HomeMy WebLinkAboutAgenda Report - March 5, 2008 E-05rr
AGENDA ITEM 1;
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for Maintenance
of the Lodi Consolidated Landscape Assessment District 2003-1, Fiscal Year
2008109
MEETING DATE: March 5,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve specifications and authorize advertisement for bids for
maintenance of the Lodi Consolidated Landscape Maintenance
Assessment District 2003-1 for Fiscal Year 2008109, July 1, 2008
through June 30,2009.
BACKGROUND INFORMATION: This project provides for the contract landscape maintenance of the
Lodi Consolidated Landscape Maintenance Assessment
District 2003-1. This contract will cover Zones 1, 2, 5, and 6.
(Other zones do not have landscaping to maintain.) The current
contract is just under $25,000, but the current contractor has struggled to meet their contractual
obligations over the past year. The new contract estimate may be as much as $70,000 for 12 months.
The maintenance work covered under this contract is limited to the landscape and irrigation
improvements along the reverse frontage areas of the subdivisions in these zones. The assessment
costs for the maintenance zones were based on weekly maintenance.
Specifications are on file in the Public Works Department.
FISCAL IMPACT: The money for this maintenance contract is provided by the various
assessment revenue accounts of Lodi Consolidated Landscape Maintenance
Assessment District 2003-1 and does not come out of the General Fund.
FUNDING AVAILABLE: Funding comes from Lodi Consolidated Landscape Maintenance Assessment
District 2003-1 various assessment revenue accounts.
Project Estimate: $70,000
Budgeted: 2008109 fiscal year
Planned Bid Opening Date Aril 17, 200
Richard C. Prima,
Public Works Director
Prepared by Curt Juran, Assistant Streets and Drainage Manager
RCP/GMBICJ/dsg
cc: F. Wally Sandelin, City Engineer/Deputy Public Works Director
George M. Bradley. Streets& Drainage Manager
APPROVED: F
Blair King, I y Manager
KIWPIDEV_SERV\LandscapeDistrictlCS&ALandscapeMaintenanceDisto809 doc 212512008
CITY OF LODI
c4p 5
PUBLIC WORKS DEPARTMENT
SPECIFICATIONS
FOR
MAINTENANCE OF
LODI CONSOLIDATED LANDSCAPE ASSESSMENT
DISTRICT 2003-1, 2008/2009
CITY OF LODI
MARCH 2000
SET NO.
GASTREETSILANDSCAPE\Assessment Distrk ts12008-09=VaLTOC20G3-1 LLD MaintSpemFor2008-2009.doc 2/25P2008
MAINTENANCE OF LODI CONSOLIDATED LANDSCAPE TABLE OF CONTENTS
ASSESSMENT DISTRICT2003-1, 2008/2009 FOR SPECIFICATIONS
SECTION 1
NOTICE INVITING BIDS
1.1
SECTION 2
INFORMATIONTO BIDDERS
2.1
SECTION 3
BID PROPOSAL
3.1
SECTION 4
CONTRACT
4.1
SECTION 5
SPECIAL PROVISIONS
5.1
General Stipulations
5.1
Special Stipulations
5.1
Descriptionof Work
5.3
Maintenance Specifications
5.3
EXHIBITA WATER CONSERVATION ORDINANCE
5.8
VICINITY MAPS
5.9
G:ISTREETSILANDSCAPEIAssessment DistHUM2008.091COV&TOC2003-1 LLD Mair►tSpemFor2008-20D9.doc 2125P2DO8
MAINTENANCE OF LODI CONSOLIDATED LANDSCAPE SECTION 1
ASSESSMENT DISTRICT 2003-1,200812009 NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
The City of Lodi hereby invites sealed proposalsfor Maintenance of Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1, 2008-2009, City of Lodi. The contract documents are
available at the office of the Streets & Drainage Manager, Public Works Department, Municipal
Service Center, 1331 South Ham Lane, Lodi, California, 95242, Telephone (209) 333-6740.
Sealed proposals, clearly marked "Maintenance of Lodi Consolidated Landscape Maintenance
Assessment District No. 2003-1, 2008-2009 shall be delivered to the PurchasingAgent/Budget
Manager, Lodi City Hall Annex, 300 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910,
until
41:00 a.m. on Thursday March 27,2008.
At that time, the proposals will be publicly opened and read in Lodi City Hall in the Public Works
Conference Room for performing the following described work.
The length of the contractwill be twelve (12) months, starting July 1, 2008 and ending June 30, 2009.
The work consists of maintaining 27 items located in six (6) City Consolidated Landscape
Maintenance Assessment Districtzones, and other incidental and related work as described in the
Specifications. Additional zones may be added to this contract depending on the completion of new
developments.
In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department
of Industrial Relations of the State d California has determined the general prevailing rates of wages
and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay
as provided for in Section 1773.8, apprenticeship or other training programs authorized by
Section 3093 and similar purposes applicable to the work to be done. Said wages are available
through the Public Works Department, City of Lodi, City Hall, Lodi, California, 95240. The Contractor
and any subcontractor shall pay each employee engaged in the trade or occupation not less than the
hourly wage rate. As the wage determination for each craft reflects an expiration date, it shall be the
responsibility of the prime contractor and each subcontractorto insure that the prevailingwage rates
of concern are current and paid to the employee.
The Contractorshall make travel and subsistence payments to each worker needed to execute the
work as such travel and subsistence payments are defined in the applicable collective bargaining
agreements in accordance with Section 1773.8 of the Labor Code.
If a craft or classification used on the project is not shown on the wage determination, the Contractor
may be required to pay the wage rate of that craft or classification most closely related to it as shown
in the general determinations.
The City of Lodi hereby notifies all bidders that itwill affirmatively insure that in any contract entered
into pursuantto this advertisement, minority business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex or national origin in consideration for an award.
Q:1STREETSILANDSCAPE\Assessment DiSthCt512008-0912003-1 LLD maintspecs for2QQa-09.D0Q 1.1 2!2512008
For any monies earned by the Contractor and withheld by the City of Lodi to ensure the performance
of the contract, the Contractor may, at Contractor's request and expense, substitute securities
equivalent to the amount withheld in the form and manner and subject to the conditions provided in
Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the
State of California.
The contract documents are available at the office of the Streets & Drainage Manager,
Public Works Department, Municipal Service Center, 1331 South Ham Lane,
Lodi, California, 95242, Telephone (209) 333-6740, FAX (209) 333-6841.
No bid will be considered unless it is submitted on a proposal form furnished by the
City of Lodi.
The prime contractor on this projectshal4 possess a valid State of California Class C-27 contractor's
license and a valid State of California PCO or QAL license for landscape maintenance, Category B.
The City Council reserves the right to reject any or all bids and to waive any informality in any bid, to
accept other than the lowest bid, or not to award the bid.
Reference is hereby made to said specifications for further details, which specifications and this
notice shall be considered part of any contract made pursuant thereto.
By Order of the City Council
Randi Johl
City Clerk
G,ISTREETSILANDSCAPELAsses$mernt Districts12008-09`2003-1 LLDmeint specs for2008-09.1)00 1.2 2/25/2008
MAINTENANCE OF LOD1 CONSOLIDATED LANDSCAPE SECTION 2
ASSESSMENT DISTRICT 2003-1, 2008/2009 INFORMATIONTO BIDDERS
2.100 BID OPENING
The Purchasing Agent/Budget Managerwill receive sealed bids at Lodi City Hall Annex, 300
West Pine Street, Lodi, California, 95240, until the time for opening bids as noted in the "Notice
Inviting Bids". Bidders or their authorized representatives are invited to be present.
The proposal shall be submitted as directed in the "Notice Inviting Bids" under sealed cover,
plainly marked as a proposal and identifying the project to which the proposal relates and the
date of the bid opening therefore. Proposalswhich are not properly marked may be
disregarded. Only proposals actually received by the Purchasing Agent/Budget Manager by the
time set for the bid opening will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK
The Bidder is required to examine carefully the sites, Information to Bidders, Bid Proposal,
Contract, and Special Provisions, and it will be assumed that the Bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality and quantities of
work to be performed and materials to be furnished and as to the requirementsof the Special
Provisions and the Contract. It is mutually agreed that submission of a bid proposal shall be
considered prima facie evidence that the Bidder has made such examination.
If omissions, discrepancies or apparent errors are found in the specifications prior to the date of
bid opening, the bidder shall submit a written requestfor a clarification, which will be given in
the form of addenda to all bidders if time permits.
W :7_�>YL�L[�a�Z�1i•�y,7,L�1:�.�
Before submitting bids, contractors shall be licensed in California in accordance with the
provisions of Chapter 9 of Division III of the Business and Professions Code to perform work as
specified in the Specifications.
2.400 BIDDING DOCUMENTS
A. Proposal Form -All proposals must be made on the forms provided with this set of
specifications. Bids not presented in this form shall be disregarded. All proposals must be
signed by the bidder. If the bidder is a corporation, the corporation's seal must be used.
Each proposal shall include all addenda or clarifications issued during the bidding period
acknowledged by the bidder's signature thereon. Failure to so include or acknowledge an
addendum or clarification will result in the proposal being rejected as not responsive.
B. List of Proposed Subcontractors- Any subcontractor doing work in excess of 1/2 of 1
percent of the total contract price shall be designated on the form provided in accordance
with Section 4100 et seq. of the Government Code.
C. Bidder's Guarantee -All bids shall be presented under sealed cover and shall be
accompanied by cash, cashier's check, certified check, or bidder's bond, made payableto
the City of Lodi, for an amount equal to at least ten percent of the amount of said bid, and
no bid shall be considered unless such cash, cashier's check, certified check cr bidder's
bond is enclosed therewith.
2003-1 LLD maint specs for 2008-09.DOC 2.1 212512008
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidders who may be given further
consideration if the low bidder does not elect to execute the contract. After the award, if the
Contractor awarded the bid does not execute the contract, the bidder's guarantee will be
forfeited. All bidder guarantees of unsuccessful bidders will be returned upon receiving the
executed contract.
2.500 REJECTION OF PROPOSALS CONTAINING ALTERATIONS,
ERASURES OR IRREGULARITIES
Proposals may be rejected if they show any alterations cf form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
The City of Lodi reserves the right to reject any and all proposals.
2.600 PREVAILINGWAGE RATE/LABOR CODE REQUIREMENTS
A. Prevailing Waae Rates - Bidders are notified that the contractor to whom the contract is
awarded, and any subcontractor underthem, must pay the general prevailingwage
rates as ascertained from time to time by resolution of the City Council. In accordance
with the provisions of Section 1773 of the Labor Code, the Director of the Department of
Industrial Relations of the State of California has determined the general prevailing rates
of wages and employer payments for health and welfare, pension, vacation, travel time,
and subsistence pay as provided for in Section 1773.8, apprenticeship or other training
programs authorized by Section 3039, and similar purposes applicable to the work to be
done. Said rates are available through the Public Works Department, City of Lodi,
City Hall, 221 West Pine Street, Lodi, California, 95240.
The contractor performing the work shall be responsible for obtaining a copy of the
State wage rate determination. The contractor shall be responsible for posting said
wage rate at a prominent location at the work site and shall maintain same in a good,
readable condition for the duration of the work. In those projects where Federal funds
are involved, as indicated by the inclusion of Federal wage determinations in the project
"Instructions to Bidders", the minimum wages to be paid shall be the highest of either
the State or Federal prevailing wage rates.
Should the contractor choose to work on a Saturday, Sunday or on a holiday recognized
by the Labor Unions, the contractor shall reimburse the City of Lodi the actual cost of
engineering, inspection, superintendence, and/or other overhead expenses which are
directly chargeable to the contract. Should such work be undertaken at the request of
the City, reimbursement will not be required.
B. Pavroll Records -The prime contractor to whom the contract is awarded shall insure
that they and each subcontractor will, in accordance with Section 1776 of the Labor
Code, maintain certified payroll records. It shall be the prime's responsibilityto obtain
copies of the current prevailing wage rate determination for all subcontractors. The
contractor shall submit copies of all weekly payrolls to the Engineer.
2003-1 LLD maint specs for 200"9. DOC 2.2 212512008
C. Apprenticeship Standards - The prime contractor shall comply with the provisions
established in Section 1777.5of the Labor Code concerning the 1) certified approval by
local joint apprenticeship committees for the employment and training of apprentices,
and 2) contribution of funds to administrate and conduct apprenticeship programs.
D. Labor Code Section 1776
1. Each contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the publicwork.
2. The payroll records enumerated under subdivision (1) shall be certified and shall
be available for inspection at all reasonable hours at the principal office of the
contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representativeon request.
b. A certified copy of all payroll records enumerated in subdivision (1) shall
be made available for inspection or furnished upon request to the City,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
C. A certified copy of all payroll records enumerated in subdivision (1) shall
be made available upon request by the public for inspection or copies
thereof made; provided, however, that a request by the public shall be
made through the City, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuantto paragraph 1), the requesting
parry shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the requestwas made. The public shall not be given access to the
records at the principal office of the contractor.
3. Each contractor shall file a certified copy of the records enumerated in
subdivision (1)with the entity that requested the records within 10 days after
receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon
requestto the public or any public agency by the City, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement shall
be marked or obliterated in such a manner as to prevent disclosure of an
individual's name, address, and social security number. The name and address
of the contractor awarded the contract or performing the contract shall not be
marked or obliterated.
5. The contractor shall inform the City of the location of the records enumerated
under subdivision (1), including the street address, city and county, and shall,
within five working days, provide a notice of a change of location and address.
2003-1 LLD mafnt specsfor 200808 DOC 2.3 212512008
6. In the event of noncompliance with the requirements of this section, the
contractor shall have 10 days in which to comply subsequent to receipt ci written
notice specifying in what respects the contractor must comply with this section.
Should noncompliance A& be evident after the 10 -day period, the contractor
shall, as a penalty to the State or political subdivision on whose behalf the
contract is made or awarded, forfeit fifty dollars ($50) for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request cf the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress
payments then due.
2.700 AWARD OF CONTRACT
The award of the contract, if it be awarded, will be to the lowest responsible Bidderwhose bid
proposal complies with all the requirements described.
In case of tie bids, the tie will be broken by a coin toss, conducted by the City Purchasing
Agent. The bidders will be notified and may be present.
"Lowest responsible bidder" refers to not only the attribute of trustworthiness, but also to the
quality, fitness, and capacity of the low monetary bidder to satisfactorily perform the proposed
work. If the Council determines to award a contract to other than the lowest monetary bidder,
the City shall:
• Notify the lowest monetary bidder;
• Give the lowest monetary bidder an opportunity to know the reason why he/she is
not considered the lowest responsible bidder;
• Give the lowest monetary bidder an opportunity to ask for a pre -award hearing
before the City Council.
Where alternative bids are received, the City Council reserves the right to select the bid most
advantageous to the City. The award, if made, will be made within forty-five (45) days 2fter
opening of the bids. All bids will be compared on the basis of the Superintendent's Estimate of
quantities of work to be done.
2.800 EXECUTION OF CONTRACT
The contract shall be signed by the successful Bidder and returned, together with the contract
bonds, within ten (10) working days after the Bidder has received notice that the contract has
been awarded. No proposal shall be considered binding upon the City until the execution of the
contract.
Failure to execute a contract and file acceptable bonds as provided herein within ten (10)
working days after the Bidder has received notice that the contract has been awarded shall be
just cause for the annulment of the award and the forfeiture of the proposal deposit. The City
may elect to adjust the start of working days as described in Section 6-04.03 to account for
delays in executing the contract.
2003-1 LLD maint specs for 2008-08.00C 2.4 212512008
The successful bidder acknowledges, upon signing the contract, that the time of completion of
the contract is reasonable.
2.900 CONTRACT BONDS
The Contractorshall furnish a good and sufficient bond:
• A faithful performance bond in the amount of 100 percent of the contract price; aad
This bond will be required at the time the signed contract is returned to the City.
2.1000 NOTIFICATION OF SURETY COMPANIES
The surety companies shall familiarize themselves with all the provisions and conditions of the
contract. It is understood and agreed that they waive the right of special notification of any
modifications or alterations, omissions or reductions, extra or additional work, extensions of
time or any other act or acts by the City of Lodi or its authorized agents under the terms of the
contract; and failure to so notify the surety companies of such changes shall in noway relieve
the surety or sureties of their obligations under this contract.
2.1100 INSURANCE CERTIFICATE
The Contractor shall furnish a certificate of insurance to the City of Lodi in accordance with
Section 5.2.4, "Public Liabilityand Property Damage Insurance". and Section 5.2.2.3, "Workers
Compensation Insurance", of the Special Provisions at the time the signed contract is returned
to the City. Insurance may also be purchased through the Service Providers, Artisan and Trade
Activities, (S. P.A. R.T.A.) Program. Information available at
>http:11www.2sparta.com/Sparta.asp< or calling 1-800-420-0555.
2.1200WORKERS COMPENSATION INSURANCE
The Contractorshall carry full Worker's Compensation Insurance coverage for all persons
employed in carrying out the work, including subcontractor's employees, under this contract in
accordance with the "Worker's Compensation and Insurance Act", Division IV of the Labor
Code of the State of California and any acts amendatory thereof.
2.1300 BID EVALUATION
The lowest responsible bidderwill be determined, as follows:
• The bid price to be all inclusive, i.e., labor, overheads, supervision, equipment, disposal
costs, fees, licenses, etc., all to be included;
2003-1 LLD maint specs for 2006-09. DOC 2.5 212512008
and consideration given to the ability, capacity, skill, character, integrity, reputation,
experience and efficiency of the bidder; and
the quality and condition of the equipment and tools to be provided by the bidder.
2.1400 REFERENCES
The bidder shall submit with the bid at least two (2) satisfactory references with completed
bid documents from other agencies for which the bidder has performed landscape
maintenance of equal scale to the City of Lodi contract. References shall be no more than
two (2) years old. References shall include agency name and address, scope of contract,
and current phone numbers for the contract administrator. Contract may be rejected in the
case of unsatisfactory character references, fallacious information, or non -submittal of
references.
2003-1 LLD maint specs for 2008-09.DOc 2.6 212512008
MAINTENANCEOF LODI CONSOLIDATED LANDSCAPE SECTION 3
ASSESSMENT DISTRICT2003-1, 2008/2009 BID PROPOSAL
CITY OF LODI, CALIFORNIA
Date: April 2008
TO: The Lodi City Council
Lodi City Hall Annex
300 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
The undersigned declares that the site has been carefully examined; Informationto Bidders, Contract, and
Special Provisions for the construction of various items requiredfor the above-named project and submits this
schedule of prices by site for the items within each district of the bid.
If awarded the Contract, the undersigned agrees to fumish all labor, material and equipment necessaryto
complete said work for this project, excepting those items supplied by the City of Lodi, in strict accordance with
the Informationto Bidders, Special Provisions and Contractform adopted for the same and the requirements
underthem of the Engineer, and will take in full payment therefore the following unit and total prices, to -wit:
Perform the work necessary to maintain 27 items located in six (6) Lodi Consolidated Landscape Maintenance
Assessment District 2003-1 zones and other incidental and related work in accordance with these
specifications. All sites will be visited on a weekly basis. The areas to be maintained are shown in the
Appendix of the Specifications for Maintenance of Lodi Consolidated Landscape Maintenance Assessment
District No. 2003-1, 2008-2009. Additional zones may be added to this contract depending on the completion
of new developments.
G:ISTREETSILANDSCAPE\Assessment District512008-0912003-1 LLD maint specs for 2008-09.DOC 3.1 212512008
GASTREETSILANDSCAPEIAssessment Districts12008-0912003-1 LLD maint specs for2008-09.DCC 3.2 2!2512008
MAINTENANCE OF ASSESSMENT DISTRICT LANDSCAPE AREAS
BASED ON WEEKLY SERVICE
BIDII ICE - INDIVIDUAL JTEM PER WEEK
m
SITE
DESCRIPTION& LOCATION
Square
Feet
PRUNING
AS
NEEDED
WEED
CONTROL
LITTER 1RRIGATOM WEEKLY TOTAL PER
PICKUP MAINTENMCE SITE
1
R2020
N/W Stockton St and Almond Dr
16,470
2
R2022
N side of Almond Dr E/O Stockton St
4,950
3
4
5
6
R2014
Traffic Circle- Cherrywood
1,256
T1591
N side of Harney Ln - Poppy Dr to west end
14,850
T1594
N side cf Harney Ln - Poppy Dr to east end
9,787
T1298
N side of Harney Ln - Legacy Wy to west end
12,825
7
T1349
West side of Mills Av — Harnev Ln to Wyndam
w y
7,965
B
T1399
Harney Ln — MillsAv to west end
7,087
3
T2182
Harney Ln — Panzani Wy to Porta Rosa Wy
1,020
0
T2194
Harney Ln — Panzani W to Cherokee Ln
14,981
1
T2176
West side of Cherokee Ln — Harney Ln to north
end1
?0,650
GASTREETSILANDSCAPEIAssessment Districts12008-0912003-1 LLD maint specs for2008-09.DCC 3.2 2!2512008
OASTREETSILANDSGAPEAssessment Di5t6Gt512008-0912003-1 LLD maint specs for 2008-09.DOC 3.3 2!2512008
MAINTENANCE OF ASSESSMENT DISTRICT LANDSCAPE AREAS
BASED ON WEEKLY SERVICE
a
SITE
DESCRIPTION & LOCATION
SgUarG PRUNING
Feet AS
NEEDED
WEED
CONTROL
LITTER
PICKUP
IRRIGATION
MAINTENANCE
WEEKLY TOTAL PER
SITE
121
T2153
Villas common drives — Via Marco Ln
2,880 NA
NA
13
T2157
Villas common drives — Corfino Ln
2,880 NA
NA
14
T2164
Villas common drives — Massarosa Ln east
2,880 NA
NA
15
T2163
Villas common drives — Massarosa Ln west
2,880 NA
NA
16
T2173
Villas common drives — San Pietro Ln
2,880 NA
NA
17
T2175
Villas common drives — Felino Ln
2,880 NA
NA
18
T2166
Villas common drives — Palazzo Ln
2,880 NA
NA
19
T2183
Villas common drives — Vallini Ln
2,880 NA
NA
20
T2184
Villas common drives — Marano Ln
2.880 NA
NA
21
T2185
Villas common drives — Mercato Ln
2,880 NA
NA
22
T1300
Walkway — Katnich to Wyndham
5625
23
T1200
Lower Sacramento Road — Vintage Oaks to
north end
1,701
25
T1210
Lower Sacramento Road — Vintage Oaks to
south end
1 1,701
26
T1109
Lower Sacramento Road — Center median east
half fronting subdivision
2394
OASTREETSILANDSGAPEAssessment Di5t6Gt512008-0912003-1 LLD maint specs for 2008-09.DOC 3.3 2!2512008
RF=REVERSE FRONTAGE
References must be submitted with bid proposal as described in Section 2.1400.
G:k.STREETS1LANDSCAPE1AssessmentDistriCts200B-09120031 LLD Maint specs for 2008-09. DOC 3.4 212512008
MAINTENANCEOF ASSESSMENT DISTRICT LANDSCAPEAREAS
BASED ON WEEKLY SERVICE
BID PRICE -INDIVIDUAL ITEM PER WEEK
SWejaetre
PR%ING
WEED
LITTER
IRRIGATION
WEEKLY TOTAL PER
LOU-04F%1r1 MOM Ct wvn IWM
- - - - - -
-------
27
T1396
Harney Lane — E/O Legacy Wy to east end
9,112
R N, N
�,
AW
ANNUALIZED C06T BASE ON ONE VISU PER WEEK (52 Weeks) GRA WTOTAL
RF=REVERSE FRONTAGE
References must be submitted with bid proposal as described in Section 2.1400.
G:k.STREETS1LANDSCAPE1AssessmentDistriCts200B-09120031 LLD Maint specs for 2008-09. DOC 3.4 212512008
It is understood that no verbal agreement or conversation with any officer, agent or employee of the
City, either before or after the execution of the Contract, shall affect or modify any of the terms or
obligations of this Bid Proposal.
It is understood that the City will not be responsiblefor any errors or omissions on the part of the
undersigned in making up the bid, norwill bidders be released on account of errors.
The undersigned declares that the only person or persons interested in the proposal as principal or
principals is or are the undersigned, and that no person other than the undersigned has any interest
in this Bid Proposal or in the contract proposed to be taken; that this proposal is made without any
connection with any other person or persons making a bid or proposal for the same purpose; that
the proposal is in all respects fair and in good faith and without collusion or fraud; that no City
Officer, either elected or appointed, and no City Employee is, shall be or become directly or
indirectly interested as principal or principals in this Bid Proposal or in the contract proposed to be
made, or in the supplies, work or business to which it relates or in any portions of the profits thereof.
All representations made herein are true and are made under penalty of perjury.
The undersigned is licensed in accordance with the laws of the State of California,
License No. , Classification , License Expiration Date
Federal Contractor/Employer 1. D. No.
Bidder
Authorized Signature
TYPE OF ORGANIZATION
Individual, Partnership or Corporation
Address
Dated:
Title
M
(Affix Corporate Seal if Corporation)
Phone Number
I
FAX Number
G: ISTREETSILANDSCAPESAssessment DistrictsM08-0912003-1 LLD maint specs for 2008-09,DQC 3.5 212512008
MAINTENANCEOF LODI CONSOLIDATED LANDSCAPE SECTION 4
ASSESSMENT DISTRICT 2003-1,200812009 CONTRACT
THIS CONTRACT, made by and between the CITY OF LODI, State of California, herein
referred to as "City" and herein referred to as "Contractor".
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other, as follows:
The complete contract consists of the following documents which are incorporated herein by
this reference, to -wit:
Notice Inviting Bids
Information to Bidders
Special Provisions
Bid Proposal
Contract
Vicinity Maps
Water Conservation Ordinance
The July 1992 Edition Standard
Specifications, State of California
Business and Transportation Agency,
Departmentof Transportation
All of the above documents, sometimes hereinafter referred to as the "Contract Documents,"
are intended to cooperate so that any work called for in one and not mentioned in the other is to
be executed the same as if mentioned in all said documents.
ARTICLE I That for and in consideration of the payments and agreements hereinafter
mentioned, the Contractor agrees with the City, at Contractor's cost and expense, to do all the
work and furnish all the materials except such as are mentioned in the specifications to be
furnished by the City, necessary to maintain in a good workmanlike and substantial mannerto
the satisfaction cf the City the proposed maintenance of landscaped areas
ARTICLE 11 The Contractor agrees to conform to the provisions of Chapter 1, Part 7,
Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension, vacation,
travel time, and subsistence pay, apprenticeship or other training programs. The responsibility
for compliance with these Labor Code requirements is on the prime contractor,
ARTICLE III And the Contractor agrees to receive and accept the following prices as full
compensation for furnishing the work contemplated and embraced in this agreement; 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 until its acceptance by the City, and for all risks of every
description connected with the work; 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 Contract Documents and the requirements of
the Engineer underthem, to -wit:
ARTICLE IV By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liabilityfor Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
GASTREETSILANDSCAPSAssessment D1stricts12008-0912003-1 LLD maint specs for 2008-09,DOC 4.1 2125/2008
TM
MAINTENANCE OF ASSESSMENT DISTRICT LANDSCAPE AREAS
BASED ON WEEKLY SERVICE
DESCRIPTION&, LOCATION
R2020 I NIW Stockton St and Almond Ir
Square
Feet
16.470
R2022 N side of Almond Dr E OStockton St 4,950
3 R2014 Traffic Circle - Cherrywood 1,256
4 T1591 N side of Harney Ln - Poppy Dr to west end 14,850
T1594 I N side of Hamev Ln - Poppy Ik to east end
s T1298 N side cf Hame Ln - LegacV WV to west end
West side of Mills Av — Harney Ln to Wyndam
7 T1349 w
8 T1399 Harney Ln — MillsAv to west end
9 T2182 -Harney Ln — Panzani Wy to Porta Rosa W
to T2194 Hamev Ln — Panzani WV to Cherokee Ln
1
1,020
14.981
BID PRICE -INDIVIDUAL ITEM =R WEEK
IRRIGATION WEEKLY TOTAL PER
MAINTENANCE SITE
GASTREETSILANOSCAPEAssessment Distficts12M-0912003-? LLD maint specs for 2005.09.DOG 4.2 212512008
MAINTENANCE OF ASSESSMENT DISTRICT LANDSCAPE AREAS
BASED ON WEEKLY SERVICE
BID PRICE - INDIVIDUAL ITEM PER WEEK
M
SITE
DESCRIPTION& LOCATION
Square
Feet
PRUNING
AS
NEEDED
WEED
CONTROL
LITTER
PICKUP
IRRIGATION WEEKLY TOTAL PER
MAINTENANCE SITE
11 T2176
West side of Cherokee Ln — Harney Ln to north
end
20.850
12 T2153
Villas common drives — Via Marco Ln
2,880
NA
N4
13 T2157
Villas common drives — Corfino Ln
2,880
NA
NA
14 T2164
Villas common drives — Massarosa Ln east
2,880
1 NA
NA
15 T2163
161 T2173
Villas common drives — San Pietro Ln
2.880
M
NA
17 T2175
Villas common drives — Fetino Ln
2,880
NA
NA
18 T2166
Villas common drives — Palazzo Ln
2,880 1
NA
NA
19 T2183
Villas common drives—Vallini Ln
NA
20 1 T2184
Villas common drives — Marano Ln
2,880
NA
21 T2185
Villas common drives — Mercato Ln
2,880
NA
NA
22 T1300
24 T1200
Walkway — Katnich to Wyndham
5625
Lower Sacramento Road —Vintage Oaks to
north end
1,701
25 T1210
Lower Sacramento Road —Vintage Oaks to
south end
1,701
GASTREETSILANDSCAPE1Assessment1)mtricts1200M912003-1 LLD maintspecsfor4O5-09.DpC 4.3 2I252W8
RF=REVERSE FRONTAGE
G:ISTREETSILANDSCAPEIAssessment DislhCts12008-08I2003-1 LLO maint specs for 2008-09.D00 4.4 212512008
MAINTENANCE OF ASSESSMENT DISTRICT LANDSCAPEAREAS
BASED ON WEEKLY SERVICE
BID PRICE -INDIVIDUAL ITEM PER WEEK
Square
PRUNING
M
Feet
AS
WEED
LITTER
IRRIGATION
WEEKL)SIWAL PER
SITE
DESCRIPTION & LOCATION
NEEDED
CONTROL
PICKUP
MAINTENANCE
Lower Sacramento Road — Center median east
9,112
27
T1396
Harney Lane —EIO Lepacy Wy to east end
ANNUALIZED COST BASED ON ONE VISIT PER WEEK (52 Weeks) GRANDTOTAL
RF=REVERSE FRONTAGE
G:ISTREETSILANDSCAPEIAssessment DislhCts12008-08I2003-1 LLO maint specs for 2008-09.D00 4.4 212512008
ARTICLE V It is further expressly agreed by and between the parties hereto that, should there be
any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
G:ISTREETS1LANOSGAPE1Assessment Districts12008-0912003-1 LLD maint specs for 20OM9.D4G 4.5 2/25/2008
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE PERIOD FOR
THIS CONTRACT IS JULY 1,2008 THROUGH JUNE 30,2009, AND THE CONTRACTOR
AGREES TO SUBMIT MONTHLY BILLINGS NO LATER THAN THE 10" OF EACH MONTH.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands the day and year first
written.
CONTRACTOR
Authorized Signature
Title
TYPE OF ORGANIZATION
Individual, Partnership or Corporation
Address
CITY OF LODI
a Municipal corporation
Blair King
City Manager
Attest:
Randi Johl
City Clerk
Approved as to Form:
Dated: ,2008
(Affix corporate seal if Corporation)
Telephone
Date
D. Stephen Schwabauer Date
City Attorney
G. STREM%LMDSCAPE1P sment 01stricts12008-0812003-1 LLD Maint specs for 2008-09.DOC 4.6 2!2512008
MAINTENANCEOF LODI. CONSOLIDATED LANDSCAPE SECTION 5
ASSESSMENT DISTRICT2003-1, 2008/2009 SPECIAL PROVISIONS
GENERAL STIPULATIONS
1.1 Chanues Clause In the event of significant changes during the terms of this
contract in the scope of the work covered by this contract, such as the need to
discontinue service because of the closing or major modification of a facility, the
Contract shall be modified as it pertains to that particularfacility or facilities.
1.2 Cancellation Clause If at any time the City determines that service being
rendered does not comply with the terms of this Contract, the City shall have the
right to terminate the contract effective thirty (30) days following the mailing of
written notice to the Contractor at Contractor's usual place of business.
1.3 Paymentfor Work Performed The City will pay the Contractorfor work
performed under the terms of this contract, at regular intervals of once or twice a
month dependent upon bid results, on a date mutually agreed upon. The ,
payment shall be based on the amount bid for each facility and only for those
facilities where work has been completed by the Contractor, inspected and
approved by the City. The Contractor must submit an itemized monthly billing on
billing documents provided by the City. Holidays falling on weekdays and
inclement weather do not relieve the Contractorfrom his weekly obligations. All
missed days must be made up that week. Payment for areas where work is not
completed shall be deducted from monthly payment as per bid. Supplemental
work for work not completed due to weather or other reason not in the control of
the contractor, may be negotiated to forgo the non-payment.
1.4 Period of Contract This Contract provides for accomplishment of specified work
for a period of twelve (12) months following award of Contract, from July 1, 2008
through June 30,2009.
1.5 Option to Renew By mutual agreement, the City and Contractor may enter into
an agreementfor an annual extension of this contract.
2. SPECIAL STIPULATIONS
2.1 Each bidder shall provide the City with a list of two (2) references (Name,
Agency/Owner and Telephone Number) or maintenance projects comparable to
those under these specifications. Review of this material will be evaluated as
part of recommending the successful bidder to the City Council.
2.2 The Contractor shall be responsible for the skills, methods, and actions of
Contractor's employees. The Contractor shall instruct all employees that they
are not required to respond to questions, suggestions or instructions from City
employees other than the designated representative of the Public Works
Director.
2.3 Worker's Compensation Insurance The Contractor shall carry full Worker's
Compensation Insurance coverage for all persons employed in carrying out the
work, including subcontractor's employees, under this contract in accordance
with the "Workmen's Compensation and Insurance Act," Division IV of the Labor
Code
GASTREETSILANDSCAPEIAssessment Districts0008-0912003-1 LLD maintspecs for 2008-09.DOC 5.1 2/25/2008
of the State of California and any acts amendatory thereof. A certificate showing
the issuance of such a policy shall be on file with the City Clerk at all times
during the term of this agreement.
2.4 Public Liability and Property Damage Insurance The Contractor shall take out
and maintain during the life of this contract such Public Liabilityand Property
Damage Insuranceas shall protect Contractorand any subcontractor performing
work covered by this contract from claims for damages for personal injury,
including accidental death, as well as from claims for property damages, which
may arise from Contractor's operations under this contract, whether such
operations be by Contractor or by any subcontractor or by anyone directly or
indirectly employed by either of them and the amount of such insurance shall be
as follows:
a. COMPREHENSIVE GENERAL LIABILITY:
$1,000,000 Bodily Injury - Each Occurrence/Aggregate;
$1,000,000 Property Damage- Each Occurrence/Aggregate; or;
$1,000,000 Combined Single Limits.
b. COMPREHENSIVE AUTOMOBILE LIABILITY;
$1,000,000 Bodily Injury- Each Person;
$1,000,000 Bodily Injury - Each Occurrence;
$1,000,000 Property Damage- Each Occurrence; or
$1,000,000 Combined Single Limits.
C. A copy of the certificate of insurancewith the following endorsements
shall be furnish to the City:
Additional Named Insured Endorsement Such insurance as is
afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents
and Employees as additional named insured insofar as work
performed by the insured underwritten contract with the City of
Lodi. This endorsement shall be on the form furnished by the
City.
2. Primary Insurance Endorsement Such insurance as is afforded
by the endorsement for the Additional Insured shall apply as
primary insurance. Any other insurance maintained by the City of
Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
3. Severability of Interest Clause The term "insured is used
severally and not collectively, but the inclusion herein cf more
than one insured shall not operate to increase the limit of the
company's liability.
4. Notice of Cancellation or Chanae in Coveraae Endorsement
Tnis policy may not be canceled nor the coverage reduced by the
company without 30 days prior written notice of such cancellation
or reduction in coverage to the City Attorney, City of Lodi,
P.O. Box 3006, Lodi, CA 95241-1910.
G:ISTREETSILANDSCAPE1Assessment Districts12008-OW003-1 LLD maint specs for 2008 -09 -DOC 5.2 2/25/2008
d. Contractor shall have Contractor's insurance agent sign and return to the
City one copy of the City -furnished form of Additional Insured
Endorsement and form of Certificate of Insurance.
2.5 Assianment The Contractorshall not assign nor shall not attempt to assign this
agreement without the written consent of the City having been first obtained.
2.6 Damaaes Contractorwill reportto the Director's representative damages caused
by Contractor's employees or equipment to plant material, irrigation system or
other public facilities, and repair same at Contractor's expense.
2.7 Equipment Each bidder shall provide a list of equipment to be utilized for
landscape maintenance.
3. DESCRIPTION OF WORK
3.1 The Contractorshall furnish all labor, equipment and other services necessary
for the complete maintenance, in accordance with the provisions of this
agreement, of the following City of Lodi landscape areas. Site locations are
shown on Vicinity Maps, which are made a part of these specifications.
The landscape area is defined as all lawn areas, trees, shrubs, mowing strips,
hard surface, and adjacent walkways, ground cover, flower beds, bare areas, as
presently exist on the aforementioned sites. Islands and medians are the entire
site up to and including the intersecting point of concrete and asphalt.
All sites will be visited on a weekly frequency for the purposes of pruning,
weeding, litter or leaf removal.
4. MAINTENANCE SPECIFICATIONS
a. It is the intention of the City to require the highest level of quality in
landscape maintenance compatible with good practice.
b. The Contractor shall insure that all work under this agreement is supervised
by contractor employed supervisory personnel who are technically qualified
and possess management skill requiredto implement modern methods and
newly developed horticulture procedures. The contractor shall be
responsiblefor the skills, methods, appearance and actions of Contractor's
employees and for all work done.
C. Any plants, lawn, trees, shrubs, etcetera. which die while under the care of
the contractor during the length of this contract, will be replaced at the
contractor's expense with a like plant similar in size. This may be mitigated if
the contractor notifies the City's representative in writing, documenting the
problem, and what steps the contractor has done to maintain the plant and a
suggested course of action to correct the problem.
G:ISTREETSILANDSCAPEIAsses5mentDistricts12008-0912003-1 LLD maint specs for 2008-09.DOC 5.3 2/25/2008
4.2 Landscape Maintenance The Contractor shall maintain all landscaped areas on
the sites covered by this agreement in a healthy growing condition by performing
in the following operations and other work incidental thereto:
d. Weed. Disease and Pest Control
The Contractorshall be responsible for the selection and proper
application of insecticides, fungicides, herbicides or rodenticides.
Only a license -holding PCO or QAL will be allowed to apply
pesticide. The Contractor shall obtain approval for all pesticide
use from the Director's designated representative prior to use.
Any property damage resulting from the use of such pesticides
shall be the responsibilityof the Contractor.
2. Ground cover areas shall be kept 95% free of weeds minimum.
Weeding may be done manually or by the use of selective weed
killers of p re -e mergent sprays except as noted for daffodil planting
areas. The Contractorshall exercise extreme care in the use of
selective weed killers so as not to damage any other plants. If
spraying is permitted, it shall be done only when wind velocity
does not exceed five (5) m.p.h.
3. Gravel and decomposed granite areas shall be kept 99% free of
visibleweeds at all times, weeding as specified in the bid
document.
4. Should any site not be kept weed free as specified in items 2 and
3 above, the bid price for pruning, and weed control for that site
shall be deducted on per occurrence basis.
5. If poison baits are used for the control of moles, ground squirrels
and gophers, such baits shall be placed so as not to create a
hazard to persons or pets.
6. In non -turf areas, Ronstar G is preferred for pre-emerg e nt weed
control, and Roundup Pro is preferred for post-emergentweed
control.
7. The areas immediately adjacent to all landscaped areas and
maintained sites shall be kept weed free. This includes areas of
concrete curb and gutter to asphalt contacts, concrete median
ends, paving stones, sidewalks, and parking areas.
8. Any weeds left on any site that exceeds three (3) inches in height
shall be removed by mechanical (hand, hoe, etc.) means. Weeds
include, but are not limited to, dandelions, spurge, oxalis,
volunteer trees and shrubs, and/or any plant not planted on the
site.
G;%STREETS\LANDSCAPEIAssessment Districts12008-0912003-1 LLD maint specs for 2008-09. DOG 5.4 2/25/2008
e. Fertilizinq
Shrubs, trees, annuals, ground cover and all cultivated areas shall
be fertilized twice a year with City of Lodi supplied fertilizer in the
Spring and Fall as instructed by the Director's designated
representative.
2. All fertilized areas shall be watered immediately before and after
fertilizationto prevent burning. Burning due to improper
fertilization shall be considered as "property damage" and shall be
corrected by the Contractor. All fertilizers will be furnished by the
City c£ Lodi. All fertilizerwill be applied according to the label at
the proper rates for all turf, ground cover, shrubs, and trees.
Waterina
1. All water will be furnished by the City of Lodi at no charge to the
Contractor.
2. Wherever or at any time that a regularly installed sprinkler
irrigation system does not adequately cover the area in which it is
installed due to broken or malfunctioning component parts of the
system, it shall be the responsibility of the Contractor to
immediately report it to the Director's designated representative
and make necessary repairs. All repairs will be made by the
contractor and considered in the bid as normal maintenanceof
the irrigation system.
3. Watering shall be done in the early morning and shall be
controlled to prevent excessive run-off, ponding and overwatering
and shall comply with the City's Water Conservation Ordinance
(ExhibitA).
g. Prunin
Shrubs shall be pruned for shape and to remove and prevent
growth which will project into traffic lanes, sidewalks, walkways, or
parking areas so as not to hamper or cause i nte rference with
traffic. Adjacent to turn pockets, parking lot exits or near
intersectionswhere sight distance must be maintained, shrubs
shall be maintained at a height not greater than thirty (30) inches.
Pruning shall be performed as needed, at least quarterlywith one
quarter in June on the required plants. The Contractorshall also
notify the Director's representative when the pruning is completed.
All hedges shall be sheared as needed quarterly minimum. This
includes Photinia. Escalonia, Xylosma, Ligustrum, some
Pittosporum species, and any other plants designated as hedges
by the Directors representative. Plants that grow in a round or
"fountain" manner, such as Nandina or Berberis species, shall be
G:ISTREETSILANDSCAPEIAssessmentDistricts12008-0912003-1 LLD maint specs for 2008-09.DOC 5.5 2/25/2008
thinned, or thinned to the base, as needed. Natural growth habits
shall be encouraged, on these plants, and no shearing will be
permitted. Any plant material growing over or into the sites from
an adjacent site shall be pruned so it does mot encroach inot the
landscapedsite.
All Creeping Fig and Boston ivy shall be maintained at four (4)
inches from wall surfaces, trimmed as needed, quarterly
minimum, with one quarter in June, and maintained to prevent it
from growing under flashing, covering site identification signs,
lights, awnings, over the top of walls, etc., on an as needed basis.
2. Small tree pruning within the landscaped areas is part of this
contract. This contract includes ornamental and small shade
trees less than 25 feet tall. Pruning shall be done under the
supervision of a Certified Arborist.
h. Tree Stakinq
It shall be the responsibility of the Contractor to replace any
damaged tree stakes.
2. It shall be the responsibility of the Contractorto replace tree ties
as required and retie existing ties as required to keep them from
harming the tree trunk. The Contractor will furnish tree ties.
Cleanup and Recycling
The Contractor shall collect all leaves, clippings. trimmings,
cuttings, rubbish and any and all debris at each site covered by
the agreement and shall remove the same promptlyfrom each
site. This work is to be performed at each site on the prescribed
maintenance day as set forth in the contractor provided
maintenance schedule. All work shall be done at the Contractor's
expense. No clippings, trimmings, cuttings, rubbish or debris
resulting from Contractor's performance underthis agreement
shall be deposited in the refuse cans placed by the City at various
locations in the areas covered by this agreement.
2. Contractor must recycle or compost all green waste (grass
clippings, leaves, prunings, etc.) from City property in a manner
that does not add to solid waste. Contractor must provide
monthly accounting for waste recycling with the monthly bill.
Accounting will be done once a month provided with bill and must
include: Description of material being recycled; copies of certified
weight tickets of material being recycled, if no weight tickets are
available, documentation of estimated weight and/or cubic yards
of material being recycled; a description of where the material is
being recycled and it post recycling use.
GASTREETSILANDSCAPE1Assessment DistdaM2008-0912003-1 LLD maintsaecs for 2008-09.DOC 5.6 2/25/2008
3. All parking lots are to be cleared of loose debris, including but not
limited to leaves, small branches, loose papers, etc. Corner
clutter is also to be cleared. Cleaning of lots, parking areas,
driveways, any and all surfaces adjacent to landscaped areas
shall be to the property line for all sites.
k. Irriaation
Contractorshall maintain irrigation systems on all sites under contract.
Systems shall be monitored for adequate coverage and controlled to
prevent excessive runoff, ponding and over -watering. All watering shall
be done in compliance with the City of Lodi Water Conservation
Ordinance (Exhibit A). Should the watering cause violations to this
ordinance, the Contractor shall be responsible for compliance, and any
and all fines imposed by failure to comply. All items, which cause water
wasting, shall have corrections completed within twenty-four (24) hours
upon notification to the contactor by the City, including, but not limited to,
sprinklertimes, broken heads, and leaking valves. Contractor shall
protect existing facilities from freezing. Backflow preventers, vacuum
breakers shall be covered by Contractorwith City supplied insulated
covers.
2. It is Contractor's responsibilityto provide all maintenance on the irrigation
system by providing a dedicated technician that will be available to
respond to any irrigation problem within twenty-four hours. Irrigation
maintenance includes, but is not limited to, repair of broken lines, missing
heads, damage due to accidents or vandalism, tree roots, or any other
item that may cause the system to function improperly. All replacement
parts and materials shall be supplied by the Contractor.
3. It is the Contractor's responsibility to notifythe City's representative in
writing immediately upon discovery of any problem affecting the
appearance of a site or the health of any plants. Any plants, lawn, trees,
shrubs, etcetera, which die while under the care of the contractor during
the length of this contract, will be replaced at the contractor's expense
with a like plant similar in size. This may be mitigated if the contractor
notifies the City's representative in writing documenting the problem and
what steps must be taken to maintain the plant's health with a suggested
course of action to correct the problem. Once the contractor is notified
by the City of Lodi of any plant problem, it will be the contractor's
responsibility to correct any and all problems at their own expense
including plant replacement.
G:ISTREETSILANDSCAPEIAssessment Districts12008-0912003-1 LLD maintspecs for 2008-09.DOC 5.7 2/25/2008
EXHIBIT A
Water
Conservation
Ordinance
GASTREETSILANDSCAPEIAssessment Districts12008-0912003-1 LLD maint specs for 2008-09.DOC 5.8 2/25/2008
WATER CONSERVATION ORDINANCE
Lodi Municipal Code, Chapter 13.08, Article 111.
Waste. (Section 1313B220)
The waste of water is prohibited and any waste shall make the person
subject to the provisions of this article
Defined. (Section 13 08.230)
'Waste of water' inc4udes but is not limited to the following:
A Failureto repair a controllable leak of water:
6 The watering of lawns, flowerbeds, landscaping. ornamental plants or
gardens on days or at times otherthan those allowed in Section 13.08.240of
this article;
C. Washing of sidewalks, driveways. parking areas, tennis courts, patios.
streets or other exterior paved areas or buildings except when required to
remove any spillage of substances that may be a danger to public health or
safety;
D. Washing with water any motor vehicles. trailers or movable equipment
other than with a bucket and rinsing the vehicle or equipment by use of a
hose for not more than three minutes;
E Use of a hose without a positive shut off nozzle;
F The excess watering of any area so that water flows into a gutter or any
drainage area for a period exceeding three minutes.
G The unnecessary running of water in any residential, commercial or
industrial establishment onto the floor, pavement, ground or into any drain or
drainage area, with any equipment or in any way for more than three
mmutes,
H. Overwatering of lawns or landscapes from November 1 through
February 28, or during or immediatelyfollowing a rain.
Watering days/hours. (Section 13 08.240)
A. Days The watering of lawns. Rowerbeds. landscaping. Ornamental
plants or gardens throughout the year shall be allowed as follows:
1 Premises having odd numbered street addresses on Wednesday,
Friday and Sunday:
2 Premises having even numbered street addresses on Tuesday,
Thursday. and Saturday.
B Hours. Watering of lawns, flowerbeds. landscaping, ornamental plants
or gardens shall be allowed at any hour except that between May 1 and
September 30 (inclusive)of each year watering between the hours of 10 a.m.
and 6 p m. is prohibited
Enforcement procedures. (section 13 08 250)
A Whenever the City becomes aware of a waste of water the City shall
notify the person at the premises where the waste of water occurred by
delivering an Information Sheet The Information Sheet shall describe the
waste of water in order that it be corrected cured or abated immediately or
within such specified time as the City believes is reasonable under the
circumstances In addition the Information Sheet may be given to any other
Person known to the City who is responsible for that waste of water or the
correction thereof and may be delivered to the premises every time a waste
of water occurs
B. In the event of a second waste of water within a 12 month period, the
City will send a written notice stating the date(s), time(s) and types) of water
waste to the person who regularly receives the utility bill for the premises
where the wasting occurred.
C. In the event of a third waste of water within 12 months of any previous
waste of water, a written notice will be mailed assessing a thirty-five dollar
chargeto be addedto the next monthly utility bill.
D. In the event of a fourth waste of water within 12 months of any previous
waste of water, a written notice will be mailed assessing a seventy-five dollar
charge to be added to the next monthly utility bill.
E. In the event of a ffth or any subsequentwaste of water within 12 months
of any previous waste of water, a written notice will be mailed assessing a
one hundred and fifly dollar charge to be added to the next monthly utility bill.
The City may also require the owner or user to pay for the cost of installation
of a water meter service as a prerequisiteto continuing service. The City may
also install a flow restriction device, on the water sewice and require the
owner or userto pay for the costs of installation and/or removal.
Strict application (Section 13.08.260)
If the Public Works Director or a designated representative determines the
strict application of any of the provisions of this article may cause undue
hardship or public health or safety to suffer, or if other special circumstances
exist, the strict application may be waived. Special circumstances would
include. but not be limited to: newly planted areas, newly seeded areas,
washing down afler cement work and pressure washing a building before
painting. The decision of the public works director may be appealed to the
City Council as described in 13.08.265
of this article.
Appeals. (Section 13.08.270)
If the ruling made by the Public Works Director is unsatisfactory to the
person requesting reconsideration. the person may. within twenty days after
notification of the City's action, fide a written appeal to the City Council. The
written appeal shall be heard by the City Council within twenty days from the
date of filing. The City Council shall make a final ruling on the appeal within
twenty days of the hearing. The Public Works Director's decision, action or
determination shall remain in effect during such period of reconsideration
except that any charges assessed under this article will be stayed until the
City Council has made it's decision.
Violation -Infraction. (Section 13.08.280)
In addition to the enforcement procedures and surcharges set forth in this
article, any person who wastes water, as defined in this article. may also be
charged with an infraction.
Emergency water consewation-Purpose (Section 13.08.290)
The purpose of emergency water conservation is to assist meeting water
pressure andlor supply demands when the water system cannot or may not
be adequate and the failure to meet such demands may result in harm to the
water system and/or jeopardize the health and safety of the public. The
Public Works Director or a designated representative shall determine the
degree of emergency and determine what additional restrictions of water use
or other appropriate actions must be taken to protect the water system and
the citizens of Lodi.
PUBLIC WORKS DEPARTMENT
WATER CONSERVATION OFFICE
(209) 333-6829
INFORMATION SHEET
Iuirements of the City of Lodi Water Conservation Ordinance
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Ordinance Requirements -Water waste includes but is not limited to:
1 Allowing a controllable leak of water to go unrepaired.
2. Watering lawns, flower beds, landscaping, ornamental plants or gardens except on watering days as follows:
Odd -numbered addresses on Wednesday, Friday and Sunday; Even -numbered addresses on Tuesday,
Thursday, and Saturday. (WATERING IS NOT ALLOWED ON MONDAYS)
3. Watering lawns, flower beds, landscaping, ornamental plants and gardens between 14 a.m. and 6 p.m. from
May 1 through September 30 each year. (WATERING BETWEEN THOSE HOURS IS NOT ALLOWED)
4. Washing down sidewalks, driveways, parking areas, tennis courts, patios, other paved areas or buildings.
5. Washing any motorvehicle, trailer, boat, moveable equipment except with a bucket. A hose shall be used for
rinsing only and for not more than three (3) minutes.
6. Use of a hose without a positive shut off nozzle. (NO OPEN HOSES)
7. Allowing excess water to flow into a gutter or any drainage area for longer than three (3) minutes
8. Overwatering lawns/landscapes, specially from November 1 through February 28, or during and immediately after a rain.
Water Wasting Rates and Enforcement- Education and cooperation is our first goal, but the following enforcement
procedures and charges will be followed for water wasting.
-1st Water Waste - City will leave an information sheet describing the waste so that it maybe corrected.
-2nd Water Waste'. City will give written notice requiring corrective action. *Within 12 months of a 1st Water Waste
-3rd Water Waste*- City will give written notice, and a $35 charge will be added to the next utility bill. *Within 12 months of a 2nd Water Waste
-4th Water Waste'. City -will give written notice, and a $75 charge will be added to the next utility bill. " Within 12 months of a 3rd Water Waste
-5th and Subsequent Water Wastes'- City will give written notice and a $150 charge will be added to the next utility bill AND the City may
require a water meterand/or flow restrictorto be installed at the waster's expense
*Within 12 months of the previous Water Waste
Water saving tips and other Water Conservation Program information:
1 Beforewashing down paved areas for public health or safety (see #4 above) or for any special circumstances call the Water Conservation Office
at 333-6829 for prior approval.
2. If you need extra watering due to fertilizer application or for new turf/seeding, please First notify the Water Conservation Office at 333-6829.
3. For lawns with a run-off problem, apply water for a short period of time and then allow enough time for it to soak in before turning the water back on. for
example; 5 minutes on, 20 minutes off, 5 minutes on. This will increasethe amount of water being absorbed and decrease the amount of water running
into the gutter. Consult landscapers/gardeners/nurseries for improving your lawns water absorbing capacity and for other ideas.
4. During and following rain it is not necessaryto water lawns and landscaping, and normally from November 1 through February28, one watering perweek
or less is more than enough.
5 Regularly replace your back-up batteries in your automatic sprinkler controlsto preventexcess watering due to power failures or interruptions.
If you have any questions, need to discuss any violations, would like further information concerning
water conservation, or to report water waste, please call the Water Conservation Office at 333-6829.
This is Not a Citation. However, if you have
received any previous notice within the last
12 months, a written notice may follow.
MSC - 216 See reverse for full Water Conservation Ordinance. Revised 5/99
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