The URL can be used to link to this page

Home My WebLink About2008/08/05 Item 5 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF O<.~ (HULA VISTA August 5, 2008 Item2- REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE USE OF PURCHASE ORDERS IN THE AMOUNT OF $81,160 PER MONTH TO SECURE LANDSCAPE MAINTENANCE OF OPEN SPACE FOR CERTAIN COMMUNITY FACILITIES DISTRICTS BY BLUE SKIES LANDSCAPE MAINTENANCE FOR AN INTERIM PERIOD OF 60-90 DAYS DIRECTOR OF PUBLIC WORK~1 CITY MANAGER "'-- 'jr.- ASSIST ANT CIT MANAGER /' ITEM TITLE: SUBMITTED BY: 4/5THS VOTE: YES NO X SUMMARY Due to continued deficiencies in contracted landscape services for Community Facility Districts in Sunbow II, Otay Ranch Village 1 West and Otay Ranch Sta B, the City of Chula Vista has exercised its option not to renew the existing maintenance contracts in these districts for Fiscal Year 2009. In order to maintain landscape services in these districts while the formal advertised bid process moves forward, bids were solicited from several vendors to provide the necessary services at a monthly rate for a 60-90 day period. The combined cost ofthe lowest bids received for the three districts will exceed $100,000 for the interim period. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 (b)(2) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 August 5, 2008, Item~ Page 2 of2 DISCUSSION In accordance with the terms of the eXlstmg landscape contract entered into with Merchants Landscape on July I, 2005, the contractor was given the specified time to correct deficiencies or provide a written cure plan to bring the districts up to contract standards. The written cure plan was submitted to Open Space staff on June 3, 2008. After reviewing the proposal, taking into consideration the scope of delinquent and unsatisfactory work and poor response to prior deficiencies in these districts, the proposal was rejected and the contract for these districts were terminated as of June 30, 2008. Four contractors were invited to bid on a total of five Community Facility Districts that required interim landscape maintenance while the new contracts went out for advertised bids. The contractors contacted to provide bids were chosen based on past performance and ability to adequately staff the districts in a short period of time. The combined low bid total of the three districts listed below will exceed the $100,000 threshold requirement for Council approval. These districts represent high profile landscape areas that require a high level of maintenance, especially during the summer months. New contract standards were developed for these districts, which will set minimal staffing levels and provide for increased oversight and accountability. A summary of the bids is provided below. Table 1 Summary of bids Sunbow II Village 1 West Otay Ranch Sta B Total CONTRACTOR (Monthlv Rate) (Monthlv Rate) (Monthlv Rate) (Monthlv) Blue Skies $30,842 $20,422 $29,895 $81,160 Acacia landscaoe No Bid No Bid No Bid No Bid F aireo Grounds Management $42,982 $30,702 $49,123 $122,807 Starerest Landscape No Bid No Bid No Bid No Bid As indicated in Table 1 above, Blue Skies is the apparent low bidder with the amount of $81,160. Original bid submittals are attached. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember McCann has property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMP ACT: There is no direct fiscal impact to the General Fund from approving this resolution in that funds expended for this contract are maintained within existing Special Tax Assessment District budgets. Purchase orders will be issued as authorized departmental requests are received. ATTACHMENTS A. CFD Interim Contract Bid Results B. Performance Standards 5-2 C11 I tLl \!i~ Acacia Landscape Co. r",>" \ ~ ~,\. },:~:':,:{ P.O Box 4?70 ,,:,',~;7 ChUt3 Vista, CA 91909 (61~1 58547\6 CFD Total MAINTENANCE Approx. RATE PER PROPOSED STAFFING Performance MONTHLY RATE Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL Includes: Position hrs/wk Code 1- 3.35 acres Supervisor 40 Village 15.06 Code 2- .03 acres I Month Landscape 11 Phase acres Code 3- 11.69 acres Maint. Worker 60 $383.00 $1~.~63,OO 3 Code 4- 0 acres $12,480.00 Code 5- acres Irrigation Tech 20 Includes: Position hrs/wk Code 1- 20.23 acres 1 Month Supervisor Sunbow Code 2- 32.97 acres Landscape II 178.77 Code 3- 33.97 acres $NO BID Malnl. Worker $NO BID $NO BID acres Code 4- 30.15 acres Code 5-88.63 acres Irrigation Tech Includes: Position hrs/wk 94.81 Code 1- .72 acres Supervisor Otay acres Code 2- .36 acres 1 Month Ranch Code 3- 90.21 acres $NO BID Landscape $NO BID $NO BID Maint. Worker StaB Code 4- 3.52 acres Code 5- 0 acres Irrigation Tech Includes: Position hrs/wk Otay 54.71 Code 1- 7.81 acres Supervisor Ranch acres Code 2-2.14 acres 1 Month Code 3- 44.76 acres $NO BID Landscape $NO BID $NO BID Village 1 Malnl. Worker West Code 4- 0 acres Code 5-0 acres Irrigation Tech :>0- H H :>0- n ~ 2: H :>0- /) /ill . t~ vf-" ~A'd() Yl0c6\\IS Acacia landscape Co. P.O Box 4770 Chut" Vista. CA 91909 161Y/5854716 Total MAINTENANCE PROPOSED STAFFING Approx. RATE PER LEVEL Performance MONTHLY RATE CFD Acreage DESCRIPTION PERIOD MONTH Bond TOTAL Includes: Position hrs/wk Code 1- 17.63 acres Supervisor 40 Olay 29.93 Code 2- 6.93 acres Landscape Ranch acres Code 3- 0 acres 1 Month $18,026.00 Maint. Worker 80 $541.00 $18,567.00 AB Code 4- 1.37 acres Code 5- 0 acres Irrigation Tech 40 NOTES: 1. Fertilizer application will not be included in this bid. 2. en 3. I .po 4. 5. 6. 7. Tree trimming, other than occasional skirt lifting or broken limb trimming will not be included in this bid. Brush clearing & hauling will not be included iu this bid. Although some areas may require weed wbipping and trimming back of plant material encroaching onto private property. Please add into your Bid cost to provide a 25% Performance Bond on top of your maintenance estimate. A dump pass for Otay Landfill good tbe duration of this work shall be provided by The City of Chula Vista. The City of Chula Vista shall provide dumpsters if possible within these areas. For questions call or email PauISirois@619-397-6006/psirois(tiJ.ci.chula-\.ista.ca.us , or Chevis Feunell @ 619-397- 6008 I cfennclJ(ti)ci.chula-\'ista.ca.us Questions will be taken until3pm Monday June 23. Questions will be answered by Tuesday at 12 noon via email to all participants. 8. Bids should be turned in at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25. U1 I U1 OdrCb C O!30f j)r) :)(r.(';,r' cr L/l U / :? n:xxc{ anOJ:;e..merv J CFD Total MAINTENANCE I Approx. RATE PER PROPOSED STAFFING Performance MONTHLY RATE Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL Includes: Position hrs/wk Code 1- 3.35 acres Supervisor 10 Village 15.06 Code 2- .03 acres 1 Month Landscape 11 Phase acres Code 3- 11.69 acres Maint. Worker t.QD $ 4<6{ $.:)'-/ Sial $dLf 080 I 3 Code 4- 0 acres I Code 5- acres Irrigation Tech YD Includes: Position hrs/wk Code 1- 20.23 acres 1 Month Supe.-visor II? Sunbow Code 2- 32.97 acres $ LiJ.pW Landscape II 178.77 Code 3- 33.97 acres Maint. Worker doD $'6LjJ. $ Yd.l q\?J, acres Code 4- 30.15 acres Code 5-88.63 acres Irrigation Tech ("J. Includes: Position hrs/wk 94.81 Code 1- .72 acres Supervisor 17 Otay acres Code 2- .36 acres 1 Month Ranch Code 3- 90.21 acres - $ Lf'i5/lloO Landscape ;)~D $Qtp3 $lN IJ") Maint. Worker StaB Code 4- 3.52 acres I Code 5- 0 acres Irrigation Tech '2) Includes: Position hrs/wk Otay 54.71 Code 1- 7.81 acres Supervisor .;1.0 Ranch acres Code 2-2.14 acres I Month $ 3~ rOD Landscape 1'17 $(PO~ $ 3D lDa Village 1 Code 3- 44.76 acres Maint. Worker I West Code 4- 0 acres Code 5-0 acres lITigation Tech (P3 -h Dvcl L ct s /6 h1 vi- if i/.2 Total MAINTENANCE PROPOSED STAFFING Approx. RATE PER LEVEL Performance MONTHLY RATE CFD Acreage DESCRlPTION PERlOD MONTH Bond TOTAL Includes: Position hrslwk Code 1- 17.63 acres Supervisor ~ Otay 29.93 Code 2- 6.93 acres I C)'Q.IoL1" Landscape ~ Code 3 - 0 acres 1 Month q", $3<6:::' l q 104 q Ranch acres $ , Maint. Worker $ Code 4- 1.37 acres I AD Code 5- 0 acres Irrigation Tech (;{Lf. NOTES: 1. Fertilizer application will not be included in this bid. 2. Tree trimming, other than occasional skirt lifting or broken limb trimming will not be included in this bid. 01 I 0'> 3. Brusb clearing & hauling will not be included in this bid. Although some areas may require weed wbipping and trimming back of plant material encroacbing onto private property. 4. Please add into your Bid cost to provide a 25% Performance Bond on top of your maintenance estimate. 5. A dump pass for Otay Landfill good the duration of this work shall be provided by The City of Chula Vista. 6. The City of Chula Vista shall provide dumpsters if possible within these areas. 7. For questions call or email PauISirois@619-397-6006/psirois(aJ.ci.chula-vista.ca.us , or Chevis Fennell @ 619-397- 6008/ cfennell(iiJ,ci.chula-vista.ca.us Questions will be taken until3pm Monday June 23. Questions will be answered by Tuesday at 12 noon via email to all participants. 8. Bids should be turned in at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25. t11 I -.I bl Vt /1/'" Vr'( ('" \, L AN vJ S'C frfit 5K tt <: CFD Total MAINTENANCE Appro.. RATE PER PROPOSED STAFFING Performance MONTHLY RAT Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL Includes: Position hrs/wk Code 1 - 3.35 acres Supervisor Village 15.06 Code 2- .03 acres 1 Month Landscape NO 8 i 11 Phase acres Code 3- 11.69 acres Maint. Worker $ _ 0'- $ 3 Code 4- 0 acres $ ~ D'- Code 5- acres Irrigation Tech , Includes: Position hrs/wk Code 1 - 20.23 acreS 1 Month Supervisor 4D ~k Sunbow Code 2- 32.97 acres Landscape 178.77 Code 3- 33.97 acres pQ,q,"/3. "lCj Main!. Worker ;}60 ",I:: $ &he,j\ $ =lC!8ii2 II .' / ' acres Code 4- 30.15 acreS Code 5-88.63 acres Irrigation Tech t{ () ,.k Includes: Position hrs/wk 94.81 Code 1- .72 acres Supervisor "-to ~k Otay acres Code 2- .36 acres 1 Month Landscape Ranch Code 3- 90.2 I acres $ 2'1 ,M"""'! Main!. Worker ),70 ...'( $~7o. 7'1 $ )."1 I El'U', StaB Code 4- 352 acres Code 5- 0 acres Irrigation Tech L/ IJ "'/<;. Includes: Position hrs/wk Otay 54.71 Code 1- 7.81 acreS Supervisor .2 <> wI<. Ranch acres Code 2-2.14 acres 1 Month $1'1, ~.21.~ Landscape $ Jq{ 'iJz $ ;JO,'1J.Z . Village 1 Code 3- 44.76 acres Main!. Worker I ft:O "",k West Code 4- 0 acres Code 5-0 acres Irrigation Te<h 2.() i.vk o \1 l..(3 , d.. Total MAINTENANCE PROPOSED STAFFING Approx. RATE PER LEVEL Performance MONTHLY RAT CFD Acreage DESCRIPTION PERIOD MONTH Bond TOTAL Includes: Position hrs/wk Code 1- 17.63 acres Supervisor Otay 29.93 Code 2- 6.93 acres Landscape Code 3 - 0 acres 1 Month Ranch acres $ -0/ Maint. Worker $ or-..c,.- $ No \G, AB Code 4- 1.37 acres Code 5- 0 acres Irrigation Tech o NOTES: 1. Fertilizer application will not be included in tbis bid. 2. Tree trimming, otber than occasional skirt lifting or broken limb trimming will not be included in this bid. (J1 I en 3. Brush clearing & hauliug will not be included in this bid. Altbougb some areas may require weed whippiug and trimmiug back of plant material encroaching onto private property. 4. Please add into your Bid cost to Drovide a 25% Performance Bond on top of your maintenance estimate. 5. A dump pass for Otay Landfill good tbe dnration oftbis work sball be provided by Tbe City ofChula Vista. 6. Tbe City of Cbula Vista sball provide dumpsters if possible witbin tbese areas. 7. For questions call or em ail PauISirois@619-397-6006JDSil.oisliilci.chula-vista.ca.us , or Cbevis Fennell@ 619-397- 6008 J cfellllellliilci.chllla-vista.ca.lls Questions will he taken until3pm Monday June 23. Questions will be answered by Tuesday at 12 noon via email to all participants. 8. Bids sbould be turned iu at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25. ATTACHMENT B BID NO. 1-04/05 ~If? -11- Page 1 eIlY Of CHUIA VISTA PUBLIC WORKS DEPARTMENT Open Space Landscape Maintenance Division Performance Standards Overview These standards describe landscape maintenance performance standards necessary to maintain areas of designated open space districts in a safe, attractive, and usable condition. Included in these standards are criteria covering irrigation, pruning, shaping and training of trees, shrubs and ground cover plants; fertilization, weed control, eradication of plant diseases and pests; mowing; brush clearance; maintenance and repair of fences, pathways and trails, and irrigation and drainage systems. Work Schedule The Contractor shall accomplish all normal landscape maintenance required between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. No maintenance functions that generate excess noise that would cause annoyance to residents of the area shall be commenced before 8:00 a.m., except in the case of a situation deemed emergency in nature. The Contractor shall establish a schedule of work to be followed in the performance of any contract awarded. This schedule shall list days and approximate times the contractor will be in each district. A copy of this schedule shall be provided to the Director of Public Works, and any proposed changes in scheduling shall be reported, in writing, to the Director of Public Works immediately. No change in schedule may be made without prior City approval. The City may deduct a day's pay (bid price/number of working days scheduled to work that month) from the Contractor's monthly payment in instances where Contractor has failed to visit a site as outlined in his schedule of work and/or performed duties as required. Public Convenience The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. Notification The Contractor shall provide written notice to the City listing exact starting dates of fertilization and other infrequent operations. Such notice shall be furnished to the Director of Public Works at least ten (10) working days in advance of the starting date. City approval is required prior to commencement of work. 5-9 BID NO. 1-04/05 Page 2 em OF (HUlA VISTA Irrigation Irrigation shall be done by the use of manual and/or automated systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of this responsibility. All areas not adequately covered by a manual and/or automated sprinkler system shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. When negligence on the part of the Contractor results in excessive use or waste of irrigation water, water that is used in excess of the monthly budgeted amount, the estimated cost of the water shall be deducted from the contract payment. The City shall be the sole judge of what constitutes "excessive or waste of irrigation water". Any damages to public or private property resulting from excessive irrigation or irrigation water run-off shall be charged against the contract payment unless the Contractor makes immediate repairs, to the satisfaction of the Director of Public Works. All irrigation controllers shall be turned off during periods of rain by the Contractor and turned back on and reprogrammed at the completion of each rainy period. Periods during which the controllers are programmed off do not absolve the contractor's responsibility to inspect, monitor and repair the irrigation systems. The Contractor shall keep controller and valve boxes clear of soil and debris and maintain the system, at no additional cost to the City, from the electric and water meters, throughout the work site. This includes, but is not limited to: the replacement, repair, adjustment, raises or lower, straightening, and any other operation required for the continued proper operation of the system. The City will compensate the Contractor for materials involved in the repair to irrigation damaged by vandalism, theft, disappearance, or worn out irrigation components. Labor, tools, equipment, and other overhead expenses are considered to be included in the contract amount bid to maintain the district. Upon receipt of an approved invoice from the Contractor itemizing the materials involved, payment will be processed in accordance with established terms. The City reserves the right to designate suppliers for these repair materials. 5-10 BID NO. 1-04/05 ~! f?. -n- Page 3 ellY OF CHULA VISTA A written report shall be submitted by the Contractor for all occurrences of vandalism, theft, disappearance, or worn out irrigation components, detailing the quantity, size, and location no later than five (5) working days after the discovery of such occurrence. Contractor's failure to meet this requirement will result in Contractor responsibility for total repair costs. The Contractor shall periodically inspect the operation of the system for any malfunction. This periodic inspection may occur more often, but not less frequently, than one (1) inspection each week. Any replacement must conform to the type and kind of existing system. Any deviation from the existing type must be approved in writing by the Director of Public Works. The Contractor shall at the beginning of the maintenance period inspect the entire sprinkler system with the City's representative to become familiar with the locations of valves, heads, controllers, electric valves, meters, and hose bibs. Special attention shall be directed to the maintenance of sprinkler equipment. Risers shall be adjusted by extension and location as plant material grows up and/or spreads out and adversely affects performance of the sprinklers. Any damage to, or malfunction of, the irrigation system shall be promptly repaired by the Contractor. At no time will systems be shut down for extended periods - repairs are to be made as discovered and reported. The City may require a change in the irrigation schedule at any time if it becomes necessary for water conservation. The contractor shall be responsible for input and maintenance of irrigation schedules and programs, as directed by the City. Water Conservation The Contractor shall abide by any and all water conservation programs currently in effect by the water purveyor, and will be responsible for compliance to any emergency guidelines, rules, and regulations effected during water crises. Failure to observe, obey and comply to the aforementioned will be the financial responsibility of the Contractor. For example, negligent or untimely irrigation system maintenance producing water waste resulting in citations or fines by the water purveyor will be the responsibility of the Contractor. Irrigation scheduling programs will be set by the Public Works Department, Parks, and Open Space divisions. Any changes in programming must be done with prior City approval. 5-11 BID NO. 1-04/05 Page 4 (llY Of CHULA VISTA Hydroseeded Banks or Fescue Slopes Hydroseeded banks or fescue slopes shall be irrigated Monday through Friday, to maintain horticulturally acceptable growth and color, and to encourage deep rooting. Under normal weather conditions, this irrigation will be equivalent to four (4) inches of water per month. Fescue color is expected to remain green and lush in color and appearance. Additional fertilization may be required throughout the contract year to maintain this green color. Irrigating Trees and Shrubs Newly planted trees and shrubs shall receive adequate water to promote normal growth, but not less than twelve (12) applications of water per year, providing at least twelve (12) inches of water penetration below the surface. Pruning Shrubs and Ground Cover Plants All shrubs and ground cover plants growing in the work area shall be pruned, as required, to maintain plants in a healthy, growing condition. Dead or damaged limbs or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning cut which exceeds two (2) inches in diameter shall be sealed with an acceptable pruning paint. All pruning shall be accomplished in a manner which will permit the plants to grow naturally in accordance with their normal growth characteristics. Shearing or severe pruning of plants will not be permitted unless a situation exists considered by the Director of Pub lie Works to be hazardous. FERTILIZATION: Schedule, Guaranteed Analysis, Rate of Application, Packaging Trees, Shrubs, Ground Covers: Fertilization of all trees, shrubs and ground cover plants, including plantings on hydroseeded banks, within designated work area shall be accomplished three (3) times per year with an approved commercial grade fertilizer adhering to the following: 1. October 1 -15: GUARANTEED MINIMUM ANALYSIS: Total Nitrogen (N) 15.0% Ammoniacal Nitrogen A V AILABLE PHOSPHORIC ACID (P205) SOLUALBE POTASH (K20) Sulfur (S) Iron (Fe) Plant nutrients derived from: Ammonium Phosphate Sulfate, Muriate of Potash, and Iron Oxide Fertilizer pellets to be coated with Bestcote Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet. 15.0% 5.0% 7.0% 16.0% 1.4% 5-12 BID NO. 1-04/05 Page 5 CIlYOF CHULA VISTA 2. March 1-15: GUARANTEED ANALYSIS: Total Nitrogen (N) 1.0% Ammoniacal Nitrogen. Derived from Ammonium Phosphate 6.9% Water Soluble Organic Nitrogen. Derived from Urea 4.1 % Water Insoluble Organic N. Derived from Activated Sewage Sludge A V AILABLE PHOSPHORIC ACID (P205) Derived from ammonium Phosphate and Activated Sewage Sludge Soluble Potash (K20) Muriate of Potash Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet. 12.0% 4.0% 6.0% 3. June 1 -15: GUARANTEED FERTILIZER ANALYSIS: Total Nitrogen (N) 15.00% 4.3% Ammoniacal Nitrogen 0.5% Water Soluble Organic Nitrogen 10.2% Coated Slow Release Urea Nitrogen* A V AILABLE PHOSPHORIC ACID (P205) 15.00% SOLUALBE POTASH (K20) 15.00% Sulfur (S) 4.50% Iron (Fe) 1.10% Zinc (ZN) .50% Plant nutrients derived from: Polymer Coated Urea, Polymer Coated Sulfur Coated Urea, Ammonium Phosphate Sulfate, Sulfate and Muriate of Potash, Iron and Zinc Oxide. *6.4 units C3RN from Polyon, *3.8 units CSRN from TriKote Rate of ADolication: l.0 pound of actual nitrogen per 1,000 square feet. TURF: Fertilization of all lawn areas within the designated work area shall be accomplished five (5) times per year with approved commercial grade fertilizers having the following guaranteed analysis: 1. September 1-15: GUARANTEED MINIMUM ANALYSIS: Total Nitrogen (N) 15.0% Ammoniacal Nitrogen A V AILABLE PHOSPHORIC ACID (P205) SOLUALBEPOTASH(K20) Sulfur (S) Iron (Fe) Plant nutrients derived from: Ammonium Phosphate Sulfate, Muriate of Potash, and Iron Oxide Fertilizer pellets to be coated with Bestcote Rate of ADDlication: 1.0 pound of actual nitrogen per 1,000 square feet. 15.0% 5.0% 7.0% 16.0% 1.4% 5-13 BID NO. 1-04/05 ~( ft.. -r- Page 6 ~ CnY OF (HUlA VISTA 2. November 15 - 30; 3. January 15 - 30: GUARANTEED MINIMUM ANALYSIS: Total Nitrogen (N) 22.0% 14.0% Ammoniacal Nitrogen 8.0% Nitrate Nitrogen A V AILABLE PHOSPHORIC ACID (P205) 3.0% SOLUALBE POTASH (K20) 9.0% Sulfur (S) 9.0% Iron (Fe) 1.5% Zinc (2n) 0.2% Plant nutrients derived from: Ammonium Phosphate Sulfate, Ammonium Nitrate, Potassium Sulfate, {ron Oxide and Zinc Oxide Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet. 4. March 1-15; 5. June 1-15: GUARANTEED MINIMUM ANAL YSIS: Total Nitrogen (N) 25.0% 10.3% Ammoniacal Nitrogen 0.7% Water Soluble Organic Nitrogen 14.0% Coated Slow Release Nitrogen A V AILABLE PHOSPHORIC ACID (P205) 5.0% SOLUALBE POTASH (K20) 5.0% Sulfur (S) 11.0% Iron (Fe) 0.9% Plant nutrients derived from: Polymer.Coated Urea, Polymer.Coated Sulfur.Coated Urea, Ammonium Phosphate Sulfate, Muriate of Potash, and Iron Oxide Fertilizer pellets to be coated with Bestcote. Rate of ADDlication: 1.5 pounds of actual nitrogen per 1,000 square feet. Packaging Fertilizer shall be provided in fifty (50) pound, multi-wall paper bags, polyethylene-lined for moisture resistance, or plastic bags. The fertilizers shall be brought to the site III the original unopened containers bearing the manufacturer's guaranteed analysis. Damaged packages will not be accepted. The Contractor shall furnish the Director of Public Works or a designated representative, with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the Director of Public Works or his representative on site before any material may be used. The Contractor may not begin the actual application until approval by the City has been obtained. In addition, the Contractor shall submit as part of his written notice a schedule showing the site, date, and approximate time of application of the fertilizer. Fertilizer proposed requires prior City approval. City shall be the sole judge as to an acceptable fertilizer type. Material Safety Data 5-14 BID NO. 1-04/05 ~l/~ -fi- Page 7 CIlYOF (HULA VISTA Sheets (MSDS) shall be provided upon submittal of fertilizers for approval. Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer to rest directly on the soil surface. Care shall be taken to ensure the fertilizer does not become caught in the plant foliage above the soil line and to avoid excessive watering resulting in the migration of fertilizing materials or soil. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continue without interruption. Lawn Maintenance Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing in returning the grass to the accepted height, for the species of grass being mowed. Inclement weather may preclude adherence to the frequency schedule. The Contractor may request alteration of this mowing frequency from the Director of Public Works for reasons of rain or prolonged cold. The following mowing schedule shall apply to all (Code 2) lawn areas listed in the bid portion of the contract document: Mowing Frequency 3/1 through 11/30 I time each week Mowing Frequency 12/1 through 2/28 I time every 2 weeks All turf shall be edged adjacent to all improved surfaces; or where no improved surface exists, turf edges shall be maintained if the turf area abuts a shrub bed, property line, or to maintain a turf delineation. Lawn areas shall be aerified a minimum of two (2) times each year and will be scheduled to occur as follows: 1. All lawn areas - April 15-30 2. All lawn areas - August 15-30 Under adverse conditions or as a result of high use where turf is suffering from compaction, aerification may be necessary at more frequent intervals. Aeration shall be done with a power- driven or tractor-pulled aerifier using a Yz" coring tine. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continue without interruption. 5-15 BID NO. 1-04/05 ~lr?- -(1- Page 8 CIlYOF CHUlA VISTA Tree Maintenance All trees shall be maintained in their natural shapes. The Contractor shall continuously remove "hanger" limbs and other obvious safety hazards, as required. Trees lost from causes other than Contractor's negligence shall be removed and replaced by the Contractor with a fifteen (15) gallon size tree at the City's expense. The Director of Public Works may specify a species of tree for replacement different from the one lost. Any tree leaning or showing signs of root heavings shall be brought to the attention of the Director of Public Works. If, in the judgment of the Director of Public Works, the tree must be removed, then the Contractor shall, at his sole expense, remove said tree by flush-cutting. Undesirable growth from the remaining stump shall be controlled by a City-approved method. Stump grinding shall not be required. Young trees needing training and shaping and trees suckering shall be trimmed and/or suckered on a continuing basis as needed. Low overhanging branches shall be removed to a height of eleven (11) feet above street grade, and to a height of thirteen (13) feet above street grade on select major streets. Low branches overhanging sidewalks and parkways shall be removed to a height of nine (9) feet above grade. I In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continue without interruption. Low Flow and Brow Channel Maintenance During the month of October, the Contractor shall clean all soil and debris from the channels and cut all the overhanging plant materials back to a minimum 12" height. All plant materials and debris, other than soil and rocks, shall be removed from the job site. During the year, removal of woody plant materials growing in the cracks or edges of the channel shall be removed to prevent damage to the concrete. Also, any loose materials, other than soil, shall be removed during the contract year. Following the rainy season, removal of accumulated sedimentation will be required. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continue without interruption. Removal of Debris Promptly after the pruning, trimming, weeding, edging, and other work required, the Contractor shall remove all debris generated by his/her performance of the work. Immediately after working 5-16 BID NO. 1-04/05 ~\f?- --- Page 9 CITY OF (HULA VISTA in the areas of public walks, driveways, or paved areas, they shall be thoroughly cleaned. All areas shall be kept free of, but not limited to, the following: bottles, cans, paper, cardboard, or metallic items. Removal of common debris, including emptying of waste receptacles, shall be performed on a continuing basis with a minimum of once a week pick-up. Areas containing walkways, or asphaltic concrete, stamped or textured concrete and/or concrete shall be swept as needed to maintain such walkways in an attractive manner. Weed Control All landscape areas within the specified maintenance area shall be continuously kept free of weeds at all times. This means complete removal of all weed growth shall be accomplished on a continuing basis as weeds appear, and not just once every 30 days. Weeds shall be controlled by hand, mechanical, or chemical methods. All noxious plant materials such as, but not limited to, poison oak, poison ivy, pampas grass, tamarix, arundo cane, tumbleweeds, etc., shall be removed immediately by hand. All pathways, sidewalks, curbs, and gutters, shall be kept free of weeds by use of contact weed control chemicals. The Contractor off-site in a manner consistent with Federal, State, and Local rules and regulations shall dispose of weeds and plant materials'removed. The City prior to application shall approve weed control chemicals. Material Safety Data Sheets (MSDS) are required for proposed weed control chemicals. Disease and Pest Control The Contractor shall regularly inspect all plants for presence of disease or insect infestation. The Contractor shall advise the Director of Public Works if disease or insect infestation is found on any plant, identifying the disease or infestation and specifying control measures to be taken, this includes vertebrate pest control. Upon approval of the Director of Public Works, the Contractor shall implement the approved control measures exercising extreme caution in the application of spray material, dusts, or other materials utilized. The Contractor shall utilize all safeguards necessary during disease, insect, or pest control operations to ensure safety of the public and employees of the Contractor. Care shall be taken that no puddles or pools of water that contain chemical residue remain after completion of applications of any harmful chemicals. Also, no permanent sterilant chemicals shall be used. No chemicals shall stain or cause to stain any concrete, brick, boulders, rocks, pavement, controllers, or landscape plant material, or cause damage to same. Contractor shall hold the City harmless for any damage and will repair or replace, as applicable, any damage caused by the use of chemicals at no cost to the City. Pest control chemicals shall be approved by the City prior to application. Material Safety Data Sheets (MSDS) are required for pest control chemicals. 5-17 BID NO. 1-04/05 ~! fc.. -Jl- Page 10 ern OF CHUIA VISTA Replacement Plant of Plant Materials The Contractor shall replace any tree, shrub, or ground cover plant that is damaged or lost as a result of faulty maintenance at no additional cost to the City. The Director of Public Works shall be the sole judge of "faulty maintenance". Any plant damaged or lost through vandalism shall be replaced at City expense. Cost for replacement of plants and trees lost through vandalism shall be at a mutually negotiable charge. At the City's sole discretion, it may be desirable to replace certain plants during the contract term. The necessity or desirability of such plant replacement shall be determined by the Director of Public Works. The Contractor shall be responsible for the maintenance of the replacement plants at no additional cost to the City. The City will be responsible for the cost ofreplacing the plants. Brush Clearance As may be determined at the Fire Marshal's sole discretion, the Director of Public Works shall require that flammable vegetation be cleared by the Contractor at no additional cost to the City. Contractors shall take notice of potential areas to be cleated during the pre-bid inspection, as no adjustment in contract pricing will be allowed. Cleared material shall be legally disposed of from the site area. Environmental Regulations On March 25, 1993, the United States Department of the Interior listed the California Gnatcatcher as a "threatened species" thereby requiring Federal protection of the songbird under the provisions of the Endangered Species Act of 1973 and all amendments thereto. The Act prohibits anyone from "taking" a Gnatcatcher, which includes killing, harming, or harassing the species, or destruction of its habitat. Secretary of the Interior Babbitt has proposed special rules (Section 4 (d) of the act) which are intended to allow the US Fish and Wildlife Service to define conditions associated with certain land use activities under which the taking of the Gnatcatcher or its habitats would not be a violation of the act. Therefore, pending the findings and rulings of the US Fish & Wildlife Service, the Departroent of the Interior, The Resources Agency of California, the California Department of Fish & Game, and the Natural Community Conservation Planning (NCCP), any areas specified may be precluded from maintenance or otherwise downwardly adjusted will be subject to an appropriate downward adjustment (as determined by the Director of Public Works) in compensation proportionate to the downward adjustments in area or scope of services. This applies to any and all future environmental rulings and regulations, which affect areas specifically stated or listed. 5-18 BID NO. 1-04/05 ~I~ -11- Page 11 (llY OF CHULA VISfA 5-19 BID NO. 1-04105 ~\~ -(1- Page 12 ~ (llY OF CHUlA VISTA OPEN SPACE LANDSCAPE MAINTENANCE AREA CODE DESCRIPTIONS CODE # AREA IDENTIFICATION CODE DESCRIPTION 1 mm.m Areas containing permanent irrigation systems planted in ground cover, shrubs and trees. Code one areas shall be kept weed free as required by tile Deputy Director of Parks and Open Space, or his designated representative. Weeds are considered as plant materials and grasses not consistent with established plantings. Any areas not fully covered with planned ground covers are to be replanted and grown to fully cover tile areas during the normal growing season. Weeding shall be as necessary to create a well balanced appearance. .~.~.,.,.,.,.,.,.,.,.,.,. ,.,.,.,.,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.,.,.,.,. ,.,.,.,.,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.,.,.,.,. ,.,.,.,.,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.,.,.,.,. ,.,.,.,.,.,.,.,.,.,.,.,., Lawn areas with permanent irrigation systems. Weeding shall be as necessary to create a well manicured appearance. 2 3 - Areas containing permanent irrigation systems initially planted with hydroseed mix, shrubs, ground covers, and trees. Code 3 areas shall be kept weed free as required by the Deputy Director of Parks and Open Space, or his designated representative. Weeds are considered plants (wild ftowers and grasses) not consistent with the original hydroseed mix. The intent is to maintain healthy vegetation for erosion control purposes. 4 Areas containing permanent or temporary irrigation systems in natural open space lands and slopes with indigenous plant growth. Weed abatement in these areas as required by tile Deputy Director of Parks and Open Space, or his designated representative, not to exceed 2 times per year, may consist of cutting back to 6" high. 5 I' .. .' ..... . '1 .. .' ... , ... . . ..... .... ... .... ... ... . . . . . . . . . . . . . . . . ... .. , ... .. . . . . . . . . . . . . . . . . . . . . . . . . . Two times per year, areas of non-irrigated open space shall be cleaned of debris including but not limited to the following: bottles, cans, paper, cardboard or metallic items and noxious plant materials such as tumbleweeds, pampas grass, tamarix, arundo cane, etc. 5-20 BID NO. 1-04/05 Page 13 (llY Of CHULA VISTA General Conditions Bidder's Security A bid security in an amount equal to ten percent (10%) of the bid is required. The bid security may be furnished in the form of cash, cashier's check, certified check, or a bid bond. If the bid security is a bond, it shall be executed by a surety company authorized to transact business in the State of California. The bid security must be included in the sealed envelope with the bid proposal. Faithful Performance Bond Contractor shall furnish the City with a surety bond conditioned upon the faithful performance of the contract. The bond shall be in a sum equal to twenty-five percent (25%) of the amount of contract price. This bond shall be executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista. An endorsed Certificate of Deposit, money order, or certified check may be provided in lieu of an actual bond. Such bond or deposit shall be forfeited to the City in the event that the contractor fails or refuses to fulfill all performance requirements of the contract. , If the contract is optioned for future years, for the purpose of renewing the contract, the Contractor shall provide a new valid faithful performance bond no later than thirty (30) days prior to the current faithful performance bond expiration date. Failure by the Contractor to provide the new faithful performance bond shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Payment Bond Contractor shall furnish the City with a payment bond in a sum equal to twenty-five percent (25%) of the amount of contract price. The payment bond shall be provided with and in a form similar to the performance bond. The payment bond shall guarantee that all laborers, material suppliers, and subcontractors will receive full payment for their services. If the contract is optioned for future years, for the purpose of renewing the contract, the Contractor shall provide a new valid payment bond no later than thirty (30) days prior to the current payment bond expiration date. Failure by the Contractor to provide the new payment bond shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. 5-21 BID NO. 1-04/05 ~(lt- --- Page 14 CllY Of (HUlA VISTA Insurance A. Contractor shall, thrqughout the duration of the contract maintain comprehensive general liability, property damage, and automobile insurance; or commercial general liability insurance, covering all operations of Contractor, its agents and employees, performed in connection with the contract, including but not limited to premises and automobile. B. Contractor shall maintain the following minimum limits: General Liability Combined Single Limit Per Occurrence General Liability Property Damage Automobile Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 The City reserves the right to require insurance for a higher coverage than the minimum limits. C. All insurance companies affording coverage to the Contractor shall be required to add the City of Chula Vista as an "additional insured" under the insurance policy for all work performed in accordance with the contract. All insurance companies policies shall be issued by a carrier that has Best's rating of "A; Class V", or better, or shall meet with the approval of City's Risk Manager. D. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Chula Vista should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. E Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement, shall be submitted to the Purchasing Division within ten (10) days after the award of a Contract. This endorsement must be on a separate "Schedule B". Contractor shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Contractor to provide such a substitution and extend the policy expiration date shall be considered a default by Contractor and may subj ect the Contractor to a suspension or termination of work under the contract. Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions shall be allowed. 5-22 BID NO. 1-04/05 Page 15 CIlYOF CHUlA VISTA Worker's Compensation Insurance The Contractor shall also carry Worker's Compensation insurance in statutory amount and Employer's Liability coverage in an amount not less than $500,000 and up to $1,000,000 at the City's discretion; evidence of which is to be furnished to the City in the form of Certificate of Insurance. Hold Harmless and Indemnification Contractor shall defend, indemnify, protect, and hold harmless the City of Chula Vista, its elected and appointed officers and employees, from and against any and all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by the contract, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Contractor's indemnification shall include any and all costs, expenses, attorney's fees, and liability incurred by the City, it's officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Contractor at its sole expense shall, upon written request by the City, defend any such suit or action brought against the City, it's officers, agents, or employees. Contractor's indemnificafion of City shall not be limited by any prior or subsequent declaration by the Contractor. Taxes All applicable State or Federal taxes shall be considered as included in the amount paid for services performed. The Contractor shall be responsible for payment of such taxes to the proper governmental authority. Licenses and Permits Contractor and all subcontractors, if any, shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California. Contractor shall procure all licenses and permits required to perform the work described. Contractor shall further pay all charges and fees required to maintain required licenses and permits. The Contractor and subcontractors shall possess a valid City of Chula Vista Business License while performing work within City limits. 5-23 BID NO. 1-04/05 ~l f?. -fi- Page 16 CI1YOF CHUlA VISTA Term Contractor shall perform all services required as specified on the Bid Form through June 30, 2001. The City may elect to exercise options to renew the contract for five (5) additional one (I) year periods ("option years"): (I) July 1, 2006 through June 30, 2007 (2) July I, 2007 through June 30, 2008 (3) July I, 2008 through June 30, 2009 (4) July 1, 2009 through June 30, 2010 (5) July 1,2010 through June 30, 2011 Additional extensions of one (1) year, or part thereof, shall be by mutual agreement of the Contractor and City. Price Adjustment Clause Prices shall be firm for the initial contract period. However, if it is determined that the San Diego Area Consumer Price Index for Urban Wages Earners and Clerical Workers (CPI-W) has changed for the option years, the Contractor, after: (1) giving written notice of such change, and (2) furnishing the City with copies of the change (from January 1 of the previous year to January 1 of the current contract year); may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the p'revious 12 months, or five per cent (5 %), whichever is less. Only one (1) price adjustment will be allowed for each option year. Written requests for option year price adjustments shall be made prior to April I of the contract year. The City reserves the right to accept option year price increases or terminate the contract without penalty. Measurement of Quantities for Unit Price Work The estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids. The City of Chula Vista does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease by any amount or to omit portions of the work that may be deemed necessary or expedient by the City with no adjustment in unit price. Cooperation Contractor shall work closely with the Director of Public Works in performing work required in order to achieve the result, which the City expects to be accomplished by Contractor. The Director of Public Works may delegate authority in connection with this Agreement to the Open Space Coordinator. For the purposes of directing the Contractor's performance, authority is hereby delegated to the Open Space Coordinator. 5-24 BID NO. 1-04/05 ~ If?. -~- Page 17 em Of CHUlA VISTA Inspection by City The City will inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately upon notification by the City. Maintenance services performed by the Contractor shall be performed to the satisfaction of City, Director of Public Works, or his designated representative. Method of Payment Monthly Reports The Contractor will be paid monthly, in arrears, for work performed satisfactorily. By the fifth day of each month, the Contractor shall submit a detailed report of maintenance performed and materials used, areas and/or units affected, and staff hours expended in the prior month. The monthly report shall also include a statement of all applications of herbicides, rodenticide, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. Upon successful completion of a month's work, payment will be made equal to one twelfth of the annual contract bid price. Billing shall be in accordance with bid prices submitted and allowing for City approved adjustments, if any. Payments Withheld The City may withhold or permanently retain payments to such extent as may be necessary to protect the City from loss due to: 1. Work required in the specifications which is defective, incomplete, or not performed. 2. Claims filed against the City for damage caused by the Contractor's acts or reasonable evidence indicating probable filing of claims. 3. Failure of the Contractor to make proper payments to subcontractors for materials or labor. 4. A reasonable doubt that the contract can be completed for the unpaid balance. Failure to Perform Satisfactorily It is agreed and understood that if the Contractor fails to perform the work as required, the Director of Public Works: (1) will pay only for the amount of service received as determined solely by the City, with an appropriate downward adjustment in contract price, or (2) may have such required work done by City crews or otherwise, and charge the cost thereof to the Contractor and/or Contractor's surety agent. Those discrepancies and deficiencies in the work that remain uncorrected may result in billing 5-25 BID NO. 1-04/05 ~If? --- Page 18 CIlYQf CHUIA VISTA adjustments in the following month. Billing adjustments for this unsatisfactory service shall be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. Should failure to perform persist, the City reserves the right to take action against the performance bond and/or terminate the contract. Emergency Calls The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the Director of Public Works shall be referred to the Contractor for immediate disposition. Personnel The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, and to the satisfaction of the Director of Public Works, all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable nniform attire with a company identifying marker (personnel fully clothed and wearing a safety vest with the company identification on the back will be considered suitable uniform attire). The Director of Public Works will require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City ofChula Vista. The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed, who are capable of discussing in English with the Director of Public Works matters pertaining to work required. Supervisors must have a minimum of three (3) years of actual field experience and must be able to demonstrate to the satisfaction of the Director of Public Works that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work which will be acceptable to the Director of Public Works. In addition, a non-working supervisor shall inspect all areas under the contract a minimum of once per month with the Director of Public Works or his designated representative. 5-26 BID NO. 1-04/05 Page 19 (llY OF (HULA VISTA Independent Contractor Contractor's relationship to the City shall be that of an independent contractor. Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever. Contractor shall be solely responsible for the performance of any of its employees, agents or subcontractors under any contract awarded. Contractor shall report to the City any and all employees, agents, subcontractors and/or consultants performing work, in connection with this project, and all shall be subject to prior approval of the City. Prevailing Wages Contractors are not required to pay prevailing wages to persons employed by them for work under contract in accordance with Section 2.58.080 of the Chula Vista Municipal Code regulating payment of prevailing wages for contracts let by the City. Non-Discrimination The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this notice, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. , Termination for Canse The following conditions constitute default for which the City may terminate a contract: A. Any material misrepresentation, whether negligent or intentional, by Contractor. B. Contractor's failure to perform any of its material obligations under a contract, including but not limited to: 1. Failure to perform any obligations reasonably within Contractor's control (including but not limited to lack of sufficient or adequate personnel, equipment, and/or materials); 2. Contractor's failure to promptly perform or correct any of its obligations; 3. Contractor's unapproved discontinuance of any of its obligations required under a contract; 4. Contractor's insolvency, filing for bankruptcy, or unapproved assignment for the benefit of creditors or otherwise; Prior to terminating a contract for cause, the City will first notify the Contractor in writing of such failure to meet the obligations of a contract. Within ten (10) calendar days of such written notice, Contractor shall have corrected the failure or shall have provided a written cure plan acceptable to the City that outlines its current or planned actions to correct such failure. If the Contractor fails to cure such breach or provide a written cure plan acceptable to the City within the ten (10) day time period, then the City shall have the right to terminate the contract by giving written notice to Contractor specifying the effective date of such termination. In addition to the remedy set forth above, the City retains the right to pursue any and all other 5-27 BID NO. 1-04/05 Page 20 eIlY Of CHULA VISTA available remedies under law or in equity, including but without limitation, action against the performance bond. Where public interest or necessity demands the immediate termination of the contract to safeguard life, health, or property, the City may terminate the contract immediately without prior notice of deficiencies, and no opportunity to cure failures will be provided. Termination for Convenience City may terminate the contract at any time, and for any reason, by giving specific written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. Contractor expressly agrees that no further penalties, remedies, or consideration would be forthcoming in the event of termination for convemence. Interpretation of Agreement The interpretation, validity and enforcement of any contract awarded shall be governed by and , construed under the laws of the State of California. . The Contractor shall be responsible for complying with any Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of the contract are severable. Administrative Claims Requirement and Procedure No suit shall be brought against the City arising out of a contract awarded, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by the City, Contractor shall meet and confer in good faith with the City for the purpose ofresolving any dispute over contract terms and conditions. 5-28 RESOLUTION ~O. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORJ.\1AL BIDDING PROCESS AND AUTHORIZING THE USE OF PURCHASE ORDERS IN THE ,"MOUNT OF $81,160 PER MONTH TO SECURE LANDSCAPE MAINTENANCE OF OPEN SPACE FOR CERTAIN COMMUNITY FACILITIES DISTRICTS BY BLUE SKIES LANDSCAPE MAINTENANCE FOR AN INTERIM PERIOD OF 60-90 DAYS WHEREAS, on June 14,2005, the City Council approved the award of several contracts to Merchants Landscape for the landscape maintenance of open space in certain Community Facilities Districts C'CFDs"): and WHEREAS, the City has temlinated the contracts with Merchants Landscape for CFDs Sunbow 2, Village I West, and Otay Ranch Sta B because of poor performance by the contractor: and WHEREAS, staff has issued a formal Bid for Community Facilities District Landscape Services: and WHEREAS, CFDs Sunbow 2, Village I West, and Otay Ranch Sta B are high profile landscape areas that require a high level of maintenance, , especially during the summer months: and WHEREAS. in order to maintain landscape services in these three districts while the formal advertised bid process moves forward, informal bids were solicited from several vendors to provide the necessary services at a monthly rate for an interim 60-90 day period: and WHEREAS, Blue Skies Landscape Maintenance is the apparent low bidder with the amOLll1t of $81,160 per month for the three districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it waives the formal bidding process and authorizes the use of purchase orders in the amount of $81,160 per month to secure landscape maintenance of open space for certain Community Facilities Districts by Blue Skies Landscape Maintenance for an interim period of60-90 days. Presented by Approved as to form by " /1 ,11 Cf Ii/" ~ . ~ i/~/~/~I Bart C. Miesfeld Interim City Attomey (rt- .lack Gritlin Director of Public Works J '.\["'mcyRES()"(F[J"'.lnl~r;1l1 \laiOlI ,'gIl1l 1;,,-CFo,_r)A_ilS_lIS l"'~ 5-29