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HomeMy WebLinkAbout31 LNDSCPE MAINT CUST 08-01-94AGENDA____ NO. 31 8-1-94 I nter-Gom ) DATE: JULY 28, 1994 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER~ AWARD OF CONTRACTS - LANDSCAPE MAINTENANCE AND SERVICES CUSTODIAL RECOMMENDATION: That the city Council approve an agreement with california Landscape Maintenance, Inc. for landscape maintenance services and an agreement with Pacific Building Care for custodial services. Both agreements are for a two-year period. FISCAL IMPACT: The contract with California Landscape Maintenance, Inc. is $194,303.85 per year. The contract with Pacific Building Care is $122,376 per year. The annualized savings to the city by using contract services in lieu of additional staffing will be at least $247,000. The projected savings of $247,000 per year is based upon a comparison of the cost to provide prescribed levels of service by city personnel versus private contractors. The savings is due to elimination of five vacant positions and reduced operating expenses (the contractors will be responsible for operating expenses, such as cleaning supplies, fertilizers, weed control sprays, etc.). Additional savings could occur in the future due to avoiding potential direct and indirect costs (workers compensation, general liability, etc.). The draft 1994-95 budget includes sufficient funds to cover the costs of the contracts and will be adjusted to reflect savings in the appropriate line item accounts. Of the projected $247,000 savings, $24,142 will be credited to the Landscape and Lighting District which includes landscaping within Tustin Ranch. The balance of the savings will be reflected in the General Fund as a result of eliminating vacant positions and reduced operating expenses. BACKGROUND: Due to fiscal constraints and in order to reduce operating costs thereby generating additional income for capital projects, staff has been reviewing opportunities for contracting certain City services. The first step has been reviewing City services that can be contracted for Award of Contracts - Landscape Maintenance and Custodial Services July 28, 1994 Page two without negatively affecting levels or quality of services. For a number of years, the City has contracted for specialized services and to supplement City personnel. Using contract services is cost-effective where the City can avoid over-staffing due to variations in the workload. Building inspection, plan checking, land use studies, economic studies and engineering design services are examples of where supplementing City staff through contract services is cost-effective. The City also provides some maintenance services (street resurfacing, street striping, sidewalk repairs, etc.) that can be obtained more cost- effectively through contracts. Contracting for these services enables the city to avoid capitalization costs and overstaffing because these services are performed on a project rather than day-to-day basis. Beginning in fiscal year 1993-94, the city reduced the number of city tree crews from three to one. Most tree trimming is now done through a contract service at a substantial savings to the city. DISCUSSION: In order for contract services to be successful, the type and level of service to be provided must be clearly defined. The contract services referred to above have been successful (both cost and level of service) because the specifications for the services are well defined and the contracts are administered appropriately. After carefully reviewing what additional City services could be contracted for, it was determined that landscape maintenance and custodial services present opportunities to reduce costs and maintain or enhance levels of service. In deciding that landscape maintenance and custodial services can be obtained cost-effectively through contracts, the need to have City personnel available for certain other services and emergency work was kept in mind. Many of the services now provided by City Field Services personnel should continue to be provided by in-house personnel because of the nature of the work. It would either be cost-prohibitive or negatively affect levels of service to contract for certain services. Routine maintenance within public rights-of-way and parks maintenance should continue to be performed by city crews because of the unique nature of the work and to provide the flexibility to reassign crews based on demand for service. For example, during heavy rainfall or winds, it is necessary to have City personnel who can respond immediately to emergency situations. Field Services crews also provide specialized support services for special events (chili cook-off, Tiller Days, etc.). Award of Contracts - Landscape Maintenance and Custodial Services July 28, 1994 Page three The recommendation to contract for landscape maintenance and custodial services will result in: Ail landscaped medians and parkways for which the City is responsible will be maintained through contract service. This would include all tree trimming within these areas. Trees within city parks will be maintained by the City's current contract tree service. city parks will be maintained by existing City personnel. City personnel currently assigned to median maintenance will be reassigned to park maintenance crews. This will enable the City to upgrade the level of park maintenance and takes into account'the addition of the sports park and Columbus-Tustin gymnasium grounds. The Civic Center and Senior citizen Center grounds will be maintained through the contract service. Ail City buildings will be maintained through the contract service. City personnel will continue to perform minor repairs. Four City custodians will be reassigned from the Field Services Division to the Community Services Department. These personnel will be responsible for set-up work for special events and rentals at the Senior citizen Center, Community Center and Columbus-Tustin gymnasium. Currently, part-time personnel and regular personnel on an overtime basis are used. By reassigning the custodians, it will be easier to schedule and supervise personnel and provide a higher level of service to the public. This approach will result in four part-time positions (two of' which are currently filled) being eliminated. With the exception of two part-time custodians, no city personnel will be laid off by converting to contract landscape maintenance and custodial services. By reassigning personnel as described above, services that currently are below desired standards can be upgraded. And if experience shows that there is any overstaffing, positions can be eliminated through attrition. The recommendation to contract for landscape maintenance and custodial services takes into account and balances the requirements for adequate levels of service, increased scope of work due to new City facilities and the avoidance of added direct and indirect costs. Award of Contracts - Landscape Maintenance July 28, 1994 Page four and Custodial Services Proposals were received for landscape companies: California Landscape Maintenance Mariposa-Holt Enterprises Toyo Landscape Landscape West Mission Landscape Services Mentone Turf maintenance from the following $194 303.85 $203 721.96 $283 609.20 $309 899.64 $389 839.56 $445 252.08 The recommended contractor, California Landscape Maintenance, currently under contract with: City of San Juan Capistrano City of Temecula City of Thousand Oaks City of Westlake Village County of Ventura City of Brea City of Laguna Niguel Keystone Pacific Property Management Merit Property Management Paradee Construction Inc., is Reference checks and visual inspections indicate that California Landscape Maintenance, Inc. provides high quality service and complies with its contractual obligations. Proposals were received for custodial services from the following companies: Janitorial 2001, Inc. Pacific Building Care Quintessence Company, Inc. Coast Building Maintenance Bell Building Maintenance All Points Maintenance C.D.S. Maintenance Petra Building Maintenance, Pacific West Maintenance G & G Building Maintenance Service, Inc. $110,184 $122,376 $129,480 $133,037 $135,960 $148,248 $176,280 Inc. $177,071 $232,685 No Total .00 00 0O 29 00 00 00 4O 04 Given Award of Contracts - Landscape Maintenance and Custodial July 28; 1994 Page five Services The recommended contractor, Pacific Building Care, contract with: Canon-USA Tramwell Crow Taco Bell (corporate headquarters) City of Irvine is currently under Reference checks indicate that Pacific Building Care provides high quality service and complies with its contractual obligations. Staff is not recommending the low bid from Janitorial 2001, Inc. because of issues that surfaced through the background checks. Since 1991 city facilities requiring custodial services have increased from 96,536 square feet to 156,699 square feet. This fall the Columbus- Tustin gymnasium will be completed adding to the total. It is not possible to adequately maintain City facilities without either adding staff or contracting for custodial services. Contracting for custodial services is more cost-effective and enables existing City personnel to be reassigned to support services needed for facility rentals and special events. Over the past several years a significant amount of landscaped public areas have been added in Tustin Ranch. Not including park sites, the city is responsible for maintaining over three million square feet of landscaped areas. These areas are highly labor intensive to maintain because the City has made a choice to provide a greater quantity and quality of landscaping than most communities. As with custodial services, city personnel need to be added to handle the increased landscape maintenance workload or contract services used. It is more cost-effective to increase the use of contract service for landscape maintenance and divert existing personnel to parks maintenance and other special projects. As the transition to contract services is made and City personnel reassigned as described above, the impacts on levels of service will be carefully monitored. If any adjustments are required in the future, staff will return to the city Council with a report which discusses any organizational or staffing level issues that need to be addressed. Staff feels the recommendations set forth in this report are financially viable, address issues concerning levels of landscape maintenance and custodial services provided and are fair to City employees. Copies of the agreements and specifications for landscape maintenance and custodial services are attached. Attachments awdcont, wah ATTACHMENT 1 CITY OF TUSTIN ORANGE COU ~TY, CALIFORNIA AGREEMENT AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES Field Services Division City of Tustin 1472 Service Road Tustin, CA 92680 (714) 573-3350 July 19, 1994 NOTICE INVITING PROPOSALS The City of Tustin is soliciting proposals for contract landscape maintenance services. The parameters are stated in the document, Landscape Maintenance Services Specifications and General Conditions, 1994 Your proposals, as submitted, should state your qualifications as they pertain to the requirements of this document. It is the intention of the City of Tustin to award this contract to the most qualified and competent bidder who meets the qualification requirements. Cost is a major factor but not the sole consideration. Preference will be given to proposals that include assimilation of the existing employees. PROPOSAL REQLrlREMENTS A. Prior to the award of the contract the Contract Officer will closely evaluate the qualification attachment. MANDATORY PRE-PROPOSAL TOUR - Each proposer must attend a mandatory Pre- Proposal tour scheduled for 10:00 a.m., Tuesday, February 8, 1994, to begin at the City of Tusfin Maintenance Yard located at 1472 Service Road, Tustin, CA. Each proposer shall visit the proposed work site to become fully acquainted with the conditions and possible difficulties associated with the performance of the contract. The Contractor shall be held responsible having carefully reviewed all work sites and verifying the square footage and dimensions of each location of the proposed work. D. Employee Assimilation 1. Proposals that include assimilation of the existing employees will be given some degree of more favorable consideration, all other factors being equal. The proposers are requested tO offer appropriate and comparable employment to all current full-time employees of the City who shall have been serving in such capacities for at least ninety (90) days prior to award of contract. The following is the number of employees currently providing such designated services: CITY CLASSIFICATION NO. OF POSITIONS Landscape MaintenanceWorker 6 MONTHLY SALARY RANGE $2,217.00 to $2,971.00 In the first year of the contract, assimilated City employees shall be paid the basic hourly rate which Contractor pays and/or proposes to pay any other employee who performs comparable work. 4. Right of First Refusal Right of First Refusal for Employment Openings: The Contractor will give the right of first refusal for employment to Department employees. Such offers will be in writing and remain open for a period of fifteen (15) calendar days. Written notice will be given to each employee based on addresses provided by the Contract Officer. The employee would then issue a written acceptance. The Contractor will not employ other individuals until Department employees currently occupying generally comparable positions affected by the contract have been offered employment and have accepted, refused, or not responded within the fifteen (15) calendar day period. E. No additional compensation or relief from any obligations of the contract will be granted because of lack of kn0wledge of the site or conditions under which the work will be accomplished. F. Bond Submittals 1. "Proposal Bond", cash, cashier's check or other qualified security satisfactory to City in an amount of not less than 10% of the proposal amount of the contract price shall accompany all proposals. The bond shall be secured from a surety company satisfactory to the City. 2. The successful proposer will be required to obtain and submit to the City, two (2) surety bonds. These bonds are as follows: a. "Labor and Materials Payment Bond: for not less than one hundred percent (100%) of the contract price for two (2) years. b. "Faithful Performance Bond" for one hundred percent (100% of the contract price for two (2) Years. Please submit your proposals, no later than 2:00 p.m., February 15, 1994, to: Valerie Whiteman Chief Deputy City Clerk CITY OF TUSTIN 300 Centennial Way Tustin, CA 92681-3539 If you have any questions please contact Mr. Robert Ruhl, at (714) 573-3350 between the hours of 7:30 a.m. and 3:00 p.m., Monday through Thursday. Robert E. Ruhl Manager Field Services CONTENTS SECTION A-1 -A-10 B-1 - B-4 C-1 - C-53 MAP TITLE .................... AGREEMENT .................... LEGAL RESPONSIBILITIES OF CONTKACTOK .................... SCOPE OF WORK .................... ONE (~) CITY OF TUSTIN LANDSCAPE MAINTENANCE SERVICE SPECIFICATIONS TABLE OF CONTENTS [] [] [] [] [] [] [] [] [] [] [] [] 1. SCOPE OF WORK EMPLOYEE ASSIMILATION STATEMENT ALTERNATE I ATTACI-I!VI~NT 'A' ATTACI-IM2ENT 'B' ATTACH]VIENT 'A' ATTACH/v~NT 'B' BID ALTEKNATE 3A BID ALTERNATE 3B ATTAC~NT D - QUALIFICATION STATEMENT MAP ATTACHlvIENT (1) SECTION A, CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES This agreement, made and concluded, in triplicate, this day of ,1994, between the City of Tustin, California, hereinafter called City, and hereinafter called Contractor. ARTICLE I. For and in consideration of the agreements contained herein herein the Contractor agrees, at this sole cost and expense, to do all the work and furnish all the materials such as are mentioned in the specifications, perform all the services, in a workmanlike and substantial manner and to the satisfaction of the City, in accordance with the Specifications and Contract Documents for contract landscape maintenance services attached hereto and incorporated by this reference as though set forth in full hereof, and specifications are hereby specifically referred to and by such references made apart hereof. Said specifications are on file in the office of the Field Services Manager of the City of Tustin, California. ARTICLE II. Contractor agrees to receive and accept the compensation prescribed in this contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all services prescribed herein; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Contract Officer under them. ARTICLE III. City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the amounts aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, .administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, Idnd and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workmen and the public, or damage to property resulting from the performance obligation of Contractor, and/or failure to perform, and/or misperformance, and/or by or in A-1 consequence of any negligence regarding the work, use of improper materials or equipment neglect or refusal of Contractor to faithfully perfo?m the work and all of Contractor's obligations under the contract, or by or on accoun(of'any art or omission by the Contractor or his agents or a subcontractor or his agents or a third party during or which might arise in connection with the agreed upon services to be performed by Contractor or is caused by or happening in connection with the progress of the services prescribed in this Agreement. The defense in indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE V. The Contractor shall take out and maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. The amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following endorsements must be indicated on all certificates of insurance: The City of Tustin, its elective and appointive boards, officers agents and employees are named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carded by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The polity covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse and underground hazards; 8. The policy covers products and completed operations; The policy covers use of non-owned automobiles; and A-2 10. The coverage shall not be canceled nor materially altered unless thirty (30) days' written notice is first given to the City of Tustin. Contractor shall furnish the City of Tustin proof of the required insurance on City's form of insurance certification and/or otherwise to City's satisfaction. ARTICLE VI. Each, every and all of the provisions contained in the attachments hereto, Section B (pages B-1 through B-6). Section C (pages C-1 through C-53) hereby are incorporated herein and then referenced as though set forth in full hereto and the parties hereof agree to be bound by all of the provisions contained in said attachments. A-3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN (Seal) BY: Mayor of the City of Tustin ATTEST: City Clerk of the City of Tustin CONTRACT AND BOND APPROVED: City Attorney APPROVED AS TO CONTENT: Date Field Services Manager Date CONTRACTOR Firm Name: (Seal) BY: TITLE: ATTACH PROPER NOTARY ACKNOWLEDGMENT FOR SIGNATLrp,.ES OF AUTHORIZED PERSON(S) A-4 Bond No. Amount Premium CITY OF TUSTIN SERVI~E CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and corporation organized and existing under the laws of the State of California, and duly authorized to transact surety business in the State of California,, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $75,000.00 for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated ,1994, with City to do and perform the following, generally described work, which is more particularly described in said contract, for services that consist of: LANDSCAPE MAIntENANCE SERVICES JANUARY 1, 1994 THROUGH DECEMBER 31, 1995 WHEREAS, all of such work is to be performed in accordance with the specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete such work as provided in said contract; and NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the herein above described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect iQ obligation on this bond and it does hereby waive notice of uny such change, ex'tension oft~me, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. A-5 IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of. , 1994. NOTE:Attach proper acknowledgments for both Surety & Principal. SURETY: (Seal) BY: Attorney-in-Fact Address of Surety: BY: APPROVED AS TO FORM: City Attorney PKINCIPAL: Address of Principal: (Seal) BY: BY: APPROVED AS TO CONTENT: Field Services Manager Date A-6 Bond No. Amount Premium CITY OF TUSTIN SERVICE CONTRACT LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety", are held firmiy bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $75,000.00 for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, principal has entered into a contract dated ,1994, with the City to do and perform the following, generally described work, which is more particularly described in said contract, for services that consist of: LANDSCAPE MAINTENANCE SERVICES WHEREAS, Principal shall commence and complete the work a provided in said contract; and NOW THEREFORE, if Principal shall pa5, the contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall pay the contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such work, then this obligation shall remain in full force and effect and such contractor, subcontractor and persons shall have a direct right of action against the Principal and Surety under this obligation, subject to priority of City. PROVIDED FURTHER. HOWEVER, that Surety stipulates and agrees that no change, ex~.ension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. A-7 IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 1994. NOTE: Attach proper acknowledgments for both Surety & Principal. SURETY: (Seal) BY: BY: (NAME) Attorney-in-Fact Address of Surety: (NAMe) Address of Principal: APPROVED AS TO FORM: City Attorney PRINCIPAL: (Seal) BY: BY: APPROVED AS TO CONTENT: Field Services Manager Date A-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to this employee." CONTRACTOR: BY: TITLE: COMPENSATION I]~SU-RANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT A-9 SECTION B RESPONSIBILITIES OF THE CONTRACTOR 1. WORKER'S COMPENSATION INSURANCE Contractor shall take out and maintain, during the life of this contract, worker's compensation insurance for all employees employed in the performance of the work to be performed pursuant to this contract, and if any work is sublet, Contractor shall require subcontractor similarly to provide worker's compensation insurance for all of the latter's employees. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. 2. PUBLIC LIABILITY AND PROPERTY'DAMAGES Contractor shall take out and maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims that may arise from operations or performance under this contract. The amount of the insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. Contractor shall provide City with a certificate of insurance on City's form, or otherwise to City's satisfaction, which evidences the required insurance. Refer to sample certificates last page of Section A. This certificate shall be submitted with the contract documents. The following endorsements must be indicated on the certificate: a. The City of Tustin, its elective and appointive boards, officers, agents and employees are named as additional insurers in the policy as to the work being performed under the contract; b. The coverage is primary and no other inst~rance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; c. The policy covers blanket contractual liability; d. The policy limits of liability are provided on occurrence basis; e. The policy covers broad form property damage liability; f. The policy covers personal injury, as well as bodily injury liability; g. The policy covers explosion, collapse and underground hazards; B-1 h. The policy covers products and completed operations; i. The policy covers use of non-owned automobiles; and j. The coverage shall not be canceled nor materially altered unless thirty (30) days written notice is first given to the City of Tustin. 3. ASSIGNMENT OF CONTRACT Contractor shall under no circumstances assign this contract to another party without the express consent of the City Council. 4. FAILURE TO PERFORM If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this Contract, the City, after written notice to the Contractor, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor; provided, however, that the Contract Officer of said City shall approve.such action and certify the amount thereof to be charged t the Contractor. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, services, materials and equipment and performing the work as provided in this contract is at the express consent of the City Council. 5. TERMI'NATION PRIOR TO EXPIRATION OF TERM The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. 6. TERMINATION FOR DEFAULT OF CONTRACTOR If termination is due to the failure of the Confractor to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that the City shall use reasonable efforts to mitigate damages, and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed to City. B-2 7. PERFORMANCE AND PAYMENT BONDS The Contractor shall secure the City of Tustin for the faithful performance of his duties and payment of lawful obligations under this contract by means of a Faithful Performance Bond in the amount of $75,000.00 and a Labor and Materials Payment Bond in the amount of $75,000.00 whereby the City of Tustin shall be made beneficiary thereof and all costs and premiums shall be paid and said contractor. Said bonds will be furnished on a year to year basis and shall be issued by a surety company rated Grade A or better and Class IX or better by the latest edition of Best's Key Rating Guide. 8. LAWS TO BE OBSERVED The contractor shall keep himself fully informed of all existing and future State and National Laws and all Municipal Ordinances and regulations of the City of Tustin which in any manner affect those engaged or employed in the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the Contract Officer in writing. 9. LABOR DISCRIMINATION Attention is directed to the Labor Code which provides that no discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every Contractor of public works violatir/g this section is subject to all the penalties imposed for a violation of the chapter. 10. PERIvI2TS AND LICENSES The Contractor shall procure all federal, state, county and city permits and licenses (City business license, etc.) that are necessary and incidental to the due and lawful prosecution of the contract. 11. PATENTS The Contractor shall assume ail responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work. B-3 12. PUBLIC CONVENIENCE AND SAFETY The contractor shall so conduct his operation as to cause the least possible obstruction and inconvenience to public traffic. The contractor shall fiarnish, erect and maintain such fences, barriers, lights, warning devices and signs or as may be deemed necessary by the City Engineer to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. 13. RESPONSIBILITY FOR DAMAGE The City of Tustin, the City Council, and the Contract Officer shall not be answerable or accountable, in any manner, for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or this public; for damage to adjoining property from any cause whatsoever during the progress of the work. The Contriictor shall indemnify and save harmless the City of Tustin, the City Council, and the Contract Officer from any suits, claims or actions brought by any person or persons for or on account of any injuries or damage sustained in or arising from the work or in consequence thereof. The City may retain as much of the money due to the Contractor as shall be considered necesiary, until disposition has been made of such. 14. INDEM]qll:ICATION, ETC Contractor shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by City, and for errors and omissions committed by Contractor, its officers, employees and agents, arising out of or related to Contractor's performance under this Agreement, except for such loss as may be caused by City's own negligence or that of it's officers or employee~;. B-4 SECTION C LANDSCAPE MAINTENANCE SERVICE SPECIFICATIONS AND GENERAL CONDITIONS CITY OF TUSTIN The Contractor shall provide the following services and meet the following specifications: 1. REQUIRED QUALIFICATIONS Lowest responsible, responsive bidder of the bid/proposal who complies with all the requirements prescribed who has accurately completed the Qualification Statement (Attachment 'D'). Preference will be given to proposals that include assimilation of the existing employees. One point will be awarded for each employee that is assimilated. 2. SCOPE OF WORK THE INTENT OF THIS AGREEMENT IS TO SECURE A CONTRACTOR THAT SHALL PROVIDE COIVIPLETE LANDSCAPE MAINTENANCE SERVICES. The City is interested in evaluating the cost difference of contracting complete landscape maintenance with the City paying for landscape related water and the contractor paying for all landscape related water costs. (The City's contractual operation has not been able to adequately monitor the use of its water resources and the requirements of various utilities as related to landscape.) Bid Alternates 3A and 3B are the Tustin Sports Park which is expected to be completed by December 1994. The Contractor shall furnish all labor, tools, materials, and equipment to provide landscape maintenance services as set forth in this Agreement. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Contract Officer, or his authorized agent, and comply with all sound landscape maintenance practices. All of the landscaped premises of the City shall be maintained at the level of service provided for in these specifications at all times. The Contractor shall have the duty to provide complete landscape maintenance of all work sites, including, but not limited to the obligation to perform the following: 1. Fertilize, prune, shape and trim trees, shrubs and ground cover plants. 2. Control weeds, plant diseases and :~ts. 3. Mow, edge, fertilize, renovate an :seed turf grass. 4. Program, maintain and keep in good repair all irrigation systems in their entirety. 5. Maintain and keep in good repair all hardscape areas and drainage systems. 6. Maintain all work sites in a safe, attractive and usable condition. 7. Maintain plant material in a healthy condition with horticulturally acceptable growth and color. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. The Contractor shall perform a weekly maintenance inspection, during daylight hours, of all areas. Such inspection shall be both visual and operational. It shall include, but not be limited to, the operation of all irrigation and/or other mechanical systems to check for proper condition and reliability. AREAS TO BE MAINTAINED A. Work sites may include medians, parkways, parks, slopes, greenbelt areas or natural areas. B. An identification of the areas to be maintained is provided in AREA INVENTORI~ES. C. Inventories supplied with this bid package are only approximate and may contain errors. LENGTIt OF CONTRACT This contract shall have a term of TWENTY-FOUR (24) MONTHS, from January 1, 1994 through December 31, 1995. Upon City's approval, one (1) year term extensions may be granted for up to a total of three (3) additional years. All optional extensions of this contrac'~ are subject to approval by the City Manager and are contingent upon funding and successful work by the Contractor as determined by City. All optional extensions must be approved in writing by the City Manager. DEFINITIONS Where "as directed", "as re: of similar importance are usr-. permission, approval or act '. "as permitted", "approved", "acceptance", or words ',all be understood that the direction, requirement, * of the City Manager is intended unless otherwise C-2 stated. As used herein, "provide" shall be understood to mean "provide complete", "in place", "this is", "furnish and install"; the work 'site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Contractor" shall be held to mean the Contractor and/or,any person employed by him and working under this contract. The use of the words "shall" and "may" shall be held to mean "mandatory" and permissive" respectively. The use of the words "his" or "him" shall be construed to mean either gender, as appropriate. VANDALISM/THEFT The Contractor shall be responsible for performing maintenance, repairs, and replacement of existing landscaped areas that are to be maintained under this contract and &those which are damaged or altered in any way as a result of theft and/or mysterious damages as well as those which are damaged by the performance of the Contractor.. Additional compensation will be provided only for the cost of parts that are directly related to the thet~ and/or vandalism; labor shall be provided by the Contractor at no additional cost to the City. The following conditions shall be met prior to the Contractor being reimbursed for the replacement parts: 1. Submit a proposal for the replacement part(s) costs. Secure authorization for the purchase of the replacement parts by the Contract Officer, or his delegated representative. 3. Submit a photocopy of the original invoice(s) for the replacement parts. Provide City with a copy &each report filed with the City of Tustin Police Department that relates to the specific incident, if required by the Contract Officer. ADDITIONAL WORK (CHANGE ORDERS) A. The City Manager may, at his discretion, authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the Agreement. B. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate oflabor and materials. No C-3 work shall commence without written authorization from the Contract Officer, or his delegated agent. Not withstanding the above authorization, when a condition exits where there is imminent danger of injury to the public or damage to properly, the Contract Officer may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Contract Officer for approval. Written authorization from the City Manager, or his delegated agent, shall be by the issuance of a City Change Order. This Change Order shall be considered an amendment to this Agreement and approved by the Manager and Contractor. All additional work shall commence on the specified date established and shall diligently proceed until completion. Upon completion of the additional work the Contract Officer, or his delegated agent, shall be notified so that the work may be verified. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. Compensation shall not exceed the written estimate. The Contractor's'invoice shall be subject to audit and review by the City prior to payment. The City of Tustin reserves the right to repair and/or contract with a third party to perform such additional work. CONTRACTOR LIABILITY Al! damage to existing improvements located within areas, and adjacent to areas under maintenance, which in the opinion of the Contract Officer are due to the Contractors operation, shall be repaired or replaced at the Contractors expense with similar materials and in an approved manner. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the Contract Officer or his representative. Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor's payment in the amount necessary to compensate the City for such repairs in the event such repair work is done by City forces or another course as stated in Section 51. Irrigation damage shall be repaired or replaced within the following time limits: 1. Mainline irrigation breaks shall be repaired within two (2) hours. All other irrigation repair and/or replacement shall be completed within one (I) working day. C-4 D. Ail damages to turf, ground cover, shrubs or trees shall be repaired or replaced within five (5) working days. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Contract Officer. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Contract Officer the damage is severe, the shrub shall be removed and replaced with a similar variety and size. 4. Damage to trees shall be repaired in the following manner: Minor damage such as bark lost from mechanical equipment shall be remedied by a qualified Tree Surgeon or Arborist. If the damage results in the loss of the tree, or a recommendation of removal, the damaged tree shall be removed and replaced with a similar variety and size. All damage resulting from chemical application and/or operation, either by spray-drift, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life. Ail work shall be inspected, verified, and completed to the satisfaction of the Contract Officer, or his authorized representative. INSPECTION The City shall inspect the work area every week to insure adequacy of maintenance and methods of performing the work are in compliance with the contract. However, such inspection or failure of City to inspect shall not relieve the Contractor of the duty to provide continuous inspection of the work area. If the Contract Officer determines that an emergency response is necessary, the contractor will have two (2) hours to respond. This will be at no additional cost to the City. Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner specified by the Contract Officer. C-5 ItAZARDOUS CONDITIONS It shall be the Contractor's responsibility to inspect and identify any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe practices occurring thereon. The Contract Officer shall be notified immediately, in writing, of any unsafe condition that requires major correction. The Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas and paving, using barricades or traffic cones to alert persons of the existence of hazards, replacing valve box covers and securing play apparatus so as to protect all persons from injury. The Contractor shall inspect all work sites for hazards, or potential hazards on a daily basis. During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the areas were inspected, any unsafe conditions and the action taken. The Contractor shall cooperate fully with the City of Tustin in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report there of to the Contract Officer within five (5) days following the 10. SAFETY The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, machines and materials or other hazards consequential or related to the work; furthermore, to accept the sole responsibility for complyihg with all local, County, State or other legal requirements including, but not limited to, OSHA and CAL-OSHA. The Contract Officer, or his representative, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. The Contractor shall so conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and Maintain such fences, barriers, lights and warning signs as deemed necessary by the Contract Officer. The Contractor must abide by the provisions of the "WORK AREA TRAFFIC CONTROL HANDBOOK" published by Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, (310) 202-7775. C-6 High Level Warning Devices provide advance warning ora work area by being visible to a driver even when the work area is obstructed from view by vehicles or construction equipment. High Level Warning Devices shall be at least 9 feet high with legs, a base, or truck mounting; designed to resist overturning in brisk winds. Sandbags may be used to add weight to the base or legs. High Level Warning Devices shall be equipped with a yoke at the top to accommodate at least three flags. Flags shall be fabricated of high visibility orange material and equipped with stays to keep flags extended. Torn or dirty flags shall be immediately replaced. The warning signs are intended to be permanently mounted to the High Level Warning Device. These signs must be approved by the proper authorizing agency. When required, all signs must be provided, installed and maintained by the Contractor. No signs or supports shall bear any commercial advertising. These warning signs shall be high visibility orange material with black lettering. High Level Warning Devices shall be used where indicated by the Contract Officer, such as, at street approaches to locations where construction or maintenance work is being' performed within or immediately adjacent to a traffic lane. Signs shall be installed immediately before work is to commence and must be removed immediately alter work is complete. The location of the signs will depend upon alignment, grade, location of street intersections, and posted speed limit. Signs shall face and be visible to oncoming traffic and be countered so as to resist displacement. The center of the warning sign shall be at least 4 1/2 feet above the roadway. The Advance Warning signs shall be located on the right hand side of traffic lanes. On divided roadways, supplemental Advance Warning signs shall be placed on the divider. Minimum Sign Placement From Work Area Advance Warning Sign Traffic Speed Placement 25 IvfPH 150 lt. 3O MPH 200 ft. 35 IVI?H 250 fi. 40 MPH 350 ft. 45 M?H 550 lt. 5O MPH 600 lt. 55 MPH 700 lt. C-7 11. REMOVING OBSTRUCTIONS AND MAINTENANCE OF EXISTING IMPROVEMENTS When the work thereunder involves performance upon City property, and when the proper completion of said work requires temporary or permanent removal, the Contractor shall, at his own expense, remove. Further, Contractor shall, without unreasonable delay, temporarily o/' permanently replace or relocate, to the satisfaction of the City and of any other person or agency having jurisdiction, all water pipes, gas pipes, drainage lines, irrigation lines, sewer lines, pipelines, conduits, culverts, roads, driveways, fences, bridges, railroad tracks, wires, poles, towers, retaining walls, buildings, curbs, gutters, concrete walks, trees, shrubs, lawns and all other improvements, of whatsoever character not required by law to be removed by the City thereof. All such improvements temporarily removed shall be maintained until permanently replaced, all at the Contractor's expense. Where the work is to be constructed in, or adjacent to, areas that have been improved by lawns, trees, shrubs, or gardens, the Contractor shall remove such trees or plants as may be necessary for the prosecution of the work and give them proper care and attention until the work has been satisfactorily completed, after which the Contractor shall replace them in as nearly the original condition and location as is reasonably possible. Where it is necessary to deposit the excavated materials on lawns during the process of construction, the Contractor shall first lay bu[lap or canvas on the lawn to prevent contact between the excavated material and the lawn. Unless otherwise indicated in the contract documents all utility lines, conduits, wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by him during the progress of the work, provided that should the Contractor, in the performance of the work, disturb, disconnect or damage any of the above, all expense arising from such disturbance or in the replacement or repair thereof, shall be borne by the Contractor. At least two (2) working days prior to commencing any excavation pursuant to this Contract, the Contractor shall contact Underground Service Alert or other appropriate regional notification center. 12. WORK SCHEDULE The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday; and 8:00 a.m. to 6:00 p.m. on Saturdays. Exceptions may be made to normal working hours, where incidence of use may be too great during the hours specified to allow for proper maintenance. The Contract Officer may grant, on an individual basis, permission to perform contract maintenance at other hours that are not in violation of the City's noise ordinance. No maintenance functions that generate excess noise that would cause annoyance to residents of any area shall be commenced before 8:00a.m. The Contractor C-8 shall establish a schedule of routine work to be followed in the performance of this contract. The Contractor shall submit to the Field Services Division a weekly detailed job schedule, time sheet, names and titles of all persons working on the project within ten (10) days after the start of the maintenance contract. Materials and/or chemicals to be used on any site shall be approved by the Contract Officer or his representative. The Contract Officer shall be notified within five (5) working days of any deviation from this schedule or material usage. The Contractor shall maintain and keep current a report from that records all on-going, seasonal and additional work main. tenance functions performed on a daily basis by the Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Officer and shall be submitted to the Contract Officer monthly. The monthly payment will not be made until such report is received by the Contract Officer. 13. CONTRACTOR STAFF The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the Contract Officer, all work required under this contract during the prescribed hours. The Contractor shall have competent supervisors, who may by be working supervisors, on the job at all times work is being performed who are capable to communicate effectively both in written and oral English, and discuss matters pertaining to this contract. Supervisors must be able to demonstrate to the satisfaction of the Contract Officer 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 that will be acceptable to the Contract Officer. Any order or communication given to t. he supervisor shall be deemed as delivered to the Contractor. 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. The Contract Officer may 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 of Tustin. The Contractor shall require each of his employees to wear basic public works working attire. These are basically proper shoes and other gear required by State Safety Regulation and proper wearing of the clothing. Shirts shall be worn and buttoned at all times; safety vests are required when indicated by the Work Area Traffic Control Handbook, or the Contract Officer. C-9 The Contract Officer may require the Contractor to establish an identification system for personnel assigned to service this Agreement that clearly indicates to the public the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Contract Off~cer. 14. LOCAL OFFICE The Contractor shall maintain an office with a telephone listed in the name of the firm, in the telephone directory for the area which includes the City of Tustin and shall provide at all times the following: A responsible person(s), employed by the Contractor, who shall have the ability to take necessary action regarding all inquires and/or complaints received from the City of Tustin. 2. This person(s) shall be reachable twenty-four (24) hours per day. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractor is notified of any communication within one (1) hour after receipt of said communication The telephone number(s) of the Contractor or responsible person(s) of the Contractor, shall be a toll-free number for calls originating within the Tustin City limits. During normal working hours, the Contractor's Supervisor, who is responsible for providing maintenance services, shall be available for notification through radio communication. 15. STORAGE FACILITIES The City of Tustin will not provide any storage facilities for the Contractor. 16. SIGNS A. The Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Contract Officer. B. The Contractor shall, at all times, remove all unauthorized signs and advertising matter in the area under maintenance. C-lO 17. LOCKS AND KEYS Where City of Tustin locks and keys are required as part of this contract, the Contractor shall: A. Not duplicate any coded City key'furnished by the City Field Services Division for access, and operation of the controller. B. Surrender all keys furnished by the City Field Services Division promptly at the end of the contract period, or at any time deemed necessary by the Contract Officer to prevent loss to the City of Tustin. C. Protect the security of City property by keeping controller cabinets and enclosure doors locked at all times. D. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the Contract Officer. 18. NON-INTERFERENCE The Contractor shall not interfere with the public use of the premises, and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public. Further, Contractor shall not disrupt the peace and quiet of the area within, which services are performed. 19. PARKING The Contractor shall park his vehicles and equipment within designated parking areas or in such locations as allows normal vehicular traffic. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA. 20. LITTER A. All areas in the work sites shall be kept free o£, hut not limited to, the following items: bottles, glass, cans, paper, cardboard, metallic items and other debris on a daily basis. B. The Contractor shall promptly remove from the work area all debris generated by his performance. C-11 21. USE OF CItEblICALS The Contractor shall submit a list of all chemical herbicides, pesticides and rodenticides proposed for use under this contract, for approval by the Contract Officer. Materials included on this list shall be limited to chemicals approved by the State of California Department of Food and Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current County of Orange Agriculture Commissioner regulations. No chemical herbicide, rodenticide or pesticide shall be applied until its use is approved, in writing, by the Contract Officer as appropriate for the purpose and area proposed. 22. DISEASE AND PEST CONTROL The Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. The Contractor shall advise the Contract Officer within four (4) days when any disease, snail, insect or rodent infestation is found; he shall identify the disease, snail, insect or rodent and specify control measures to be taken. Upon written approval of the Contract Officer, the Contractor shall implement the approved control measures, exercising extreme caution in the application of all spray materials, dusts or other materials utilized. Approved control measures shall be continued until the disease, snail, insect or rodent is controlled to the satisfaction of the Contract Officer. The Contractor shall utilize all safeguards necessary during disease, snail, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. C. The Contractor shall perform at his sole expense the following services: All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest control Adviser License is required prior to chemical application. All chemicals requiring a special permit for use must be registered by the Contractor w~th the County Agricultural comm~ssmne s office and a permit obtained with a copy to the Contract Officer prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Contract Officer on a monthly basis. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual", published by the University of California, will be adhered to. -C-12 23. WEED CONTROL For the purpose of these specifications, a weed will be considered as "any undesirable or misplaced plant". All areas within the specified maintenance area, including but not limited to turf grass, shrub and ground cover areas, planters, tree wells and hardscape areas shall be kept free of weeds at all times. C. Weed control shall be performed a minimum of one (1) time per week. D. Bare areas between plants shall be cultivated by hand on a weekly basis. Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Contract Officer may restrict the use of chemical weed control in certain areas. 24. WATER CONSERVATION The Contractor shall turn offall irrigation systems during periods of rainfall and/or times when suspension of irrigation is d6sirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. If water is found running, an equitable amount may be deducted from the Contractor's payment. 25. METHOD OF IRRIGATION Irrigation shall be done by the use of automatic or manual sprinkler systems where available and operable. However, failure of the existing irrigation systems to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with flail and proper coverage to all areas in the work site. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor SHALL furnish hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation. Care-shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. The Contractor shall provide water and irrigate all work sites where no irrigation system is present and plant material is stressed. 26. IRRIGATION INSPECTION A. The Contractor shall initially inspect and familiarize himself with the entire irrigation system at all work sites and identify all needed repairs. C-13 Required repairs shall be submitted to the Contract Officer in a written statement within two (2) weeks after the start date of the maintenance contract. If a written statement which documents required repairs is not received by the Contract Officer within the stated time frame, the entire system shall be interpreted as fully operational. The City shall review and verify all submitted repairs. Repairs may be completed by the following methods: 1. Authorize the Contractor to make appropriate repairs at the expense of the City as described in Section 7. 2. Use City forces to make required repairs. 3. Use another source to make required repairs. Upon completion of such repairs the Contractor shall sign off each individual area as being fully operational. The Contractor shall file a monthly statement with the Contract Officer Certifying that all irrigation systems are functioning properly. The Contractor shall inspect the operation of the irrigation system weekly for any malfunctions. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. All system malfunctions, damage and obstructions shall be recorded and reported to the Contract Officer and corrective action taken. 27. IRRIGATION MAINTENANCE AND REPAIRS A. The Contractor shall maintain all irrigation systems at no additional cost to the City, in such a way as to: 1. Guarantee proper coverage and full working capability 2. Make whatever adjustmen~:s may be necessary to prevent over spray or excessive runoff into street right-of-ways or other areas not meant to be irrigated. B. The Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves; all irrigation pipes; ail manual and automatic valves; pumps used for C-14 the irrigation systems; backflow devices; filters; strainers; pressure regulators; sprinkler heads; irrigation clamps and stakes; anti-drain valves; quick couplers; electrical wiring from the controller to the solenoid valves; emitlers; drippers; va]ye boxes; controllers; valve markers; batteries; fittings and risers. Maintenance includes, but is not limited to, tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers and backflow devices; adjusting sprinkler heads, anti-drain valves and pressure regulators; adjusting and Iobricating controllers and cleaning drip emitters. The Contractor shall repaint, by hand, all backflow devices, valve box llds, curb face and curb top, a minimum of one (1) time per year. Labor shall be provided at no additional cost to the City; however, the cost of paint shall be incurred by the City. Irrigation repairs shall be made within the following time limits: Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification. All other irrigation repairs shall be made within one (1) day of identification or notification. Replacement of irrigation components shall be with originally installed materials of the same size and quality. Substitutions must be approved by the Contract Officer in writing prior to installation. 28. IRRIGATION CONTROLLER LOG BOOK The Contractor shall furnish and maintain a controller log book inside each controller cabinet in a waterproof packet. A controller schedule shall be submitted for each controller within one (1) week after the start date of the maintenance contract to the Contract Officer for his review and approval. C. This controller schedule shall be entered into the log book upon approval. D. An entry shall be made in the log book each time a controller program is checked or a setting is changed. Ail changes in the controller schedule shall be submitted and approved by the Contract Officer prior to implementation of the requested change. C-15 29. The log book shall record the following information: 1. Date of the controller program check or change. 2. Results of the program check or reasons for a program change. 3. The name and initials of the person responsible for the check or change. Upon completion or termination of this Agreement the log book shall become the property of the City of Tustin. TURF GRASS CARE A. Turf Grass Mowing: 1. The Contractor shall mow all tuffgrass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades. 2. The blade adjustment shall provide a uniform, level cut without ridges, depressions or scalping. 3. All warm season turf grasses (Bermuda, St Augustine, Kikuyu) shall be cut with a real type mower at a one (1) inch height throughout the year 4. Turf grass mowing heights shall be adjusted by the Contract Officer during periods of tuff grass renovation. 5. All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating the work site after each mowing. 6. Care shall be exercised to .avoid depressions in the established grade from mowing when the soil is saturated. 7. A mowing schedule, established by the Contractor and approved by the Contract Officer, shall be maintained. a. All areas shall be mowed weekly.. B. Turf grass edging and trimming shall be performed weekly at the time of mowing. 1. Edging of turf grass shall be performed with a power edger containing a steel blade. C-16 All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds and where no improved surface existS, shall be edged in a neat uniform line. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area. Tree trunk protectors shall be provided and installed, at no additional cost to the City, when string trimmers are utilized for trimming around the base of trees. A four (4) inch barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean. Turf Grass Fertilization The tuff.grass shall be continually fertilized to provide a healthy and vigorously growing turf grass with horticulturally acceptable growth and color, as determined by the Contract Officer. Fertilization shall be performed with a balanced fertilizer, consisting ora 3-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area. The Contractor shall notify the Contract Officer, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following: a. Location and exact date the fertilizer application will be performed. b. Type of fertilizer a.nd method of application to be used. 4. The Contractor shall immediately irrigate after each fertilizer application. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application. C-17 Turf Grass Renovation I. All turf grass shall be renovated annually. 2. Renovation shall consist of aerating, verticutting, thatch removal and over seeding. 3. The Contractor shall notif~ the Contract Officer, in writing, five (5) working days prior to any renovation operation. This written document shall include the following: a. Location and exact date the renovation will be performed. b. Type of equipment and materials to be used. 4. The Contractor shall remove all renovation generated debris from the work site the day of the renovation operation and prior to vacating the work site. 5. Aerating shall be performed between March 1 and March 31. a. Aeration shall be performed with an aerator machine that has one-half (1/2) to one (1) inch in diameter coting times spaced no more than six (6) inches apart. The machine shall remove cores from the turf a minimum of two (2) inches in length. 6. Verticutting and thatch removal shall be performed between September 1 and September 30. a. The Contractor shall cut all warm season grasses to the soil line immediately before and after verticutting. b. The Contractor shall verticut all turf grass with a standard verticutting machine with verticutting blades' one (1) inch apart which penetrate to a minimum depth of two (2) inches below the soil line. 7. Over seeding shall be performed within two (2) days after verticutting with properly calibrated seeders. a. Warm season turf grass shall be over seeded with Certified Turf Type Tall Fescue, or an equal approved by the Contract Officer, at a rate of five (5) pounds per 1,000 square feet. Seed tags shall be retained and provided to the Contract Officer. b. The over seed shall be covered with one-eight (I/8) inch of topper, The topper must be approved by the Contract Officer and not contain Steer Manure. C-IS 8. Reseeding of bare spots shall be performed continually throughout the year to re- establish turf to an acceptable quality. a. Reseeding shall be performed with certified tuffgrass seed similar to the established tuff at a rate of eight (8) pounds per 1,000 square feet. b. Seed shall be topped with one-eighth (1/8) inch of topper. The topper must be approved by the Contract Officer and shall not contain Steer Manure. c. The Contract Officer may require the use of sod when deemed necessary. The Contractor shall be entitled to the wholesale cost of the sod only, provided the loss of' turf grass was not due to the negligence of the Contractor. Tuff Grass Irrigation 1. All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance. 2. Irrigation run-offand over spray shall be minimized. 3. Where possible the turf grass irrigation shall be on separate program from plant material irrigation. 4. Turf grass shall be irrigated in a method which promotes deep root growth. 30. GROUND COVER CARE Ground covers are Iow growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants.give a flat or two dimensional effect to the landscape. Some examples of ground cover are arctotheca, gazania, vinca, baccharis, ivy, trachelosperum and varieties of ice plant. B. Edging and Trimming of Ground Cover 1. Edging of ground cover areas shall be performed weekly. All ground cover adjacent to sidewalks, curbs, mowing strips or where no improved surface exists shall be edged in a neat uniform line. 3. All ground cover shall be continually trimmed at the drip line of all shrubs. C-19 4. All ground cover shall be continually trimmed along walls, valve boxes, water meter boxes, back flow devices or other structures located within the ground cover area as determined by the Contract Officer. 5. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage. 6. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site. 7. After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters. Cultivation of Ground Cover Areas The open soil between plants shall be cultivated weekly where the planting permits. Renovation of Ground Cover Areas Ground cover plantings shall be thinned and pruned for the health of the planting and the appearance of the site, or as required by the Contract Officer. Replanting of Ground Cover Areas 1. Replanting shall be required to maintain the continuity of the ground cover area. 2. Replacement material costs shall be incurred by the City; however, labor shall be provided by the Contractor at no additional cost to the City. Ground Cover Irrigation All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance. 1. Irrigation run-off and over spray shall be minimized. 2. Ground cover area shall be irrigated in a method which promotes deep root growth. Ground Cover Fertilization 1. The ground cover shall be continually fertilized to provide a healthy and vigorously growing ground cover with horticulturally acceptable growth and appearance, as determined by the Contract Officer. 2. The Contractor shall immediately irrigate after each fertilizer application. C-20 All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application. The Contractor shall notify the Contract Officer, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following: a. Location and exact date the fertilizer application will be performed. b. Type of fertilizer and method ofapplication to be used. 31. SHRUB CARE A. Pruning of Shrubs All shrubs growing in the work areas shall be pruned annually in February, or more frequently as determined by the Contract Officer, to encourage healthy growth habits, removal of dead or damaged branches and maintain natural shape. 2. Shrubs shall be pruned with sharp pruning tools. Shrubs shall be continually pruned as necessary, to prevent encroachment of passage ways, walks, streets and view of signs. Ali pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain. The Contractor shall remove ali clippings the same day shrubbery is pruned and or prior to vacating the work site. Pruning shall be done to maintain a well-groomed, laced-out appearance and encourage air movement through the shrub. Shearing, hedging or severe pruning shall not be permitted without prior written permission from the Contract Officer. The Contractor shall notify the Contract Officer five (5) working days prior to the annual pruning, in writing, stating the exact location and date the annual pruning shall be performed. Shrub Fertilization Shrubs shall be fertilized ag necessary to maintain horticulturally acceptable health and color. Foliar fertilization may be performed when appropriate. C-21 Irrigation of Shrubs 1. All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance. 2. Irrigation run-offand oversprary shall be minimized. 3. Shrubs shall be irrigated in a method which promotes deep root growth. Shrub Replacement 1. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species and size of plant material that existed. 2. Substitutions for any plant materials must have prior written approval by the Contract Officer. 3. Original plans and specifications shall be consulted to determine correct identification of species. 4. All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the Contract Officer. 32. TREE CARE A. Tree Trimming 1. The Contractor shall be responsible for all tree trimming. 2. All work shall be of the highest quality and performed in accordance with approved professional tree trimming standards. 3. All trees shall be pruned to remove or prevent encroachment where it blocks vision, or encroaches in any manner deemed undesirable by the Contract Officer. 4. All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. 5. All sucker growth is to be removed from trees as it occurs. 6. The Contractor shall maintain all branches which encroach sidewalks at a minimum height of a ten (10) foot clearance and a minimum fourteen (14) foot clearance for branches which encroach beyond the curb line into the street. C-22 7. All branches which encroach over private property shall be removed as directed. Tree Staking The Contractor shall, at no additional cost to the City, stake and tie all trees which require support. Tree stakes shall be pentachlorophenol treated, lodge pole pine not less than eight (8) feet in length for five gallon size trees, and not less than ten (10) feet for fifteen (15) gallon size trees. Two (2) tree stakes are required per tree. Guy wires, where required, will be of pliable, zinc-coated ten gauge wire (three ties per tree), and should have a white P.V.C. sleeve for visibility. Trees shall be secured to stakes with cinch ties or equivalent. The Contractor shall not use wire and hose. 5. Stakes shall not be placed i:loser than eight (8) inches from the tree trunk. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and re-tied as necessary to prevent girdling. Tree Replacement The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Contract Officer. Replacement shall be made by the Contractor with the kind and size determined by the Contract Officer. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contractor's payment. In all cases the value of the trees lost will be determined by the Contract Officer, using the l;~test American Shade Tree Conference guidelines for value determination. Downed trees, due to any cause, shall be removed and the stump ground to a depth of twelve (12) inches and re-filled the same day of identification or notification. Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor with a twenty-four (24) inch boxed tree and billed as "Additional C-23 Work" in Section 7. The Contract Officer may specify a species of tree for replacement different from the one lost. Fertilization 1. The Contractor shall fertilize trees as necessary to maintain horticulturally acceptable health and color. Tree Irrigation 1. All trees shall be adequately irrigated to maintain a healthy and attractive appearance. 2. Irrigation run-offand oversprary shall be minimized. 3. Trees shall be irrigated in a method that promotes deep root growth. 33. GENERAL CLEAN-UP Trash Removal - Remove all trash and accumulated debris from work sites. In addition, dog feces are also to be removed from the walkways, turf or ground cover areas. Policing of Areas; All areas under' maintenance and other designated areas will have trash removed between 7:00 a.m. and 9:00 a.m. daily, five (5) days per week, Monday through Friday. Curb and Gutter Maintenance - The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area. The Contractor is responsible to insure the roadway is cleared of all dirt and debris within four (4) feet of the curb and gutter in all areas adjacent to maintenance responsibilities. Walkway Maintenance - Walkways shall be cleaned immediately following mowing and edging. They shall be cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint and graffiti. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. Drain Maintenance - All drains and catch basins shall be kept free of silt and debris at all times. Removal of Leaves - Accumulatio. n of leaves shall be removed from all areas not less than once per week. C-24 34. NATURAL AREAS A. All natural areas shall be maintained in an existing state, except for the following items that shall be performed on a weekly basis at no additional cost to the City: 1. Remove all trash and debris or other items as determined by the Contract Officer, tO a legal dumping site. :2. Provide and maintain a fifteen (15) foot barren area adjacent to any improved are~t. 3. Remove and/or repair any dead or broken branches or safety hazards within two (2) hours of identification or notification. 4. Maintain all gates and entry ways in a safe and usable condition. 35. REPAIR OF WALKWAYS, SERVICE ROADS AND MISCELLANEOUS IMPROVEMENTS Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity &the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation as stated in Section 7. The Contractor will not be responsible for total replacement &roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence. Miscellaneous Improvements - It ~vill be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips or any other structural improvements within the work sites, unless otherwise specified. The Contractor shall be entitled to additional compensation for these services as stated in Section 7. 36. GRAFFITI The Contractor shall be responsible for removing graffiti, in the contract area, within seventy- two (72) hours &its appearance. The Contractor shall provide labor at no additional cost to the City; however, the City will compensate the Contractor for the wholesale cost of materials or specialized equipment upon receipt of photocopies of original invoice(s). . C-25 37. 38. EMERGENCY CALLS A. The Contractor shall provide the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of normal working hours and shall do so. B. Calls of an emergency nature received by the Contract Officer shall be referred to the Contractor for immediate disposition. C. If the Contractor cannot be reached within two (2) hours the City will deduct from the monthly billing the cost of City forces, or other sources, used to repair the emergency. EXTRAORDINARY SERVICES The Contractor shall be responsib!e for providing extraordinary maintenance repairs to existing landscape and new landscape areas. Extraordinary maintenance shall include answering emergency calls as required. The Contractor shall respond to an emergency call within two (2) hours. The Contractor shall maintain a twenty-four (24) hour per day on-call service for emergency calls. The Contractor shall notify the Contract Officer, or his representative, by telephone within twenty-four (24) hours of any emergency extraordinary work that is performed. Non-emergency extraordinary work requires written approval before the work is performed. The Contractor shall be compensated for extraordinary work as defined in Section 7, subject to a signed City Change Order. In situations involving emergency repair work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis. If a City Representative is still at the site when the Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with that responsible person. If the repair will take only a few minutes, the City Employee may stay to continue to direct traffic while the Contractor makes the repairs. C-26 If the repair will take longer than the City Employee can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the City Representative. An emergency may be called by the following individuals or agencies at any time for extraordinary services involving repair work: City Manager Assistant City Manager Director of Public Works Manager Field Services Contract Officer Supervisor Landscape Maintenance 39. REPORTING DAMAGE OR MALFUNCTION Any damage to, or malfianction of, any facility not specifically stated in this Agreement shall be promptly reported to the Contract Officer. 40. 41. AWARD OF CONTRACT AND EXTENSION OF TERM OF CONTRACT It is the intention of the City of Tustin to award this contract to the most qualified and competent bidder who meets the City's goals and requirements. Cost is a major factor but not the sole consideration. Employment of City employees shall also be a consideration. The Contract Officer reserves the right to extend or deny the one (1) year term extensions for up to a total of three (3) additional years beyond the original two (2) year contract period. EXECUTION OF CONTRACT The Contractor shall maintain all work under this contract fi.om date of award through termination of contract. The date of award shall 1Se determined by the Contract Officer, after the City Council accepts the submitted bid. The date of termination shall be November 30, for any give year; however, the Contract is subject to extension or termination as described in this Agreement. Approved Change Orders shall be completed within thirty (30) days of being issued in accordance with Section 7. C-27 42. 43. 44. E. Any documented punchlist shall be completed with fourteen (14) days. lfnot completed within fourteen (14) days, documented punchlist may be deemed as unsatisfactory performance and subject to termination procedures as described in Section C, Page C-33. COMPENSATION FOR ROUTINE MAINTENANCE A. The City shall compensate the Contractor at the bid item price per location, per month. B. Billing adjustments may be made where authorized by this Agreement. METHOD OF PAYMENT A. The Contractor will be paid monthly for satisfactory work performed under this contract. B. On or about the first of each month, the Contractor shall submit an invoice and all reports required in the Agreement for work performed in the prior month. 1. This invoice shall be in accordance with the contract price and shall become the basis for payment. 2. This invoice shall be subject to review and approval by the Contract Officer. 3. All submitted invoices, approved by the Contract Officer, shall be paid within 30 days of receipt by the City of Tustin Finance Department. 4. Any charges in the invoice not approved by the Contract Officer shall not be paid by the City. ADDITIONAL LANDSCAPE AREAS The Contractor shall maintain, at a unit price comparable to other existing landscape areas and subject to the City Manager's written approval, additional landscape areas that the City adds to this contract. In the event that notification is made of a new installation other than at the beginning of a monthly period, the unit cost negotiated and agreed upon by the parties, shall be pro- rated from the day the Contractor is notified to start maintenance. The City may elect to delete work sites, or portions thereof, within this Agreement at a unit price comparable to the bid price of said work sites. C-28 45. DISCREPANCIES OR OMISSIONS A. Should a bidder find discrepancies or omissions in the specifications or other documents, or be in doubt as to their true meaning, he may request a written interpretation from the Contract Officer. B. Any interpretation or change in the proposed documents will be made only by addendum issued to each person to whom bid forms have been issued and shall become a part of the bid. 46. CONTRACTOR NONCOMPLIANCE A. If the Contract Officer determines that there are deficiencies in the performance of this Agreement, the Contract Officer will provide a written notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be determined by the Contract Officer, to correct the specified deficiencies. B. Should the Contractor fail to correct any deficiencies within the stated time frame, the Contract .Officer may exercise the following measures: 1. Deduct from the Contractor's payment the amount necessary to correct the deficiency. 2. Withhold the entire or partial payment. 3. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead. 4. Deduct pro-rate from the Contractor's payment the amount calculated from the "Supplemental Maintenance Task Cost Breakdown" for work not performed. 5. Deduct liquidated damages. a. Since it is extremely difficult to set the amount of actual damages which will result from failure to correct a deficiency in the system it is agreed that liquidated damages of $1,500.00 per day, or a portion thereof shall be assessed against Contractor for each deficiency that exceeds the stated time frame. b. This amount shall be deducted from the Contractor's payment. C-29 47. PAYMENTS WITIlIIELD The City may withhold entire or partial payment for reasons as follows: Work required by the specifications that is defective, incomplete or not performed. Claims against the City that are filed or reasonable evidence indicating probable filing of such claims. Failure of the Contractor to make payments properly to subcontractors, or for materials and/or labor. A reasonable doubt that the Contractor will not complete its required performance for the remaining balance of the term of the contract. Reports, logs or written documentation required of the Contractor to be delivered to the Contract Officer which are incomplete or not performed. 48. CONTRACT TERMINATION The City reserves the right to terminate this contract at any time, with or without cause, upon thirty (30) days written notice to Contractor, except where termination is due to the fault of the Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Bo The Contractor shall obtain, at its own cost, a policy or policies of liability insurance of the type described below and satisfactory to the City, with City designated as an additional named insured. 1. Commercial General Liability Insurance The Contractor shall carry commercial general liability insurance covering third-party liability'risks, including contractual liability, in a minimum amount of $2,000,000.00, combined single limit per occurrence for bodily injury personal injury and property damage. C-30 The Contractor shall obtain commercial auto liability and property insurance covering any owned or rented vehicles of' the Contractor in the minimum amount of $250,000.00, combined single limit per person and $500,000.00 for property damage. Such insurance shall extend throughout the entire term of this Agreement. If the Contractor fails to meet the specifications of this contract for any fifteen (l 5) consecutive or non-consecutive days, the City may, at its option, terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect three (3) days aft. er such notice is mailed. In the event of termination, the bonds required shall remain in effect for six (6) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed. 49. COMPLAINTS FROM CITY The Contractor shall maintain a monthly written log of all complaints that includes the date and time received and the action taken or the reason for non-action. The monthly log of complaints shall accompany the monthly invoice. All complaints shall be abated as soon as possible after notification; but in all cases within twenty-four (24) hours, to the satisfaction ofthe Contract Officer. If any complaint is not abated within twenty-four (24) hours, the Contract Officer shall be notified immediately of the reason'for not abating the complaint, followed by a written report to the Contract Officer within five (5) days. If the complaints are not abated within the time specified, or to the satisfaction of the Contract Officer, the Contract Officer may correct the specific complaint and the total cost incurred by the City of Tustin will be deducted and forfeited from the payments owing to the Contractor from the City of Tustin. 50. HOLD HARMLESS AND CITY INSURANCE REQUIREMENTS The Contractor shall indemnify, hold harmless, and defend the City of Tustin, the Public Works Department, its officers, elected officials and employees, from and against all claims and demands for loss or damage to any person or property arising out of, or in connection with, the performance of the Contractor pursuant to this Agreement. Furthermore, the City shall be reimbursed for all costs and expenses, including reasonable attorney's fees, incurred in connection with the defense of any such claims and demands. C-31 The Contractor shall obtain, at its own cost, a policy or policies of liability insurance of the type described below and satisfactory to the City, with City designated as an additional named insured. 1. Commercial General Liability Insurance The Contractor shall carry commercial general liability insurance covering third-party liability risks, including contractual liability, in a minimum amount of $2,000,000.00, combined single limit per occurrence for bodily injury personal injury and property damage. The Contractor shall obtain commercial auto liability and property insurance covering any owned or rented vehicles of the Contractor in the minimum about of'$250,000.00, combined single limit per person and $500,000.00 for property damage, such insurance shall extend throughout the entire term of this Agreement. Worker's Compensation - The Contractor shall carry Worker's Compensation insurance in the amount required by California law covering all of the Contractor's personnel performing work in connection with this Agreement. The insurer shall agree to universal rights of subrogation against the City, its elected officials, offices, employees, consultants or agents for losses arising from the work done in connection with this Agreement. Certificates and Endorsements - Prior to the commencement of any work under this Agreement, Contractor shall provide certificates of insurance with original endorsements, and copies of policies, if requested, of the insurance policies required in this section. All policies required under section shall contain, or be endorsed to contain, the following provisions: Additional Insured - All policies shall include the City, its officials, officers, employees, and agents as insured, but only with respect to the operations of the ~ontractor relating to the performance of the services under the Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected officials, officers, employees or agents. Primary Coverage - The Contractor's insurance coverage shall be primary insurance as respects City, its elected officials, officers, employees and agents. Any insurance or self-insurance maintained by the City or its elected officials, officers, employees or agents shall be in excess of the Contractor's insurance and shall not contribute with it. C-32 Insurance to Appb; Separately to Each Insured - Coverage shall state that the Contractor's insurance si?all apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of the insurer's liability. Notice of Cancellation - Each insurance certificate required by this Agreement shall be endorsed to say that the coverage shall not be suspended, voided, canceled or reduced in coverage or limits except after thirty (30) days written notice, by certified mail, return receipt requested, has been delivered to the City. Rating of Insurer - Insurance is to be placed with insurers with a Best's rating of no less than A:VI, unless otherwise agreed to in writing by the City. Signature of Certificate - The certificates and endorsements required thereunder shall be signed by a person authorized by that insurer to bind coverage on its behalf. General Aggregates - Except with regard to Worker's Compensation Insurance, if any form of general aggregate limit is used for any insurance required under this section, either the general aggregate shall apply separately to this Agreement or general aggregate limit shall be twice the occurrence limit. 51. CONTRACTOR IS AN INDEPENDENT CONTRACTOR: INDEMNIFICATION The Contractor shall act under the contract as an Independent Contractor through the City of Tustin and will not be an agent, or employee of the City. The Contractor shall not represent or otherwise hold out itself, or any of its subcontractors, directors, officers, partners, employees or agents, to be an agent or employee &the City. The Contractor shall indemnify and otherwise hold harmless the City, its officials, officers, directors, employees, agents and other representatives, from all liability loss or damage (including reasonable attoyney's fees and other costs of defense resulting from damage or injury to persons or property cause, or claimed to have been caused, by acts or omissions of the Contractor, or of any of its subcontractors, directors, officers, partners, employees, or agents in the course of, or in connection with, the Contractor's performance under this contract.) The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. C-33 52. SUBCONTRACTOR - ASSIGNMENT OF CONTRACT Reference is hereby made to the provisions of The Subletting and Subcontracting Fair Practices Act (Government Code Sections 4100, et seq.), which are incorporated herein and made a part hereof by this reference. A copy of each subcontract, if in ~riting, or if not in writing, then a written statement signed by the Contractor, giving the name of the subcontractor, and the terms and conditions of such subcontract, shall be filed with the City before the subcontractor begins work. Each subcontract shall contain a reference to this Agreement between the City and the Contractor, and the terms of that Agreement between the City and the Contractor and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered there by. Each subcontractor shall provide for its annulment by the Contractor at the order of the City, if, in the City's opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractual relation between any subcontractor and the City or relieve the Contractor of any liability or obligation thereunder. The Contractor shall not assign, transfer, convey or otherwise dispose of this contract, or of his rights of interests in or to the same or any part hereof, without the previous consent in writing of the City. If the Contractor, without such previous written consent, assigns, transfers, conveys or otherwise disposes of the contract, or of his rights or interests therein, the contract may, at the option of the City, be terminated and revoked. The City shall thereupon be relieved and discharged from any and all liability and obligations arising out of the same to the Contractor and to his assignee or transferee. No right under the contract, nor any right to any money to become due thereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part there of unless authorized by the written consent of the City. 53. COMPLIANCE WITH THE LAW The Contractor agrees that his performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the city Of Tustin and any other political entity having jurisdiction over the activities of the Contractor. The Contractor State License Board for the State of California has administratively determined in writing that a C-27 Landscape Contractor License is required to provide the service as set forth in the contract and specifications. Therefore, each bidder will be required to hold a valid C-27 Landscape Contractor License. C-34 C. The State of California Department of Food and Agriculture has advised the City of Tustin Department of Public Works of'the following: Prior to any pesticide application a written recommendation from a valid, licensed California Agricultural Pest Control Advisor must be secured. A valid California Agricultural Pest Control Operators License is required to apply chemicals during the landscape maintenance operation. Each bidder shall be required to have valid Agricultural Pest Control Licenses, or indicate, in writing, how they shall comply with State and California Food and Agricultural codes. 54. PAYROLL Section 1776, Chapter 1 of Division 2, from the California Labor Code requires that each Contractor and subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him. The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard. Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining Agreements filed with the Department of Industrial Relations. 55. LABOR STRIKE It shall be the responsibility of the Contractor to provide continuous maintenance services without interruption. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide a comparable continuous service as if there were no strike. Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. C-35 56. LABOR STANDARDS PROVISION In accordance with the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages for each craft, or type of workman and mechanic needed to execute the contract, in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holidays and overtime work, as determined by the Manager of Industrial Relations of the State of California, shall be paid to all workmen employed. 57. LABOR DISCRIMINATION Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: "No discrimination shall be made in the employment of persons for Public Works contracts because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for Public Works contracts violating this section is subject to all the penalties imposed for a violation of this chapter". A copy of the Certification on Non-Discrimination by Contractors as provided with this specification, shall be executed by each Bidder and submitted with his proposal and bidding documents. 60. APPRENTICESHIP STANDARD Where required under law, the prime Contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 177.5 of the California State Labor Code. 61. PATENTS The Contractor shall assume ail responsibilities arising from the use of patented materials, equipment, devices, or processes used on, or incorporated in the work. 62. ANTI-TRUST CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15), or under the Cartwright Act (Chapter 2 of C-36 L.N~DSCP.CNT Part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. 63. NOTICES Any notice, demand, request, consent, approval or communication that either party desires, or is required to give to the other party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by facsimile followed by mailing of said notice. Any notice, demand, request, consent, approval or communication that either party desires, or is required to give to the other party, shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) City working days from the time of mailing if mailed as provided in this paragraph. Address for notification: City of Tustin 300 Centennial Way Tustin, CA 92680 FAX No. (714) 736-2399 Contractor: C-37 EMPLOYEE ASSIMILATION STATEMENT CITY NO. OF CLASSIFICATION POSITIONS Maintenance Worker 6 MONTHLY SALARY RANGE $2,217.00 to $2,971.00 NUMBER OF CITY EMPLOYEES I WILL ASSIMII~ATE ~ CONTRACTOR By: Title: C-38 ALTERNATE I The following areas are to be considered for complete and inclusive landscape maintenance as per the specifications and the individual attachments. The areas are representative and measurements are to be taken by the contractor; however boundaries are to be all inclusive in your bid item price. Please include your cost per square foot, per month, for any additional work. Alternate I, Attachment C CONTROLLER PROGRAMMING A. The Contract Officer may change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: Whenever possible, automatic irrigation shall be programmed to operate between the hours ofg:00 p.m. and 6:00 a.m. The Contractor shall be responsible for re- programming controllers during inclement weather to conserve water. In areas where wind creates problems of spraying water onto private property or road rights-of way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night between the hours of 12:00 a.m. and 6:00 a.m. Consideration must be given to the soil conditions; seasonal temperatures; wind conditions; humidity; run offand erosion potential and the relationship of conditions that affect day and night watering. Extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun or shade. Also, the variation in the size of plants, as well as varietal differences must be considered. The irrigation system will be controlled by the Contractor in such a way as not to cause an excessively wet area that could interfere with the Contractor's ability to mow all turf. A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth. C-39 ALTERNATE I (Continued) UTILITIES A. The City of Tustin shall pay for the maintenance related water and electrical utilities. B. Water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by the water utility. C. The Contractor may pay for all excessive utility usage and penalties. D. The excess cost will be determined by the appropriate utility company and the Contract Officer. E. The excess cost factor may be deducted from payments to the Contractor; however the Contractor will be allowed to explain the increase in utility usage prior to the actual deduction. CONTRACTOR By~ Title: C-40 ALTERNATE 1 A'I'I'ACHMENT 'A' TUSTIN RANCH ASSESSMENT DISTRICT PARKWAY AND SLOPE AREA BID ITEMS Map Attached (1) TOTAL CONTRACT ITEM APPROXIMATE UNIT PRICE MONTHLY ITEM NO. DESCRIPTION QUANTITY PER MONTH PRICE 1 Parkway Landscape Areas between curb and ~utter and walls. 1.610,810 S.F. $ 2 Slope Arca~ adjacent Io Jamboree Rd. between Tustin Ranch Rd. and Northerly Cil.v Limits. 697.885 S.F. $ $ MONTltLY TOTAL ANNUAL TOTAL ALTERNATE I - TUSTIN RANCH NON ASSESSMENT DISTRICT MEDIAN ISLAND BID ITEMS CONTRACT ITEM APPROXIMATE UNIT PR, ICE ITEM NO. DESCRIPTION QUANTITY PER MONTH TOTAL MONTHLY PRICE 3 Median Island Landscape on Jamboree Rd., Tustin Ranch Rd., Bryan Ave., Irvine Blvd., La Colina Dr., & Portola Parl~,ay 439,837 $.F. CONTRACTOR MONTHLY TOTAL $ ANNUAL TOTAL $ By: Title: C-41 ALTERNATE 1 ATTACItMENT 'B' NON TUSTIN RANCH ASSESSMENT DISTRICT MEDIAN ISLAND AND PARKWAY BID ITEMS Map Attached (1) TOTAL CONTRACT ITEM APPROXIMATE UNIT PRICE MONTHLY ITEM NO. DESCRIPTION QUANTITY PER MONTH PRICE 1 17th St. from SR-55 Frwy to Prospecl Ave. (South)- 3 Islands 4,661 S.F. 2 Irvine Blvd. from SR 55 Frwy to Newport Ave. - 14 Islands 13,445 S.F, 3 First St. from SR-55 Fr~9, to Newport Ave. -24 Islands 18.765 S.F, 4 Halls Circle Northerly of First St. - 21 Islands 1.170 $.F. 5 Fashion lane from First St. to lrviue Blvd. - 2 Islands 777 S88.F. 6 Newport Ave. from McFadden Ave. to h'vine Blvd. - 18 Islands 13.202 S.F. 7 Intersection of lrvine Blvd. at Old lrvine Blvd.- I Island 3.625 S.F. 8 Red Hill Ave. from Edinger Ave. Io Irvine Blvd. - 7 Islands 20.830 S.F. 9 Oxford Ave. from Walnut Ave. 1o Roanoke Ave. - I Island 4.550 S.F. 10 Sycamore Ave. from Red Hill Ave. to Alder Lane- 3 Islands 15~600 S.F. I I Walnut Ave. From Easterly of Browning Ave. to Myford Rd. - 9 Islands 12,759 885.F. 12 Tustin Ranch Rd. from Walnut Ave. to the I-5 Fr~.,y - I Island 36~067 S.F. 13 Tustin Ranch Rd. from Walnut Ave. to the I-5 Frw?. - 2 Parkxvay Areas 93.967 S.F. 14 Edinger Ave. from Jamboree Rd. to 2400 Ft. "*- Westerly - 2 Islands 18.32688 15 El Camino Real from First St. to Neap?on Ave. - 2 Parkways i L.S. 16 Intersection of El Camino Real and El Camino Way - 1 Island 2.650 S.F. 17 El Camino Way from El Camino Real to the Southerly terminus - 2 Pk~?s I L.$. CONTRACTOR By: Title: C-42 MONTHLY TOTAL ANNUAL TOTAL ALTERNATE I ATTACHMENT ADDITIONAL WORK TOTAL CONTRACT ITEM PRICE PER MONTHLY ITEM NO. DESCRIPTION SQ. FOOT PRICE 1 Sod $ $ 2 Sod With Trees 3 Shrubs With Trees 4 Bomanile MONTHLYTOTAL $ ANNUALTOTAL $ CONTRACTOR By: Title: C-43 ALTERNATEII The following areas are to be considered for complete and inclusive landscape maintenance as per the specifications and the individual attachments. The areas are representative and measurements are to be taken by the contractor; however boundaries are to be all inclusive in your bid item prices. Please include your cost per square foot, per month, for any additional work. The Contractor shall pay for all costs relating to landscape maintenance as described in the specifications. These bid item prices are to include all water costs. Past water costs are available for review at the Field Services office located at 1472 Service Road, Tustin, CA. Water rate increases/decreases by the water utility will be reviewed on a yearly basis by the City. Cost adjustments would be for the following one (1) year period. BID PROPOSAL The undersigned Bidder, having carefully examined the specifications contained herein, hereby proposes to furnish, in strict accordance with the specifications, the items listed below, for the prices entered herein. DESCRIPTION The City of Tustin is soliciting bids for landscape maintenance at various locations in the City. The Contractor shall provide management, supervision, labor, equipment and supplies necessary to accomplish the service as defined in the attached 'specifications. CONTRACTOR By: Title: C-44 ALTERNATE II A2~FACHMENT 'A' TUSTIN RANCH ASSESSMENT DISTRICT PA~CWAY AND SLOPE AREA BID ITEMS Map Attached (1) CONTRACT ITEM APPROXIMATE ITEM NO. DESCRIPTION QUANTITY TOTAL UNIT PRICE MONTHLY PER MONTH PRICE 1 Parkway Landscape Areas between curb and ~utlcr and walls. 1.610,810 S.F, $ $ 2 Slope Arcas adjacent to Jamboree Rd. between Tustin Ranch Rd. and Northerly Cily Limits. 697,885 $.F. $ $ MONTHLY TOTAL $ ANNUAL TOTAL $ ALTERNATE H TUSTIN RANCH NON ASSESSMENT DISTRICT MEDIAN ISLAND BID FI'EMS ri-l~M NO. CONTRACT ITEM DESCRIPTION Median Island Landscape on Jamboree Rd., Tustin Ranch Rd., Bryan Ave., lrvine Blvd., La Colina Dr., & Portola Parkway TOTAL APPROXIMATE UNIT PRICE MONTHLY QUANTITY PER MONTH PRICE 439.837 S.F. CONTRACTOR MONTHLY TOTAL $ ANNUAL TOTAL . $ By: Title: C-45 ALTERNATE I1 ATTACItMENT 'B' NON TUSTIN RANCIt ASSESSMENT DISTRICT MEDIAN ISLAND AND PARK~VAY BID ITEMS Map Attached (1) TOTAL CONTRACT ITEM APPROXIMATE UNIT PRICE MONTHLY DESCRIPTION QUANTITY PER MONTH PRICE 1 17th St. from SR-55 Frwy to Prospect Ave. (South) -3 Islands 4,661 $.F. $ $ 2 Irvine Blvd. from SR 55 Fr~'y to Newport Ave. - 14 Islands 13,445 S.F. $ $ 3 First St. from SR-55 Frwy to Newport , Ave. - 24 Islands 18,765 S.F. $ 4 Halls Circle Northerly of First St. - 21 I Islands 1,170 $.F. $ $ 5 Fashion lane from First St. to irvine Blvd. - 2 Islands 777 $.F. $ $ 6 Newport Ave. from McFadden Ave. to Irx4ne Blvd. - 18 Islands 13,202 $.F. $ $ 7 Intersection of Irvine Blvd. at Old Irvine Blvd. - I Island 3.625 S.F. $ 8 Red Hill Ave. from Edinger Ave. to Irvine Blvd. - 7 Islands 20,830 S.F. 9 Oxford Ave. from Walnut Ave. to Roanoke Ave. - ] Island 4,550 S.F. $ 10 Sycamore Ave. from Red Hill Ave. to Alder Lane - 3 Islands 15,600 $.F. $ I 1 Walnut Ave. From Easterly of Browning Ave. to Myford Rd. - 9 Isle's 12,759 S.F. $ $ 12 Tustin Ranch Rd. from Walnut Ave. to the I-5 Fr~? - 1 Island 36.067 S.F. $ $ 13 Tustin Ranch Rd. from Walnut Ave. lo the I-5 FrvQ/- 2 Park~vay Areas 93,967 S.F. $ 14 Edinger Ave. from Jamboree Rd. to 2400 Ft. ';- Westcrly- 2 Islands 18,326 $.F. $ 15 El Camino Real from First St. to Newpor~ Ave. - 2 Parkwa),s I L.S. $ $ 16 Intersection of El Camino Real and El Camino Way - I Island 2.650 S.F: $ $ 17 El Camino Way from El Camino Real to the Southerly lerminus - 2 P~'*)'s I L.S. $ $ CONTRACTOR MONTHLY TOTAL ANNUALTOTAL By: Title: C-46 ALTERNATE 11 A'FrACHMENT 'C' ADDITIONAL WORK TOTAL CONTRACT ITEM PRICE PER MONTHLY ITEM NO. DESCRIPTION SQ. FOOT PRICE 1 Sod 2 Sod With Trees 3 Shrubs With Trees 4 Bomanite M ONTIILY TOTAL ANNUAL TOTAL CONTRACTOR By: Title: C-47 BID ALTERNATE 3A The following areas are to be considered for complete and inclusive landscape maintenance as per the specifications and the individual attachments. The areas are representative and measurements are to be taken by the contractor; however boundaries are to be all inclusive in your bid item price. Please include your cost per square foot, per month, for any additional work. Alternate I, Attachment C CONTROLLER PROGRAMMING A. The Contract Officer may change fhe irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: Whenever possible, automatic irrigation shall be programmed to operate between the hours of 9:00 p.m. and 6:00 a.m. The Contractor shall be responsible for re- programming controllers during inclement weather to conserve water. In areas where wind creates problems of spraying water onto private property or road rights-of way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night between the hours of 12:00 a.m. and 6:00 a.m. Consideration must be given to the soil conditions; seasonal temperatures; wind conditions; humidity; run off and erosion potential and the relationship of conditions that affect day and night watering. Extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun or shade. Also, the variation in the size of plants, as well as varietal differences must be considered. The irrigation system will be controlled by the Contractor in such a way as not to cause an excessively wet area that could interfere with the Contractor's ability to mow all turf'. A soil probe shall be used to a depth &twelve (12) inches to determine the water penetration by random testing of the root zones. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth. C-48 BID ALTERNATE 3A (Continued) UTILITIES A. The City of Tustin shall pay for the maintenance related water and electrical utilities. Water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by the water utility. C. The Contractor may pay for all excessive utility usage and penalties. The excess cost will be determined by the appropriate utility company and the Contract Officer. The excess cost factor may be deducted from payments to the Contractor; however the Contractor will be allowed to explain the increase in utility usage prior to the actual deduction. TOTAL of parking3 lot area * $ $ MONTHLY TOTAL $ ANNUALTOTAL · Pm'k is not yet constructed and not expected to be completed until December 1994. Plans are available at the City of Tustin Field Services Office located at 1472 Service Road, Tusti~ CA 92680, for inspection and determination of approximate bid quantity. CONTRACTOR By: Title: C-49 BID ALTERNATE 3B The following areas are to be considered for complete and inclusive landscape maintenance as per the specifications and the individual attachments. The areas are representative and measurements are to be taken by the contractor; however boundaries are to be all inclusive in your bid item prices. Please include your cost per square foot, per month, for any additional work. The Contractor shall pay for all costs relating to landscape maintenance as described in the specifications. These bid item prices are to include all water costs. Past water costs are available for review at the Field Services office located at 1472 Service Road, Tustin, CA. Water rate increases/decreases by the water utility will be reviewd on a yearly basis by the City. Cost adjustments would be for the following one (1) year period. BID PROPOSAL The undersigned Bidder, having carefully examined the specifications contained herein, hereby proposes to furnish, in strict accordance with the specifications, the items listed below, for the prices entered herein. DESCRIPTION The City of Tustin is soliciting bids for landscape maintenance at various locations in the City. The Contractor shall provide management, supervision, labor, equipment and supplies necessary to accomplish the service as defined in the attached specifications. CONTRACT ITEM APPROXIMATE ITEM NO. DESCRIPTION QUANTITY I 1 I Landscaped A~eas °fPark inclusive I of parking3 lot area * TOTAL UNIT PRICE MONTHLY PER MONTH PRICE MONTHLY TOTAL.$ ANNUALTOTAL $ · Park is not yet constructed and not expected to be completed until December 1994. Plans are available at the City of Tustin Field Services Office located at 1472 Service Road, Tustin, CA 92680, for inspection and determination of approximate bid quantity. CONTRACTOR By: Title: C-50 ATTACHMENT 'D' QUALIFICATION STATEMENT FOR LANDSCAPE MAINTENANCE SERVICES JANUARY I, 1994 THROUGH DECEMBER 31, 1995 The Undersigned certifies under oath the truth and correctness of al statements and of all answers to questions made hereinafter. SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: CORPORATION PARTNERSHIP INDIVIDUAL OTHER 1. Bidder must submit a list of five (5) references in the Southern California area that indicate he has successfully completed or is presently engaged in, that are of at least of equal size and scope. The following is to be included with proposal: 1.1 Name and Location of Each Reference Name and Phone Number of Contact Contract Amount Scope of work with Bid Item Amounts 1.2 Submit a summary of all claims made in last five (5) years on the aforementioned projects. Name of Claimant Amount of Claim Nature of Claim Final Status of Claim 1.3 Largest number of personnel in past five (5) years. Number of Employees Year 1.4 Resume of type of work in which your firm possesses experience. 2. How many years has your organization been in business? C-51 3. How many years has your organization been in business under its present business name? 3.1 Under what other or former name(s) has your organization done business? 4. Ifa corporation answer the following: 4.1 Date of incorporation: 4.2 State of incorporation: 4.3. President's name: 4.4 Vice-president's name(s): 4.5 Secretary's name: 4.6 Treasurer's name: 5. If an individual or a partnership answer the following: 5.1 Date ~f Organization: 5.2 Name and address of all partners (State whether general or limited partnerships): 6. If other than a corporation or partnership, describe organization and name principals: C-52 7. List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List states in which partnership or trade name is filed. 8. We normally perform the following work with our own forces: 9. Have you ever failed to complete any work awarded to you? If so, note when, where, and why: I0. Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a construction contract? If so, attach a separate sheet of explanation. CONTRACTOR: BY: TITLE: C-53 ATTACHMENT 2 CITY OF TUSTIN ORANGE COUNTY,' CALIFORNIA AGREE_MENT AND SPECIFICATIONS FOR CUSTODIAL SERVICES Field Services Division City of Tustin 1472 Service Road Tustln, CA 92680 (714) 573-3350 -TABLE OF CONTENTS Sect~og A B C AGP~EEM~2~T FOR CUSTODIAL MAINTENANCE SERVICES . LEGAL R~SPONSIBILITIES OF COBT~ACTOR . 2. 3. 4. $. 6. 7. 8. 9. 10. 11. 12. 13. Workers' Compensation Insurance . Public Liability and Property Damages . Assignment of Contract Failure to Perform Termination Prior to Expiration of Term Termination for Default of Contractor Laws to be Observed Labor Discrimination Permits and Licenses Patents Public. Convenience and Safety . Responsibility for Claims, Injury and Damage Indemnification . CUSTODIAL MAINTENANCE SERVICES SPECIFICATIONS AND GEAq~RAL CONDITIONS . 1. Scope of Work . 2. General Requirements 3. Daily Cleaning A. Room, Common Areas and Miscellaneous Cleaning . B. Restroom, Showers, Locker Rooms and Gyms C.Entrances, Lobbies and Corridors D. Stairways (Interior and Exterior) and Parking Structures E.Elevators (Including Lobby Door) F.General Cleaning 4. Monthly Cleaning A. General Cleaning 5 Periodic .Cleaning A. Carpet Shampooing or Cleaning Hard and Resilient Floor Maintenance . (±) Pace A-1 B-1 B-1 B-1 B-2 B-2 B-2 B-2 B-3 B-3 B-3 B-3 B-3 B-3 B-4 C-1 C-1 C-1 C-3 C-3 C-5 C-6 C-7 C-8 C-8 C-8 C-8 C-8 C-9 Table of Contents (continued) Section Description ~aqe 7. 8. 9. C. Raised Access Floors (Includes Computer Rooms, Dispatch Areas, etc.) C-9 D. Vertical or Horizontal Mini and Venetian Blinds . C-9 Supplies C-9 Miscellaneous Requirements C-10 Additional Work C-ll Contract C-11 Attachments Attachment A - Attachment A-1 Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - Attachment G - Attachment H - Custodial Proposal Sheet Employee Assimilation Statement Approved Custodial Supplies Custodial Services Estimated Square Footage Qualification Statement for Custodial Services Price Request for Custodial Services Floor Care Estimated Maintenance Schedule Estimated Monthly Supplies Usage by'Facility Pool Maintenance Schedule C-13 C-14 C-15 C-16 C-17 C-20 C-21 C-22 C-23 (ii) SECTION CITY OF TUSTIN ORANGE COUNTY, C2tLIFORNIA AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES THIS AGREEMENT is made and entered into in triplicate, this day of , 1994, between the CITY OF TUSTIN, a municipal oorporation (hereinafter called "City"), and (hereinafter called "Contractor" ) . The term of this agreement shall be from , 1994 unless extended by written agreement 'executed by each of the parties. ARTICLE I For and in consideration of the payments and agreements set forth herein to be made and performed by the City, Contractor agrees at its own cost and expense, to do all the work prescribed herein in a neat, efficient workmanlike manner and furnish all the materials described in the specifications furnished by City necessary to maintain all City Buildings and offices in a clean and orderly condition and to the satisfaction of City, in accordance with all of the provisions of the Custodial Maintenance Sez-vices Specifications and General Conditions set forth in Section C of this Agreement. ARTICLE II Contractor agrees to receive and accept the amounts set forth in this Agreement as full oompensation for furnishing all materials and performing all work contemplated and specified in this Agreement and for all loss or damage arising out of the work aforesaid, from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work and for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in A-1 the manner and according to such specifications and the requirements of City consistent with the specifications. ARTICLE III City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the amounts of money prescribed herein, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth herein; the parties for themselves, their heirs, executors, administrators, successors and assigns hereby agree to the full performance of all covenants and agreements herein contained. ARTICLE IV Contractor hereby agrees to indemnify, defend, save and hold harmless the City and all officers, employees and agents thereof from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workmen and the public, or for damage to property resulting from the work performed by Contractor, failed to be performed by Contractor or by or in consequence of any negligence regarding the work, use of improper materials or equipment in performance of its duties prescribed herein or related thereto, or neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by Contractor or its agents or a subcontractor or agents or a third party. The obligation of defense and indemnification by Contractor shall include all costs and expenditures including attorneys' fees incurred by city or and/or its employees, officers or agents with respect to any such claim or suit and Contractor shall, if 'requested by City, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall be considered necessary in the sole discretion of city may be retained by City until disposition has been made of any claims for damages. ARTICLE V Contractor shall take out and maintain during the term of this Agreement comprehensive automobile and general liability insurance A-2 that p~ovides protection from claims which may arise from its operation and performance under T~his contract. The insurer shall be authorized to do business by the State of California as an admitted insurer in the State of California and have a Best's Rating of Class A or better and category VII. The amount of insurance shall not be less than the following: Single 'limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00 The following endorsements must be indicated on all certificates of insurance: City, its elective and appointive boards,' officers, agents and employees are named as additional insureds in the policy as to the work being performed under the contract. The coverage is primary and no other insurance carried by City will be called upon to contribute to a loss under this coverage. 3. The policy shall cover blanket contractual liability. 4. The policy limits or liability are provided on an occurrence basis. 5. The policy shall cover broad form property damage liability. 6e The policy shall cover personal injury as well as bodily injury liability. The policy shall cover products and completed operations.. The policy shall cover use of non-owned automobiles. The coverage shall not be canceled or materially altered unless thirty (30) days ~ritten notice is first given to City. Contractor shall furnish City with satisfactory proof of insurance coverage as required on the City's form of Certificate of Insurance and otherwise to City's satisfaction. ARTICLE VI Each, every and all of the provisions contained in the attachments hereto, Section B and Section C, are incorporated herein and then references as through set forth in full hereto and A-3 the parties hereOf agree to be bound by all of the provisions contained in said attachments. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. CITY CITY OF TUSTIN, a municipal corporation ATTEST: By :~ Mayor city Clerk CONTRACT APPROVED AS TO FORM: James G. Rourke, City Attorney APPROVED AS TO CONTENT: Field Services Manager CONTRACTOR By: Its: ATTACH PROPER NOTARY ACKNOWLEDGMENTS FOR SIGNATURES OF AUTHORIZED PERSON(S). ALL PURPOSE ACKNOWLEDGKENT STATE OF CALIFORNIA ) ) COUNTY OF ) On this day of sS: , Notary Public, , 19 , before me, personally appeared personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. NOTARY SEAL Signature of Notary CAPACITY CLaIMeD BY SIG~ER: Individual(s)- Corporate Officers Title(s) Partner(S) General Partner of a Limited Partnership Attorney-in-Fact Trustee(s) Subscribing Witness ~uardian/Conservator O~her: SIGNER IS ~PR~S~NTING: Name of Person(s) or Entity(ies) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT D~SCRIBED TO RIGHT: Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other Than Named Above: A-5 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF ) On this day of , 19 , before me, , Notary Public, personally appeared __ personally known to me - OR __proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. NOTARY SEAL Signature of Notary CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officers Title(s) Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee(s) Subscribing Witness Guardian/Conservator Other: SIGNER IS NEPR~S~NTING: Name of Person(s) or Entity(les) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE RIGHT: Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other Than Named Above: A-6 COMPENSATION INSURANCE CERTIFICATE I am aware of and shall comply with all of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure, the payment of compensation in one or more of the following ways: By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may'become due to this employee." CONTRACTOR By: Its: President COMPENSA~0N ~qSURANCE CERTr~CATF, TO BE SUBMITTED WITH CONTRACT CITY OF TUSTIN CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED NO MODIFICATIONS OR ADDITIONS MAY BE IVY. DE TO THIS FORM . CITY OF TUSTIN P.O. Box 3539 Tustln, CA 92681-3539 AME AND ADDRESS OF INSURED CONTRACTOR: AME AND ADDRESS OF INSURANCE AGENCY: PROJECT: CUSTODIAL MAINTENANCE SERVICES Company LeTter C Company Letler D Company LeTter E COMPANIES AFFORDING COVERAGE Company Letter F GE~ E~AL LLABILYTY Commercial General LJeblllty C~alm~ Mede [ ] OCC. O~r'$ & Contrectom' Protective [] [] AUTOMOBILE LIAEIUTY [ ] Any Auto [ ] AU Owned Aut~ [ ] Scheduled Au~ol [ ] Hired A~rt~ [ ] Non-Owned Auto; [ ] Garage t lability II Prod.-Cornpl Ope Agg. Peru. & Advg. Injury Each Occurrenc=e [Any One Per, on) CSL Bod~y Injury (Per Per. on) Bodily Injury IPer Occurrence) Property EXCESS LLA~IMTY EACH OCCURRENCE AGGREGATE [ }Umbrelia Form $ [ .~ Other Then UmbralJa Form WORKERS COMPENSA'~ON STATUTORY AND EMPLOYER'S LIABILITY $ Each Accident $ D;seese-Pollcy Emit OTHER ISSUED: ,C. utbor[zed Representa[ive of the above-named inGurance compai1y(;eL) SECTION B LEGAL RESPONSIBILITIES OF CONTRACTOR Workers' Compensation Insurance. Contractor shall take out and mal.ntaln, 'during the life of this contract, workers' compensation insurance for all its employees employed at the site of improvement,· and if any work is sublet, Contractor shall require subcontractor similarly to provide workers' compensation insurance for all of t-he latter,s employees. Contractor hereby agrees to save, defend, at its sole cost and expense, indemnify and hold City harmless from any and all claims, loss or damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance. 2. Public Liability and Property Damaqe~. Contractor shall take out and maintain during the life of this Agreement comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. The amount of the insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00 The following endorsements certificates of insurance: must be indicated on all City, its elective and appointive boards, officers, agents and employees are named as additional insureds in the policy as to the work being .performed under the contract. T~e J'coverage is primary and no other insurance carried by City will be called upon to contribute to a loss under this coverage. The policy shall cover blanket contractual liability. The policy limits or liability are provided on an occurrence basis. The policy shall liability. cover broad form property damage f. The policy shall cover personal i~jury as well as bodily injury liability. g. The policy shall cover explosion, collapse and underground hazards. h. The policy shall cover products and completed operations. i. The policy shall cover use of non-owned automobiles. The coverage shall not be canceled or materially altered unless thirty (30) days written notice is first given to City. 3. Assiqnment of Aqreement. Contractor shall under no circumstances assign this Agreement or any part of it to another party without the prior express written consent of city. 4. Failure to Perform. If Contractor neglects to prosecute the work properly or fails to perform any provision of this contract, City, after written notice to Contractor, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Contractor. 5. Termination Prior to ExDiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon .thirty (30) days written notice to Contractor, except that where termination is determined by City to be due to the fault of Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be deemed appropriate by City. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by City. Contractor shall be entitled to compensation for all services properly authorized and rendered prior to receipt of the notice of termination and for any services authorized by City thereafter. 6. Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this contract, city may take over the work and perform the work or cause the work to be performed by others selected by city. Contractor shall be liable to City to the extent that the cost 'for completion of the services prescribed herein exceeds the compensation prescribed herein to be paid to B-2 Contractor. City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed to City. 7. Laws to be Observed. Contractor shall keep itself fully informed of all existing and future State and national laws and all municipal ordinances, rules and regulations of City which may in any manner affects or may affect the work or those engaged or employed in the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with, and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders or decrees. If any discrepancy or inconsistency is discovered in the specifications or this Agreement in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Field Services Manager of the City of Tustin in writing. 8. Labor Discrimination.. Attention is directed to the laws which provide that no discrimination shall be made in the employment of persons because of race, color, ethnicity or religion and violation of such laws would subject Contractor to all the penalties prescribed by law. 9. Permits and Licenses. Contractor shall procure all required Federal, State, county and city permits and licenses necessary and incidental to the performance of the contract. 10. Patents. Contractor shall assume all responsibilities arising from the use of patentedmaterials, equipment, devices or processes used on or incorporated in the work. 11. Public Convenience and Safety. Contractor shall conduct its operations so as to cause the least possible obstruction and inconvenience to the traffic and the general public. 12. Responsibility for Claims, Injury and Damaq,.. City, its officers, employees and agents, shall not be answerable or accountable, in any manner, for any loss or damage that may occur to the wor~ or any part thereof, or for any loss or damage to any material or equipment used in performing the work, or for injury, death or damage to any person or persons, either B-3 workmen or the public, or for damage tO any property, from any cause whatsoever, during the progress of the work or at any time before final acceptance. Contractor shall save, defend, at its sole cost and expense, indemnify and hold harmless City, its officers, employees and agents from any suits, claims or actions of every name, kind and description brought by any person or persons for or on account of any injuries or damage sustained in or arising from the work or in consequence thereof. City may retain as much of payments otherwise due Contractor as shall be considered necessary ~until disposition has been made of any such claim or claims. 13. Indemnification. Contractor shall save, defend, at its sole cost and expense, indemnify and hold harmless City, its officers, employees and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by city, and for errors and omissions committed by Contractor, its officers, employees and agents, arising out of or related to Contractor's performance under this Agreement, except for such loss as may be caused by City's sole negligence or that of its officers or employees. SECTION C CUSTODIAL MAINTENANcE SERVICES SPECIFICATIONS A~D GENERAL CONDITIONS CITY OF TUSTIN 1. SCOPE OF WORK Contractor shall provide management, supervision, labor, equipment and supplies necessary to accomplish all custodial and floor care services at all City facilities as defined in these specifications. 2. GENERAL REQUIREMENTS A. General areas to be cleaned include: all 'restrooms~ including park restrooms, park facilities, trash containers, lobbies, open and private office areas, common areas, stairwells, interior fountains, training rooms, lunchrooms, breakrooms and kitchens, outside entrances, decks, interior and exterior balconies and patios, gyms, showers and locker rooms, display areas, dispatch areas, multi-purpose rooms, conference rooms and Council Chambers, elevated display areas, elevators, parking structures, large areas with wood floors, other portions of each, every and all of City's properties generally described in Attachment C hereto, "Custodial Services, Estimated Square Footage.- B. ~ours of Work. (1) The work described herein shall be performed after city's normal working hours (except such portions of premises which generally are occupied on a twenty-four hour basis) and at frequencies as shown on the bid sheet, Attachment A & F and these proposal documents' (2) The City's normal work hours are subject to change and contractor is responsible for accommodating the changing normal work hours. c. Contractor must provide at least one English speaking person on each work site at all times during which services are required by contract to be provided. D. only documented, authorized Contractor employees' are permitted on or in City facilities. All other persons are 'prohibited from entering any City-owned property or facilities. E. Each employee to be'used by Contractor on City property or facilities may not enter upon City's premises or work on city premises until the mandated documentation for eligibility to work has been received and approved by city. F. city reserves the right to increase or decrease the services and a reasonable amount of the fees of the Contractor. Services and fees for existing facilities shall increase or decrease at the aYerage rate per square foot of that facility. Services and fees for new facilities, when approved in writing by the city Manager, shall be added at the average rate per square foot for a comparable facility at the time of the addition. G. Contractor shall provide a supervisor to meet with the Field Services' authorized representative at designated dates and times or as directed by the Field Services' authorized representative to conduct inspections and resolve problems. H. Contractor must provide a working supervisor between the hours of 6:00 p.m. and 2:00 a.m. to be on call to resolve special cleaning problems or complaints. The working supervisor shall be available by beeper to clean facilities with special security requirements and move supplies, among facilities. The working supervisor shall provide his/her own transportation to travel between facilities. I. Contractor shall not move personal items cleaning (including items on desks, file cabinets, sinks, boxes on floors, etc.). or papers for counter tops, J. Contractor shall be responsible for guaranteeing that keys and card keys to the facilities are protected from theft or loss and shall immediately notify the Contract Officer in the event of theft or loss. Contractor shall be held responsible for costs associated with re-keying as a result of any theft or loss. K. Contractor shall attempt to remove all graffiti using approved custodial products and methods. Graffiti that cannot be removed in this manner is to be reported to the Field Services authorized representative. L. Contractor shall take all safety precautions to prevent' injury or damage to persons or property including, but not limited to, use of appropriate caution signage. M. Billing is to be on a monthly basis submitted to the Field Services Manager with a facility breakdown supplied on computer disk and hard copy acceptable to the Field Services Manager. C-2 3. DAILY CLEANING A. Room, Common Areas and Miscellaneous CleaninM. (1) Solid waste collection: Ail solid waste generated in buildings and from the exterior shall be collected and removed to the correct, designated areas as specified by the City... Waste receptacles shall be free of residue and plastic.liners shall not be torn, worn or contain residue. If a recycling program exists in the individual facility, solid waste designated by the City as recyclable material shall be collected and placed in the area determined by the City for disposal of recyclable material. Contractor shall ensure that garbage and recyclable material shall be kept separate and disposed of in the appropriate manner. (2) Ail horizontal, vertical and under surfaces shall be' free of dust, smudges or spots, and the corners, crevices, moldings and ledges shall be free of dust. NOTE: When dusting horizontal surfaces, papers and other items shall not be disturbed. (3) Basins (if free of personal items) and fixtures shall be clean, disinfected, and bright. There shall be no dust, stains or encrustation. Mirrors (except personal) and glass including, but not limite~4~o, doors, partitions, display cases, etc., shall be cl'ean and free of spots, streaks or soil substances. filled. (5) Ail paper towel and toilet paper dispensers shall be (6) Carpeted surfaces shall be maintained free of dirt, dust and other debris and foreign matter, Chairs and waste receptacles shall, be replaced in their original positions, taking care to.prevent damage to furniture and personal items. On a weekly basis, all spillages, dirt accumulation. cr crusted material shall be removed from carpets, as well as spots and stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing. Spot-cleaned areas shall blend with the adjacent areas of the carpet. (7) Hard floor surfaces shall be maintained clean and free of debris and foreign matterl No dirt shall be left in corners or on baseboards, behSnd doors or under furniture. Finished areas shall be safe from slipping, and shall have a uniform luster without unsightly finish buildup. C-3 NOTE: Special treatment is required on some City floors. Contractor is responsible for ensuring that correct products and methods as approved by the City, are used on the designated floors. Contractor may be held responsible for damages caused by incorrect products or methods. (8) Spots, smudges or other foreign markings on walls shall be removed without causing unsightly discoloration to the wall surfaces. (9) While there are no interior smoking areas in any public facility, outside areas for smoking shall be serviced to present an overall clean appearance, free of discarded materials. Ash trays shall be free of discarded butts, ashes, and other foreign matter. (10) Regular furniture, modular systems, upholstered furniture, and lunch area type furniture shall be free of dirt and dust and shall present an overall clean appearance. Contractor shall provide cleaning of upholstered furniture at the request of city at no additional charge. (11) Doors and kickplates, on both sides, shall appear clean and free of dust, dirt, streaks, and splashings. (12) When no w~iting is present, chalk and chalkless boards shall be free of marks, dirt, and streaks. Chalk trays shall be clean. (13) Miscellaneous counter tops, tables, chairs, sinks (if free of personal items), and fixtures are to be clean, disinfected, bright and free of dirt, stains, or foreign matter. (14) Contractor shall clean City Council Chambers and adjacent Conference Room as the last .custodial work performed each Sunday before Council meetings. Council Chambers shall also be cleaned after the regular, Monday night Council meetings, Planning Commission meetings and all other special meetings. The City reserves the right to revise this requirement if the regular meeting schedule changes. (15) On vending machines, all horizontal, vertical and under surfaces, corners, crevices, moldings and ledges shall be f~ree., of dirt, du~t and other debris or foreign matter. (16) The Police Department has areas· that require daily cleaning and an escort is required (Property Storage, Special Inv.estigations, .the City jail, the Police Chief's office area, · . etc.). .This will be coordinated with .the Police Watch Colander. C-4 (17) Park restroom facilities are to be attention on a daily basis to include trash removal trash receptacles. given special from all park (18) Kitchens and lunch rooms at the following locations are to be cleaned daily: Senior Center, Community Center and Civic Center. (19) Trash receptacles at McFadden and Santa Clara Parks shall be emptied daily. B. ' Restroom. Showers, Locker Rooms and Gy~. (1) Floor surfaces, including corners and baseboards, shall be'clean and free of dust, dirt or other foreign matter, dry, disinfected where appropriate, and shall present an overall appearance, of cleanliness. Walls, baseboards and other surfaces shall be maintained free of splashings and markings. Where applicable, as determined by the City, finished areas shall have a uniform, slip-free luster. (2) Ail fixtLhres shall be clean, disinfected, and bright. There shall be no dust, stains, or encrustation. Metal surfaces (including door kickplates) shall be kept clean and bright. (3) Waste receptacles and used. sanitary napkin containers shall be emptied and disinfected and new bags inserted (at least) once daily. (4) Mirrors shall be clean and free of spots, streaks, or soil substances. (5) All supply dispensers shall be maintained to meet the needs of the tenants and visiting population. (6) Restrooms shall be maintained free of discarded materials and trash and present an overall clean and sanitary appearance (visually and olfactorily). Special attention is to be paid to all restrooms as to detail, appearance and odor control. (7) - On walls, signs of stains, soil substances, graffiti or smudges shall be removed from surfaces, including partitions and stalls, insuring all sanitary conditions. (8) The gyms and locker rooms shall receive the cleaning requirements defined in III. Section A (above) for room cleaning. NOTE: Locker tops are to be dusted two tim~s per week. C-5 C. Entrances, Lobbies and Corridors. (1) Floor surfaces shall be maintained clean and free of debris or foreign matter. No dirt shall be left in corners or on baseboards, behind doors or under furniture. The finished area shall be safe from slips and shall have a uniform luster without unsightly finish buildup. Spot cleaning when required to remove smudges, marks; or spots shall be accomplished-without causing unsightly discoloration. (2) Carpeted surfaces shall be free of dirt, dust, spots, stains, spills and foreign matter, and fuzzing caused by harsh rubbing or brushing. Spot cleaned areas shall blend with adjacent areas of carpet. (3) All elevated display areas are to be cleaned. Metal surfaces shall be free of smears, smudges or stains. They shall be clean, bright and polished to a uniform luster. Wood surfaces shall be free of dirt, dust or streaks and shall present a polished finish. '~ (4) All horizontal, vertical and under surfaces shall be free of dust, smudges or spots. Corners, crevices, moldings and ledges shall be free of dust. (5) Glass surfaces shall smudges, debris. spots or ,soil substances. (6) Thresholds shall be be clean and free of dust, clean and free of dirt and stone wainscoting, surfaces smudges, dust and removable soil (7) On marble walls and shall be clean and free of substances. (8) On walls, spots, smudges, graffiti, or other foreign markings shall be removed without causing unsightly discoloration to wall surfaces. (9) Exterior entrances to sidewalks shall be slip free, clean and free of stains, dirt and other foreign matter. Waste. receptacles shall be emptied and new bags inserted once daily. (10) The fountain in the civic Center lobby and the wishing well in the civic Center area are to receive complete pool type maintenance that meets or exceeds manufacturer's maintenance recommendations. (See Attachment H.) NOTE: sidewalks are to be hosed weekly, including all park restroom areas. C-6 D. Stairways (Interior and Exterior) and Parkin~ Structure;~. · (1) Steps, tread, landings and risers shall be free of dirt, dust and other foreign substances, shall present an overall clean appearance, and shall be safe from slips. (2) Railings, ledges, grills, fire apparatus and doors shall be free of dust and other foreign substances. (3) Glass surfaces shall be clean and free of dust, smudges, spots or soil substances. stains. luster. (4) Metal surfaces shall be free of smears, smudges or They shall be clean, bright and polished to a uniform (5) Ail wall surfaces shall be free of dirt, soot, graffiti or streaks. (6) Public stairways are to be with these specifications on a daily basis. are to be cleaned on a weekly basis. cleaned in accordance Fire escape stairways (7) .Landscaped areas adjacent to the structure and graveled areas with trees shall be debris and raked daily. Police parking kept free from lots. (8) Sweeping/cleaning of parking structure and parking E. Elevators (Includinq Lobby Door). (1) All vertical and horizontal surfaces shall be clean and free of dirt, dust, smudges or other soil substances. All metal s~rfaces shall be free of smears, smudges or stains. They shall be clean, bright and polished to a uniform luster. (2) Floor tracks~'shall be free of cigarette butts, matches, dirt or other foreign matter. (3) Elevator matter, or other debris. spillages. carpets shall be free of dirt, There shall be no evidence of foreign spots or (4) Floor surfaces shall be clean and free of debris or foreign matter. No dirt shall be left in corners or on baseboards. The finished areas shall be safe from slips and shall have a uniform luster without an unsightly finish buildup. C-7 F. General Cleaninq. (1) Public ashtrays shall be free of nicotine stains, cigarette butts, ashes and other debris or spills, and shall present a clean appearance. (2) On drinking fountains, the fixture surfaces shall be clean and bright, free of dust, stains and streaks. Fountains shall be kept free of trash, ink, coffee grounds, etc., and the nozzles kept free of encrustation. Metal surfaces shall have a polished lustrous appearance. (3) On public telephones, all surfaces shall be clean and free of dirt, dust, smudges, streaks, or other soil substances. (4) Entrance, elevator, and walk-off mats shall be maintained clean and free of dirt, grime, stains and excessive buildup or crusted material. 4. MONTHLY CLEANING A. General Cleaninq. (1) In storage spaces, floors shall be clean and free of trash and foreign substances. No accumulation of debris shall be left in corners, under furniture or behind doors. (2) Cleaning of all surfaces approximately seventy inches (70") or more from the floor shall be maintained clean and free of dust, f~reign matter and soil substances. (3) Ail exterior windows are to be cleaned, interior and exterior. 5. PERIODIC CLEANING Contractor shall be responsible for establishing a maintenance schedule and maintaining the carpeted and hard surface floors in a clean, slip-free condition with a consistent general overall appearance of cleanliness as judged by the City. City reserves the right to approve the schedule and to' increase or decrease frequency as needed. (NOTE: A tentative schedule of frequency has been provided for information only. (See Attachment C.) The Contractor is ultimately responsible for providing a frequency of service that will satisfy the requirement of a clean, slip-free condition with a consistent general overall appearance of cleanliness as judged by the City. A. CarDet Shampooinc or Cleaning. Ail carpets shall be clean, free of spots, spillages and removable stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing. C-8 Contractor shall obtain City approval of the shampooing or cleaning method to be used. (Frequency as per Attachment F.) NOTE: Any furnishings moved during the carpet shampooing or cleaning program shall be placed in their original positions by Contractor. If necessary, non-absorbent pads or foil shall be placed between the carpet and the furnishings. Any rust or stains resulting from the Contractor,s lack of carpet protection shall be removed by the Contractor or by the City, at the Contractor,s expense. B. Hard and Resilient Floor Maintenance. Contractor shall strip, seal and apply three coats of floor finish or sealer to all hard and resilient floors such as concrete, brick, terrazzo, marble, granite, ceramic tile, vinyl, wood, linoleum, etc. Contractor shall obtain City approval of floor finishes and sealers and the cleaning method to be used. (Frequency as per Attachment F.) C. Raised Access Floors .(Includes Computer Rooms, Dispatch Areas. etc.). Contractor shall clean carpeted and resilient or plastic/laminate finished raised access floor tiles on a weekly basis. D. Vertical or Horizontal Mini and Venetian Blinds. Both sides of vertical or horizontal mini and venetian blind slats shall be clean and free of dust and dirt. This work shall be done on a quarterly basis. 6. SUPPLIES A. Contractor shall provide, order, store, and distribute all supplies and custodial products. B. Contractor shall obtain prior City approval for all supplies and products used at each facility. The City reserves the sole right to approve the supplies and products to be used; and may add or delete products from the approved list. The supplies and products that are approved for use are shown on Attachment B. No products or supplies packaged as aerosols shall be used. C. Contractor shall keep accurate records of the supplies and products used at each facility. Contractor is responsible for ensuring that facilities are adequately stocked to prevent unavailability of required supplies. Contractor will be billed for any costs related to supply or facility shortages that arise through negligence on the part of the Contractor. D. A report of the supplies and products used at each facility shall be supplied to the Field Services authorized · representative upon request. "Borrowing" from one facility to C-9 another will be permitted only if the transactions have been properly recorded. E. The City reserves the right to audit Contractor,s records of all receipts and expenses related to the providing, ordering, storing, and distributing of all custodial supplies and cleaning products. 7. MISCELLANEOUS REQUIREMENTS A. Exterior doors shall be kept closed and locked at all times when work is being performed to ensure building security. B. Immediately after cleaning areas, all general lighting is to be turned off (except in designated areas) for energy conservation. C. Lights shall be used only in areas where and at the time when work is actually being performed. D. Contractor's employees shall not adjust mechanical equipment controls for heating, ventilation, air conditioning systems, or sound systems (either built-in or personal). E. Water faucets or valves shall be turned off after use. F. Windows shall be closed and lights and fans turned off when not in use. All interior doors shall be locked after work has been accomplished. G. Security alarms shall be reset after all work has been accomplished. City may hold Contractor legally responsible for the cost of Police response calls, and for loss and damage by theft or vandalism resulting from inappropriately set or unset alarms. H. Contractor shall report: emergencies to 911; situations requiring immediate attention (such as overflowing toilets) to the Duty Supervisor; items in need of repair to the Field Services authorized representative. ~ NOTE: only. City telephones are to be used for this purpose I. Contractor shall lock rooms in security areas after cleaning add return keys to designated office. J. Contractor shall turn in lost and found articles to the Field. Services authorized representative. K. Contractor shall notify the Tustin Police when an unauthorized or suspicious person is seen on or about the premises. C-10 L. Custodial closets shall be kept neat, clean, safe, -and locked at all times. Floor sinks shall be kept clean. M. Any furnishings moved during the general or floor cleaning shall be replaced in their original positions. Contractor shall take protective measures to ensure that the building, furniture and personal items are not damaged when furniture is being moved.for cleaning...Any damages resulting from.Contractor,s work are the responsibility of the Contractor. N. When spills occur, Contractor shall perform appropriate research to determine the correct product, and shall' use the correct method, to clean up to prevent damage to floors, baseboards, walls, furniture, etc. O. Contractor's employees shall use only public pay phones while on City premises, unless an emergency situation as per VII, H. arises. Use of City's telephones is not permitted, and Contractor may be held responsible for unauthorized usage. 8. ADDITIONAL NOTE: The following price requests are to establish the cost of additional work and are not to be considered in proposal evaluations. A. Any extra services or changes in work to be performed from that detailed in these specifications must be approved in ~riting by the Field Services' authorized representative prior to performance of extra services or changes in work. B. Cost per hour to detail walls and partitions on request. C. Cost per hour to do general cleaning on request. D. Cost per hour to strip and refinish hard surfaced floors on request. E. ~Cost per hour to'extract or spin clean carpets on request. F. Cost per hour to clean upholstered furniture or panels on request. G. Cost per hour to clean raised access floor tiles on request. 9. CONTRACT A. The City anticipates a two year contract with two one year renewable options if the standard of work is acceptable to the Contract Officer. B. Termination of Agreement: The city reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to fault of the Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by t-he Contract officer, contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, city may cause the work to be completed by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the required services exceeds the compensation herein stipulated, provided that the city shall use reasonable efforts to mitigate damages, and city may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed to city. C-12 AT[ACItM ENT CUSTODIAL PROPOSAL SItEET DAYS COST PER GENERAL FLOOR PER A~NUA~ FACILITIES WEEK CUSTODIAL CARE TRASH SUPPLIES MONTH TOTAl Polic~ Department 7 City Hall/Parking Structure 5 Communit~ Building 7 Council Chambers 4 S.enior Citizen's Center 7 ~ I~NANCE FACILITY Administrative Offic~ WA ll=K OPERATIONS Adm~nistrafiw Offices $ Garag~ Ar~a CITY PARKS - All Re~troom.~ & Tr~h R~pm¢le~ tlu-ou~hou! E~¢h Park Camino Re~] Park 7 C~nlcnni~l Park 7 Columbus T~-tin Park 7 Frontier Park 7 Laurel Glcrm Park 7 Ma~olia Park 7 McFadden Parkctt¢ 7 P~p~rtr~ Park 7 P~n~tr~ Park 7 Sant~ C~ara Park 7 GRAND TOTAL MONTHLY GRA.ND TOTAL ANNUALLY CO T CTO By: ..., Title;' .. . ...., C- 13 A'I'TA CIFCVIENT 'A-I' EMPLOYEE ASSI2VU[LATION STATEMENT CITY CLASSIFICATION NO. OF POSITIONS Cu~odian 4 MONTHLY SALARY RANGE $2,217.00 to $2,971.00 NUMBER OF EMPLOYEES I WILL ASSIM~.&'rr: [----] CONTRACTOR By: '~' Title: C-14 Aq~FACHMENT APPROVED CUSTODIAL, SUPPLIES PAPER PRODUCTS ITEM PRODUCT NO. James Paver Bathroom Tissue 024 and 139 Shieldor Toilet Seat Covers 2103 James Paver Renaissanc~ White Multi-fold Towels 33230 James Paver Chiffon Two PI), Roll Towels 951 James River Toilet Tissue 101A PLASTIC TRASH LINERS TfH~SS SIZE 0.4 Md. or Thicker 24" x 23" 22" x 20" x 46" 1.8 Mil. or Thicker 1.$ Mil. or Thicker 22' x 14~' x 58' Floor care, carpet c~re, liquid hand soap and all other cleaning products are to be recommended by the con.actor and approved by the Git), representative. NOTE: City reserves ~e right to add or delete products from this list at any time. CONTRACTOR By: Title: cu~.cm C- '1 5 A ~ ~ACIIMENT 'C' CUSTODIAL SERVICES ESTIMcATED SQUARE FOOTAGES FACILITIES ADDRESS EST. SQ. FT. Police Department Centennial Way "' "'" ' ' ' :'" ': '-, '. -' 25,737 Police Dept. Parking Structure Centennial Way 60,000 City Hall Centennial Way 30,099 Council Chambers Centennial Way 20,000 Community Building Centennial Way 11,299 Senior Center 'C' Street 17,580 Water Operations E. Main Street 5,200 Maintenance Facility Service Road .3,600 McFadden Parkette McFadden & Pasadena Trash Only Santa Clara Park Marshall Lane (Fairmont/Santa Clara) Trash Only PARK RESTROOMS Magnolia Park 2282 Figtree Drive 422 Centennial Park 14722 Devonshire Avenue 225 Pinetree Park 1402 Bryan Avenue 225 Frontier Park 1400 Mitchell Avenue 432 Peppertree park 230 W. First Street 3312 Columbus Tustin Park 14721 Prospect Avenue 60C Camlno Real Park 13602 Park Center Lane 475 Laurel Glenn Park 13377 1/2 Myford Road 475 CON'ITLACTOR. By: Title: cus'r.ct~-r C- 16 ATTACHMENT 'D' QUALIFICATION STATEMENT FOR CUSTODIAL SERVICES , 1994 THROUGH DECEMBER 31, 1995 The Undersigned certifies under oath the truth and correctness of al statements and of all answers to questions made hereinatter. SUBMI 1 lED BY: NAME: .ADDRESS: '~'R.INCIPAL OFFICE: CORPORATION PARTNERSH]]> INDIVIDUAL OTHER 1. Bidder must submit a list of five (5) references in the Southern California area that indicate he has successfully completed or is presently engaged in, that are of at least of equal size and scope. The following is to be included with proposal: 1.1 Name and Location ofF. ach Reference Name and Phone Number of Contact Contract Amount Scope of work with Bid Item Amounts 1.2 Submit a summary of all claims made in last five (5) years on the aforementioned projects. Name of Claimant Amount of' Claim Nature of Claim Final Status of Clalm 1.3 ~a. gest number of personnel in past five (5) years. Number of Employees Year 1'.4 Resume of type of work in which your firm possesses experience. 2. How many years has your organization been in business? C-17 3. How many years has your organization been in business under its present business name? 3.1 Under what other or former name(s) has your organh~afion done business? '.4. Ifa corporation answer the following: 4.1 Date oflncorporation: 4.2 State of incorporation: 4.3. President's name: 4.4 Vice-president's name(s): 4.5 Secretary's name: 4.6 Treasurers name: 5. If an indivldual or a partnershlp answer the following: 5.1 Date of Organization: 5.2 Name and address of all partners (State whether general or limited partnerskips): 6. If other !hah a corporatlon or partners.hip, describe organization and name principals: C-18 List states and categories in wi~ich your organization is legally qualified to do business. Indic. am registration or license numbers, if applicable. List states in which partnership or trade name is files. Describe the work your orgas~i~-~tion normally performs with its own forces: l:Iave you ever failed to complete any work awarded to you7 If so, note when, where, and why: 10. Within thc last five years, has any officer or partner of your organization been an officer or panner of another organization when it failed to complete a contract? If so, attach a sep%rate sheet of explanation. CONTRACTOR: BY: C-19 A'I £ACIIMENT 'E' PRICE REQUESTS FOR CUSTODIAL SERVICES NOTE: Thc following price requests are to establish what additional work would cost and are not to be considered in proposal evaluations. ADDITIONAL WORK AS REQUES'r~:D COST PER HOUR iDetall Walls and Partitions Perform General Cleaning Strip and Refinish Hard Surfaced Floors Extract or Spin Clean Carpets Clean Upholstered Furniture or Panels Clean Raised Access Floor Tiles CONigACTOK By: Tiflei CUST.Ch~r C- 2 0 A']'wACHM ENT 'lc' FLOOR CARE ESTIMATED MAINTENANCE SCHEDULE DRY STEANI . BUFF & WAX STRIP, SEAL & WAX CLEA/ CLEAN VINYL & VINYL& TILE WOOD FACILITY CARPE'E CARPETS TILE FLOORS POLYC~E DEPAR~ Up~ 3 x Per Yr 1 x P~ Yr 52 x Per Yr. 2 x Per Yr. ~ R~mmend~ By ~n~or ';. Do~i~ 3 x Per Yr I x P~ Yr. 52 x Per Yr. 2 x P~ Yr. ~ R~end~ By ~n~or .~L Up~ 3 x Per Yr 1 x Per Yr. 52 x Per Yr, 2 x Per Yr. ~ ~d~ By Do~m 3 x Per Yr. 1 x Per Yr. ~2 x Per Yr, 2 x Per Yr. ~ R~d~ By ~n~aor ~C~ ~ 3 x P~ Yr. 1 x P~ Yr. 52 x P~ Yr. 2 x P~ Yr. ~ ~d~ By ~n~aor ~~ B~ -D~G ~ 3 x P~ Yr. 1 x P~ Yr. 52 x P~ Yr. 2 x Per Yr. ~ R~d~ By -~OR ~ 3 x P~ YL I x Per Yr. 52 x Per Yr. 2 x P~ Yr. ~ R~d~ By ~A~ OPtiONS 3 xP~Yr. I xP~Yr. 52 xP~Yr. 2 xP~Yr. ~ R~d~ ~~ Y~ A~fi~ O~ 2 x Per Yr. 2 x P~ Yr. ~2 x Per Yr, 2 x P~ Yn ~ ~d~ By V~de ~nt~ 0~ 2 x P~ Yr. 2 x P~ Yr. 52 x Per Yr. 2 x Per Yr. ~ ~d~ By ~ P~ FACet I~S 4 x Per Yr. PRO~Ci~ ~W ~ R~cnd~ B~GS :' By ~n~or CONTRACTOR By: Title.:. C-21 A'I-I ACItMENT 'G' ESTIMATED MONTHLY SUPPLIES USAGE BY FACILITY TOILET llAND TOILET SE.AT TR.&SI I TRYSIl TR.ASI! ~ IL~J~D -rowm.s T~SSUS COV~S ~C.S cs) ~cs ¢.0 · '~cs O0 so~ ~o~.~xo FACILIT~ (CA.';~ (C~q~/ (C~S~ (~OX') ~ox~ 0~OX) (C~L) Police Department City Hall Council Chambe~ Coummuuity Building. Senior Citizen's Center Water Operations Maintenance Facili~ PARK RESTROOMS Ma[mOlia Park Centennial Park Pin~ Park Frontier Parl~., Columbus Tustin Park Camino Real Park Laurel Glenn Park PROIEc-I ~ NEw BUILDINGS Columbus Tustin G?nnasium Sports Park Restrooms C ON?P-.ACTO R Title: C-22 A~ACHI~ENT ~{ POOL M3%INTENA/~CF. SCHEDULE This attachment has been prepared to familiarize you with the fountain systems, the individual mechanical and electrical components, and the proper operation and maintenance of the equipment. Proper and regular preventative maintenance is required to ensure a trouble free system operation, and a continuing, attractive water display. Ail equipment furnished and installed is warranted to be free from defects in materials, workmanship and operation for a period of one year from date of purchase. Failure of components due to misuse or to the absence of required periodic maintenance is not covered by this warranty. Should problems develop with the installation requiring assistance, or advice not included in this attachment, contact your installing contractor listed on the final page of this attachment. II. FOUNTAIN SYSTEMS The water display installed consists of a Model WB-22S-A3 Waterbox~ submersible fountain system. The WaterboxTM is essentially a sump unit containing the hydraulic equipment for the fountain feature. A. Dis la S stem. The decorative fountain system consists of a single nozzle 1~" passing through the grate at the top of the WaterboxTM. The feature is powered by the submersible pu~p located in the sump. The control valve is located in side the u/lit. (The handle of the valve must be removed after adjustment to prevent rusting.) B. Filter S stem. The filter system draws water from the skimmer in the pool and the filter Pump intake in the sump unit. After filtration, the water returns to'the pool through a discharge fitting in the wall of the fountain. C. Draina e S stem. The drainage system consists of two. parts. A floor drain with a threaded plug is located in the fountain ~loor and an overflow drain is located in the pool wall. The Waterbox unit bas a drain with an ex~ended handle just below the grate. D. Water Auto Fill. A small mechanical auto fill unit is located in the pool wall. The auto fill is activated by a float valve. III. FOUNTAIN ELECTRICAL CONTROLS A. Time ~loc~. There is one time clock which control the fountain filter system and the display system. This time clock is a seven day, twenty-four hour clock with a skip-a-day feature. IV. EQUIPMENT MAINTENANCE Periodically turn off the fountain grate covering the sump, and plump screens Remove and clean as required. system and check the for debris build-up. A. Fountain Controls. Periodically remove time clock mechanism from case and lubricate motor. Check on/off trippers to insure tightness. TURN OFF POW~K TO TIME CLOCK PRIOR TO MAINTENANCE OR SERVICING TO PREVENT SHOCK HAZARD. Test all of the Ground Fault Interrupters. B. Filter system. FILTER SYSTEM MTJST BE OFF BEFORE SERVICING. Periodically remove the cartridge filter. Using a strong spray from a nozzle on the end of a hose, wash dirt out of the filter by spraying water down the center (inside) of the cartridge. It is helpful to use two cartridge filters. While one is in service, the other can soak in a bucket of water with one cup of chlorine added. Cartridge should be replaced about once a year. The system is provided with an automatic bromine feeder that has. a control valve to increase and decrease the amount of chemical delivered to the fountain. The readings for bromine should be the same as the instructions for swimming pols and spas. Bromine can be purchased at the local swimming pool supply store and should be used per the manufacturer's instructions. C. 71ocr Drains. Periodically check the drain body for debris build-up and clean as necessary. The plug and base must be clean when the plug is replaced. Be sure that the closure plug is tight before· filling fountain. D. Junction Boxes. Periodically check lid gasket for cracks and abrasion and replace as necessary. ALL POWER TO THE FOUNTAIN MUST BE SHUT OFF PRIOR TO MAINTENANCE OR SERVICING TO PP~EV~T SHOCK HAZARD. E. Overflow Drains. Periodically check the drain body and drain line for debris build-up and clean as necessary. Insure grill plate is securely fastened to the drain body when in use. F. Time Clock. Periodically remove time clock mechanism from case and lubricate motor. Check on/off trippers to insure tightness. TURN OFF POWER TO TIME CLOCK PRIOR TO MAINTENANCE OR SERVICING TO PREVENT SHOCK HAZARD. WATER MAINTENANCE A. Drain the pool at least every one hundred eighty (180) days and replace with fresh clean water. This prevents mineral build-up in the water from evaporation. B. Algae is one of the most common and perplexing problems in maintaining a pool. The best way to control algae is' with the addition of bromine. Bromine can be purchased at the local swimming pool supply store and should be used per the manufacturer,s instructions. The system is provided with an automatic bromine feeder that has a control valve to increase and decrease the amount of chemical delivered to the fountain. The readings for bromine should be the same as the instructions for sw]~ing pools and spas. Do not use if fish are included in the water feature. ~AINTENANCE CHECK LIST AND SUGGESTED SCHEDULE A. Weekly. 1. Check for debris in fountain, especially in the pump sump area. Remove as required. 2. Test water and add swimming pool chemicals as required. Adjust dial on the brominator in the "Filter Box" to increase or decrease bromine flow. 3. Check cartridge filter and clean if needed. 4. Check water level of pool. If lower than normal, check float valve for proper operation. B. ~erv Six Months. 1. Clean submersible pump screens by removing and blushing or hosing off. 2. Grease all "O" rings on the filter and brominat6r. 3. Test circuit breakers and G.F.C.I. devices for proper operation. Repair or replace as necessary. C. Annually. 1. Check gaskets and "O" rings on filter and brominator. Replace as necessary. 2. Check cartridge filter and replace if requi~ed. 3. Check junction box lid gasket 'for' Cracks and abrasion. .Replace as required. VI. 4. Lubricate time clock motor. EQUIPMENT INSTAT.~.ERS AND SUPPLIER A. EoUiDment: 1. Large Pump - Model SFU- Series Manufacturer: Peabody BarneS'; Street, Mansfield, Ohio 44902; 522-1511. 651 North Main telephone (419) 2. Small Pu~p - Model B2400 Manufacturer: Calvert Engineering, 7051 Hayvenhurst Avenue, Van Nuys, California 91406; telephone (818) 781-6029 3. Cartridge Filter - Model C-250 Manufacturer: Hay~ard Pool Products, Inc., 2875 Pomona Boulevard, Pomona, California 91768; telephone (909) 594-1600 4. Brominator - Model CL 220 Manufacturer: Hayward Pool Products, Inc., 2875 Pomona Boulevard, Pomona, California 91768; telephone (909) 594-1600 Water Level Control System - Models RESW-200 and RIECL-200 Manufacturer: Roman Fountains, 8501 NE, Albuquerque, New Mexico 87184; (505) 82s-1801 Jefferson telephone OWNER'S GUIDE INSTALLATION AND OPERATING INSTRUCTIONS -- D® SPA E FEEDER · ~rHa~ar~'aut°~hcspab~inef~erlsd i . lablets ONLY N ~ S~tem wh~ dra~ w next Io ~her/pum s · oothert~eofche ' aler roughlhe~ · p ~[em. lio bromm~ and has a ' m~ should ~er ~ u ' ~er t u~ bromine s place in ,~- ~ -"= ~emng ~lween FULL ~m~r- ~ ~ ~"~ e mmm~um of [~r w~b ..... ~'= ,~er. This ~r Spa. ,- ...... ~lry aojust Ihe f~ role Ihati ~ ,~s orom ~) and Ihe a~un -'~[~ ~pas. CAU. TION _ READ CAREFULLy 2~is bromine feeder is designed to Use onl7 bromine sticks and bromine tablet~, b/EVER MIX with other type~ of sanit/zers or chemicals. Explosion or fire result .. may t~xerclse extreme caution when opening or servicing your feeder. AlWays shut offpump and avail':~]e valves before opening. Do not inhale fumes from any chemical .feeder or cOntainer. Pro~ect your eyes, skin and cloth- ' mg frorn:chemica]~ at all times. NEVER open brominator When Pump is rUnning To prevent build up O£gas in brominator, be Sure re- turn line ValveCs) is kept open ing/servicing unit. ~ except when open- AlWays read label and carefully £oIlow bromine man- U£acturer's. and dealer's recommendations for proper water conditioning and daily bromine requirements for your particular spa. DIRECTIONs FOR USE ~3e£ore Start up ofyour bromine f, be properly condition ,, ~_z L eeder, your spa should e~ .-,,u nave a bromine rcaidual of Check bromine residual daily and adjust the dlal val. for more or less bromine. Increasing the bromine in your feeder will extend quantity the time between r. charg~ngyour feeder with more bromine. EAS¥-LOK COVER TO OPEN: roi m-nne'valves to prevent bac flow - Jf applicable. Wal~. one 2. Turn knUr]ed Caution: Cover Cap counter-clockwise te Oper Do not iuhale fumes from brominator. TO CLOSE: . . 1. Press COver, with o-ring seal, firmly into body. En gage Cover Cap threads and turn clockwise to stoI lug. 2. Place Dial Control Valve to desired setting. Open in-line valve_~ and re-start pump. VACUUMING When vacuuming, close dial control Valve to.provera by-pass oF sediment and possible cloggt/.~ o~ control valve. ' ' TO CHANGE O-RING Pry olT/.ogo Cap. Unscrew and remove RcLainer SCrew. COver may now be slipped free o£ the Cover Cap. Re- approximately 2.0 to 4.0 Pp,n (residential use) or 3.0 to place o-ring. Reassemble being Sure Sllp Washers are · 5.0 Ppm (COmmercial USe). Follow dealer and chemical in place on Stem or Cover (inside) and under head o£ manufacturer's directions and instrUctions. The'brOmine demand for spas varies 5ased on USe, tern_ . retaining screw. · - . . perature, sunlight, etc. Initially, you'll hay Never use petroleum type lubricm'~'b ment to dete;~n;ne th- - e to expcri- . To ]ub,'icatc usc 'v · - s on Cover o-rinE the valve setti-- ~. ~roper amount or bro j cyc]e. Usin=~.'j~.re~'red For your Spa and ~Te.~nd only. , o~ Oar soap or Jack's No. 327 lug; %g.a~ut 3'bs.-r.~ ~ °~oe, we.sug~tv~. or incrdSse~ ' ~nc~mtvalvescttlnfiat~k ~ ~ you.~. .. wa~r from re a.. ~ . ,. . expcc~d,~romall'. umk% remove drain plug), Cnref. lly remove undis- C-2 7 'with writer. ![eplnce (4 var nnd en~;q~e l V= tt~rns. · "~.'~ ~',"'~"~ Ir~blALLA,'I'ION I,. ~osition bromlnator on level surface as close to the filter and pump as practical. 2. The Inlet connection will be made in the piping aider the pump and before the filter and heater. Mark pipe. 3. The Outlet connection will be made in the piping after the heater and filter. 1. Based on location oflhlo. 2 and No. 3, cut tubing to required lengths. Be S~'e ends are cut evenly and cleanly. . PUMP )NNECTION TO BROMINATOR Wrap three .wraps of Teflon tape on larger male thread of Inlet Adapte~ and thread securely,_~tito I/xTLE~ side ofbreminater (below dial valve), l~ote: '/'he Inlet Adapter and Check Valve Outlet Adapter look similar. 'x'be Check Valve Adapter has a 'dot' and a ball check that 'clicks" when you shake it. 6. Wrap Teflon tape on larger male thread of Check Valve (marked with dot) and thread securely into OUTLET side of bremin~tor. 7. To c~.nnect inlet tubing to brominater, place Com- pressrun Nut over inlet tubing and slide nut u~' about 2'. Insert the tubing all the way i~to the adapter socket and, holding tubing in place, tighten nut firmly by hand. Do not overtighten. 8. Make outlet connection in same manner as Step 71 INSTALLING IN PLUMBING LINE~. The Saddle Fittings and Clamps are designed to fit the O.D. of 1 ~h" or 2" pipe. 9. Ii'~oL~: Locat~ inlet connection afar pump and · before tilter and heater as in Step 2. Drill a hole in pipe. Clean burrs, shavings, etc. Fit Saddle Fitting, with gasket, into shaped hole in - clamp and insert fitting into 3/8' hole. Secure clamp around Saddle Fitting, gasket and pipe and tighten securely to achieve a good seal. Do not overtighten clamp. 10. O~: Locate outlet connection after the heater and after filter as 'in Step 3. Drill a 3/8". hole and install Saddle Fitting as in Step 9. 11. Connect plumbing inlet and outlet tubing with Compression Nuts as in Step 7. Do not ov~l~- tighten. NOTE: Alter starting up the system~,~.re.check all connections for leaks. Re-~gh,6~n as required. PART NO. DESCRIPTION NO. CL-2OO-E Logo Cap 1 CL-2OO.G Cover Retaining Sc~'ew 1 CL-2OO-W Slip Washer 2 CL.200-C.2 Co/er Cap 1 CL-2OO-B Cover 1 CL-2OO-K O-Ring I HAYwARD pOoL pRODu ; iNC..' ' C-28 ........ f cARTRIDGE FILTERS ~ODEL5 C-250 and C-500 '-- ~llons p~ hour (Model C-~0) an~ 3,~ ~1~ ~ ~ur [ModcJ ~500). Manufactur~ from mo~io~r~ mat~l~ ~cy arc d~i~ned f~ ~ntin~us or intermittent op~t~0'n~ f~ ins~uaflon ab~lutc si~ clement, reinforced ~lyc¢t~ fi t~ or~id~c to provide a high dc~ at wa[~ c~rity minimum ~rc. ~hci¢ unique design is ~ that no tools arc n~d~ to rcmo~c or r~plac~ thc ~r~Jd8c Jn thc ~l[cr as~mbly. ~mply ~in off thc Iockln[ knob, lift off thc filter COver, and rcmo~c PU~P SELECTION AND LO~jON To po. we!' yOUr Star-Clear Filter, select a continuous duty pump desi~,~ed for swimming pool or spa service. It is important to first determine where your pump and iqlter will be located. If above the waterline, a self-prim. Lng pump mu~t be used. Self-primlng pumps (such as ~r~'Word SUper ,~Ump or -POWer-Flo .ri) have the ability to llft water/rom a lower level and pr/me aUtOmatically. As a genera] guide, select a pump w/th an average output rating of at least 25-35 gallons per minute for the. C-250; 50-60 gallons per minute for the C-500. Other co',fliidera. tions are operation ol' hydrotherapy fittings, automatic 'aner~, etc. Your dealer will help you select th~ proper ~ .~e pump for your system needs. --I LTER L OCATI ON --Since plumbing fittings offer a resistance to water flow, locate the filter as close to the swimming pool as practicaL Keep the number of fittings to a mini- mum. Select a well drained area, One that will not flood when it rains., Set the filter on a solid mum top /evel su-rface. Allow a mini- clearance for cartridge removal (11" C-250; C-29 21" C-500). Be sUre filter-pump, drain and pressUre- ~auge ~re accessible for convenient operation. 3. Position the f'flter so the tank can drain bygravity. 4. If practical, locate pump and filter in the shade to ' shield it irom continuous, direct heat from PLUMBING . the SUn. 1. Use IH" or 1%" flexible plastic pipe or hose j~ined with insert fittings and stainless Steel Clamp~. If rigid P~pe is used, be Sure -- servicing., to proy~de unions for."~asy 2. Refer to the dia~mams for baslc'sugge~ed v ' valves are recommended ...L - ;~- alVmg. ~all ---ere needed. While all systems Vary, the main considerat~ion is to provide the desired control of water llow from the pool [o the pump and filter and back to the pool. When the filter is located below water level, provide valves to prevent back flow of water to the filter during cleaning and routine ser~cing. ' 3. All Plumbing connections on the Star-Clear filter are 1~'~" N.P.T. When making COnnections to the filter Use plastic male end adapters. Apply three tums of Teflon tape (or use Special plastic pipe sealant) to the male threacLs. :' SCrew the fitting into the thread hand tight; t-hen using a Wrench, tighten one more full tum..iAddition. al tighbening is Unnecessal-~ and could '~'esulL in broken or damaged fit. tings. '~kimmer, ~l OUUe~ e~, ~d ~e pump. ~. If P~ure ~uge ~ not ~e ~uge ~r~, and ea~/ully ~ew ~e ~Uge in~ " ~e ~d~ hole in ~e ~ ~t ~ n~ed. for eomple~ ~ d~n~g. A m~u~ ~ v~] V~ve ~ f~h~ ~ ~d i~ bI~ing off un~ ~r when $~g ~e 8. ~ ~ eo~o~ ~oUld ~ ~de ~ aeeo~- ~ee ~ i~ eod~ · 9. Check for joint leaks before operatinff. .10. Refer to pump instruction booklet for pump formation. BEFORE S3;ARTING THE FILTER Supe~chlorlnate the pool water by add:-- - or hquid chlori~e, o ...... ~ unstabilized o~aou=ed lorm$ o.' ch~. tine are recommended for normal daily U.se ~fter the initial clean up of the water. Follow chemic~l maml- lacb~rez'a recommencla~lol~ for SUpelw-A~orination and daily use. PARTS Models C-250 and C-500 Filters REF. R~ ~ -- NO. !A NO. ~ ~ RE(I'D. .1 C-250-G Locking Knob . 2 C-250-Z.7 O-Ring .. 3 E~i.A ~r R~i~Valve ~ -- ~ .. w/~Ring 1 ~ ~ Fih~ ~ (Dome} ~' ~1~ ~ Gask, t 1 ~A ~Z-~ 7-A G25~E ~ 7~ ~RE ~i~e El~ent ~A ~AC ~ Tank 8~y ~B ~AC - W~e R~ ~mbly ~ Flog ~Ring ~ 1 C-30 · .~ sur~ filter dr~n v~v¢ is cloud. O~n manu~ air Vent v~vc a /ew tu~ and O~n th~ suction and return v~v~ (when ~d}. ~ su~ I~king knob ~ S~um (~d ~t . o~y a~t pre~e ~ ~me ~d s~ ~e pump /olJo~ng ~e manufactu~r~ im~c~ons. Air ~p~ in the ~s~m will automa~' ~ly vent ~ ~e ~oI and out vent V~ve. ClOse Vent v~ve ~ soon ~ a~ is ven~d. FILTERING ~l~fion s~ ~ S~n ~ ~ow ~ S~ady ~rou~ ~e ~r, the HJ~r ~dge ~moves di~ from ~e ~oI ~ a ~e ac~m~a~ dJ~'~us~ ~ r~iS~nce to How. d~e~. ~en ~e Pr~ure ~ 7-20 psi above the s~t~ ~t, ~e ~uge pre~u~ ~II ~e ~d ~e How Pr~e, or When How d~s below des~ ~, ~e~ ot replace ~e f~r ~dge. C~N/REP~CE CARTRIDGE Removing ~r~;dge Element 2. Shut off the pump. ~ ~ fR~ ~ ~o~ ~Iow wa~ level, close VMves (or b]o~ off ~C~on ~d d~ge l~es) ~ow of Wa~ ~om P~I. to prevent ba~. 3. Un~ew and :emove ~ valve ~d ~]ow ~g ptoc~, o~n ~ vent a few ~mes.). 4. UnS~ew and ~tion). remove JO~g knob ~- 6. ~t out ~Jdge ~d ~. O~, replace w~:h ~e ~dge. (See Cl~n~g Reins~lUng ~r~dge Element Z. ~e~ ~y ~ec~d deb~ ~om ~e bottom 2. ~u~y tep~ce ~idge element ov~ tie t~ and ~ ~ ~dy a~g ~at ~e ~idge s~ even- ]Y on ~e CO~ec~r hub ~ ~t~ - - · t~ou~ ~ ~' ~nCec bp down). Fit tie r cov~ ~ end Cen~ hO]e. Be S~e O-ring on cov~ P~ce ~d · Tighten lock~g knob t~ht Only.) ~ c]ockw~ d~ec:~on. (I~d - ~Oce~ ~ ~ STARTING T~ FiLTeR. lean;rig Car~Hdge~ ne ~dge Ud~r element ~n ~ ~e~ by Pre~e aS~ng ~alde ~d out ~th a ~den ho~. (The ~dge i~' e~i~ ~ c]~c ~hen ~.) Af~ hOS~g the ~]dge, ~or ~st r~, ~]ow ~dge ~ ~ and 'efu~y brush ~'les. pleated ~ace ~eas ~ re~ove fine /algae. suntan oll and body oiL~ can form · co·tint · the cartridge plcal~ which may not I>e thoroughly moved by hosing. To remove such material·, soak cartridge in a solution of filter element brands available at pool dealer), clea~ner (v~rl Follow manufactur directions /'or use and allow an hOUr for Soaking. H thoroughly before re-instaJling in filter. · Ir` Calcium or mineral deports axe excessive, the LHdge may be restored to "llke new" COndition by so lng in muriatlc acid. Use COmmercially available. 2. muriatic acld added to water in ! to 1 ratio. U~ plastic Container and take extreme cleaning agent~ ax they care when handU clothing. After can be harmful to eyes, skin a Cleaning, flush with water. A spare "standby,, cartridge lent investment. It provides tilter element Ls an exc~ COnvenience and a.~ur. thaL your filter will always be ready to operate Peak efliCiency. Haywaxd cartridges are specially designed and eng neered for Use in Star-Clear tilters. For best re~alt~, only genuine Hayward Star-Clear ter. Order ,Model No. cartridges in your dealer. The. Hayward . C-250-RE or C-500-RE from You name ts your gUarantee of quality. VACUUMING Vacuuming Can be perfo - whenever need,,~ ,~, rmed direEtlv required -~- ~,lean carLrid;,e ~,','- · WINTERIZING (Filter) In areas where sub-freezing temperatures can be expect- ed, the filter should be drained, and/or removed from its Operating location and Stored indoors. Remove and clean cartridge. Re-install cartridge in filter tank 2"ighten locking knob only a few turns When Storing. SERVICE & REPAIRS Con'stilt your ]oc~d authorized ~Yward dea]er or ser'V~ce Center. No retu_ms may be made directly to the factory withou~ the exprcas written authorization o£ Hay~-a_-d Pool Products, Inc. C-31 .: . ~'~LG^E CONTROL Algae i~ a form of plant life which can var), in size from a few thou~-andth$ of an /ach to the size of a small txee. Of t. he man), forms of aJgae, those most frequent}y found in swimming pool water are microscopic in size and green in color. Algae readily groves in sunlight and can under favorable conditions quickly o~ergrow a swimming pool tuxning it completely green in just a few hours. On the other hand, swimming pool water can be kept Unfavorable to algae growth simply by maintaining a chlorine level of at least 0.5 ppm in the water at all t. imes. The chlorine level should be checked a{ least once a day' using a suit. able test kit. If an algae condition develops and the pool water *'blooms" green, Superchlorination of the pool will be neccsza~y to clear it.. Add unstabiliaecl granulax ct' · r/ne, or liquid chlorine. Follow chemic_a/ manufactur~ recommendation for superchloHnation. The algae wijl quickly become inactive and can then be removed b~' the filter. Live algae on the other hand multiplies'so fast, that the filter Cannot keep up with ils growth When correctly used, commercial algaeeides are effecti$~ against algae, through algaecides should be tt~ed in eon- junction with, and not az ation or superchlorinationa. substitute for reg,alax c-~orin. Maintaining a chlorine level of at least 0.5 ppm in the pool water at all times is the most effective way to pre- vent algae growth in swimming POOL SUGGESTED POOL CHEMISTRY. LEVELS ~ ' 7.2 to 7.6 TOTAL ALKALINITY 80 to 1{)0 porn CHLORINE {UNSTABILIZEO} 0.3 to i.O ppm CHLORI ~ NE (STABILIZED) 1.0 to 3.0 ppm CHLORINE STABILIZER 30 to 60 ppm {Cyanotic Acid) CHEMISTRy GUIDELINES ACTION REQUIRED TO CORRECT POOL CHEMISTRy TO RAISE Add SO~a A~h AOd Sodium Bicarbonate Add Chlorine Chemir.~l ~dd St~billz~ TO LOWER Add Muriatic Acid or Sodium 8isulphate Add Muriatic Acid NO action -- chlori6e will naturally di~ipate that ha¢ nOt been trcate</wi.th C4C.anuric Acid Haywaxd sh~ll not be mpomil~¢ for cartage' removal and/or p~rnpa, or componcnLs rn~nufacbar~d by oLhers; for ~[~ch HAYWAFiD POOL PRODUCTS ',c. lNG. " 07207 28~ Plymouth D6vo Eiizabelh. NJ Pomona. CA 91768 Oek~lle. Ontario L6H 5R4 C-32