be responsible for the removal and disposal of such clippings immediately after mowing. ii. Garbage Pickup All existing garbage cans in the areas listed as 1) Large Field Areas, 2) Small Lawn Areas, 3) Non-Turf Areas in "Limits of Work" shall be emptied of refuse by the Contractor and disposed of legally. The City does not intend to provide a disposal site or pay separately for dumping charges. The Contractor may utilize a local refuse collection firm to provide debris boxes and provide for disposal services on a regular basis, at the Contractor's expense. The frequency for garbage pickup will be as follows: Season Schedule May 1 through October 31 Twice per week= Monday morning and Friday afternoon November 1 through April 30 Once per week = Monday morning ---PAGE BREAK--- In addition to the work described above, the Contractor will be responsible to pick up all loose litter and trash, on a minimum once per week basis, from all of the areas listed in the "Limits of Work". iii. Turf Fertilization and Aeration For existing turf, at all of the facilities listed in the limits of work, the Contractor shall be responsible to fertilize and aerate turf as described herein. a. Fertilization of Large fields, small lawn areas and picnic areas; during the months of March or April , and October or November, the Contractor will be required make one application each period of "Turf Royale" fertilizer of 21-2-14 makeup, or City- approved equivalent at a rate of fifty (50) pounds per ten thousand (10,000) square feet of lawn area. b. Fertilization of Median Island Turf; during the months of March or April, and October or November, the Contractor will be required make two applications each period of "Turf Supreme" fertilizer of 16-6-8 makeup, or City-approved equivalent at a rate of fifty (50) pounds per ten thousand (10,000) square feet of lawn area. c. Aeration of Large Fields; the City will provide the Contractor with a tow-behind Ryan "Renovaire" six foot unit. The Contractor will be required to aerate the turf three times per year, once each in the spring, summer, and fall seasons. d. Aeration of Picnic, Median and small lawn areas; the Contractor will be required to provide a walk-behind mechanical, core-tined aerator (Ryan "Greensaire" or Lawnaire" or City-approved equivalent.) The Contractor will be required to aerate the turf two times per year, once each in the spring and fall seasons. iv. Repair of Median Irrigation Systems The Contractor shall have either on inventory or available for immediate supply, the materials (pipeline, heads, valves, etc.) appropriate for the routine performance of removing and replacing components of the existing median landscape irrigation systems. For special order items, the Contractor shall immediately place the order for said materials and inform the Manager, in writing, of the cost and the schedule for delivery and incorporation of such materials. The Manager must approve of the proposed material costs prior to incorporation into the work. Special order items will be paid at the actual invoiced price plus the "markup on materials for work not included in the bid schedule" as provided by the Contractor in these documents. Maintenance of irrigation systems other than those in street median islands shall be the responsibility of the City, except in the case of irrigation systems damaged by the Contractor's operations. The Contractor shall be responsible to immediately repair systems damaged by his own operations. The Contractor shall be responsible to notify the City in the case of repairs needed on irrigation systems outside the median areas. v. Pathway, Stairway, City owned Easements and Access Road Maintenance At all of the facilities listed in the limits of work, the Contractor shall be responsible to cut back vegetation as necessary to keep pathways, stairways, easements and access roads clear and passable. Contractor shall edge back groundcover on an as-needed basis. The Contractor will be required to blow or sweep loose materials from these areas on a weekly basis, at the minimum. ---PAGE BREAK--- vi. Tennis Court Maintenance At Arlington, Tassajara, Canyon Trail, Castro, Cerrito Vista, Harding and El Cerrito High School, the Contractor shall be responsible to blow or sweep away loose materials form the court surfaces on a minimum weekly basis. The Contractor will also be required to cut back vegetation growing into court areas and on court fences on an as-needed basis. vii. Tree Maintenance Throughout the year, on an as-needed basis; maintain existing tree staking until tree is able to support weight of canopy head. Check for tree ties/straps either broken, missing or too tight. Remove climbing ground cover from tree trunks. Maintain a vegetation-free (e.g. turf, weeds, groundcover) area a minimum two foot diameter area around crown of trees. Note: Street trees along San Pablo Avenue, regardless of height, shall have the street tree planting area or wells kept free of weeds, litter and debris. Adequate decomposed granite or wood mulch will be applied as necessary in the tree wells to insure a level surface with the surrounding concrete sidewalk. viii. Shrub and Groundcover Maintenance Throughout the year, at all of the locations as given in the "Limits of Work", on an as-needed basis, the Contractor will be required to maintain a neat and attractive appearance of all planting areas. Contractor shall remove any dead plant material, garbage and weeds, and maintain the edges of existing groundcover adjacent to turf areas, play areas, buildings and structures. The Contractor shall maintain the height of shrubs to ensure adequate visibility throughout parks, and control excessive growth, ensure adequate growth and uniformity. All pruning and trimming done by the Contractor shall be done to preserve the natural growth and character of the plant species. ix. Picnic Area and Play Area Maintenance The Contractor will be required to maintain all areas in a clean, safe and attractive condition. Sand areas under and around play structures shall be maintained in a weed free condition and sand shall be kept off walkways and adjacent areas. The Contractor shall remove loose litter from play areas on a minimum of once per week. The Contractor will be responsible to report any vandalism, or broken or unsafe play equipment to the Manager immediately. B. Limits of Work i. Large Field Areas Arlington Park Ashbury Avenue Medians (from South City Limit to Fairmount Avenue) Canyon Trail Play Field (includes horseshoe area on Gatto and smaller turf area on Jordan) Castro Field Castro Tennis/ Picnic Area Central Field Cerrito Vista Field Cerrito Vista Picnic Area Creekside Park Upper Canyon Trail Fairmont Field Fairmont Park Harding Field Harding Park Poinsett Park Tassajara Field ---PAGE BREAK--- Tassajara Picnic Area ii. Small Lawn Areas Ohlone Greenway (BART Right-of-Way, from Blake Street to Albany City limit) Blake Street at Navellier (east side of Navellier) Richmond/Elm/Blake Islands Richard Itaya Plaza/Mini Park (on BART Path, North side of Manila Avenue) Community Center Fairmount Day Care Center Harding Day Care Center iii. Non-Turf Facilities (Groundcover, Shrubs and Hardscape) Huber Park Senior Center Library Madera Child Care Center Casa Cerrito Child Care Center Ohlone Greenway Bicycle Path (from Albany City limit to Key/Conlon terminus) Shevlin Pl. to Arlington Blvd. Pathway/Stairway Julian Dr. to Madera Cir. Stairway Contra Costa Dr. to Bay Tree Ln. Stairway Barrett Ave. to Tassajara Ave. Stairway Blake St. to Manor Cir. Pathway Tapscott Ave. to Harper Ave. Stairway Mira Vista Dr. to Tulare Ave. Pathway iv. Median Landscaping Maintenance (Turf, Groundcover and Irrigation) San Pablo Avenue (North City Limit to South City Limit) Central Avenue (San Pablo Ave to Carlson Blvd) (Liberty St to Richmond St) Fairmount Avenue (San Pablo Ave to Carlson Blvd) Potrero Avenue (San Pablo Ave to Eastshore BI) Hagen Boulevard & Tapscott Avenue Elm Street & Cutting Boulevard Behrens Street @ Albany City limit Moeser Lane medians and right-of-way (San Pablo Avenue to Arlington Boulevard) C. Equipment and Labor It will be the responsibility of the Contractor to provide equipment and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner. The Contractor shall arrive at the project site with the proper equipment, labor and materials required to perform the work described in these documents. The Contractor will provide the City with appropriate schedules for turf fertilization, aeration, mowing and any other specifically planned maintenance activity. The Contractor shall provide the City with copies of all required permits, written recommendations, application records and employee training documentation with respect to any application of herbicide, insecticide, rodenticide or any other restricted or regulated pest control material as required by the State of California and/or Contra Costa County Agricultural Commissioner's office. ---PAGE BREAK--- To comply with the goals and objectives of the Contra Costa Clean Water Program the guidelines of the National Pollution Discharge Elimination System (NPDES), and the City's Stormwater Management Plan, the Contractor shall utilize chemical herbicides only where other vegetation control measures (mechanical eradication, mulching, etc.) cannot achieve an acceptable level of weed and noxious growth control. The use of herbicides for "chemical edging" of turf and ground cover areas, clearing rights-of-way or along roadways, and near any creek, drainage course, pond or other water feature will not be permitted D. Traffic Maintaining Traffic If traffic is to be detoured over a centerline, detour plans must be submitted and approved by the City prior to starting work. Police, Fire, and Community Development Departments shall be notified at least 24 hours in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. On San Pablo Avenue, a minimum of two (paved) traffic lanes, not less than 12 ft. wide per lane, in each direction shall remain open for use by public traffic at all times during the course of the work. When construction operations are not actively in progress, no lane or shoulder closure is permitted. It shall be the Contractor's responsibility to post no parking areas as required to perform the work. Temporary "No Parking" signs and barricades can be provided by the City for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the Manager five working days in advance of the need for signs and barricades. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Manager public traffic will be better served and the work expedited. Such deviation shall not be adopted until the Manager has indicated his written approval. Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made therefor. Traffic Control System for Lane Closure A traffic control system shall consist of closing traffic lanes in accordance with the State of California Standard Specifications Section 12, "Construction Area Traffic Control Devices" and the provisions specified herein. The provisions in this Section will not relieve the Contractor from his responsibility to provide such measures as may be necessary to ensure public safety. If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. ---PAGE BREAK--- Lane closures may be made for work periods only. At the end of each work period, all components of the traffic control system shall be removed from the traveled way, shoulder, sidewalk, and pathway and parking lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the Engineer within the limits of the City right-of-way. Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made therefor. E. Adjacent Properties Adjacent property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent improvements shall be repaired or replaced by the Contractor at his expense and no payment will be allowed therefor. Work shall be carried out in a manner to avoid all conflicts with operations on adjacent properties and access to adjacent properties. Full compensation for Conforming to the provisions of this section shall be considered as included in the contract prices paid for work done and no additional compensation will be allowed therefor. F. Differing Site Conditions During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall notify the City in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the Manager will investigate the conditions, and if the Manager determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Manager will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work. G. Measurement and Payment Full compensation for conforming to the work of these specifications shall be considered as included in the contract unit prices, or the proposed hourly rates and material markup and no further payment may be made therefor. The contract unit prices and payments shall include full compensation for furnishing all labor, ---PAGE BREAK--- materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City. i. Turf Mowing For the work as described in these specifications, the Contractor will be paid for mowing and related work on a per circuit basis regardless of the time of year. One circuit is a complete trip through all of the turf facilities described in the limits of work. ii. Garbage pickup For the work as described in these specifications, the Contractor will be paid for garbage pickup on a basis, with the bid unit prices divided into months from May through October and from November through April. iii. Turf Fertilization and Aeration For the work as described in these specifications, the Contractor will be paid for fertilization of large fields, small lawn areas and picnic areas (non-median areas) and for median island turf fertilization, and for aeration of large fields, and for picnic and small lawn areas separately per item, respectively on a per circuit basis. One circuit is a complete trip through each various type all of turf facilities as described by the bid item of work and as described in the limits of work. iv. Repair of Median Irrigation Systems For the work as described in these specifications, the Contractor will be paid for repair of existing median island irrigation systems on a basis per the bid unit price per month. v. Pathway, Stairway and Access Road Maintenance For the work as described in these specifications, the Contractor will be paid for the maintenance of existing pathway, stairway and access roads on a basis per the bid unit price per month. vi. Tennis Court Maintenance For the work as described in these specifications, the Contractor will be paid for the maintenance of existing tennis courts on a basis per the bid unit price per month. vii. Tree Maintenance For the work as described in these specifications, full compensation for tree maintenance shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made therefor. viii. Shrub and Groundcover Maintenance For the work as described in these specifications, the Contractor will be paid for the maintenance of existing shrubs and groundcover on a basis per the bid unit price per month. ---PAGE BREAK--- ix. Picnic Area and Play Area Maintenance For the work as described in these specifications, the Contractor will be paid for the maintenance of existing picnic and play areas on a basis per the bid unit price per month. x. Future Work For the work as described in these specifications, at the City’s option, the Contractor will be paid either at the hourly rates for labor and equipment plus markup for materials for work not included in the bid or at a negotiated unit price to be mutually determined by the City and the Contractor after said facilities are constructed. ---PAGE BREAK--- City of El Cerrito - Parks and Landscape Agreement - Unit Pricing Fiscal Year 2014-15 Item # Item Description Service Frequency1 Billing Frequency Billing Frequency Cost Annual Cost 1 Mowing Weekly (peak use2) Bi-weekly (non-peak3) 12 5,617.00 $ 67,404.00 $ 2 Shrub and Ground Cover Maintenance Quarterly (complete circuit) 12 2,870.00 $ 34,440.00 $ 3 Empty Solid Waste and Recycling Cans Weekly (peak use) Bi-weekly (non-peak) 12 2,263.00 $ 27,156.00 $ 4 Pathway, Stairway, Access Road Maintenance Quarterly (complete circuit) 12 1,045.00 $ 12,540.00 $ 5 Picnic and Play Area Maintenance Weekly (peak use) (non-peak) 12 742.00 $ 8,904.00 $ 6 Median Maintenance Weekly 12 608.00 $ 7,296.00 $ 7 Large Field Aeration Bi-annually 2 3,266.00 $ 6,532.00 $ 8 Tennis Court Maintenance Weekly (peak use) (non-peak) 12 367.00 $ 4,404.00 $ 9 Water Management at Castro, Central, Tassajara and Canyon Trail Ongoing 12 315.00 $ 3,780.00 $ 11 Field Fertilization Bi-annually 2 1,849.00 $ 3,698.00 $ 12 Picnic and Small Lawn Aeration Annually 1 256.00 $ 256.00 $ 13 Credit for omitted Greenway spraying Ongoing 12 (550.00) $ (6,600.00) $ Total Annual 169,810.00 $ Total 14,150.83 $ 1 Service Frequencies listed in this Unit Pricing sheet may differ from those listed in the Technical Specifications. In the event that they do, the Service Frequencies listed here shall be the actual Service Frequencies performed under the Agreement. The Technical Specifications are primarily intended to establish performance standards for services provided. Service Frequencies listed in the Technical Specifications for certain services have changed over time as per the City's specific operational needs. 2 "Peak Use" terms and duration vary by service provided, but generally means Spring / Summer / Fall months when recreation use of parks and landscapes is at its highest. Specific duration and terms subject to negotation based on the City's operational needs as long as the total cost of the Agreement remains within approved limits. 3 "Non-peak" terms and duration vary by service provided, but generally means Winter months when recreation use of parks and landscapes is at its lowest. Specific duration and terms subject to negotation based on the City's operational needs as long as the total cost of the Agreement remains within approved limits. Exhibit B ---PAGE BREAK--- Technical Specifications Page 1 of 9 Annual Parks and Landscape Maintenance MSC-PLS-04/05 EXHIBIT C CITY OF EL CERRITO PUBLIC WORKS DEPARTMENT ANNUAL PARKS AND LANDSCAPE MAINTENANCE INTEGRATED PEST MANAGEMENT POLICY WHEREAS The Contra Costa County Clean Water Program’s Municipal Regional Stormwater Permit (MRP) requires each Permittee to implement a pesticide toxicity control program that addresses their own and others’ use of pesticides within their jurisdictions that pose a threat to water quality and that have the potential to enter the municipal conveyance system; and WHEREAS This provision implements requirements of the TMDL for Diazinon and Pesticide related Toxicity for Urban Creeks in the region; and WHEREAS The City’s requirements for addressing the allocations are set forth in the TMDL implementation plan and are included in the MRP Provision C.9; and WHEREAS As of June 17, 2010, the City of El Cerrito has adopted an Integrated Pest Management Policy to prevent impairment of urban streams by pesticide-related toxicity in runoff of water that poses a threat to water quality and that has the potential to enter the storm drain system. All areas including turf areas, landscaped areas, sidewalks, walkways, curbs, berms, gutters, and any other areas maintained by the City and included in this agreement shall receive reasonable care and be maintained in a manner that is tolerable of diseases, insects, snails, slugs, rodents, algae growth, and any other pests detrimental to the health of the public or plant’s growth or safety of the public. REQUIREMENTS: 1. Contractor shall supply all necessary pesticides, materials, equipment, and labor at no additional cost to the City to perform routine or reasonable care in order to control infestations which may occur from time to time. 2. The Contractor shall obtain and provide copies of all appropriate permits and licenses to the City not less than ten (10) days prior to any pesticide application. 3. The Contractor shall possess a valid Qualified Applicator’s License in the necessary categories, be registered with Contra Costa County, and shall comply with all local government regulations pertaining to pesticide use and shall be trained in integrated pest management practices. 4. The Contractor must obtain and submit copies of written recommendations for all pesticide applications, signed by a licensed and registered Pest Control Advisor, ten (10) days prior to any applications of a pesticide. For frequent or recurring applications, the Pest Control Advisor may issue a standing recommendation on an annual basis. 5. The Contractor must notify the City a minimum of ten (10) days prior to any application of pesticides for the control of disease, insects, snails, slugs, rodents, and any other pests determined to be detrimental to plant growth. For frequent or recurring applications, the Pest Control Advisor may issue a standing recommendation on an annual basis. 6. Pesticides brought to the work site in service containers (sized 32 oz to 64 oz) that are not the original manufacturer’s container, must be properly labeled with guaranteed ---PAGE BREAK--- analysis, date, and handled according to the California Department of Pesticide Regulation requirements. Material Safety Data sheets must be in possession of contractor during any application of pesticides. All spraying shall be done with extreme care to avoid any hazard to any person or pet in the area or adjacent areas, or any property damage. Spraying shall only be done at times when the wind speed falls within the State of California Department of Food and Agriculture guidelines, and with prior approval of the City. Pesticides will be provided by the Contractor at no additional cost to the City. 7. The Contractor shall submit a duplicate copy of the State of California, Department of Food and Agriculture, Summary Pesticide Use Report to the City no later than the 15th day of each month, for the duration of the agreement. Yvetteh Ortiz Public Works Director Contractor’s Signature Date John Tammen, General Manager Printed Name Title