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HomeMy WebLinkAbout11/14/1994 g A K E R S F I E L D Kevin McDermott, Chair Patricia $. DeMond Randy Rowles Staff: Gail E. Waiters AGENDA -. 2UDGET AND FINANCE COMMITYEE '~'~ .... Monday, November 14, 1994 12:15 p.m. City Manager's Conference Room Second Floor - City Hall 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF OCTOBER 3, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. REVIEW OF BINGO ORDINANCE - Brummer B. BUSINESS LICENSE PROCEDURE - Descary C. TOW TRUCK ORDINANCE. Stinson/Brummer 6. NEW BUSINESS A. RFP AND AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICE - Andersen B. ADDITIONAL POLICE RESOURCES TO SUPPORT UNION #10 - Brummer C. DONATION OF FIRE ENGINE TRUCK #1 - Keily/Lozano 7. ADJOURNMENT ~w:jp FILE COPY B A K E R S F I E L D / / ^l ~ar~ndy, Gity I~anager Kevin McDermott, Ghair Staff: Gail E. Waiters Patricia J. DeMond Randy Rowles AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, October 3, 1994 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order 12:25 p.m. Present: Vice Mayor Kevin McDermott, Chair; and Councilmember Patricia J. DeMond; Councilmember Randy Rowles arriving at 1:10 p.m. 2. APPROVAL OF SEPTEMBER 12, 1994 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS Kern County Athletic Association made a presentation asking the City to use funds to expand a field for soccer and rugby at Beach Park. The Association will donate 10 trees, and lights will need to be installed. This item will be brought before Council at its October 12 meeting. AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, October 3, 1994 Page -2- 5. NEW BUSINESS A. KERN ECONOMIC DEVELOPMENT CORPORATION FUNDING The Kern Economic Development Corporation made a presentation to the Committee seeking support for renewal of their agreement with the City. The new contract covers the period beginning July 1, 1994 through June 30, 1997. KEDC highlighted several contract changes: Implement a new public sector funding policy, requiring increased financial support for all incorporated cities in Kern County; Increased information sharing; Quarterly progress reports to the City Council; Retention and expansion projects within the City limits will be referred to the City's Economic and Community Development Department; and Increased funding from the City of Bakersfield. The Committee complimented KEDC on their emphasis '~vorking as a team" -- recognizing the 70/30 ratio of community support; and recommended the contract be forwarded to Council for approval. B. LOCAL BID ADVANTAGE Staff outlined the particular scenarios and their related impacts and benefits for establishing a local preference provision within the City's procurement bid procedures. The Committee felt it was important to establish a process that could be built upon over time by assessing the ongoing needs of the business community. Staff will develop a resolution that would enable a one percent sales tax preference on materials and supplies for local businesses. The Committee asked that a Budget and Finance Committee report be prepared for the Council agenda and that staff come back within a year to review the number of contracts let, the dollars involved, etc. At a later date it may be feasible to consider looking into a Charter change. C. CITY COUNCIL TRAVEL AND EXPENSES The Committee asked staff to continue to review Council comments. (This item was inadvertently placed as New Business instead of Deferred Business.) 6. DEFERRED BUSINESS A. COMPUTER PURCHASE Staff gave the Committee an overview of the selection and purchase of the computer hardware and software replacement. Because of various factors that are no longer applicable, an additional appropriation to complete the purchase will be requested. A workshop on this item will be given to the full Council on October 12, 1994. AGENDA SUMMARY REPORT ~ ~--'~ ~ ~ ~,.,' BUDGET AND FINANCE COMMITTEE Monday, October 3, 1994 Page -3- B. UPDATE ON FINANCIAL TRENDS Staff reported that the City continues to see some positive trends in revenues. Our beginning balance is higher and expenditures for 1993/94 came in less than estimated. Staff will keep the Committee posted on new developments. 7. ADJOURNMENT The meeting was adjourned at 2:25 p.m. cc: Honorable Mayor and City Council GEW:jp BAKERSFIELD POLICE MEMORANDUM September 21, 1994 TO: LIEUTENANT HORTON, VICE/NARCOTICS DETAIL ,,'1 FROM' '"" DETECTIVE WILLIAM MAXWELL, VICE/NARCOTiCS DE3'AIL r~ SUBJECT: BINGO SURVEY On 9/9/94, at the request of Lieutenant Horton, I conducted a survey of organizations which currently possess a valid bingo permit with the city of Bakersfield. Each of the contact persons for a group were asked the following questions: 1. Currently the City of Bakersfield limits the number of days that a group can conduct bingo in a period of a week, to one day. Would your group support the lifting of the one day a week limitation? (MC 5.12.200) 2. If you support the lifting of the limitation, how many days a week would your group want to play? 3. There is currently a six hour limit restriction to playing time. Would your group support the elimination or modification of the time limit? (MC 5.12.200) 4. How many hours does it take your group to conduct a bingo session? The following is a list of groups and persons contacted: 1. Alano Club 1001 - 34th Street, 324-0371 Contact: Earl Welch 2. Bakersfield High Athletic Booster Club 1341 "G" Street Contact: Dennis Walker .. 3. Bakersfield Senior Center 530 4th Street, 632-5685 Contact: Lynn Edwards 4. Bakersfield Community House 2020 "R" Street, 327-8835 Contact: Freda Seagrave 5. BPO Elks Lodge 1616 - 30th Street, 323-7535 Contact: William Siefert 6. Garces Parents Association 2800 Loma Linda Drive, 327-2578 Contact: Jeff Glosser 7. Knights of Columbus Charity Bingo Committee 108 Goodman Street, 871-6217 Contact: Pat DeLucia 8. Our Lady of Perpetual Help School/Church 124 Columbus Avenue, 323-3108 Contact: Michael Braun 9. Park Stockdale Civic Association 205 Rio Bravo, 861-9506 Contact: Karen Clemans No longer conducts bingo games 10. Royal Neighbors of America 425 30th Street, 871-7886 Contact:. Frances Kinikin 11. Royal Palms Social and Recreation Club 601 Clubhouse Drive, 325-3312 Contact: John Swan 12. Smoketree Social Club 4401 Hughes Lane, 831-5300 Contact: Francis Aguirre 13. St. Joseph's Catholic Church 1515 Baker Street, 327-2744 Contact: Lauri Munoz 14. West High Boosters Club 1200 New Stine, 832-2822 Contact: Debbie Turnipseed Two groups of the fourteen groups surveyed, supported the lifting of the one day a week bingo restriction. Those groups were identified as the Bakersfield Senior Center, and the West High Boosters Club. Both groups indicated that if the restriction was removed, that their groups would play two days a week. Eleven of the groups surveyed, do not support the elimination or the modification of the six hour time limit. The two remaining groups indicated a modification would not be opposed. The Bakersfield High Booster Club supported a seven hour time limit, while the Bakersfield Senior Center '~,ouldn't have a problem with it," referring to the modification of the time limit. The majority of the groups surveyed reported that their bingo activities lasted on an average, between four and five hours. West High and Bakersfield High Boosters Clubs reported that their Bingo activities lasted, between five and six hours. Additionally, I reminded each of the contact persons of the $250.00 maximum prize on~ any game played, whether it be bingo, a door prize drawing, pull tabs, or whatever other games that are played. I also advised them that prizes could not be rolled over to the next game. (MC 5.12.110) 3400 PALM ST. · STATION 3 · BAKERSFIELD · CA · 93309 BUS. PHONE (805) 861-9036 · FAX (805) 861-9036 ~=O UN D A T I O N BOARD OF DIRECTORS Co-Olrectar Captain Allen RoI~s Finance Dli~ectar Captain Bill Hammons Secretary Fireflghter Mark Maxwell Executive Director Enginee~ Sieved Dietz Joe Esool:~3o DonHaintng August 9, 1994 Steve Hamblet Trevef Mortinusen Garret Pacheco John Webes' COMMITTEE BOARD MEMBERS Allan Tandy City Manager City of Bakersfield Carol Camp Sh~,,~n 1501 Truxtun Ave Gall Malouf Bakersfield, CA 93301 'Gall O' Reilly ' Carole Richwlne Jalana Walters Leslie Walters ADVISORY BOARD Mr · Tandy,. A. Richard Grossman, M.D. MedlcaImector The Bakersfield Firefighters Burn Foundation would Sherman Oaks.Bum Center appreciate your consideration in donating old truck 1 for Wlllard B. Chrlstlonsen, M.D. Med~ca, mector the purpose of public education and burn awareness. As SanJ°aquinlnduslrlalMediclneAss°clatl°n you are well aware burns can be a crippling handicap, and Or. SusonKa¥,AssistantProfessor an emotional trauma for a person there entire life. Plastic Surge~/, UCLA School of Medicine Reconstructive Surgery-Shriners Hospital The foundation has set up counseling support services-for Richard Monje, Lawyer ^.,o..aordonandMo.ie burn injured patients and there family members, to help cope PaulHargis, Administratcxt with the emotional strees that burdens all burn survivors. Los Angeles Shriners Crippled Childrens Hospital Also the truck Will be used in parades, public relation Janyth R. Short Accountant events representing the City of Bakersfield, and many EdMoss presentations throughout the year. The Trade Center Rusiness Consultant If you have any further question please contact the PhilFontes, SenlarAssoclate firefighters burn foundation at 861-9036 CB Commercial * Dr. Jess Nleto Nieto & Associates Marketing Bob Birrlat, President Sunland Reflne~ Co. Dr. Tony Odega, Profess~, School of Business. CSUB Executive Director Alene Krizo, M.A., M.F.C.C. Greg Gallion, President Chicago Title Harvey Hall, President Hall Ambulance Service Mo~onno Arroche, S.P. ED Resource Specialist/Burn Survivc~ Majld Mojibl, President San Jooquin Refining Co., Inc. Ray Watson, President KGET-TV 17 NBC Lam/Jackson, Owner A. J. Tuxedo MEMORANDUM August 10, 1994 TO: Mike Kelly, Fire Chief FROM: Joe A. Lozano, Equipment Superintendent SUBJECT: Old Truck # 1, Equipment Number 6235 Ladder Truck number 6235 is a 1970 American La France 100 foot aerial ladder with tillerman. This vehicle was replaced during 1991 and has been surplus since that time. We have attempted to dispose of this vehicle in various ways: During 1991 we advertised the unit for sale in a Fire Services magazine, we received several calls, but when we described the unit as being tractor drawn, requiring two people to operate it, prospective buyers lost interest. Since 1992 we have attempted to sell this vehicle at public auction twice. Once at a regular voice auction with no bidders. The second attempt was through sealed bids with a minimum $6,000 requirement. We did not receive any bids even close to the minimum. Lately I have received inquiries from an individual who purchases fire equipment and rents it out to movie studios. Based on my experience and my discussions with this individual about the fair market value of this vehicle we agreed that a fair reasonable price for this unit is between $10,000 and $12,000. The fair market value of surplus fire equipment will ultimately be determined by the value that a buyer is willing to pay based on the buyers intended use. I feel that due to the nature of this vehicle there is a consideration that may even be more important than the selling price. The sale of this unit needs to be done in a way that eliminates any future city liability. Please contact me if you need more information regarding this matter. cc: Darlene Wisham, Purchasing Officer x, M. EMORANDUM TO Alan Tandy, City Manager FROM Lee Andersen, Community Services Manager.~/ BID COMMITTEE MEETING ''//~ SUBJECT PRIVATIZATION DATE 7 November 1994 At the November 2, 1994 council meeting, the proposed bidding of four (4) areas in the Consolidated Maintenance District was referred to the Budget and Finance Committee. This meeting is scheduled for Monday, November 14, 1994 at 12:00 noon. A meeting with Chuck Waide and the S.E.I. Union's park representatives has been scheduled for Wednesday, November 9, 1994 to discuss the questions raised by the Union at the initial meeting in October. The Park's Division staff has prepared answers to the questions regarding the bid specification and agreement. Mr. Waide has also been notified of the Budget and Finance Committee meeting on November 14, 1994. The attached information are the Administrative Report for the November 2, 1994 council meeting, .the bidding specifications, bid agreement, maps of the four (4) areas to be bidded, and the responses to the Union's questions on the bid'specifications. ADMINISTRATWE REPORT TO: Honorable Mayor and City Council APPROVED FROM: Lee Andersen DEPARTMENT HEAD ~ Community Services Manager DATE: October 17, 1994 CITY ATTORNEY _ CITY MANAGER SUBJECT: Request for Proposal (RFP) for Landscape Maintenance Services within the Consolidated Maintenance District. RECOMMENDATION: A). Approval. of the attached RFP and Agreement, as well as authorization to proceed with the bidding process. City forces to participate in bidding process. B). Approval of the attached RFP and Agreement, as well as authorization to proceed with the bidding process. City forces not to participate in bidding process. BACKGROUND: During the 1994-95 Maintenance District Budget hearings, Council directed staff to prepare a plan to privatize landscape maintenance within portions of the consolidated maintenance district. Staff has Prepared and attached a Request for Proposal (RFP), which includes work specifications and agreement terms as the first step in this process. The package and agreement should provide the maintenance district residents a high level of service while protecting the City from any sub-standard work. We are recommending that a section from each of the following areas be included in this pilot program: Haggin Oaks, Riverlakes, and the Polo Grounds. Current Memorandum of Understanding with the Blue and White Unit requires the City to meet with union representatives prior to contracting any work. Thus, staff has met and conferred with the union and job stewards regarding the Council's desire to explore contracting out certain new landscaping work. Their response was as follows: 1). It is their preference that the City not contract out the work, but instead utilize City employees. October 21. 1994, 8:52am Page 2). If the above is not possible, it is their strong belief the City should participate (submit a bid) in the bidding process to determine the most cost effective provider of the service to the new areas. The resolution of these issues was an agreement to present the Union's concerns to the City Council so that they can decide the issue as to whether or not the City will be a bidder. Council should expect some discussion from the Union on the issue of whether the City should submit a bid. Also, we agreed to let the Union review and comment on the bid specifications. The bid specifications have been distributed to the Kern County Public Employees Association, S.E.I.U. Local 700, and staff is awaiting for any comments or concerns they may have to the bid specifications. We anticipate receiving those comments by October 26, 1994. There are two (2) options for Council to consider. One is to advertise and distribute Request for Proposals (RFP) to private sector contractors without the City participating in the bid process. The City will then review the submitted bids and make a recommendation. The second option would entail City forces bidding along with the private sector as well. Potential disadvantages of allowing City Forces to bid along with Private Sector Contractors include: 1). Potential public perception problem (City may be perceived as competing with private sector) 2). Contractors would absorb any underbudgeted costs, while City has ability to recover deficit in subsequent years. 3). If City were awarded bid, costs for these three (3) areas must be tracked separately (deviation from the Consolidated District approach) in fairness to bidders. Potential disadvanges of not allowing City Forces to bid along with Private Sector contractors include: 1). Union opposition 2). Potential decrease in employee morale 3). City forces may be able to perform work at a lower cost Staff's tentative bid schedule would include opening .the bids on November 23, 1994, awarding the bid on December 14, 1994 and beginning the three (3) year contract on January 2, 1995. In the past, contractors were unwilling to include in their bid such items as water, electricity, major irrigation repairs, major tree pruning above sixteen (16) feet, theft and vandalism. Therefore, we have excluded the above items from the bid package. City would remain responsible for these items. October 21. 1994. 8:52am TO Frank Fabbri, Park Superintendent FROM Allen Abe, Assistant Park Superintendent SUBJECT PRIVATIZATION BID QUESTIONS AND ANSWERS DATE 2 November 1994 I. a). The "C-27" denotes a Landscape Contractors license through the State of California. "A" Contractor license is a general contractor license issued by the State of California. b). In past bidding processes, the bidders have not been willing to bid the responsibility of the water, electricity, major irrigation repairs, tree pruning, theft, and vandalism. II. a). In recital "AS", it defines the Council's direction in which to contract out certain landscape main- tenance services in particular areas. It is also the council's desire to compare its own costs to the invited bids. b). The "said services" of replace vegetation, irrigation equipment, and maintenance levels are all areas the bidding contractor is responsible for, not the CitY. The City is assuming none of the above items or their responsibility. c). Discussion of call outs and emergencies have not been addressed in the current contract. Yes, this should be ccvered in the agreement. Maybe the following phrase may be used: "Emergencies and/or call outs" The contractor shall furnish the City with emergency telephone numbers which can be called twenty-four (24) hours a day, seven (7) days a week. They will respond within two (2) hours to requests by the City for routine and emergency work. d). Replacement of Plants. If the contractor was not at fault for the plant material being damaged, then they should not be held responsible. Regardless of who is performing the maintenance, the plant material is being funded through the tax dollar (as in the above example). e). "Perform said Services:'. Yes, the City will be reimbursed for their services. Any time a contractor breaches a contract and the services have to be assumed by the City, it in turn will be reimbursed for those services through the Performance Bond. f). The prevailing wage for the Kern area, is the basic hourly rate of $5.00. This is from the Department of Industrial Relations, State of California. MEMORANDUM TO' Frank Fabbri, Park Superintendent FROM Allen Abe, Assistant Park Superintendent SUBJECT MEETING WITH UNION ON PRIVATIZATION BID QUESTIONS DATE 26 October 1994 1). PURCHASING'S COVER PAGE a). What is ~a valid State of California "C-27" or "A" Contractors license? b). Exclusion from bid Why can't the private vendor accept responsibility of water and electricity major irrigation repairs, tree pruning, theft, and vandalism. 2). AGREEMENT SECTION a). Recitals - (A) This'is saying the City is doing this "purely to contract out?" b). Page 2 (1,2,3a) The bidder should be totally responsible for the costs, why'the .City? c). Paqe 3 (3c) Shouldn't a phrase be added that addresses emergencies or call outs on the part of the bidder? d). Paqe 8 (7G) Regardless of the situation, shouldn't the bidder be responsible for the replacement of plants? e). Page 11 {sec ll.A.a.) If under (a)"perform said services", shouldn't the City be reimbursed for that service? f). Paqe 13 {F1 What is the prevailing wage for this area? AS%:pah privqsts.memodisk BAKERSFIELD NovemDer 3, 1994 The City of Bakersfield is requesting written proposals for landscape maintenance services for three sites for a three year period. The bid for all three sites will be awarded to one Contractor on a lump sum basis. We require a valid State of California "C-27" or "A" Contractor's License. The. site locations, a description of the work~.~to be performed, and the required general provisions are attached. The landscaping and irrigation system at each site was installed within the past year. A tour of the sites will provide any additional information needed. Major Highlights Include: 1. Bid Opening Date (November 23, 1994) 2. Award of Bid (December 14, 1994) 3. Start of Contract (January 2, 1995) 4. Three Year Contract' 5. Awarded on Lump Sum Bid 6. Excluded from Bid: a. Water & Electricity b. Major Irrigation Repairs c. Tree Pruning above 16 Foot d. Theft & Vanaaiism Bases of Acceptance of Bid: 1. Low Bid 2. Background Check 3. 100% Performance Bond 4. Indemnification & Insurance 5. License 6. Sufficient Equipment 7. Prevailing Wage A mandatory meeting of all contractors submitting proposals is scheduled for 10:00 a.m., Wednesday, November 9, 1994. This meeting will be held at the Parks Division Office located at the west end of the City Corporation Yard, 4101 Truxtun Avenue, Bakersfield, California. Please contact my office should you require further information. Sincerely, Darlene Wisham Purchasing Officer City of Bakersfield · Purchasing Division · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3746 · Fax (805) 324-7483 PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES BID OPENING 11:00 A.M., ON WEDNESDAY, NOVEMBER 23, 1994 Bids must be received on or before 11:00 a.m. Wednesday, November 23, 1994 at the Purchasing Division, 1501 Truxtun Avenue, Bakersfield, Ca. 93301. If further~information is needed, contac~ Darlene Wisham at (805) 326-3745. Site One $ per month x 36 = $ Site Two $ per month x 36 = $ Site Three $ per month x 36 = $ TOTAL $ By (Please Print Name) Signature Firm Name Mailing Address City, State, Zip Code Area Code Telephone Number Bid will be awarded on the total of all three sites. DESCRIPTION LANDSCAPE MAINTENANCE AREAS SITE i HAGGIN OAKS AREA Landscaping on the north side of Versailles Drive, consisting of approximately 21,100 square feet (.48 acres). Landscaping on Versailles Drive consists of a 20 foot wide area with sidewalk, trees, shrubs, turf and ground cover. Maintenance responsibilities will begin at the northeast corner of Haggin Oaks Boulevard and Versailles Drive and continue east on Versailles Drive for a distance of approximately 1055 lineal feet. SITE 2 RIVERLAKES AREA Landscaping on the east side of Main Plaza Drive consisting of approximately 26,100 square feet (.60 acres). Landscaping consists of a 14 foot wide area with sidewalk, trees, shrubs, and ground cover. Maintenance responsibilities will begin approximately 470 lineal feet north of Chinook Avenue and measured south approximately 1800 lineal feet and will end approximately 700 lineal feet south of Tule Lane. SITE 3 POLO GROUNDS AREA Landscaping on the east side of Verdugo Lane and west side of Calloway Drive consisting of approximately 35,000 square feet (.80 acres). Landscaping on Verdugo Lane consists of a 30 to 34 foot wide area with trees, shrubs, turf, ground cover, and a 12 foot wide decomposed granite equestrian trail. Maintenance responsibilities will begin at a point approximately 420 lineal feet north of the intersection of Verdugo Lane and Greenwich Drive and measured south approximately 790 lineal feet to a point 370 lineal feet south of the intersection of Verdugo Lane and Greenwich Drive. Landscaping on Calloway Drive consists of a 30 foot wide area with sidewalk, trees, shrubs, turf, and ground cover. Maintenance responsibilities will begin at a point approximately 165 lineal feet north of the intersection of Calloway Drive and Balvanera Avenue and measured south approximately 330 lineal feet to a point 165 lineal feet south of the intersection of Calloway Drive and Balvanera Avenue. File: Site-con TABLE OF CONTENTS ITEMS RECITALS SECTION I PLACES OF WORK AND DESCRIPTION OF WORK A. "SAID SITES" B. "SAID SERVICES" 1. Replace Vegetation 2. Irrigation Equipment 3. Work Quality a. Maintenance Level b. Contractor's Employees c. Hours of work d. Inspections 4. Material Provided by Contractor a. Fertilizer b. Insecticides and Fungicides c. Tree Stakes, Etc. 5. Equipment Provided by Contractor 6. Lawns a. Mowing b. Trimming c. Weed, Disease, and Pest Control (1) Pesticides (2) Poison Baits (3) Notice to City Content TABLE OF CONTENTS Page 2 d. Aerating and Renovating e. Watering (1) Deep Watering for Optimum Growth (2) Hoses and Sprinklers (3) Watering Times (4) Program Controls f. Fertilizing 7. Trees, Shrubs, and Ground Cover a. Watering (1) Water Slowly and Deeply (2) Water Basins b. Prunning c. Pest Control d. Weeding e. Staking and Guying f. Fertilizing g. Replacement of Plants 8. Irrigation Systems a. Contractor to Operate (1) Adjust and Trim (2) Flush Lines (3) Equipment Damaged by Contractor (4) Inform City's Representative of Damage Content TABLE OF CONTENTS Page 3 (5) Automatic Sprinklers b. Keep City's Representative Informed 9. Traffic Control 10. General Maintenance and Clean-up a. Clippings and Trimmings b. Debris in Ground Cover c. Sidewalk and Street Cracks and Seams d. Sidewalks and Paved Areas e. Unsafe or Hazardous Conditions 11. Work Not Included in "Said Services" (1) Irrigation Facilities (2) Large Trees (3) Vandalism - Theft SECTION II OTHER CONDITIONS A. BREACH BY CONTRACTOR -- PERFORMANCE BOND B. PAYMENTS BY CITY C. TE~M OF AGREEMENT D. INDEMNIFICATION E. PROPERTY DAMAGE F. PREVAILING WAGE G. INSURANCE H. CONTRACTOR SHALL NOT ASSIGN OR DELEGATE I. SUCCESSORS AND ASSIGNS Content TABLE OF CONTENTS Page 4 J. COMPLY WITH LAWS K. INDEPENDENT CONTRACTOR L. NOTICES M. WAIVER OF DEFAULT N. LICENSES O. STDS OF PERF P. MERGER AND MODIFICATION Q. EXECUTION R. FORUM S. CORPORATE AUTHORITY T. CORPORATION'S TAX NUMBER U. WATER AND ELECTRICITY V. HEADINGS AND TITLES OF PARAGRAPHS Content AGREEMENT NO. AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a California Charter City ("City"), and , ("Contractor"). RECITALS A. City has certain landscape areas ("said sites") for which it desires to obtain landscape maintenance services on a contract basis; and B. Contractor asserts it has a "C-27" or "A" Contractor's license issued by the State of California; and C. Contractor represents it is competent and experienced in landscape maintenance; and D. Contractor desires to perform landscape maintenance services on a contractual basis for City; and E. Contractor represents it holds ,a current business license issued by City; and F. City wants Contractor to perform certain landscape maintenance services ("said services") at and on said sites. NOW, THEREFORE, City and Contractor agree: SECTION I PLACES OF WORK AND DESCRIPTION OF WORK A. "SAID SITES" Contractor shall perform said services within certain landscaped areas ("said sites") within the City of Bakersfield. The parties attach a general description and a sketch map of said sites. Said sites include all lawn areas, trees, shrubs, header boards, concrete and brick sidewalks, retaining walls, mowing strips, ground cover, flower' beds, and bare areas therein. October 19, 1994 B. "SAID SERVICES" 1. Replace Vegetation Contractor shall replace, at Contractor's expense, any lawn, ground cover, trees, shrubs, or other plant material requiring replacement through negligence resulting from contractor's failure to properly provide said services. This is not to be construed as requiring Contractor to replace plants or entire lawns because of conditions beyond Contractor's control, but is to be . , considered strictly as a normal maintenance condition in accordance with accepted practice. 2. Irrigation Equipment Contractor shall perform minor repairs on and minor adjustments to the irrigation equipment in said sites. Contractor shall also completely repair (or replace), as is reasonably necessary, all irrigation equipment Contractor damages in performing said services. Contractor shall trim vegetation around sprinkler heads. 3. Work Quality a. Maintenance Level Contractor shall maintain said sites at the same quality level of landscape maintenance as at other City facilities as of the date of this Agreement. b. Contractor's Employees Contractor shall have said services performed by fully qualified, experienced personnel directly employed by Contractor (or, after written approval by City's Representative, a sub-contractor). Contractor's employees shall be personally presentable at all times. Contractor's employees shall wear an appropriate uniform shirt acceptable to City's Representative. Said shirt shall clearly set forth Contractor's name. Parkmain. 928 2 October 19, 1994 c. Hours of Work Contractor, or Contractor's employees, shall perform said service only between the hours of 6:00 AM and 6:00 PM, Monday through Friday. d. Inspections Contractor, or Contractor's manager, shall be available for a total of at least four hours per month to accompany City's Representative on inspection tours for evaluation of said services. 4. Material Provided by Contractor a. Fertilizer Contractor shall provide and apply fertilizers. Fertilizers shall be complete, furnishing the required percentages of nitrogen, phosphoric acid, and potash. The fertilizers shall be intended to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. b. Insecticides and Fungicides Contractor shall furnish and apply insecticides, fungicides, herbicides, and rodenticide. Such items shall be properly labeled, and have a guarantee analysis. Contractors shall bring such items to said sites in the manufacturer's original container. c. Tree Stakes, Etc. Contractor shall furnish and utilize tree stakes, tree ties, and guy wires. These items shall be of material or type matching those already being used in said sites, or as specified by City's Representative. 5. Equipment Provided by Contractor Contractor shall furnish, maintain and use sufficient modern and efficient equipment and tools to perform said services. Said equipment Parkmain.928 3 October 19, 1994 and tools shall be kept in safe, usable condition with cutting edges properly sharpened. City's Representative, at his or her discretion may require Contractor to discontinue the use of any equipment or tools that are not in an acceptable safe and usable condition. Contractor shall bring tools, equipment, and materials to the job site each day Contractor is performing said services. Contractor shall not leave tools, equipment, or materials at any site overnight, without the written authorization of City's representative, and then, only at Contractor's sole risk. 6. Lawns Contractor shall maintain all lawn areas at said sites in a healthy, growing condition. With respect to lawns, said services include the following operations and other incidental work: a. Mowing Contractor shall mow lawn areas (and remove clippings) at least once a week or more often as necessary to maintain a neat, trim appearance. Contractor shall remove all paper, rubbish and debris from lawn areas before mowing. b. Trimming Contractor shall trim all lawn edges after each mowing. Trimming includes cutting grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, sprinklers, guy wires, and other objects or structures within or bordering the lawn area. c. Weed, Disease, and Pest Control (1) Pesticides Contractor shall select, and properly use, insecticides, fungicides, herbicides, and rodenticide. Contractor shall restore or pay for the restoration of any property damage resulting from Contractor's use of such pesticides. Contractor, or any sub-contractor hired by Contractor for such purpose, shall be Parkmain.928 4 October 19, 1994 fully licensed by the State of California to use such pesticides. (2) Poison Baits Contractor may wish to use poison baits for the control of moles, ground squirrels, or gophers. Contractor shall place such bait so as not to create a hazard to persons, pets, or protected species. (3) Notice to City Contractor shall inform City's Representative, and deliver a written recommendation from a Pest Control Adviser, before applying any insecticide, herbicide, fungicide, or rodenticide. d. Aerating and Renovating Contractor shall aerate lawn areas at least once each year. Contractor shall renovate lawn areas as necessary to retain lawn quality that exists as of the date of this Agreement. e. Watering (1) Deep Watering for Optimum Growth Contractor shall deeply water lawn areas, as required by weather conditions, to provide adequate moisture for optimum growth. Contractor shall immediately correct lawn areas that show a lack of fresh green color or a loss of resilience because of lack of water. (2) Hoses and Sprinklers If the regularly - installed sprinkler irrigation system does not adequately cover the lawn area in which it is installed, Contractor shall furnish and set out hoses and sprinklers to uniformly water the lawn area. Parkmain.928 5 October 19, 1994 Contractor shall notify the City's Representative of such circumstances. (3) Watering Times Contractor shall arrange for watering at night or in the early morning, and shall control the irrigation equipment to prevent excessive run-off, ponding, or over watering. (4) Program Controls Contractor shall program irrigation controls, where possible, to allow water to soak in and to prevent run-off or ponding. f. Fertilizing Contractor shall apply fertilizer to the lawn areas as many times as is necessary, but at least two times per year to maintain a fresh green color, Contractor shall apply a balanced fertilizer (such as "Turf Supreme 16-6-8" in accordance with manufacturer's recommendations. 7. Trees, Shrubs, and Ground Cover Care Contractor shall maintain all trees, shrubs, and ground cover on the said sites in a healthy, growing condition. With respect to trees, shrubs, and ground cover, said services include the following operations and other incidental work: a. Watering (1) Water Slowly and Deeply Contractor shall water trees, shrubs, and ground cover deeply and slowly to establish moisture to the full depth of the root zones. Contractor shall furnish and set out hoses and sprinkler~ irrigation facilities when and where necessary to insure proper watering. Parkmain.928 6 October 19, 1994 (2) Water Basins Contractor shall maintain a water basin, of the size City's Representative requires, around young trees, to insure enough water can be applied to establish moisture through the major root zone. b. Pruning Contractor shall carefully prune trees and shrubs using acceptable methods and techniques. Contractor shall (1) Shape trees and shrubs, giving particular attention to damage caused by the wind. (2) Raise tree branches higher than 78 inches wherever they overhang walks or paths. (3) Cut back and shape shrubs and ground cover where they encroach on sidewalks, paths, and paved areas. (4) Remove suckers, water spouts, and other undesirable growth on trees. (5) Remove all dead or damaged branches. Contractor shall perform major pruning of deciduous trees and shrubs during the dormant season. Except as required in this Agreement, Contractor shall leave shrubs in a natural state and not prune them from the bottom. Contractor may perform major pruning of deciduous trees and shrubs during the dormant season and minor pruning at any time. Contractor shall immediately prune to eliminate a hazard~ c. Pest Control Contractor shall perform, or arrange for, pest control on all trees, shrubs, and ground cover. Park/hain. 928 7 October 19, 1994 d. Weeding Contractor may manually, or by selective herbicide, weed around trees, in shrub beds, and bare areas. Contractor shall use extreme caution with selective herbicides so as not to damage any other plants. Contractor may spray only when there is no wind. Contractor shall comply with all Federal, State, and local laws and regulations. e. Staking and Guying Contractor shall maintain and replace stakes and guys with materials approved by City's Representative. Contractor shall maintain and replace plant ties to provide support without chafing of bark. f. Fertilizing Contractor shall fertilize all trees, shrubs, and ground cover at least twice each year. Contractor shall use an approved ureaform fertilizer, such as Agriform 27-6- 10, or equivalent. Contractor shall apply fertilizer in spring and fall at the manufacturer's recormmended rates. g. Repiacemen% of Plants After Contractor obtains approval of City's Representative, Contractor shall remove dead and damaged plants and replace with plants of equivalent size, and variety. City agrees to provide replacement plants only as to those that have died or been damaged through no fault of Contractor. 8. Irrigation Systems a. Contractor to Operate Contractor shall operate the irrigation facilities and systems on said sites. "Operation" includes: Parkmain.928 8 October 19, 1994 (1) Adjust and Trim Adjust and trim around all sprinkler heads to obtain and maintain proper watering coverage. (2) Flush Lines Remove sprinkler head at the end of each lateral and flush lines if and as required or whenever requested by City's Representative. (3) Equipment Damaged by Contractor Repair or replace, at Contractor's expense, any irrigation system equipment damaged by Contractor. (4) Inform City's RePresentative of damage Report promptly to City's Representative any damage to the irrigation systems not caused by Contractor. 5) Automatic Systems Se~ and program automatic irrigation sysSem con~rollers for appropriate seasonal water requirements. b. Keep city's Representative Informed Keep City's Representative informed as to the water days and amount of time on each station. 9. Traffic Control Contractor shall furnish, install, and maintain signs, lights, flags, and other warning and safety devices when said services interfere with or endanger the safe movement of traffic on any street or highway. All safety devices, and their use, shall conform to the requirements set forth in the "Manual of Traffic Controls," published by the California Department of Transportation. City's Representative shall have the right to limit the amount of time Contractor may interfere with traffic. Parkmain.928 9 October 19, 1994 10. General Maintenance and Clean-up a. Clippings and Trimmings Contractor shall collect all clippings, trimmings, cuttings, rubbish, and debris at said site, and shall remove them promptly. b. Debris in Ground Cover Contractor shall keep all areas of ground cover, all areas around shrubs and .~ ~ trees, and areas ~ ~ ~ne~ to b~ildings, fences, benches, sidewalks, paths, curbs, and gutters free from weeds, grasses, rocks, glass, and other debris. c. Sidewalk and Street Cracks and Seams Contractor shall keep all cracks and seams in sidewalks, curbs, street gutters, and other paved areas free from vegetation. d. Sidewalks and Paved Areas Contractor shall keep sidewalks and paved areas swept clean and free of any dirt or soil washed from adjacent slopes or planted areas. e. Unsafe or Hazardous Conditions Contractor shall immediately report any unsafe or hazardous conditions to the City's Representative. 11. Work Not Included in "Said Services" (1) Irrigation Facilities: Contractor is not responsible for structural maintenance, repair, or replacement of irrigation facilities, except as specifically described in this Agreement. (2) Large Trees: Contractor is not responsible for the portions of large trees above the height Parkmain. 928 10 October 19, 1994 which can be pruned by a gardener on a 16 - foot orchard ladder. (3) Vandalism - Theft Contractor is not responsible to purchase vegetation or facilities damaged or destroyed by vandals. Contractor shall immediately inform City's Representative of any vandalism or theft of vegetation or facilities. City agrees to promptly begin obtaining replacement vegetation cr facilities and deliver such items to Contractor for the work of replacement, repair, or restoration. SECTION II OTHER CONDITIONS A. BREACH BY CONTRACTOR -- PERFORMANCE BOND Contractor shall obtain, and deliver to City, a performance bond in the amount of 100% of the total sum of money to be paid to Contractor hereunder. Contractor shall perform said services, in accordance with the provisions of this Agreement, without specific no~ice or instructions from City's Representative. If City's Representative determines Contractor is negligent, or other than diligent and competent in performing said services, City's Representative shall notify Contractor, in writing. If Contractor fails to respond to said written notice, and to properly perform said services within three working days after mailing said written notice, City may, at City's option, (a) perform said services, (b) hire a third party to do so and deduct the costs thereof from payments due Contractor, or (c) Cause forfeiture of Contractor's performance bond and immediately terminate this Agreement. Parkmain.928 11 October 19, 1994 B. PAYMENTS BY CITY City agrees to pay to Contractor, and Contractor agrees to accept from City, $ per month as full and complete compensation to Contractor for performance of said services. C. TERM OF AGREEMENT This Agreement begins on , and ends on , unless terminated earlier as, permitted herein. Contractor understands and acknowledges that Contractor's performance of said services, and City's payments al%er adoption of City's budget, are contingen5 upon City's Council including funds for such payments in such budget and appropriating funds for such purposes each fiscal-year. If such funds are not. included in City's fiscal year budget, and appropriated for expenditure for Contractor's services, this Agreement terminates, without liability to City. Contractor may not, without City's written agreement, terminate this Agreement. D. INDEMNIFICATION Contractor shall indemnify, defend, and hold harmless City, its officers, agents, and employees, against any and all liability, claims, actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by Contractor, Contractor's employees, agents, subcontractors, or independent contractors or companies, in the performance of, or in any way Parkmain.928 12 October 19, 1994 arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. The term "defend" as used above includes the duty to pay all cost of defense, including, but not limited to, reasonable attorney fees. E. PROPERTY DAMAGE Contractor shall promptly report to City's Representative respecting Contractor's damage to or alteration of any City-owned property, or private property, during performance of said ~. services. Contractor shall promptly repair or replace such property, and restore it to its condition before damage or alteration, at Contractor's sole cost and expense. F. PREVAILING WAGE Contractor shall pay not less than the prevailing wage rate, as required by Section 1774 of the California Labor Code, to all workers Contractor employs to perform said services. Contractor shall maintain payroll records sufficient to prove compliance with this requirement. This paragraph also applies to any sub-contractor. G. INSURANCE In addition to any other form of insurance or bond required under this Agreement, Contractor shall procure and maintain, for the duration of this Agreement, the following types and limits of insurance: 1) Automobile liability insurance, providing coverage on an occurrence basis, for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars per occurrence; and 2) Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars per occurrence; and Parkmain. 928 13 October 19, 1994 3) Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million dollars per accident. Contractor shall place such Insurance with insurers having a Bests' rating of no less than A:VII. All said policies shall be primary insurance as respects City, its mayor, council, officers, agents, employees, and volunteers, and shall be excess of Contractor's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned, and hired vehicles. The liability policies shall provide contractual liability coverage for the terms of this Agreement. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of City, its mayor, council, officers, agents, employees, and volunteers. All policies shall contain an endorsement providing City wi~h 30 days' written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insuranc~ required under this Agreement shall be maintained for the entire term of this Agreement. As a condition precedent to this Agreement becoming effective, Contractor shall deliver to City's Risk Manager certificates with required endorsements or policies evidencing the required insurance. City may withhold payments to Contractor if Contractor does not deliver such evidence of insurance. Contractor shall be responsible for any deductibles or self-insured retention under all policies.· Parkmain.928 14 October 19, 1994 Contractor shall require all sub-contractors to have insurance of the type, and in the amount, set forth above. H. CONTRACTOR SHALL NOT ASSIGN OR DELEGATE Contractor shall not assign or delegate any of Contractor's rights or duties under this Agreement without the City's prior written consent, and any such assignment or delegation, or attempted assignment or delegation shall be void · .~ ~ ~ and a material breach of this Agreement. Such material breach shall give City the right to immediately terminated this Agreement. I. SUCCESSORS AND ASSIGNS The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors, and assigns. J. COMPLY WITH LAWS Contractor shall, at Contractor's sole cost, comply with all Federal, State, and local laws, rules, ordinances, and regulations, now in force or which may hereafter be in force, applicable to the performance of said services. K. INDEPENDENT CONTKACTOR The parties agree Contractor, and Contractor's employees, are and shall be at all times, independent contractors as to City and not agents or employees of City. Neither Contractor nor Contractor's employees shall be entitled to any salary, benefit, or right connected with employment by City. This Agreement shall not be construed as forming a partnership or any association with Contractor other than that of an independent contractor. Contractor shall have no authority, beyond that given in this Agreement, to act on behalf of City as an agent nor to bind City to any obligation not expressly authorized herein. Except as provided in this Agreement, neither City nor City's Representative shall have the right or authority to direct Contractor as to when, where, and how to perform said services. City is Parkmain.928 15 October 19, 1994 interested in the results from the performance of said services only. L. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, offers, or agreements hereunder, by either party to the other, shall be in writing and shall be sufficiently served if sent by United States Postal Service, certified, return receipt requested, postage prepaid, and addressed as follows: ~. , CITY CONTRACTOR CITY OF BAKERSFIELD 4101 Truxtun Avenue Bakersfield, CA 93309 Attention: Superintendent of Parks Phone: (805) 326-3117 Fax: (805) 861-0864 Service upon Contractor shall be effective when placed in United States mail. Service upon City shall be effec5ive upon receipt. M. WAIVER OF DEFAULT The failure of City to enforce a provision of this Agreemen. t against Contractor shall not constitute a waiver of City's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. N. LICENSES Contractor shall, at its sole cost and expense, keep in effect, or obtain, at all times during the term of this Agreement, any licenses, permits, and approvals require for Contractor to perform said services. O. STANDARD OF PERFORMANCE Contractor shall perform said services in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. Parkmain.928 16 October 19, 1994 City's Representative shall have the sole right to determine if Contractor has performed said services in conformance with those standards. Contractor's failure to so conform shall be a material breach of this agreement and shall give City the right to immediately terminate this agreement without liability. P. MERGER AND MODIFICATION This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be,.~'~ modified only in a writing approved by City's Representative. Q. EXECUTION Subject to Contractor's obtaining the required insurance and delivering evidence of insurance to City, this Agreement is 'effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. R. FORUM Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted and maintained in Kern County. S. CORPORATE AUTHORITY Each individual executing this Agreement on behalf of Contractor represents and warrants that he or she is authorized to execute and deliver this Agreement on behalf of Contractor and that this Agreement is binding upon Contractor. T. CORPORATION'S TAX NUMBER Contractor's Federal Tax ID Number Parkmain.928 17 October 19, 1994 U. WATER AND ELECTRICITY City agrees to provide water and electricity for irrigation at each site. V. HEADINGS AND TITLES OF PARAGRAPHS The headings and titles of paragraphs and sections of this Agreement are for convenience, only, and shall not be construed in connection with its interpretation. W. CITY'S REPRESENTATIVE City's Community Services Manager will delegate to a City employee (and one more alternate) the authority and title of City's Representative. o0o Parkmain.928 18 October 19, 1994 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, on the day and year first above written. "CITY" CITY OF BAKERSFIELD BOB PRICg Mayor APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: JOHN D. CLOSS Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director INSURANCE PROVISIONS APPROVED: By: "CONTRACTOR" SCOTT MANZER Risk Manager By JDC/ab T I TLE PAR i~'~IAIN.928 9-29-94 Attachment: Exhibit 'A' Parkmain. 928 19 October 19, 1994 EXHIBIT "A" "Said Sites" Parkmain.928 20 REIh'A ROAD '~'~-~-..._ ~DIIV~ DRIVti NORIIiG~ - ~ ROAD ~ _ IIAGk~ ROAD ~ ~~ ~ C/NI TY MAP [' l.S KEY MAP VICINITY MAP · PROJECT SITE ~PROJECT SITE TIRACT 5151 TRACT ,~ ~' -~ ~ . ~1.. ~ No Scole ~ No Scole ~SCAPE C©NSTRUCli©N DRAelNG8 SCALE= 1' = 100'