Loading...
HomeMy WebLinkAboutReso 1989-163 - Approving the landscaping maintenace agreement between the city of redding I I 110 RESOLUTION NO. 09- 1146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LANDSCAPING MAINTENANCE AGREEMENT BETWEEN THE CITY OF REDDING AND JOHN' S LANDSCAPING, EFFECTIVE MAY 1 , 1989 , AND AUTHORIZING THE MAYOR TO SIGN, BE IT RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Landscaping Maintenance Agreement between the City of Redding and John' s Landscaping, effective May 1 , 1989 , a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on said Agreement. 3 . That the City Manager of the City of Redding is hereby authorized and directed to sign all future amendments to said Agreement, if any, on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on said amendments, when appropriate . I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of t'K; I , ; • the City of Redding on the 16th day of May , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen and Carter NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None 7 \___ &re/://4/, ;?5 SCOTT CARTER, Mayor City of Redding 7EST:004r % / / 'I /, .a-it�rP_ll1 ♦ . ETEL A. NICHOLS , City C Frk by Connie Strohmayer, Assistant FORM • .PROVED: RA DALL A. HAYS, Cit Attorney i -2- 1 i f • • • AGREEMENT � t THIS AGREEMENT is made and entered into this day of AprA 1989 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter called "City, " and JOHN' S LANDSCAPING, hereinafter called "Contractor" : WITNESSETH: 1 . Contractor covenants and agrees to g perform landscaping maintenance services for City at the various City locations and for the monthly rates set forth in Exhibit "A" attached hereto H and incorporated herein by reference , all in accordance with the City of Redding Specifications for Landscaping Maintenance ! Services and General Conditions for the Churn Creek Road Overcrossing Landscaping, the Hartnell Landscaping, and the Hilltop Landscaping, all attached hereto as Exhibit "B" and incorporated herein by reference (Bid Schedule 2155) , upon the terms and conditions and for the compensation set forth below. kl 2 . Contractor agrees that said services shall be performed in accordance with the attached Specifications for Landscaping Maintenance Services and General Conditions, and to the satisfaction of City' s Parks Department General Foreman, and that failure to do so shall constitute a material breach of this ii contract and grounds for the cancellation of this contract by City as hereinafter provided. 3 . City agrees to pay Contractor, in consideration of the services to be performed in accordance with the provisions of li i. i I 1 411 paragraphs 1 and 2 above, the sum of One Thousand Three Hundred 1 Thirty-five Dollars ($1 , 335 . 00) per month on the last day of each and every month during the 14-month term of this Agreement (for a total of 14 monthly payments) . In the event such services are performed for only a fraction of a month as a result of the expiration of the term hereof, or earlier termination or cancellation hereof, Contractor shall be paid for the fraction of the month that services were performed in accordance with a proration of the monthly consideration computed on the basis of a 30-day month. 4 . The term of this Agreement shall commence on May 1 , 1989 , and terminate on June 30 , 1990 ( 14 months) . 5 . This Agreement is entered into upon the express condition that City shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with Contractor' s services to be provided hereunder, including claims of Contractor, its officers, agents, and employees. Contractor shall indemnify and save harmless City, its officers, agents, and employees, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or [ other legal fault of Contractor or its officers, agents, and II employees. 6 . It is understood and agreed as a condition of this Agreement that Contractor shall, at its own expense and at all iI � -2- • • • times during the term hereof, procure and maintain from a company � II authorized to do business in the State of California, I 4 comprehensive general liability insurance i:: the amount of S5 ,0 , 000 .00 combined single limits; and automotive liability insurance in the amount of $500 ,000 . 00 combined single limits . The policies covering said insurance coverages shall name City, its officers, agents , and employees, as additional insured, and i• shall further contain a provision obligating the insurance carrier to notify City in writing at least ten (10) days prior to ani- cancellation or reduction of such insurance. Certificates of Insurance evidencing such coverage and notice requirement shall be approved by the Risk Manager of City and filed with him prior to the commencement of services under this Agreement. 7 . It is further understood and agreed as a condition of this Agreement that should Contractor hire an employee or employees, it will provide workers ' compensation insurance on its employees, meeting the minimum requirements of the California Labor Code. Contractor shall furnish City with a Certificate evidencing such insurance, approved by the Risk Manager of City and filed with him prior to the commencement of services under this Agreement. 8 . This Agreement may be terminated at any time by either party upon thirty (30) days ' prior written notice to the other party. I' N. -3- �I, • 9 . Any notices or demands that may be given by either 1 arty hereunder, including notice of default and notice of 1' _e=ination , shall be deemed to have been fully and properly : -:en when made in writing , enclosed in a sealed . enveloP e and ce=osited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To City c/o City Manager, 76 Parkview Avenue, Redding, California 96001-3396 ; and to Contractor at 2814 Henderson Road, Redding, California 96002 . d 10.. In carrying out the services to be performed under this I • Agreement, it is understood and agreed that Contractor is acting as an independent contractor and not as an employee of City. 11 . Future amendments to this Agreement, if any, may be ; i executed by the City Manager of City. � I 12 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. • CITY OF REDDING JOHN' S LANDSCAPING Si I By : By: SCOTT CARTER, Mayor JOHN D. FRUITS I ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney i -4- !I EYI III , III • EXHIBIT "A" TO AGREEMENT BETWEEN CITY OF REDD:NG AND JOHN' S LANDSCAPING DATED APRIL , 1989 EFFECTIVE MAY 1 , 1989 Landscaping Maintenance Services MONTHLY 14-MONTH LOCATION RATE TOTAL 1 . Churn Creek Road Overcrossing, per Bid Specifications : $ 720 .00 $10 , 080 . 00 2 . Hartnell , per Bid Specifications: 265. 00 3, 710 . 00 3 . Hilltop, per Bid Specifications: 350.00 4 , 900 .00 I TOTALS: $1 , 335.00 $18 ,690 . 00 11, a C I ' 411 . CITY OF REDDING SPECIFICATIONS FOR LANDSCAPING MAINTENANCE SERVICE CHURN CREEK ROAD OVERCROSSING LANDSCAPING • PAGE 1 A. SCOPE OF THE WORK The contractor shall furnish all materials , parts, labor, tools , and equipment to perform landscaping maintenance service, in accordance with accepted industry practices, the scope of which includes but is not necessarily limited to, the following. B. IRRIGATION The contractor shall be responsible for monitoring the irrigation system to check for and maintain proper sprinkler head coverage, adjustment and operations , and to check for any system malfunctions, breaks, leaks , missingparts equipment, vandalism. Said monitoring shall takeplaceno lesshanthand (3) times per week . The contractor shall be responsible for monitoring closely the moisture level of the soil and to make changes in the irrigation program as weather and physical conditions dictate, so as to provide and maintain optimum growing conditions . The contractor shall perform all necessary repairs to the lateral (non-continuous pressurized) side of valves , including; laterals of less than 3" dia; tees and elbows; swing or flex-joint fittings ; risers; and heads and nozzles. All parts shall be supplied by the contractor . The contractor shall provide invoices of parts along with once-a-month billing to the City of Redding Purchasing Department for the parts replaced. Breaks, malfunctions or necessary repairs to the valves, wiring, pressure pipe, backflow device , controller or power supply shall be reported to the City Parks Department General_ Foreman within 24 hours of discovery. All necessary repairs or replacements shall be made by the contractor for an agreed price, to be billed to the City of Redding Purchasing Department . EXHIBIT "B" 1 i • • SPECIFICATIONS--LANDSCAPING MAINTENANCE SERVICE CHURN CREEK ROAD OVERCROSSING LANDSCAPING PAGE 2 C. PLANTING The contractor shall be responsible for weed control programs . Twice a year, once in early spring and again in late summer, the contractor shall apply a post and pre-emergent herbicide (to be included in monthly contract price) , approved for use by the Parks Department General Foreman, per manufacturers specifications to all landscaped areas by a licensed applicator. In addition, a fifteen foot wide strip along both north ramps, east and west of the landscaped areas , shall be included as a buffer. The contractor will be responsible on a weekly basis for the spraying and/or removal of weeds, grasses and other foreign material. The contractor shall be responsible for remedial control of rodents , insects and diseases with materials (to be included in monthly contract price) approved for use by Parks Department General Foreman and applied pp per manufacturers specifications . The contractor shall be responsible for fertilizing programs. Twice a year, all plantings shall be fertilized with "Agriform" tablets, or an approved equal (to be included in monthly contract price) , at rates per manufacturers specifications. The contractor shall be responsible for proper staking of trees . Any missing, damaged or broken stakes shall be replaced by the contractor. The contractor shall provide invoices for stakes along with the once-a-month billing to the City Purchasing Department. The contractor shall be responsible for pruning and removal of dead , damaged or diseased plant materials as well as pruning to maintain a neat appearance and promote healthy growth. The contractor shall be responsible for the replacement of dead plant materials, with plants supplied once a year by the City, for an agreed price for the replanting. The contractor shall be responsible for the replacement of stringy bark mulch in the plant areas, when deemed necessary by the City for an agreed price. MISCELLANEOUS The contractor shall be responsible for the removal and disposal of litter and debris in the plant areas on a weekly basis. i I , Ill Ill • SPECIFICATIONS--LANDSCAPING MAINTENANCE SERVICE CHURN CREEK ROAD OVERCROSSING LANDSCAPING PAGE 3 Tie contractor shall be responsible for reporting to the Parks L=:artment General Foremen, immediately upon discovery, excessive damage in the plant areas caused by vandalism, vehicular cr equestrian trespassing, or acts of nature beyond control of the ccr.tractor. Repairs shall be made by the contractor, when deemed necessary the the City, for an agreed price. ti • 411 • CITY OF REDDING SPECIFICATIONS FOR LANDSCAPING MAINTENANCE SERVICE HARTNELL LANDSCAPING PAGE 1 A. SCOPE OF THE WORK The contractor shall furnish all materials, labor, tools, and equipment to perform landscaping maintenance service, in accordance with accepted industry practices, the scope of which includes, but is not necessarily limited to, the following: B. IRRIGATION The contractor shall be responsible for monitoring the irrigation system to check for and maintain proper sprinkler head coverage, adjustment and operation, and to check for any system malfunctions, breaks, leaks, missing parts of equipment, and vandalism. Said monitoring shall take place no less than three times per week. The contractor shall be responsible for monitoring_ closely the moisture level of the soil and to make changes in the irrigation program as weather and physical conditions dictate, so as to provide and maintain optimum growing conditions. The contractor shall perform all necessary repairs to the lateral (nen-continuous pressurized) side of valves, including; laterals of less than 3" dia; tees and elbows; swing or flex-joint fittings; risers; and heads and nozzles. All parts shall be supplied by the contractor. The contractor shall provide invoices of parts along with once-a-month billing to the City of Redding Purchasing Department for the parts replaced. Breaks , malfunctions or necessary repairs to the sprinkler valves , wiring pressure pipe, backflow device, controller or power supply shall be reported to the City Parks Department General Foreman iii within 24 hours of discovery. Repairs shall be made by the contractor for an agreed price, to be billed to the City of Redding Purchasing Department. C. PLANTINGS tl' I The contractor shall be responsible for weed control programs. Twice a year, once in early spring and again in late summer, the contractor shall apply a post and pre-emergent herbicide (to be included in monthly contractrice) , approved pproved for use by the Parks Department General Foreman, per manufacturers specifications to all landscaped areas by a licensed applicator. SPECIFICATIONS--LANDSCAPING MAINTENANCE SERVICE EAR:'NELL LANDSCAPING PAGE 2 The contractor shall be responsible for re-edial control of r:dents , insects and ' diseases with materials (to be included in r:n_hly contract price) approved for use by Parks Department General Foreman and applied per manufacturers specifications. The contractor shall be responsible for fertilizing programs . Twice a year, all plantings shall be fertilized with "Agriform" � tablets, or an approved equal, to be (included in monthly contract price) , at rates per manufacturers specifications. The contractor shall be responsible for proper staking of trees. Any missing, damaged or broken stakes shall be replaced by the contractor. The contractor shall provide invoices for stakes along 1, with the once-a-month billing to the City Purchasing Department . The contractor shall be responsible for pruning and removal of dead , damaged or diseased plant materials as well asrunin to maintain a neat appearance and promote healthy growthp g growth. The contractor shall be responsible for the replacement of dead plant materials , with plants supplied once a ve=_r by the City, for an agreed price for the replanting. M:SC E LLANEOUS 1. The contractor shall be responsible for the removal and disposal of litter and debris in the plant areas on a weekly basis. 9'. The contractor shall be responsible for reporting to the Parks Department General Foreman, immediately upcn discovery, any excessive damage in the plant areas caused by vandalism, vehicular or euestrian trespassing, or acts of nature beyond control of the contractor. Repairs shall be made by the contractor, when deemed necessary by the City, for an agreed price . • I i 1 II • CITY OF REDDING SPECIFICATIONS FOR LANDSCAPING MAINTENANCE SERVICE HILLTOP LANDSCAPING PAGE 1 A. SCOPE OF THE WORK The contractor shall furnish all materials , labor, tools, and equipment to perform landscaping maintenance service , in accordance with accepted industry practices, the scope of which includes, but is not necessarily limited to, the following: B. MOWING Mow, sweep and edge lawn areas once a week. Grass clippings to be hauled away. If inclement weather prevents moving, those weeks will be back charge; e.g. , if it rains for 30 days, four weeks of mowing will be credited. r I C. IRRIGATION i I The contractor shall be responsible for monitoring the irrigation system to check for and maintain proper sprinkler head coverage , ad_ustment and operation, and to check for any system malfunctions, breaks , leaks, missing parts of equipment , and vandalism. Said • monitoring shall take place no less than three times per week. The contractor shall be responsible for monitoring closely the moisture level of the soil and to make changes in the irrigation program as weather and physical conditions dictate, so as to provide and maintain optimum growing conditions. The contractor shall perform all necessary repairs to the lateral (non-continuous pressurized) side of valves , including; laterals of less than 3" dia; tees and elbows; swing or flex-joint fittings; risers; and heads and nozzles . All parts shall be supplied by the contractor. The contractor shall provide invoices of parts along with once-a-month billing to the City of Redding Purchasing Department for the parts replaced. pi Breaks , malfunctions or necessary repairs to the sprinkler valves, wiring pressure pipe, backflow device, controller or power supply ij shall be reported to the City Parks Department General Foreman within 24 hours of discovery. Repairs shall be made by the contractor for an agreed price, to be billed to the City of Redding I Purchasing Department. 9 11 I • , i ' • , ;I SPECIFICATIONS--LANDSCAPING MAINTENANCE SERVICE HILLTOP LANDSCAPING I PAGE 2 D. PLANTINGS . F The contractor shall be responsible for weed control programs. NI Twice a year, once in early spring and again in late summer, the contractor shall apply a post and pre-emergent herbicide (to be , included in monthly contract price) , approved for use by the Parks Department General Foreman, per manufacturers specifications to all 1 ; landscaped areas by a licensed applicator. The contractor shall be responsible for remedial control of rodents, insects and diseases with materials (to be included in monthly contract price) approved for use by Parks Department General Foreman and applied per manufacturers specifications. •I 1, The contractor shall be responsible for fertilizing programs. Twice a year, all plantings shall be fertilized with "Agriform" tablets, or an approved equal , lawn areas to be fertilized four tires a year (March, May, September, and November to be included in monthly contract price) , at rates per manufacturers specifications. The contractor shall be responsible for proper staking of trees. ;I Any missing, damaged or broken stakes shall be replaced by the contractor. The contractor shall provide invoices for stakes along with the once-a-month billing to the City Purchasing Department. The contractor shall be responsible for pruning and removal of dead , damaged or diseased plant materials as well as pruning to maintain a neat appearance and promote healthy growth. The contractor shall be responsible for the replacement of dead plant materials, with plants supplied once a year by the City, for I an agreed price for the replanting. [I MISCELLANEOUS The contractor shall be responsible for the removal and disposal of litter and debris in the plant areas on a weekly basis . The contractor shall be responsible for reporting to the Parks Department General Foreman, immediately upon discovery, any excessive damage in the plant areas caused by vandalism, vehicular or ezuestrian trespassing , or acts of nature beyond control of the contractor. Repairs shall be made by the contractor, when deemed necessary by the City, for an agreed price. SPECIFICATIONS--LANDSCAPING MAINTENANCE SERVICE ALL LOCATIONS• : I GENERAL - ALL LOCATIONS WORDMANSHIP The contractor shall utilize only personnel experienced in this type of service. The contractor shall be solely responsible for con±acting the work specified herein in a safe ranner so as not to �'. endanger any personnel , equipment, or structures . Any damages resulting from this maintenance service shall be the responsibility of the contractor, and any equipment or structures damaged shall be 1 restored to their original condition at the contractor' s expense. LICENSE REQUIREMENT A C-27 contractors license is required at the time of the award of the contract. CON_RACTOR SHALL PROVIDE A COPY OF HIS CURRENT CONTRACTORS LICENSE WITH THE BID PROPOSAL. SITE INSPECTION AND REVIEW CONTACT: ERNIE WOODS, GENERAL FOREMAN, RECREATION & PARRS DEPT. 916-225-4095. NOTE : If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his bid . Failure to note a deviation from the specifications may be ground for rejection by the City of that particular bid. Where deviations are noted, the City reserves the right to accept a bid containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is ( to be acquired and such deviations result in a lesser total cost to the City for the subject item. i I � I o , lil p. II GENERAL CONDITIONS PAGE 1 1 . INSURANCE SI Q, A. The contractor shall procure and maintain during the entire period of performance under any contract administered by the City of Redding, the following minimum insurance coverage: 1 . Comprehensive General Liability Insurance - five hundred I thousand dollars ($500 , 000) combined single limits . I!1 ! 2 . Automotive Liability Insurance - five hundred thousand l; dollars ($500, 000) combined single limits. I! Prior to commencement of work, the contractor shall furnish to i L the City of Redding, Risk Manager, a certificate of insurance showing the above required insurance coverages are in effect and naming the City of Redding, its agents , officers and employees as additional insureds. The certificate shall guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage . Depending upon the nature of the contract, higher volumes of insurance may be required. B. If the City requires evidence of workers compensation insurance, it shall meet the minimum recuirements of the California Labor Code. The certificate shall be furnished to the City of Redding, Risk Manager and shall guarantee the City 1 at least ten (10) days written notice of cancellation or reduction in coverage . 2. DEFINITIONS: I, In these specifications the word "City, " means the City of Redding, California . The term "Bidder, " means the person, firm, or corporation subnitting a bid on these specifications or on any part thereof. The term "Contractor, " means the person, firm, or corporation with whom the Contract is made by said City, or the agent or legal representative who may be appcinted to represent c such party, firm, or corporation in the execution of this Contract. l ' The term "Engineer, " means the City Engineer of the City of Redding, acting either directly or through his personally appointed , , agents, such agents acting severally within the scope of the specific duties entrusted to them. ll 1 li • I CITY OF REDDING-GENERAL CONDITIONS • PAGE 2 3 . PROPOSALS: Bids , to receive consideration, shall be made in accordance wit'.-: the following instructions : (a) Bids shall be made as indicated on the forms contained in the documents attached hereto and entitled "BID, " properly executed in ink, with all blank spaces filled in. The signatures of all persons signing the bid shall be in longhand . The completed Bid Form shall be without alterations or erasures and shall not be removed from this binding. Additional information may be submitted by the bidder on a separate sheet. (b) Before submitting a bid, bidders should read the Specifications carefully and should inform themselves completely as to all existing conditions and limitations. The bid shall include the cost of all items necessary to complete the Contract. (c) Each proposal shall be enclosed in a sealed envelope [ addressed to the City Clerk of the City of Redding, City Hall , Redding, California 96001 . The outside of the envelope shall be plainly marked with Bidder ' s name and address and the Bid Schedule Number. (d) All bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be returned to the bidder unopened. 4 . WITHDRAWAL OF BID: Any bidder may withdraw his bid, either personally or by •�, written request, at any time prior to the scheduled closing time for receipt of bids. 5 . INTERPRETATION: If a prospective bidder is in doubt as to the true meaning of any part of the "Notice Inviting Bids, " "General Conditions, " or the "Specifications, " or finds discrepancies in or omissions in the sane , he may submit to the City a written request or an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be made only by addendum mailed or delivered to each person receiving a set of such documents . Such addendum shall be considered as part of the Contract . 6 . AWARD OF CONTRACT OR REJECTION OF BIDS: • The Contract will be awarded within forty-five (45) days 1 after the opening of bids . The City, however, reserves the right g to reject any or all bids , or any part of any such bid, and to waive any informality in bids received, taking into consideration the ultimate economy to the City. 1 1 411 410 CITY OF REDDING-GENERAL CONDITIONS PAGE 3 17 . ASSIGNMENT OF CONTRACT: No assignment by the Contractor of any contract to be S entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the said City and surety has been given due notice of such assignment in writing and has consented in writing. R. QUALIFICATIONS OF BIDDER: Only manufacturers or contractors of established reputations, or their duly authorized dealers or agent, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the Specifications, will be considered in making the award. 9. MATERIALS, WORKMANSHIP AND DESIGN: All work must be done and completed in a thorough, workmanlike manner by mechanics skilled in their various trades, notwithstanding any omission from the Specifications. a1 I, 1 I Iii