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HomeMy WebLinkAbout1997-06-23 City Council (49)BUDGET 1997-98 City of Pal. Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Community Services AGENDA DATE: June 23, 1997 CMR: 293:97 SUBJECT:AWARD OF CONTRACT TO DIABLO MANAGEMENT, INC. FOR CUBBERLEY CENTER LANDSCAPE MAINTENANCE LANDSCAPE COMMUNITY REQUEST This is a request that Council approve a twelve-month contract, with two twelve-month options, to Diablo Landscape Management, Inc., for landscape maintenance services at the Cubberley Community Center. Total funding requested (including change orders) for 1997- 98 equals $97,405. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached twelve-month contract, for fiscal year 1997-98, plus two twelve-month extensions for fiscal years 1998-99 and 1999- 00, to Diablo Landscape Management, Inc. in the following amounts and contingencies to cover unanticipated contract changes: Contract Initial twelve-month contract $84,700 First twelve-month contract $84,700 Second twelve-month contract $84,700 Total $254,100 Contingency Total $12,705 $97,405 $12,705 $97,405 $12,705 $97,405 $38,115 $292,215 The total amount of the contract, if both options are exercised, shall not exceed $292,215. Authorize the City Manager or her designee, to exercise the options for the two twelve- month periods, at her discretion, and to execute, any other documents necessary to implement the two twelve-month option periods of the contract. CMR:293:97 Page 1 of 3 POLICY IMPLICATIONS This report does not represent any change to existing City policies. EXECUTIVE SUMMARY The City Council, at its November 14, 1994 meeting (CMR 504:94), approvedan eight- month contract, with two twelve-month options, to John J. Shooter Inc., for landscape maintenance services at Cubbedey. The second twelve-month option with John J. Shooter, Inc., for landscape’ maintenance services at Cubberley will terminate on June 30, 1997. No additional contract options are available. Therefore, a new formal bid process was initiated in May 1997. Since the Cubberley Community Center has no regular landscape maintenance staff, all work must be contracted out. Cubberley landscape maintenance includes general grounds maintenance including the mowing of turf areas, debris pickup, litter pickup, pruning of bushes and shrubs, irrigation system maintenance and watering, and several special maintenance projects. These special projects include monthly .washing of tennis courts, dragging of softball diamonds and the running track, and annual renovation of the athletic field turf areas, running track and softball diamonds. The Cubberley athletic fields are the most heavily used fields in the City. They are used on a regular basis by Bobby Sox Softball, American Youth Soccer Organization, California Youth Soccer Association, Palo Alto Adult Soccer League, Bay Area Women’s Soccer League, Tomahawks Soccer Organization, Foothill College golf and soccer programs, industrial softball leagues, Palo Alto XO Rugby Club and by thousands of individual community members. Bid Process A competitive bid process was initiated on May 9, 1997. A four-week bidding period to examine the site and develop bids was provided for prospective contractors. A mandatory pre-bid meeting was held on May 20, 1997, with six contractors attending. Bids were received from two qualified contractors on June 3, 1997, as listed in the attached bid summary (Attachment A). Bids ranged from a high of $289,617 to a low bid of $254,100. Bid Evaluation Staff evaluated the bid responses using the following criteria: 1. Ability of the contractor to conform to specifications; 2. Previous experience and record of satisfactory performance; 3. Ability to supply the necessary personnel, resources, expertise, equipment, supplies and materials to meet all the contract requirements; 4.Accuracy of the bid; and 5.The lowest responsible bidder whose bid meets the requirements set forth in the bid document (NIFB). CMR:293:97 Page 2 of 3 Staffreviewed all bids and recommends contracting with the lowest responsible bidder. Staff contacted the Contractors’ State License Board and verified that Diablo Landscape Management, Inc. has an active contractor’s license, and that there are no pending disciplinary actions. Staff also contacted three past clients and found performance to be satisfactory. FISCAL IMPACT The new contract is $97,405 (including contingency) for a twelve month peribd, which is an increase of $14,608 over last year’s landscape maintenance amount and over the proposed 1997-98 budget. The final year of John J. Shooter, Inc. contract totaled $82,797. The increase is a result of inflation and increased change order authority. Funds are available within the Community Services budget to cover this increase. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302 of the CEQA Guidelines. ATTACHMENTS Attachment A - Bid Tabulation Sheet Contract: Diablo Landscape Management, Inc. PREPARED BY: Del Thorpe, Cubberley Center Manager DEPARTMENT HEAD REVIEW: PAUL THILTGEN Director of Community Services CITY MANAGER APPROVAL: Manager CMR:293:97 Page 3 of 3 ATTACHMENT A Bid Tabulation Sheet Vendor Name Diablo Landscape Maintenance, Inc. John J. Shooter, Inc. Cagwin & Dorward Landscape Contractors Loral Landscaping Inc. Pacheco Brothers Gardening, Inc. Shimada Landscape Inc. Valley Crest Landscape,. Inc. City San Jose Menlo Park Pleasanton Initial 12 month contract 84,700. 94,743. First 12 month option 84,700. 96,527. Second 12 month option 84,700. 98,347. No bid. Too busy right now. Bid Total 254,100. 289,617. Belmont No bid. Too busy right now. Hayward No bid. Too many rules and regulations. We cannot be competitive on this project. Sunnyvale No bid. We do not supply this service Pleasanton No bid. Too busy right now. FORMAL CONTRACT SECTION 500 CONTRACT No. (Public Work) This Contract, dated 6/10/97 , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the S~ate of California ("City") , and Diablo Landscape Management, Inc., a Contractor, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordationof the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. This Contract may be terminated for convenience by the City upon ten (10) days’, prior written notice. .General.Scope Of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project: Total Bid: Cubberley Community Center Landscape Maintenance, No. 96780 $ 254,100.00 Contract Documents. This contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby.incorporated by reference. For the purposes of construing, !nterpreting and resolving inconsistencies between and among the provisions of this Contract, these documents .and the provisions thereof are set forth in the following descending order of precedence. ao g. h. j. k. I. This Contract. Notice Inviting Formal Bids. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Draw!rigs and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract CITY OF PALO ALTO: (96780)SECTION 500-1 OF 8 FORMAL CONTRACT SECTION 500 and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1 992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person v~ho is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, .employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100- 25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. CITY OF PALO ALTO: (96780)’SECTION 500-2 OF 8 FORMAL CONTRACT SECTION 500 Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. 10. 11. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials. Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice Inviting Formal Bids. Representat ons and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Co eo fo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be flied, on the date that final payment is made .hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; go Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract CITY OF PALO ALTO: (96780}SECTION 500-3 OF 8 FORMAL CONTRACT SECTION 500 shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; ko Contractor and any person performing labor and se.rvices under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12o Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 13. 14., Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or .earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 15.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to thetelephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue CITY OF PALO ALTO: (96780)SECTION 500-4 OF 8 FORMAL CONTRACT P.O. Box 10250 Palo Alto, CA 94303 SECTION 500 Copy to:City of Palo Alto Department of Community Services 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 PHONE: (415) 329-2602 FAX: (415) 856-8756 ATTN. Del Thorpe Project Engineer To Contractor:Diablo Landscape Management, Inc. 250 Commercial Street San Jose CA 95112 PHONE: (408) 297-6489 FAX: (408) 288-2940 ATTN.: T.om Ellington 16.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any ti.me within a fiscal year in the event that funds are only apprOpriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. . 17.Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitionsl The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default.on account of any delay or failure to perform its obligations Under this Contract which directly results from an Act of God or an act of a superior governmental authority. CITY OF PALO ALTO: (96780)SECTION 500-5 OF 8 FORMAL CONTRACT SECTION 500 f.Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referredto in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments here{o between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract .shall inure to the benefit of, and shall apply .to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunderl the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of California in the City of San Jose. Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. ~ITY OF PALO ALTO: (96780)SECTION 500-6 OF 8 FORMAL CONTRACT SECTION 500 IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above.. ATTEST:CITY OF PALO ALTO City Clerk APPROVED: By: Its: Mayor CONTRACTOR:Landscap Inc. City Manager Director of Community Services Director of Administrative Services By: Name: Tom Ellin_~.ton Title:Vice President/General Manager Taxpayer I.D. No. #94-2499431 Manager, Contract Administration APPROVED AS TO FORM: Senior Asst.. City Attorney Cl-’-~Y OF PALO ALT6: (96780-------’~SECTION 500-TOF 8 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CALIFORNIA COUNTY OF ~.CpNTRA COSTA On June 10, 1997 in and for said County, personally appeared , before me, David H. Selvy Tom Ellington , a notary public 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. (Seal) DAVID H, SELVY’ ~ Oomm #112396-3 t3 ~TAP,’~ PtJB[IC. CALIFORNIA=-’ CONTRA ,~,OSTA COUNTY QCon;m Exp Jar~ 18 2001 -~ END OF SECTION CITY OF PALO ALTO: (96780)SECTION 500-8 OF 8 PART II -CERTIFICATION OF NONDISCRIMINATION SECTION410 PROJECT TITLE:CUBBERLEY COMMUNITY CENTER LANDSCAPE MAINTENANCE J~ertification of Nondiscrimination1 As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certifies that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with. all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies" which affirmatively promote opportunities for minority persons at all job. levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those.se .tying minority communities, and to the minority communities at large. 3:0 To take affirmative action steps to hire minority employees Within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations ~ concerning affirmative action policies and provide opportunities for.employees. Firm: Diablo Landscap~ Management, Inc.DATE: 6/3/97 Please include, any additional information available regarding equal opportunity emPloyment prpgrams now in effect within your company. see att~ached (Plem att=ch additional p~l~z if ~ END OF SECTION CITY OF PALO ALTO: NON-DISCRIMINATION (96780)SECTION. 00410-1 DIABLO LANDSCAPE MANAGEMENT, INC. March 17, 1997 AFFIRMATIVE ACTION PROGRAM FOR EQUAL EMPLOYMENT OPPORTUNITY Our company policy regarding employment opportunity without regard to race, creed or color has been practiced in all departments. We have appointed Mr. David Selvy to the position of Equal Employment Officer. Mr. Selvy has the authority and responsibility to enforce the policy expounded in our written instructions referred to above. Mr. Selvy is qualified to administer and promote the company policy. All personnel in a position to offer em’ployment are kept reminded by the Equal Opportunity Officer of the company’s policy of nomdiscrimination. All communications by him are circulated to assure recognition by everyone .of the intent of the company to practice equality in employment, promotion and scale of pay. It is required of the EEO that he communicate on a continuing basis with all persons authorized to hire, promote or discharge employees. He must also keep them aware of, and responsive to the company policy of non- discrimination. This is done by written communication and by including an indoctrination period in staff meetings. This contractor agrees to submit, if requested, a breakdown of his current work force, showing the extent of minority representation. This contractor gives assurance that any advertisement for employment contains the notation "An Equal Opportunity Employer" and if hiring, will be inserted in newspapers having a large circulation among minority groups in the area from which the project work force normally would be derived. It is the company’.s intent to give wide circulation to the policies enumerated here. To that end, the Equal Opportunity Officer is required to utilize all opportunities for personal contact with present employees to inform them of the company’s commitment to equai opportunity:. Recruitment through public and/or private employee referral sources is done on a non- discriminatory basis. It is company policy to require applications, both verbal and written to such sources to include an affirmative statement of our policy, including but not limited to inclusion of the statement that this company is "An Equal Opportunity Employer". Referral sources as used above include employment agencies, school and college placement bureaus, and such sources as may be developed by the action described in the preceding Faragrapn. ~t is ",.h,= ~ ccmpany’s policy to encourage referrals by presenIly employed minorit7 grouc. .-.emb, ers oi: prospective employees This ~ractice has been successful as demcnsr.rar.ed :,; ",.he percen,[age of minority group members employed through Lhis method DIABLO LANDSCAPE MANAGEMENT, INC. DIABLO LANDSCAPE MANAGEMENT. INC. guarantees that its wages, working conditions and employee benefits are determined and administered on a non-discriminatory basis. Annual reviews, merit advances: upgrading, termination, promotions, layoffs and demotions are a policy of this firm. All are handled on a nondiscriminatory basis, and will continue in the future. This firm gives assurance it has. and will continue, its non-discriminatory policy w~th regard to upgrading, promotions,, transfer, demotions, layoffs and termination of employment. This firm has not and will not discriminate against any of its employees because of race, co!or, creed, sex or national origin. Mr. Selvy, as EEO Officer, will maintain this policy. - This contractor agrees to solicit the submission of bids from qualified minority group subcontractors, and from subcontractors with minority representation among their employees. This contractor agrees to keep such records as are necessary to determine compliance with, and progress under his equal opportunity program. These records will be designed to indicate: The number Of minority group members employed in each work classification during every period of contract performance. The progress being made in cooperation with the unions to increase minority group employment opportunities. The progress being made in locating, hiring, training, qualifying and upgrading minority group employees. The progress being made in securing the services of minority group subcontractors, and the general .progress being made by each subcontractor regularly usedby the contractor, under such subcontractor’s Equal Employment Opportunity Program. This contractor agrees to submit, if requested, to the Affirmative Action Committee a monthly report for the first three months after the contract begins, and thereafter upon request, for the duration of the contract, indicating the total number of employees engaged in each work classification required by the contract work.