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HomeMy WebLinkAbout1993-296 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-296 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR .FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICES FOR SEVENTEEN (17) LOCATIONS PURSUANT TO BID SPECIFICATION NO. F-94- 01. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute of behalf of said City an Agreement with Golden West Landscape Contractor for the furnishing and delivery of annual maintenance services for seventeen (17) locations, for a total cost of $41,388.00, in accordance with Bid Specification No. F-94- 01, a copy of which is attached hereto and incorporated herein, marked Exhibit "A." SECTION 2. Any monies paid to Golden West Landscape Contractor for the month of July, 1993 pursuant to City of San Bernardino Resolution No. 93-257 shall constitute a credit against the above-referenced Agreement. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / 1 RES 93-296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICES FOR SEVENTEEN (17) LOCATIONS PURSUANT TO BID SPECIFICATION NO. F-94-01. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the reqular day of Auqust 2nd , 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE ----1L CURLIN ----1L HERNANDEZ x OBERHELMAN x OFFICE VACANT POPE-LUDLAM ----1L MILLER ----1L a~~ City'clerk The foregoing resolution is hereby approved this 5~ day of 1I"\1""t: , 1993. / ~~~tA'<;" Tom Mino , Mayor -- City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, :::yz~~.~ -- . 2 Res, 93-;196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT This AGREEMENT is made and entered into by and CITY OF SAN BERNARDINO, a municipal corporation, called "CITY," and GOLDEN WEST LANDSCAPE CONTRACTOR, called "GOLDEN WEST." between the hereinafter hereinafter CITY and GOLDEN WEST agree as follows: 1. GOLDEN WEST shall provide to the CITY landscape maintenance services for seventeen (17) locations as specified in and in accordance with the General and Technical Specifications for Bid Specification No. F-94-01, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A," (hereinafter referred to as the "Specifications"). 2. CITY shall pay to GOLDEN WEST the total sum of Forty- one-thousand-three-hundred-eighty-eight Dollars ($41,388.00) in accordance with the terms of the Specifications. 3. The term of this Agreement is for one year, from July 1, 1993, through June 30, 1994, and may, at the CITY's option, be renewed under the same terms and conditions for two (2) additional one-year periods, in accordance with the terms of the Specifications. 4. It is understood and agreed by the parties that the Mayor and Common Council of City have directed that a purchase order be issued to secure services under this Agreement for the month of July, 1993, only, pending execution of this Agreement. Any payment which has been made by CITY to GOLDEN WEST under such purchase order shall constitute a credit against any amounts owed under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the \<")"'\-"'-. day of ~>).(\,\.~'<t , 1993. GOLDEN WEST LANDSCAPE CONTRACTOR CITY OF SAN BERNARDINO /if- . ~~tJ ,- ~ .~~ '-'YIL{~ Narciso O. Valdovinos, Owner Tom Minor, Mayor Approved as to form and legal content: ATTEST: ()~~ Racnel Clark, City Clerk JAMES F. PENMAN, City Attorney By:L~& 1 . ,\2,~~y, GENERAL AND TECHNICAL SPECIFICATIONS SPECIFICATION NO. F-94-01 PROVISION OF Professional Services . SERV ICES FOR Annual Landscape Maintenance Contract for 17 locations THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE TO BIDDERS IT IS NOT THE INTENT OF CITY TO RULE OUT OR ELIMINATE ANY PROSPECTIVE BIDDER OR PROVIDER OF SERVICES. IF THE SERVICE YOU INTEND TO BID DOES NOT COMPLY WITH THE SPECIFICATIONS AS WRITTEN, YOU ARE INSTRUCTED TO ATTACH TO YOUR BID PROPOSAL A COMPLETE ITEMIZATION AND EXPLANATION. THE CITY OF SAN BERNARDINO MAY, AT ITS OWN DISCRETION, CONSIDER OR DENY ANY DEVIATION AND ACCEPT THE OFFER WHICH BEST SUITS ITS INTENDED USAGE. IT IS THE INTENT OF THESE SPECIFICATIONS TO COVER THE PROVISION TO THE CITY OF SAN BERNARDINO OF COMPLETE SERVICES AS HEREINAFTER MENTIONED WITH A VIEW TO OBTAINING THE BEST RESULTS AND THE MOST ACCEPTABLE SER- VICE. THESE SPECIFICATIONS COVER GENERAL REQUIREMENTS AS TO THE TYPE OF SERVICES, TOGETHER WITH CERTAIN TECHNICAL DETAILS WITH WHICH THE SUCCESS- FUL BIDDER MUST CONFORM, AND SPECIFICATION NO. F-94-1 INCLUDES BOTH THE GENERAL AND TECHNICAL SPECIFICATIONS SET FORTH. -1- ~0 Svc Exhibit A RES 93-296 r ,IFICATION NO. F-94-01 GENERAL SPECIFICATIONS , . . MINIMUM REQUIREMENTS EACH ~ID SHALL BE IN ACCORDANCE WITH SPECIFICATION NO. ~-94-01 ALL SPECIFICATIONS ARE MINIMUM. BIDDERS ARE EXPECTED !U MtET OR EXCEED THESE SPECIFICATIONS AS WRITTEN, AND RIDDER SHALL ATTACH TO BID PROPOSAL A COMPLETE DETAILED ITEMIZATION AND EXPLANATION OF SERVICES OFFERED, INCLUDING EACH AND EVERY DEVIATION OR VARIATION FROM THESE SPECIFICATIONS. CONDITIONAL BIDS, OR THOSE WHICH TAKE EXCEPTION TO THE SPECIFICATIONS, MAY BE CONSIDERED NONRESPONSIVE AND MAY BE REJECTED. 2. ACCEPTANCE OF BIDS THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS AND TO AWARD A CONTRACT TO THE BIDDER WHO BEST MEETS CITY REQUIREMENTS. THIS MAY INCLUDE WAIVER OF MINOR IRREGULARITIES OR DISCREPANCIES OR NONCONFORMITY TO SPECIFICATIONS IN APPROPRIATE CIRCUMSTANCES. ACCEPTANCE SHALL BE ON A BEST BUY BASIS AFTER DUE CONSIDERATION OF ALL RELEVANT FACTORS. 3. QUANTITY DEVIATION THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO DEVIATE AS TO QUANTITY OF SERVICES SPECIFIED. SHOULD CHANGES AFFECT THE COST OF, OR THE TI~lE REQUIRED FOR PERFORMANCE OF THE SERVICES, ANO EQUITABLE ADJUSTMENT IN THE PRICE OR DELIVERY OR BOTH SHALL BE MADE. 4. FIRM OFFER BIDS SHALL BE FIR~l OFFERS, SUBJECT OT ACCEPTANCE OR REJECTION WITHIN ~v ( 60) DAYS OF THE OPENING THEREOF. 5. REPUTABLE BIDDERS NO BIDDER SHALL BE ACCEPTABLE WHO IS NOT A REPUTABLE PROVIDER OF SERVICES AS SUBMITTED FOR BID CONSIDERATION. 6. INSPECTION AND ACCEPTANCE OF SERVICES THE SERVICES FURNISHED SHALL BE EXACTLY AS SPECIFIED IN THESE SPECIFICATIONS, FREE FROM ALL DEFECTS IN BIDDER"S PERFORMANCE, AND EXCEPT AS OTHERWISE PROVIDED IN THESE SPECIFICATIONS, SHALL BE SUBJECT TO INSPECTION AND TEST BY THE CITY AT ALL TIMES AND PLACES. IF, PRIOR TO FINAL ACCEPTANCE, ANY SERVICES ARE FOUND TO BE INCOMPLETE OR NOT AS SPECIFIED, THE CITY t.1AY REJECT THEM, REQUIRE BIDDER TO CORRECT THEM WITHOUT CHARGE, OR REQUIRE DELIVERY OF SERVICES AT A REDUCTION IN PRICE WHICH IS EQUITABLE UNDER THE CIRCUMSTANCES. IF THE BIDDER IS UNABLE OR REFUSES TO CORRECT SUCH ITEMS WITHIN A TIME DEEMED REASONABLE BY THE CITY, THE CITY MAY UNILATERALLY TERMINATE THE AGREEMENT WITH THE SUCCESSFUL BIDDER IN WHOLE OR IN PART. IN SUCH A -2- Svc R1 1-10-91 RES 93-296 SPECIFICATION NO. F-94-01 CASE, BIDDER SHALL REIMBURSE CITY FOR ALL TRANSPORTATION COSTS, OTHER_ RELATED COSTS INCURRED, OR PAYMENTS TO BUYER IN ACCORDANCE WITH THE TERMS OF THESE SPECIFICATIONS FOR UNACCEPTED SERVICES. NOTWITHSTANDING FINAL ACCEPTANCE AND PAYMENT, BIUDER SHALL BE LIABLE FOR LATENT DEFECTS 0:1 rRAUD. 7. PATENTED PROCESS BIDDER SHALL DEFEND ANY AND ALL SUITS AND ASSUME ALL LIABILITY FOR ANY AND ALL CLAIMS MADE AGAINST THE CITY OF SAN BERNARDINO. OR ANY OF ITS OFFICIALS OR AGENTS FOR THE USE OF ANY PATENTED PROCESS. DEVICE OR ART- ICLE CONNECTED WITH THE SERVICES TO BE FURNISHED. 8. SERVICE PROVISION DATE - TIME OF ESSENCE EACH BIDDER SHALL STATE IN HIS OR HER BID PROPOSAL THE GUARANTEED DATE OF PROVISION OF SERVICES IN NUMBER OF CALENDAR DAYS FROM THE DATE OF ENTRY INTO AGREEMENT WITH CITY. TIME IS OF THE ESSENCE IN PERFORMANCE OF SPECIFIED SERVICES. 9. PAYMENT CITY SHALL MAKE PAYMENT BY CHECK WITHIN THIRTY (30) DAYS AFTER COMPLETION OF DELIVERY OF THE SERVICES AND RECEIPT OF BIDDER'S PRICE INVOICE. 10. SAFETY REGULATIONS ANY ITEMS AND ALL WORK WHICH THE BIDDER PROPOSES TO FURNISH TO THE CITY OF SAN BERNARDINO MUST COMPLY IN ALL RESPECTS WITH ALL APPLICABLE SAFETY REGULATIONS OF ALL REGULATORY COMMISSIONS OF THE FEDERAL GOVERNMENT AND THE STATE OF CALIFORNIA. 11. LIABILITY FOR MATERIALS FURNISHED BY CITY BIDDER ASSUMES COMPLETE LIABILITY FOR ANY MATERIALS FURNISHED BY CITY TO BIDDER IN CONNECTION WITH ANY RESULTANT ORDER AND BIDDER AGREES TO PAY FOR ALL SUCH MATERIAL DAMAGED BY IT OR NOT OTHERWISE ACCOUNTED FOR TO CITY'S SATISFACTION. 12. INDEPENDENT CONTRACTOR RELATIONSHIP OF THE BIDDER TO THE CITY SHALL BE THAT OF AN INDEPENDENT CONTRACTOR. 13. INDEMNIFICATION AND CLEAN-UP IF BIDDER'S WORK UNDER THIS BID INVOLVES PERFORMANCE BY BIDDER AT CITY'S SITES OR FACILITIES, THE FOLLOWING PROVISIONS SHALL APPLY: A. LIENS. BIDDER AGREES TO: (1) INDEMNIFY AND HOLD HARMLESS CITY FROM ALL CLAIMS, DEMANDS, -3- Svc Rl 8-10-89 I"" 93-'96 SPECIFICATION NO. F-94-01 CAUSES OF ACTION OR SUITS. OF WHATEVER NATURE. ARISING OUT OF THE SERVICES FURNISHED BY BIDDER OR HIS OR HER SUBCONTRACTORS UNDER THIS ORDER. AND FROM ALL LABORERS'. MATERIAL PROVIDERS' ^~D ~ECHA~ICS' LIENS UPON THE REAL PROPERTY UPON WHICH THE WORK 1) LUCATED OR ANY OTHER PROPERTY OF THE CITY. (2) PROMPTLY NOTIFY CITY. IN WRITING. OF ANY SUCH CLAIMS. DE- MANDS, CAUSES OF ACTION, OR SUITS BROUGHT TO HIS OR HER ATTENT- ION. BIDDER SHALL FORWARD WITH SUCH NOTIFICATION COPIES OF ALL PERTINENT PAPERS RECEIVED BY BIDDER WITH RESPECT TO THE SAME AND, AT THE REQUEST OF CITY, SHALL DO ALL THINGS AND EXECUTE AND DELIVER ALL APPROPRIATE DOCUMENTS AND ASSIGNMENTS IN FAVOR OF CITY OF. ALL BIDDER'S RIGHTS AND CLAIMS GROWING OUT OF SUCH ASSERTED CLAIMS AS WILL ENABLE CITY TO PROTECT ITS INTEREST. B. CLEANING UP BIDDER SHALL AT ALL TIMES KEEP CITY'S PREMISES WHERE THE WORK IS PERFORM- ED AND ADJOINING PREMISES FREE FROM ACCUMULATIONS OF WASTE MATERIAL OR RUBBISH CAUSED BY HIS OR HER EMPLOYEES OR SUBCONTRACTORS, AND AT THE COMPLETION OF THE WORK, SHALL LEAVE THE WORK "BROOM CLEAN" OR AS MORE EXACTLY SPECIFIED. 14. PERMITS AND LICENSES BIDDER AGREES TO PROCURE ALL NECESSARY PERMITS OR LICENSES AND ABIDE BY ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES OF THE UNITED STATES AND OF THE STATE, COUNTY AND CITY IN WHICH THE WORK UNDER THIS ORDER IS PERFORMED. BIDDER SHALL BE LIABLE FOR ALL DAMAGES AND SHALL INDEMNIFY AND SAVE CITY HARMLESS FROM AND AGAINST ALL DAMAGES AND LIABILITY WHICH MAY ARISE OUT OF THE FAILURE OF THE BIDDER TO SECURE AND PAY FOR ANY SUCH LICENSES OR PERMITS OR TO COMPLY FULLY WITH ANY AND ALL APPLICABLE LAWS, ORDINANCES, AND REGULATIONS. 15. DAMAGES BY SUBMITTING A BID, EACH BIDDER AGREES THAT IN THE EVENT SERVICES ARE NOT FULLY RENDERED WITHIN THE TIME OR TIMES SET FORTH PURSUANT TO THIS SPECIFICATION, DAMAGE WILL BE SUSTAINED BY THE CITY, AND THAT IT IS AND WILL BE IMPRAtT1CAL AND EXTREMELY DIFFICULT TO ASCERTAIN AND DETER- MINE THE ACTUALOA~GE WHICH THE CITY WILL SUSTAIN IN THE EVENT OF AND BY REASON OF suCH DEtAy. . THEREFORE, IT IS AGREED THE SUCCESSFUL BIDDER SHALL PAY TO THE CnY-AS fIXED AND LIQUIDATED DAMAGES, AND NOT AS A PENALTY, A DOLLAR SUM IN.THE AMOUNrOF. $ NjA DOLLARS PER CALENDAR DAY FOR EACH ANEiJ~VER'LCA[;tNDAR DAY'S DELAY IN RENDERING SERVICES IN EXCESS OF THE TIME OR:TIMES-Sf'EGtFLE.D. ANY BIDDER BELIEVING LIQUIDATED DAMAGES SHOULD BE IN A LE'SSER,AMOUNT MAr.SO SPECIFY AS AN ALTERNATE BID, WHICH THE CITY MAY ACCEPr-OR,~&JECTi! ~tK DAMAGES SO INCURRED MAY BE DEDUCTED BY THE CITY FROM THE~WD IU.~oN~RIJ:E AT TIME OF PAYMENT. IN THE EVENT THE SUCCESSFUL BIDDER ~~}t5JVDI NOE~ SERVICES AS SPECIFIED, BID AND AWARDED, WITHIN TEN CALENDAR D~' , $PiCIFIED , . J -4- ':'i '1..1.' .:,.-; ~ ',' :~ RES 93-296 SPECIFICATION NO. F-94-01 CONTRACT DELIVERY DATE, THE CITY SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT WITHOUT BEING LIABLE TO THE CONTRACTOR AND ACQUIRE SAID ALTERNATE SERVICES AS THE CITY DEEMS APPROPRIATE. UPON SUCH TERMINAT- ION, CITY SHALL BE UNDER NO FURTHER OBLIGATION TO BIDDER. 16. TERMINATION CITY SHALL HAVE THE RIGHT TO TERMINATE THE WHOLE OR ANY PART OF ANY AGREEMENT WITH BIDDER FOR ANY REASON BY GIVING THIRTY DAYS ADVANCE WRITTEN NOTICE TO BIDDER. 17. DELAY BEYOND CONTROL OF BIDDER IN CASE THE PERFORMANCE OF SERVICES UNDER THIS CONTRACT IS DELAYED DUE TO STRIKES, INJUNCTIONS, GOVERNMENT CONTROLS, OR BY REASON OF ANY CAUSE OR CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTRACTOR, THE TIME FOR DELIVERY MAY BE EXTENDED (IN CITY'S SOLE DISCRETION) BY A NUMBER OF DAYS TO BE DETERMINED IN EACH INSTANCE BY MUTUAL WRITTEN AGREEMENT BETWEEN THE SUCCESSFUL BIDDER AND THE PURCHASING AGENT OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA. CITY SHALL NOT UNREASONABLY REFUSE SUCH EXTENSION. 18. ACCEPTANCE OF BID CONSTITUTES CONTRACT EACH BID WILL BE SUBMITTED AND RECEIVED WITH THE UNDERSTANDING THAT THE ACCEPTANCE BY THE CITY OF SAN BERNARDINO OF THE BID TO RENDER SPECIFIED SERVICES DESCRIBED HEREIN SHALL CONSTITUTE A CONTRACT BETWEEN THE SUCCESS- FUL BIDDER AND THE CITY WHICH SHALL BIND THE SUCCESSFUL BIDDER ON HIS OR HER PART TO PROVIDE SERVICES AT THE PRICE (BID) GIVEN AND IN ACCORDANCE WITH PROVISIONS OF SPECIFICATION NO. F-94-01 19. PROHIBITED INTEREST NO MEMBER, OFFICER, OR EMPLOYEE OF THE CITY OR OF ANY AGENCY OF CITY DURING HIS OR HER TENURE OR FOR ONE YEAR THEREAFTER SHALL HAVE ANY INTEREST, DIRECT OR INDIRECT IN THIS CONTRACT OR THE PROCEEDS THEREOF. FURTHERMORE, THE PARTIES HERETO CONVENANT AND AGREE THAT TO THEIR KNOWLEDGE NO BOARD MEMBER, OFFICER, OR EMPLOYEE OF THE CITY HAS ANY INTEREST, WHETHER CONTRACT- UAL, NONCONTRACTUAL, FINANCIAL OR OTHERWISE, IN THIS TRANSACTION, OR IN THE BUSiNESS OF THE CONTRACTING PARTY OTHER THAN THE CITY, AND THAT IF ANY SUCH INTEREST COMES TO THE KNOWLEDGE OF EITHER PARTY AT ANY TIME, A FULL AND COMPLETE DISCLOSURE OF ALL SUCH INFORMATION WILL BE MADE IN WRITING TO THE OTHER PARTY OR PARTIES, EVEN IF SUCH INTEREST WOULD NOT BE CONSIDERED A CONFLICT OF INTEREST UNDER ARTICLE 4 (COMMENCING WITH SECTION 1090) OR ARTICLE 4.6 (COMMENCING WITH SECTION 1120) OF DIVISION 4 OF TITLE I OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 20. iNTEGRATION OF DOCUMENTS THESE SPECIFICATIONS, THE NOTICE INVITING BIDS, THE CONTRACTOR'S BID PROPOSAL, ANY WRITTEN AGREEMENT EXECUTED BY THE PARTIES, ALL DOCUMENTS -5- Rl 8-10-89 Svc RES 93-296 -SPECIFICATION NO. F-94-01 REfERRED TO IN THE COMPLETE SPECIFICATIONS AND ALL MODIFICATIONS OF SAID DOCUMENTS SHALL BE CONSTRUED TOGETHER AS ONE DOCUMENT. ANYTHING CALLED FOR IN ANY ONE OF SAID DOCUMENTS SHALL BE DEEMED TO BE REQUIRED EQUALLY AS IF CALLED FOR IN ALL. ANYTHING NECESSARY TO COMPLETE THE WORK PROPERLY SHALL BER PERFORMED BY THE CONTRACTOR, WHETHER SPECIFICALLY SET OUT IN THE CONTRACT OR NOT. ALL SECTIONS OF THE SPECIFICATIONS SHALL BE READ AND INTERPRETED AS CONSTITUTING A WHOLE AND NOT AS AN AGGREGATION OF INDIVIDUAL PARTS. AND WHATEVER IS SPECIFIED IN ONE SECT- ION SHALL BE CONSTRUED AS APPLYING TO ALL SECTIONS. 21. PROMPT PAYMENT DISCOUNT EACH BIDDER MAY STIPULATE IN HIS OR HER BID PROPOSAL A PERCENTAGE PROMPT PAYMENT DISCOUNT TO BE TAKEN BY THE CITY IN THE EVENT CITY MAKES PAYMENT TO BIDDER WITHIN THE PROMPT PAYMENT TERMS OFFERED AND IN RECEIPT OF COMPLETION OF SERVICES AND APPROVAL OF INVOICE. FOR THE PURPOSE OF THIS PROVISION, PAYMENT IS DEEMED TO BE MADE ON THE DATE OF MAILING OF THE CITY CHECK. 22. 'INQUIRIES REFER ALL INQUIRIES REGARDING THIS BID TO (714) 384-5085. 23. FORM OF BID Cean R. t-Eech, Purchasing Agent NO BID WILL BE ACCEPTABLE UNLESS IT IS MADE ON THE PROPOSAL FORM FURNISHED BY THE CITY HEREIN. DELIVER ALL BIDS. SIGNED AND SEALED. TO THE OFFICE OF THE PURCHASING AGENT. 250 WEST CLUSTER STREET. SAN BERNARDINO. CALIF- ORNIA 92408 WITH THE SPECIFICATION TITLE AND NUMBER CLEARLY MARKED ON THE OUTSIDE OF THE ENVELOPE. ALL BIDS MUST BE RECEIVED IN THE OFFICE OF THE PURCHASING AGENT BY 10:00 A.M. Tuesday, May 25, 1993 WHERE AT SAID PLACE AND TIME SAID BIDS WILL BE PUBLICLY OPENED. EXAMINED AND DECLARED. ANY BID MAY BE WITHDRAWN PRIOR TO THE ABOVE SCHEDULED TIME FOR THE OPENING OF BIDS. ANY BID RECEIVED AFTER THE TIME AND DATE SPECIFIED SHALL NOT BE CONSIDERED. 24. SEPARATE CONTRACTS THE CITY OF SAN BERNARDINO RESERVES THE RIGHT AT ITS OWN DISCRETION TO AWARD SEPARATE CONTRACTS FOR EACH CATEGORY OR AWARD ONE CONTRACT FOR RENDERING OF ALL SERVICES IN ALL CATEGORIES. 25. ASSIGNMENT OF INTEREST IN SUBMITTING A BID TO A PUBLIC PURCHASING BODY. THE BIDDER OFFERS AND AGREES THAT IF THE BID IS ACCEPTED. IT WILL ASSIGN TO THE PURCHASING BODY ALL RIGHTS. TITLE. AND INTEREST IN AND TO ALL CAUSES OF ACTION IT MAY HAVE UNDER SECTION 4 OF THE CLAYTON ACT (U.S.C. SEC. 15) OR UNDER THE CARTWRIGHT ACT (CHAPER 2. COMMENCING WITH SECTION 16700. OF PART 2 OF DIVISION 7 OF THE BUSINESS AND PROFESSIONS CODE). ARISING FROM PROVISION OF SERVICES BY THE BIDDER TO THE CITY PURSUANT TO THE BID. -6- Svc Rl 8-10-89 .RES 93-296 SPECIFICATION NO. F-94-0l SUCH ASSIGNMENT SHALL BE MADE AND BECOME EFFECTIVE AT THE TIME THE CITY TENDERS FINAL PAYMENT TO THE BIDDER. 26. BID BOND NO BID WILL BE ACCEPTED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE CITY. ALL BIDS OR PROPOSALS SHALL BE SIGNED, SEALED AND ACCOMPANIED BY A CASHIER"S CHECK, CASH, CERTIFIED CHECK OR BID BOND MADE PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF AT LEAST TEN PERCENT (10%) OF THE TOTAL BID. SUCH SECURITY SHALL BE APPLIED TO OR BE REMITTED TO THE CITY OF SAN BERNARDINO, AS LIQUIDATED DAMAGES, SHOULD THE BIDDER TO WHOM THE CONTRACT IS AWARDED FAIL TO ENTER INTO THE CONTRACT. ALL BONDS FURNISHED PURSUANT TO THIS NOTICE MUST BE UNDERWRITTEN BY A SURETY COMPANY, HAVING A RATING IN BEST"S MOST RECENT INSURANCE GUIDE OF "A" OR BETTER. 27. FAITHFUL PERFORMANCE BOND THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO FURNISH A CASHIER'S CHECK, CASH, CERTIFIED CHECK OR FAITHFUL PERFORMANCE BOND MADE PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF FIFTI ( 50 %) OF THE TOTAL BID TO INSURE THE CONTRACTOR'S FAITHFUL PERFORMANCE OF THE CONTRACT. SAID SURETY SHALL BE SUBJECT TO THE APPROVAL OF THE CITY OF SAN BERNARDINO, BONDS SHALL BE IN ACCORDANCE WITH CHAPTER 2.66 OF THE SAN BERNARDINO MUNICIPAL CODE AND THE CORPORATION ISSUING SAID BOND SHALL HAVE A RATTING IN BEST'S MOST RECENT INSURANCE GUIDE OF "A" OR BETTER. 28. INSURANCE BIDDER AGREES TO PROCURE AND MAINTAIN IN FORCE DURING THE TERM OF ANY AGREEI'1ENT RESULTING FROM ITS BID, AT HIS OR HER EXPENSE, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE IN COMPANIES AND THROUGH BROKERS APPROVED BY THE CITY, ADEOUATE TO PROTECT AGAINST LIABILITY FROM DAMAGE CLAIMS ARISING OUT OF BIDDER"S OPERATIONS IN A MINIMUM AMOUNT OF $ 1,000,000.00 liability combined single lL~t and 30 days notice of cancellation. BIDDER SHALL PROVIDE THE CITY'S RISK MANAGEMENT DIVISION A CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT WHICH PROVIDES: A. CITY OF SAN BERNARDINO IS AN ADDITIONAL INSURED. B. THE INSURANCE COMPANY NAME, POLICY NUMBER, PERIOD OF COVERAGE AND AMOUNT OF INSURANCE. C. THAT THE CITY CLERK OF THE CITY OF SAN BERNARDINO MUST BE GIVEN NOTICE IN WRITING AT LEAST THIRTY DAYS PRIOR TO CANCEL- LATION, MATERIAL CHANGE, OR REFUSAL TO RENEW THE POLICY. D. THAT BIDDER'S INSURANCE WILL BE PRIMARY TO ANY COVERAGE THE CITY OF SAN BERNARINO MAY HAVE IN EFFECT. -7- Rl 8-10-89 Svc RES 93-296 VENDORS NOTB ON ALL CERTIFICATES OF INSURANCE THE ISSUENCE OF POLICIES WITH RESPECT TO THE COVERAGE MUST, AND I INSIST, MUST CONVEY, RELATE, IDENTIFY THE PARTICULAR OFFERING OF REQUEST TO THIS MATTER. THE SPECIFIC BID NUMBER OR LETTER REQUEST DATE MUST TIE THE DOCUMENT TO THE RESPONSE. WITHOUT THIS CONNECTION THE CERTIFICATE HAS NO MEANING AND UNLESS THE CONFIRMATION IS OBVIOIUS THE BID REQUIREMENT WILL BE CONSIDERED NON-RESPONSE. * * * r-- RES 93-296 JOB W A L K S C H E D U L E BID SPEC: F-94-01 DESCRIPTION OF JOB: ANNUAL LANDSCAPE MAINTENAN:E CONTRACT FOR 17 LOCATIONS DATE: May 12, 1993 TIME: 9:00 LOCATION OF JOB WALK: Parks D=partment: 547 North Sierra Way, San Bernardino, CA THE FOLLOWING INDIVIOUALS WILL ATTEND THE JOB WALK D=an Meech, purchasing Agent NAME OF INDIVIDUAL PURCHASING DEPARTMENT NAME (714) 383-5085 PHONE NUMBER NAME OF INDIVIDUAL Parks Department DEPARTMENT NAME 384-5130 PHONE NUMBER PHONE NUMBER NAME OF INDIVIDUAL DEPARTMENT NAME VENDORS NOTE: ALL VENDORS WHO INTEND TO BID ON THIS PROJECT MUST ATTEND THE JOB WALK SCHEDULE LISTED ABOVE BIDS THAT DO NOT COMPLY WITH THIS REQUIREMENT WILL BE REJECTED WITHOUT CONSIDERATION FROM THE PURCHASING DEPARTMENT * * * * * * * RES 93PA9"e 1 OF 16 BID SPEC: F-94-01 TECHNICAL SPECIFICATIONS ATTACHED CONSISTS OF -1!- PAGES CONFORMING SPECIFICATIONS APPROVED BY: , /I ~ ,/7G' ;;,: "~. !/!!!<LI I ' ~E RAMOS. DIRECTOR OF PARKS. RECREATION' COMMUNITY SERVICES DEPARTMENT HEAD - TYPE NAME , PLEASE SIGN ON ABOVE LINE DATE OF APPROVAL BY DEPARTMENT HEAD L,'- ,) G -:1 ? THIS SERVICE HAS BEEN REQUESTED BY THE PARKS. REC. , COM. SRVC. DEPT. ANNUAL LANDSCAPE HAINTENANCE APPLICATION: CONTRACT FOR THE 17 LOCATIONS VENDORS NOTE: SPECIAL INSTRUCTION IF YOUR COMPANY DECIDES TO "NO BID" THIS BID PKG. "SPECIAL INSTRUCTIONS" ARE LOCATED AT THE BOTTOM OF BID PACKAGE AND THEY MUST BE COMPLETED AND RETURNED TO THE PURCHASING DEPARTMENT PROMPTLY. ***** RES .93-296 . PAGE 2 OF 16 CITY OF SAN BERNARDINO TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. F-94-01 MAINTENANCE OF LANDSCAPE' IRRIGATION FOR 17 VARIOUS LOCATIONS ITEM DESCRIPTION NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. state "Acceptable" if requirements are agreeable as set forth on left hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. state "As Specified" if item is exactly as set forth in the left hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID. TERMS Of CONTRACT: THE ANNUAL LANDSCAPE MAINTENANCE CONTRACT WILL BE fOR A ONE YEAR PERIOD BEGINNING JULY 1, 1993 AND ENDING JUNE 30, 1994. THIS CONTRACT SHALL NOT BIND NOR PURPORT TO BIND THE CITY OF SAN BERNARDINO fOR ANY CONTRACTUAL COMMITMENT IN EXCESS OF THE ORIGINAL CONTRACT PERIOD. THE CITY SHALL HAVE THE RIGHT, AT ITS SOLE OPTION, TO RENEW THE CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. IN THE EVENT THE CITY EXERCISES ITS OPTIONS, ALL TERMS, CONDITIONS AND PROVISIONS OF THE ORIGINAL CONTRACT SHALL REMAIN THE SAME AND APPLY DURING THE EXTENSION PERIOD. , . I::;:"'c..~'---~'-~~ TIME OF COMPLETION: THE CONTRACTOR SHALL DILIGENTLY PROSECUTE THE WORK FOR THE TERM OF THE CONTRACT. ,,_ c;'- f< \' L''c !~,t ---.--------.----- PAGE 3 OF 1f RES 93-296 PAYMENT OF WAGE RATE: T- I , THE CONTRACTOR WILL BE REQUIRED TO ADHERE TO THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS FOR PAYMENT OF PER DIEM WAGES FOR EACH WORKMAN NEEDED IN EXECUTION OF THIS CONTRACT. THE MINIMUM WAGE S:IALL BE THAT WHICH IS DETERMINED BY THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS. THE CITY SHALL HAVE THE RIGH'!' TO INTERVIEW ANY WORKMAN ON THE PROJECT SITE IN ORDER TO VERIFY PAYMENT OF SAID WAGES. SOUND CONTROL EQUIPMENT: THE CONTRACTOR SHALL COMPLY WITH THE CITY OF SAN BERNARDINO REGULATING AND PROHIBITING LOUD, EXCESSIVE NOISES. CHAPTER 8.54 OF MUNICIPAL CODE UNNECESSARY AND EACH INTERNAL COMBUSTION ENGINE, USED FOR ANY PURPOSES ON THE JOB OR RELATED TO THE JOB, SHALL BE EQUIPPED WITH A MUFFLER OR A TYPE RECOMMENDED BY THE MANUFACTURER. NO INTERNAL COMBUSTION ENGINE SHALL BE OPERATED ON THE PROJECT WITHOUT SAID MUFFLER. NO EQUIPMENT, MACHINERY, OR APPARATUS THAT PERMITS LOUD AND EXCESSIVE NOISE SHALL BE OPERATED DURING THE HOURS OF 10:00 P.M. AND 7:00 A.M., UNLESS APPROVAL HAS FIRST BEEN SECURED FROM THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. SAID NOISE LEVEL REQUIREMENTS SHALL APPLY TO ALL EQUIPMENT ON THE JOB OR RELATED TO THE JOB, INCLUDING BUT NOT LIMITED TO TRUCKS, MOWERS, WEED EATERS, BLOWERS AND EDGERS. THE USE OF LOUD SOUND SIGNALS SHALL BE AVOIDED IN FAVOR OF LIGHT WARNINGS EXCEPT THOSE REQUIRED BY SAFETY LAWS FOR THE PROTECTION OF PERSONNEL. p..L<-.G"P,'r~?:.r-~ l~cc....G I' T ~- ,?:---.;' t--.....c.....~0 P T 1':,.:;0..>,-2 .- r~~ I~ .- ~ -- I'-_:-"~ ...:.. \_ 1-' ~--.-~----------- , - --.----.---------+------------- PAYMENTS: PAYMENT WILL BE MADE TO THE CONTRACTOR ON OR ABOUT THE 15TH DAY OF EACH CONSECUTIVE MONTH DURING THE TERM OF THE NUMBER OF MONTHS ENCOMPASSED BY THE CONTRACT TERM. THE FIRST PAYMENT MAY BE PRO-RATED IN ACCORDANCE WITH THE ACTUAL PORTION OF THE MONTH WORKED. THE REQUEST FOR PAYMENT SHALL BE HAND DELIVERED TO THE PROJECTS COORDINATOR AT THE MONTHLY EVALUATION MEETINGS. ANY REQUIRED MAINTENANCE, WHICH IS NOT PERFORMED AT ITS REQUIRED INTERVAL, SHALL RESULT IN A REDUCTION IN THAT MONTHS COMPENSATION AS DETERMINED BY THE ACREAGE INVOLVED MULTIPLIED BY THE MONTHLY UNIT PER ACRE COST. r -. (- <.:..- '. ~---------- RES 93-296 PAGE 4 OF 1 -~--- PROJECT APPEARANCE: THE CON'l'RAC'I'uR SHALL MAINTAIN A NEAT APPEARANCE TO THE WORK. IN ANY AREA VISIBLE TO THE PUBLIC, THE FOLLOWING SHALL Ai?PLY: DEBRIS DEVELOPED DURING REGULAR MAINTENANCE OPERATIONS SHALL BE DISPOSED OF, AT THE CONTRACTORS EXPENSE, TO AN APPROVED DISPOSAL SITE. IF STOCKPILING IS NECESSARY, THE MATERIAL SHALL BE REMOVED OR DISPOSED OF nATLY. FULL COMPENSATION FOR CONFORMING TO THESE REQUIREMENTS SHALL BE CONSIDERED AS INCLUDED IN THE PRICES PAID FOR THE VARIOUS CONTRACT ITEMS OF WORK INVOLVED AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED THEREFORE. - ----.--.--- FAITHFUL PERFORMANCE: "...c:..c:.. IE' P rl>o.% l..L:" '7 r.-.I'l).u f'...cc13 p /,_CL t:: P 7 !'..C).L" THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES SHALL HAVE COMPLETE CONTROL OF THE SUPERVISION AND PERFORMANCE ELEMENTS OF THE MAINTENANCE CONTRACT. THE PROJECTS COORDINATOR OR HIS DESIGNEE SHALL BE RESPONSIBLE FOR CHECKING CONTRACTORS PERFORMANCE. THE CONTRACTOR SHALL BE NOTIFIED OF ANY MAINTENANCE FAILURE AND WILL HAVE 24 HOURS TO RESPOND TO BRING ANY MAINTENANCE FAILURES UP TO CONTRACT STANDARDS. IF AFTER 24 HOURS THE SAID PROBLEM HAS NOT BEEN RESOLVED, A FORMAL NOTICE WHICH MAY BE VERBALLY IN PERSON OR VERBALLY BY TELEPHONE, WILL BE GIVEN TO CONTRACTOR OR CONTRACTORS DESIGNEE, TO RESOLVE SAID PROBLEM IN 24 HOURS (2ND 24 HOUR NOTICE) . IF THE PROBLEM IS STILL PRESENT ON THE SPECIFIC TARGET, THE PROJECTS COORDINATOR OR HIS DESIGNEE, SHALL NOTIFY THE DIRECTOR WHO SHALL HAVE THE OPTION OF TERMINATING THE CONTRACT AND RE-ADVERTISING FOR A NEW CONTRACTOR. IF CONTRACTOR OR CONTRACTORS DESIGNEE RECEIVE TWO (2) NOTICES OF MAINTENANCE FAILURE WITHIN ANY 6 MONTH PERIOD, THE DIRECTOR SHALL HAVE THE OPTION OF TERMINATING THE CONTRACT AND RE- ADVERTISING FOR A NEW CONTRACT. IN SUCH EVENT, THE AMOUNT OF CASH OR BOND DEPOSITED WITH THE CITY SHALL BE FORFEITED BY THE CONTRACTOR TO COVER COSTS TO THE CITY FOR MAINTENANCE, RE-ADVERTISING AND l' ," RELATED EXPENSES. .-- ---------~ .._.-~_...._-- - ----~._----"_...~.- ..----_._-_...-~-_.-- WORK SCHEDULE: THE CONTRACTOR SHALL SUBMIT A PROPOSED WORK SCHEDULE INDICATING THE DAY(S) OF THE WEEK AND TIME WORK IS TO BE PERFORMED. THE CONTRACTOR SHALL NOTIFY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (IN ADVANCE) IF THE WORK SCHEDULE IS CHANGED. f>-' "- '-" /1 I', ,....., :.~- RES <)3-296 PAGE 5 OF J HOURS OF LABOR: THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS OURING THE HOURS OF 7:00 A.M. TO 5:00 P.M. AND ONLY MONDAY THROUGH SATURDAY UNLESS OTHERWISE SPECIFIED BY THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES. f)..C.C~PTn...~i..e- VANDALISM/THEFT: THE CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMING MAINTENANCE, REPAIRS AND REPLACEMENT OF EXISTING LANDSCAPED AREAS WHICH ARE MAINTAINED UNDER THIS CONTRACT AND DAMAGED OR ALTERED IN ANY WAY AS A RESULT OF THEFT AND/OR MYSTERIOUS DAMAGES THAT DO NOT RESULT FROM THE PERFORMANCE OF THE CONTRACTOR. ~ ,::, J: />...?...l.!~ A. ADDITIONAL COMPENSATION WILL BE PROVIDED ONLY FOR THE COST OF PARTS WHICH ARE DIRECTLY RELATED TO THE THEFT AND/OR VANDALISM; LABOR SHALL BE PROVIDED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CITY. " c c. _:.. ...J l i-I: T. :-.- B. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE CONTRACTOR BEING REIMBURSED FOR THE REPLACEMENT PARTS: J. SUBMIT A WRITTEN PROPOSAL FOR THE REPLACEMENT PART(S) COSTS. RECEIVE WRITTEN AUTHORIZATION FOR THE PURCHASE OF THE REPLACEMENT PARTS BY THE PROJECTS COORDINATOR OR THE DESIGNATED REPRESENTATIVE. SUBMIT A PHOTOCOPY OF THE ORIGINAL INVOICE(S) FOR THE REPLACEMENT PARTS. . .-.__._~- .__.~-~'---*--=--'---- - -- -- 1. 2. ---------- .-- WEEKLY EVALUATIONS: THE CITY WILL SUBMIT A WEEKLY INSPECTION REPORT TO THE CONTRACTOR RELATIVE TO THE PROJECT AREA. CONTRACTOR OR HIS DESIGNEE SHALL ALSO MEET ONCE EACH WEEK ON SITE FOR FIELD INSPECTION WITH THE PROJECTS COORDINATOR OR HIS DESIGNEE TO DISCUSS AND SIGN SAID REPORT. - _._-_._------.-~- -.- . -- ._--~-~':. l.. '.' .~ '- .-- ---- -- ---- -------- - -- . ----- DESCRIPTION OF WORK GENERAL: IT IS THE INTENT OF THESE SPECIAL PROVISIONS THAT THE MAINTENANCE OF LANDSCAPING AND IRRIGATION SYSTEM PROVIDED SHALL BE ADEQUATE TO MAINTAIN THE LANDSCAPING IN A HEALTHY AND ATTRACTIVE CONDITION AND THE IRRIGATION SYSTEM IN A FULLY OPERATIONAL MANNER. ALL SERVICES SHALL BE PROVIDED IN A GOOD WORKMANLIKE MANNER, CONSISTENT WITH THE STANDARDS j).... (_ C":_ ,..,3" I~-/~ :-:-=,.- ~= RES 93-296 PAGE 6 OF 1 OF THE INDUSTRY AS DETERMINED BY THE PROJECTS COORDINATOR. SUPPLIES: ._ _..A C~""T.r...~ ALL SUFPLIE~ REQUIRED TO ACCOMPLISH THE ITEMS OE. WORK SPECIFIED HEREIN, AND TO ~AINTAIN T~F. LANDSCAPING IN A HEALTHY WAY AND ATTRACTIVE CONDITION AND THE IRRIGATION SYSTEM IN A FULLY OPERATIONAL MANNER, SHALL BE PROVIDED BY THE CONTRACTOR. ______.. _n____.._..__ .___ _____.-A_Q;;_~1~_'),J3l,,~. WORK TO BE PERFORMED: THE WORK TO BE PERFORMED CONSISTS, IN GENERAL, OF THE FOLLOWING: A. COMPLETE LANDSCAPE, MAINTENANCE OF ALL CONTRACT AREAS TO INCLUDE LITTER REMOVAL, IRRIGATION, PRUNING, SHAPING AND TRAINING OF TREES, SHRUBS, AND GROUND COVER PLANTS; FERTILIZATION; WEED CONTROL; CONTROL OF ALL PLANT DISEASES AND PESTS; MOWING; EDGING; IRRIGATION AND DRAINAGE SYSTEMS; AND ALL OTHER MAINTENANCE REQUIRED TO MAINTAIN THE CONTRACT AREAS IN A SAFE ATTRACTIVE AND USEABLE CONDITION. 1_ ~ c ( ,~- ,-' ,- - __~___ ALL OTHER AREAS, SUCH AS SIDEWALKS, CURBS, GUTTERS, EXPANSION JOINTS, MEDIAN HARDSCAE, WITHIN THE CONTRACT DEFINED AREAS, SHALL BE KEPT FREE OF WEEDS AS PER THE MAINTENANCE SCHEDULE FOR WEEDING. UNIMPROVED AREAS BEYOND DESCRIBED LIMITS ARE NOT A PART OF THIS CONTRACT. ~ C'.c '.C ,. .' --~--~-------- B. SCHEDULE OF WORK: THE CONTRACTOR SHALL ACCOMPLISH ALL NORMAL LANDSCAPE MAINTENANCE REQUIRED UNDER THIS CONTRACT FROM MONDAY THROUGH SATURDAY. EXCEPTIONS MAY BE MADE TO NORMAL WORKING HOURS (7:00 A.M. TO 5:00 P.M.) WHERE INCIDENCES OF USE MAY BE TOO GREAT DURING THE HOURS SPECIFIED TO ALLOW FOR PROPER MAINTENANCE. THE PROJECTS COORDINATOR MAY GRANT, ON A CASE BY CASE BASIS, PERMISSION TO PERFORM CONTRACT MAINTENANCE AT OTHER HOURS. ." c " .-.' . --- --_.- ..-------- THE CONTRACTOR SHALL ESTABLISH A SCHEDULE OF ROUTINE WORK TO BE FOLLOWED IN THE PERFORMANCE OF THIS CONTRACT. A COpy OF THIS SCHEDULE SHALL BE PROVIDED TO THE PROJECTS COORDINATOR PRIOR TO THE PERFORMANCE OF ANY WORK REQUIRED BY THESE SPECIFICATIONS, AND ANY CHANGES IN SCHEDULING SHALL BE REPORTED IN WRITING, RES 93-296 PAGE 7 OF 1 TO THE PROJECTS.COORDINATOR IMMEDIATELY. l....'" THE CONT~~CTOR SHALL CONDUCT THE WORK AT ALL TIMES IN A MANNER WHICH WILL NOT JNTERFERE WITH NORMAL PEDESTRIAN TRAFFIC ON ADJACENT SIDEWALKS OR VEHICULAR Tl~FFIC ON ADJACENT STREETS OR PARKING LOTS. IN ADDITION, A SPECIAL NOTIFICATION LISTING - EXACT START DATE FOR FERTILIZATION, AERIFICATION, RENOVATION, PRUNING AND OTHER INFREQUENT OPERATIONS SHALL BE FURNISHED TO THE PROJECTS COORDINATOR AT LEAST FIVE (5) WORKING. DAYS IN ADVANCE OF PERFORMING THESE OPERATIONS. ~ c....c i: -2-Z..t.2f:J.:.!L---- THE CONTRACTOR WILL BE RESPONSIBLE FOR REPLACING TREES AND PLANT MATERIAL DUE TO OVERWATERING, UNDERWATERING OR IMPROPER HORTICULTURAL PRACTICES OR NEGLECT. ~. ' - ;; ,~ -- ~ '#. TECHNICAL SPECIFICATIONS WARNING SIGNS, LIGHTS AND DEVICES FOR USE IN PERFORMANCE OF WORK UPON HIGHWAYS SHALL CONFORM TO THE "MANUAL OF TRAFFIC CONTROLS", 1977 EDITION, PUBLISHED BY THE STATE OF CALIFORNIA, AND THE "WORK AREA TRAFFIC CONTROL HANDBOOK", 1976 EDITION, ADOPTED BY THE CITY OF SAN BERNARDINO, CALIFORNIA. ,r, r A MINIMUM OF ONE (1) LANE SHALL BE MAINTAINED FOR EACH DIRECTION OF TRAFFIC AT ALL TIMES. , FULL COMPENSATION FOR FURNISHINGS AND INSTALLING ALL SIGNS, LIGHTS, FLARES, BARRICADES AND OTHER TRAFFIC CONTROL DEVICES NECESSARY TO EXPEDITE PASSAGE OF PUBLIC TRAFFIC THROUGH THE WORK AREA SHALL BE CONSIDERED AS INCLUDED IN THE PRICES PAID FOR THE VARIOUS CONTRACT ITEMS OF WORK INVOLVED AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED THEREFORE. I." c ,- '__ i" THE FULL WIDTH OF THE TRAVELED WAY SHALL BE OPEN FOR USE BY PUBLIC TRAFFIC ON SATURDAYS, SUNDAYS AND DESIGNATED LEGAL HOLIDAYS, AFTER 3:00 P.M. ON FRIDAYS AND THE DAY PRECEDING DESIGNATED LEGAL HOLIDAYS, AND WHEN MAINTENANCE OPERATIONS ARE NOT ACTIVELY IN PROGRESS ON WORKING DAYS. ~~: ( ,~. ,~ PERSONAL VEHICLES OF THE CONTRACTOR'S EMPLOYEES SHALL NOT BE PARKED ON THE TRAVELED WAY AT ANY TIME. THE CONTRACTOR SHALL COOPERATE WITH LOCAL AUTHORITIES RELATIVE TO HANDLING TRAFFIC THROUGH THE AREA AND SHALL MAKE HIS OWN ARRANGEMENTS RELATIVE TO KEEPING THE WORKING AREA CLEAR OF PARKED VEHICLES. _.- ---~-- -- '. ( _.,.:-__i_~d_'~ RES 93-296 PAGE 8 OF 1 THE PROVISIONS IN THIS SECTION MAY BE MODIFIED OR ALTERED IF, IN THE OPINION OF THE CITY, PUBLIC TRAFFIC WILL BE BETTER SERVED AND WORK EXPEDITED. SAID HODIFICATIONS OR ALTERATIONS SHALL NOT BE ADOPTED UNTIL APPROVED IN WRITING BY THE CITY. - <' '" ~ IRRIGATION SYSTEM THE CONT~~CTOR SHALL MAINTAIN ALL IRRIGATION SYSTEMS AT NO ADDITIONAL COST TO THE CITY TO INSURE PROPER COVERAGE AND FULL WORKING CAPABILITY AND MAKE ADJUSTMENTS AS NECESSARY TO PREVENT OVERS PRAY OR F.XCF.SSIVE RUNOFF INTO STREET RIGHT-OF-WAYS OR OTHER AREAS NOT MEANT TO BE IRRIGATED. ". c_<.:..-J I~:: T C'_;;J Jd" THE CONTRACTOR SHALL REPAIR OR REPLACE INOPERABLE IRRIGATION EQUIPMENT TO MAINTAIN A FULLY OPERATIONAL SYSTEM, INCLUDING BUT NOT LIMITED TO: SPRINKLER HEADS SPRINKLER HEAD RISERS VALVE COVERS VALVE BOXES OR SLEEVES QUICK COUPLER VALVES AND HOSE BIBBS BUBBLERS, EMITTERS, UNDERGROUND DRIP SYSTEM, "LEAKY PIPE", ETC. SPRINKLER SYSTEM LATERAL PIPING SPRINKLER MAIN (PRESSURE LINE) SPRINKLER CONTROL VALVES SPRINKLER CONTROLLER VALVE WIRING TO CONTROLLER MOISTURE SENSING DEVICES FERTILIZER INJECTOR SYSTEMS THE CONTRACTOR SHALL, AT NO COST TO THE CITY, REPAIR OR REPLACE ANY DAMAGED IRRIGATION SYSTEM COMPONENTS DUE TO HIS OWN NEGLIGENCE. ANY REPLACEMENT MUST CONFORM TO THE TYPE AND KIND OF EXISTING SYSTEM. ANY DEVIATION MUST BE APPROVED IN WRITING BY THE PROJECTS COORDINATOR. _.- _._.~._--_.._--- /"" '--_....-_S_i_'::._ RES 93-296 PAGE 9 OF . .~ -- -_.._---- ---- --~.--------_.- ------..-.-. --. ..~.._..- ,--'-'. MAINTENANCE SCHEDULES: THE FOLLOWING ITEMS OF-WORK SHALL BE PERFORMED BY THE CONTRACTOR WITH THE FREQUENCY INDICATED: PICKUP OF LITTER ~:D DEBRIS AND EMPTYING TRASH RECEPTACLES. DAILY IRRIGATION TEST IRRIGATION REPAIR CHECK WEEKLY DAILY TRIMMING/PRUNING FERTILIZATION - SMALL TREES, SHRUBS, GROUND COVER FERTILIZATION - TURF WEEDING (ALL SHRUB/ PLANTER BEDS) RAKING BEDS SHRUB/PLANTER BED EDGING PRUNING SHRUBS SWEEPING/BLOWING WALKS (AFTER MOWING AND EDGING) WASHING WALKS/MEDIAN HARDSCAPE SPRAYING FOR PRE-EMERGENTS SPRAYING FOR BROADLEAF WEEDS LAWN MOWING LAWN EDGING *LAWN TRIMMING LAWN AERIFICATION **LAWN RENOVATING (PRIOR TO 10-1 EACH YEAR) PEST CONTROL ON TREES BI-MONTHLY BI -ANNUALLY QUARTERLY WEEKLY WEEKLY BI-MONTHLY QUARTERLY WEEKLY MONTHLY QUARTERLY BI-ANNUALLY WEEKLY BI-MONTHLY BI-MONTHLY BI-ANNUALLY ANNUALLY AS NEEDED GRAFFITI REMOVAL (SAND BLASTING OR OTHER APPROVED METHOD ON MEDIAN HARDSCAPES, CURBS, SIDEWALKS, FENCING, WALLS). AS NEEDED OR DIRECTED BY PARKS DIVISION * WITH A OBSTRUCTIONS, MISCELLANEOUS COORDINATOR. POWER TRIMMER AROUND ALL POLES, TREE WELLS, SPRINKLER HEADS AND OTHER ITEMS AS DESIGNATED BY THE PROJECTS ** LAWN RENOVATION SHALL INCLUDE: 1. ERADICATION OF UNDESIRABLE SPECIES. 2. THATCH REMOVAL BY VERTICAL MOWING. 3. CULTIVATOR BY CORING, GROOVING, SLICING OR SPIKING. 4. FERTILIZATION AND POSSIBLY LIMING. 5. SEEDING (WITH SEED APPROVED BY THE PROJECTS COORDINATOR), AND 6. REPAIR DAMAGED IRRIGATION FACILITIES. . ------.---.. . c uP "I" ~-,--- IRES 93-296 PAGE 10 OF 1 METHOD OF PERFORMING WORK: IRRIGATION SHALL BE DONE BY THE USE OF THE AUTOMATIC SPRINKLER SYSTEMS; WHERE. AVAILABLE AND OPERABLE; HOWEVER, FAILURE OF THE EXISTING IRRIGATION SYSTEM TO PROVIDE FULL AND PROPER COVERAGE SHALL NOT RELIEVE THE CONT~ACTOl< OF HIS RESPONSIBILITY. IN THOSE AREAS WHERE AN AUTOMATIC SPRINKLER SYSTEM IS INSTALLED, THE CONTRACTOR SHALL INSPECT PERIODICALLY, THE OPERATION OF THE SYSTEM FOR ANY ~4\T,F1JNC'l'tON. THE CONTRACTOR SHALL MAINTAIN ALL SPRINKLER SYSTEMS IN SUCH A WAY AS TO GUARANTEE PROPER COVERAGE AND FULL WORKING CAPACITY, AND MAKE WHATEVER ADJUSTMENTS WHICH MAY BE NECESSARY TO PREVENT EXCESSIVE RUN-OFF INTO STREET RIGHT-OF-WAY, OR OTHER AREAS NOT MEANT TO BE IRRIGATED. THIS PERIODIC INSPECTION MAY OCCUR MORE OFTEN, BUT NOT LESS FREQUENTLY THAN ONE INSPECTION EACH WEEK. CARE SHALL BE EXERCISED TO PREVENT A WASTE OF WATER OR EROSION. IRRIGATION SHALL BE ACCOMPLISHED AS FOLLOWS: A c....c. \..;.=- J:~-1..l~'~~ ,:-=.---- 1. TURF SHALL BE IRRIGATED AS REQUIRED, TO MAINTAIN HORTICULTURALLY ACCEPTABLE GROWTH AND COLOR AND TO ENCOURAGE DEEP ROOTING. ADDITIONAL IRRIGATION SHALL BE PERFORMED IN THE EVENT OF UNUSUALLY HOT/DRY WEATHER CONDITIONS (AS ARE PRESENT DURING WINTER SANTA ANA CONDITIONS, OR OTHER TIMES OF LESS HUMIDITY OR HIGH WINDS, OR DURING A PROLONGED HIGH TEMPERATURE PERIOD DURING THE Su~ER MONTHS) . . . .. 2. LANDSCAPING OF BANKS AND SLOPES SHALL BE IRRIGATED AS REQUIRED, TO MAINTAIN HORTICULTURALLY ACCEPTABLE GROWTH AND COLOR, AND TO ENCOURAGE DEEP ROOTING AND PREVENTING EROSION. 3. SHRUB BEDS SHALL BE IRRIGATED AS REQUIRED, TO MAINTAIN HORTICULTURALLY ACCEPTABLE GROWTH AND COLOR, AND TO PROMOTE DEEP ROOTING. IRRIGATION RATES FOR SHRUB AREAS SHALL BE APPLIED IN SUCH A MANNER AS TO KEEP SURFACE RUN-OFF AT A MINIMUM. THE IRRIGATION RATE SHALL BE ADJUSTED TO THE NEEDS OF SHRUB TYPES, SEASONS AND WEATHER CONDITIONS. /. , 4. NEWLY PLANTED TREES. SHRUBS. GROUND COVER AND TURF SHALL RECEIVE SPECIAL ATTENTION UNTIL THESE PLANTS ARE ESTABLISHED. ADEQUATE WATER SHALL BE APPLIED TO PROMOTE NORMAL, HEALTHY GROWTH. PROPER BERMS OR BASINS WHERE NEEDED SHALL BE MAINTAINED DURING THE ESTABLISHMENT PERIOD. ------ ------.-.-. ~-- ------- - - .---- --- __~c_"~:,::: ~_.__.2_~~'_-_I.;:.~_ I RES 93-296 P~GE 11 OF 1 PRUNING SHRUBS ~ND GROUND COVER PLANTS: ALL SHKliBS AND GROllNO COVER PLANTS GROl'!!NG HI THE WORK AKEA SHALL BE PRUNED AS REQUIRED TO ~~INTAIN pLANTS IN A HEALTHY, GROWING CONDITION. DEAD OR DAMAGED LIMBS, CLIPPINGS, OR BRANCHES SHALL BE REMOVED IMMEDIATELY AND ALL PRUNING CUTS Sa~LL ~E HADE CLEANLY WITH SHARP PRUNING TOOili, WI'I'H NO PROJECTIONS OR STUBS REMAINING. ANY PRUNING SHALL BE ACCOMPLISHED IN A MANNER WHICH WILL MAINTAIN PLANT GROWTH WITHIN REASONABLE BOUNDS, BUT SHALL PERMIT ALL PLANTS TO GROW NATURALLY IN ACCORDANCE WITH THEIR NORMAL GROWTH CHARACTERISTICS. SHEARING, HEDGING OR SEVERE PRUNING OF PLANTS, UNLESS AUTHORIZED BY THE PROJECTS COORDINATOR, WILL NOT BE PERMITTED. ~ '.' e,.;:- SOIL FERTILIZING AND PEST CONTROL AGENTS: SOIL FERTILIZING CONFORM TO THE PROVISIONS. AND PEST CONTROL AGENTS SHALL REQUIREMENTS OF THESE SPECIAL MANURE SHALL NOT BE USED AS A FERTILIZER OR SOIL CONDITIONING MATERIAL. 1. TURF GRASS 1'...\'_'" A. FERTILIZATION OF ALL TURF GRASS AREAS WITHIN THE DESIGNATED WORK AREA SHALL BE ACCOMPLISHED QUARTERLY WITH A COMPLETE COMMERCIAL FERTILIZER IN HOMOGENOUS PELLET FORM. GUARANTEED ANALYSIS SHALL BE 16-6-8 APPROVED BY THE PROJECTS COORDINATOR. I' {- \" B. FERTILIZER SHALL BE PACKAGED IN MULTI- WALL PAPER BAGS, POLYETHYLENE-LINED FOR MOISTURE RESISTANCE. r C. FERTILIZER SHALL BE APPLIED AT A RATE TO PROVIDE THE REQUIRED ELEMENTS NECESSARY FOR HEALTHY GROWTH AS DETERMINED BY THE PROJECTS COORDINATOR OR BASED ON THE RESULTS OF THE SOILS TESTING AND AT THE TIMES SPECIFIED BELOW: JULY 1 OCTOBER 15 JANUARY 15 APRIL 15 JULY 15 NOVEMBER 1 FEBRUARY 1 MAY 1 2. SHRUB BEDS, GROUND COVER AND SMALL TREE FERTILIZATION FERTILIZATION OF ALL SHRUB BEDS. GROUND COVER AREAS AND ALL yOUNG TREES ( 3 II CALIPER AND SMALLER) WITHIN THE A. RES 93-296 PAGE 12 OF 1 DESIGNATED WORK AREA SHALL BE I ACCOMPLISHED TWO (2) TIMES PER YEAR WITH A COMMERCIAL GRADE FERTILIZER HAVING THE I GUARANTEED ANALYSIS OF 6-10-4 OR EQUAL. GUARANTEED ANALYSIS SHALL BE APPROVED BY THE PROJECTS COORDINA'fOR. ' '\ B. FERTILIZER SHALL BE APPLIED AT THE RATE SPECIFIED ON THE PACKAGE FOR TYPE OF PLANT MATERIAL. FERTILIZER SHALL BE APPLIED AT THE TIMES SPECIFIED BELOW: OCTOBER 1 MARCH 15 OCTOBER 15 APRIL 1 .-- .--.-- .....---.- C. ADEQUATE IRRIGATION WILL IMMEDIATELY FOLLOW THE APPLICATION OF FERTILIZER TO FORCE FERTILIZER MATERIAL TO REST DIRECTLY ON THE SOIL SURFACE. 3. MATERIALS THE FERTILIZER SHALL BE DELIVERED TO THE SITE IN THE ORIGINAL UNOPENED CONTAINERS BEARING THE MANUFACTURER'S GUARANTEED ANALYSIS. THE CONTRACTOR SHALL SUBMIT A LIST OF ALL CHEMICAL HERBICIDES OR PESTICIDES PROPOSED FOR USE UNDER THIS CONTRACT FOR APPROVAL BY THE PROJECTS COORDINATOR. THIS LISTING SHALL BE LIMITED TO CHEMICALS APPROVED BY THE STATE OF CALIFORNIA, DEPARTMENT OF AGRICULTURE, AND SHALL INCLUDE THE EXACT BRAND NAME AND GENERIC FORMULATION, CALIFORNIA REGISTRATION NO. AND CHEMICAL ABSTRACT SERVICE NUMBER (CAS ::) , AND BASED ON THE RECOMMENDATIONS OF A LICENSED PEST CONTROL ADVISOR. THE USE OF CHEMICALS SHALL CONFORM TO THE CURRENT SAN BERNARDINO COUNTY DEPARTMENT OF AGRICULTURE REGULATIONS. NO CHEMICALS, HERBICIDE OR PESTICIDE SHALL BE APPLIED UNTIL ITS USE IS APPROVED, IN WRITING, BY THE PROJECTS COORDINATOR OR HER DESIGNEE AS APPROPRIATE FOR THE PURPOSE AND AREA PROPOSED. A. PEST CONTROL AGENTS SHALL BE AS REQUIRED BY THE LANDSCAPE COST ESTIMATING REFERENCE. B. SPRAYING OF CHEMICALS WILL NOT BE PERMITTED UNDER WINDY CONDITIONS AS DETERMINED BY THE PROJECTS COORDINATOR FROM THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. SPRAYING OF CHEMICALS WITH TOXICITY CATEGORY 1 SHALL NOT BE UTILIZED, UNLESS WRITTEN APPROVAL HAS FIRST BEEN OBTAINED FROM THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES AND C. t'>..,-C.\3: i> r i'.?~' ,co _ P':,.~.~>...:;' ?-J. ,L ;::~:. L:' _~'::~.c_~ ~.'-.-::: ~:';_t. \ " I," '-..:~~~ ~_~._~______'" 1'.... C (' '," ~\_ f'... \. _ '. _ - ! '" f J"" ,... ,~ , -- RES 93-296 PAGE 13-0F 1 UNLESS A PERMIT HAS BEEN OBTAINED FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGRICULTURE. ALL OTHER AREAS, SUCH AS SIDEWALKS, CURBS, GUTTERS, EXPAJ!SION JOINTS, MEDIAN HARDSCAPE WITHIN THE ('1)!JT~Ar'1' N~F'T~!F.n .'.TIEAS, SHALL BE KEPT FREE OF WEEDS AS PER THE MAINTENANCE SCHEDULE FOR WEEDING. LAWN: i::..~t:;;.J::.J:}~:-<: ;-';;.-- ALL LAWN AREAS WILL BE MAINTAINED AS FOLLOWS: A. B. C. ALL TURF SHALL BE EDGED ADJACENT TO ALL IMPROVED AND UNIMPROVED SURFACES; TURF EDGES SHALL BE MAINTAINED IF THE TURF AREA ABUTS A SHRUB BED, PROPERTY LINE OR TO MAINTAIN A TURF DELINEATION. ~t--:- P-T;\\~, ; i.: FERTILIZER SHALL BE APPLIED IN GRANULAR FORM AND SHALL BE MOISTURE-FREE SO AS TO OBTAIN OPTIMUM SPREAD. NOTIFY THE PROJECTS COORDINATOR 2-3 DAYS BEFORE APPLICATION AND SUBMIT BAG TAG. !-" - ,""J " ALL LAWN AREAS INCLUDED IN THIS CONTRACT SHALL BE MOWED WITH APPROVED POWER-PROPELLED REEL- TYPE OR ROTARY MOWERS. THE MOWERS SHALL BE EQUIPPED WITH CATCHERS. MOWING SHALL BE DONE IN SUCH A MANNER AS TO PREVENT RUTS OR DEPRESSIONS FROM FORMING BY THE WHEEL AND/OR THE WEIGHT OF THE MOWER. J~c ,.c; D. MOWERS SHALL BE MAINTAINED SO AS TO PROVIDE A SMOOTH, EVEN CUT WITHOUT TEARING; MOWERS ARE TO PROVIDE A UNIfORM, LEVEL CUT NO HIGHER THAN TWO (2) INCHES. INCLEMENT WEATHER MAY PRECLUDE ADHERENCE TO THE FREQUENCY SCHEDULE OF MOWING. THE CONTRACTOR MAY REQUEST fROM THE PROJECTS COORDINATOR, FOR REASONS OF RAIN OR PROLONGED COLD, ALTERATION OF THIS MOWING fREQUENCY. i'- ,l. ~ ,- I": , , E. " , F. RENOVATION SHALL BE ANY APPROVED OPERATION THAT REMOVES ACCUMULATED THATCH fROM TURF AREAS; A SCHEDULE OF EQUIPMENT TO BE UTILIZED BY THE CONTRACTOR SHALL BE SUBMITTED TO THE PROJECTS COORDINATOR TEN (10) DAYS PRIOR TO BEGINNING WORK; RENOVATION SHALL OCCUR UPON THIRTY (30) DAYS NOTICE FROM THE PROJECTS COORDINATOR. CARE SHOULD BE TAKEN DURING THE RENOVATION PROCESS TO ASSURE A NEAT AND CLEAN APPEARANCE TO TURF AREAS AFTER THE RENOVATION PROCESS HAS TAKEN PLACE. r . RES 93-296 G. PAGE 14 OF OVERSEEDING UPON COMPLETION OF THE- RENOVATION ALL TURF ARF.AS SHALL BE OVERSEEDED WITH A SEED M!XTa~T MEETS WITH THE PROJECT COORDINATOR'S APPROVAL. STEPS MUST BE TAKEN DURING THE RENOVATION PROCESS TO ENSURE SEED TO GROUND CONTACT. FAILURE TO REALI"ZE A MINIMUM OF 75% GE~~INATION WILL REQUIRF. RESEEDING BY THE CONTRACTOR AT NO EXTRA COST TO THE CITY, AT 8# PER 1,000 SQ. FT. ANNUAL RYE "OREGON BRAND". r (,:,~',: t; H. TURF AREA SHALL BE AERIFIED A MINIMUM OF ONE TIME EACH YEAR. AERIFICATION WILL BE SCHEDULED IMMEDIATELY PRIOR TO THE JULY FERTILIZATION. UNDER ADVERSE CONDITIONS OR AS A RESULT OF HIGH USE WHERE TURF IS SUFFERING FROM COMPACTION, AERIFICATION MAY BE NECESSARY AT MORE FREQUENT INTERVALS. THE FREQUENCY INTERVALS SHALL BE AS REQUIRED TO PROMOTE HEALTHY VIGOROUS GROWTH AS DETERMINED BY THE PROJECTS COORDINATOR. A SCHEDULE OF AERIFICATION EQUIPMENT TO BE USED SHALL BE SUBMITTED TO THE PROJECTS COORDINATOR TEN (10) DAYS PRIOR TO BEGINNING WORK. ~__/'~~C_S_I-: I i'~ \- /o-J..:.-_~__. 1. ALL GRASS CLIPPINGS ARE TO BE PICKED UP BY MEANS OF THE APPROPRIATE ATTACHMENTS TO MOWERS OR BY USE OF OTHER MECHANICAL DEVICES NECESSARY TO ACHIEVE A CLEAN, NEAT APPEARANCE OF TURF AREAS. L...... ~ _ .:_ ;. -- -_....__._~._---_._.. . ._---~----- .--' .~-----_...-.-- ROADBED AND WEED CONTROL: ALL AREAS IDENTIFIED AS FUTURE ROADBED, AREAS ADJACENT LANDSCAPE, TRAFFIC ISLES, MEDIANS, SMALL UNDEVELOPED SLOPES NID UNDEVELOPED AREAS, SHALL BE TREATED WITH "ROUND UP" PER MANUFACTURERS LABEL AND WEED GROWTH REMOVED TO 4" HEIGHT. SAID HEIGHT IS FOR EROSION CONTROL. SAID AREAS ARE TO BE MAINTAINED AS SUCH FOR DURATION OF CONTRACT. THIS SHALL ALSO INCLUDE DAILY TRASH AND LITTER PICK UP. '''- '__ r: ALL LANDSCAPED AREAS WITHIN THE SPECIFIED MAINTENANCE AREA INCLUDING LAWNS, SHRUB AND GROUND COVER BEDS, PLANTERS, TREE WELLS, SHALL BE KEPT FREE OF WEEDS. A WEED WILL BE CONSIDERED AS "ANY UNDESIREABLE OR MISPLACED PLANT". WEEDS SHALL BE CONTROLLED EITHER BY HAND, MECHANICAL, OR CHEMICAL HETHODS. THE PROJECTS COORDINATOR MAY RESTRICT THE USE OF CHEMICAL WEED CONTROL IN CERTAIN AREAS. COMPLETE REMOVAL OF ALL WEED GROWTH SHALL BE ACCOMPLISHED ONE (1) TIME EACH THIRTY (30) DAYS. THIS SECTION INCLUDES ALL UNDESIREABLE GROWTH ADJACENT TO CURBS, GUTTERS AND SIDEWALKS. '::....., <.. ~ ;' IRES 93-296 PAGE 15 OF 1 --- TREE MAINTENANCE: ALL TI<t:f;S SHALL BE !of.AH!TAINED IN THEIR NATURAL SHAPES. PRUNING SHALL BE PERFORMED IN SUCH A MANNER AS TO ..PROMCTE THE BEST GROWTH HABITS, APPEARANCE, AND HEALTH OF THE TREE. THE CONTRACTOR SHALL, AS A P~~T OF THIS CONTPACT, BE RESPONSIBLE FOR 'l'REE PRUNING THAT CAN BE REACHED BY A PERSON STANDING ON THE GROUND, WITH A TWELVE (12') FOOT POLE SAW OR PRUNER. SAID PROGRAM IS THE SELECTIVE AND NATURAL APPROACH TO PRUNING OF ALL TREES ON SITE AND INCLUDES PEST CONTROL AND DISEASE CONTROL. THE CONTRACTOR SHALL BRING TO THE ATTENTION OF THE PROJECTS COORDINATOR OR HIS DESIGNEE ANY TREE THAT SHOWS SIGNS OF ROOT HEAVING AND LEANING, OR HAS HANGING LIMBS, OR IS IN SOME MANNER A SAFETY o. HAZARD. CONTRACTOR SHALL NOTIFY THE PROJECTS COORDINATOR 48 HOURS PRIOR TO ANY PRUNING. CC_ -- I'::..'-/",..J.:- TREE REPLACEMENT: ALL TREE REPLACEMENTS WILL BE 15 GALLON, IN KIND AND SHALL INCLUDE THE REMOVAL OF THE EXISTING TREE AND ROOT BALL. THE CONTRACTOR SHALL PROVIDE A NEW PLANT PIT AND AMENDED SOIL FOR PLANTING. AMENDMENTS TO INCLUDE COMPOST, NITROGEN WOOD PRODUCT AND FERTILIZER SUITABLE FOR SUSTAINED TREE GROWTH. PLANT PIT SHALL BE 2 1/2 TIMES THE DIAMETER AND VOLUME OF THE ROOT BALL. PLANTING SHALL BE ACCOMPLISHED ONLY TWICE A YEAR DURING EITHER THE SPRING OR FALL WITH A LIST PROVIDED BY THE CITY OF THE TYPE AND LOCATION OF TREES TO BE REPLACED OR AS DETERMINED BY THE PROJECTS COORDINATOR. TREE REMOVAL AND REPLACEMENT DUE TO THE CONTRACTOR'S NEGLIGENCE SHALL BE AT CONTRACTOR'S EXPENSE. ALL NEWLY PLANTED TREES SHALL BE SECURELY STAKED AT ALL TIMES WITH APPROVED STAKES AND SECURED TO THE STAKES WITH AT LEAST TWO APPROVED TIES. TREE TIES SHALL BE INSPECTED MONTHLY AND CORRECTIVE ACTION TAKEN TO ENSURE AGAINST GIRDLING AND ABRASION. 1'..,("-<" 0.....;-',-., ; ,', RES 93-296 PAGE 16 Ot' 1 EMERGENCY AND PROBLEM RESPONSE: THE CONTRACTOR SHALL RESPOND WITHIN 30 MINUTES AFTER NOTIFICATION BY CITY STAFF OF ALL EMERGENCY AND/OR NON-EMERGENCY SITUATIONS. EMERGENCY SITUATIONS: THE CONTRACTOR WILL IN~PECT THE EMERGENCY WITHIN 30 MINUTES. AFTER INSPECTION, THE CONTRACTOR WILL DIRECT THE NECESSARY PERSONNEL AND EQUIPMENT TO CORRECT THE EMERGENCY. ACCEPTABLE LENGTH OF PERSONNEL RESPONSE TIME IS 1 HOUR. NON-EMERGF:NCY STTUATION: THE CONTRACTOR SHALL MAKE CONTACT WITHIN 30 MINUTES (IN PERSON OR BY TELEPHONE) WITH THE PERSON REPORTING THE PROBLEM. "c..C 'c', 0; ,l '_" IRES 93-296 - en ..::., ?;.' ~ U~~ - ~~ .~ l~ ;::; .~.~~~ '.'~ ,.-: ~ ~ IX ~ . .::: r.--~ ~' ~~~: ': ': "-1 ~~; ~ :~ '-' '''-.I t~ 0.. IX ( < r. -.:; Lt' " . , ", E-<"-1 \~ ~ Ul>- '..., " ~ ~ v . 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I<> '" D I<> I<> 0..E-< "-1 IX E-< E-<~I r- D I<> r- ... I<> .,. M '" D N 0 '" D < E-<"-1 U o..ZI I<> r- N I<> .,. "' D '" r- N D '" ... N X Z> ~ HI 10 :5~ ,~ M M .,. r- eo M M r- eo E-< ZO >- 0.. Z H~ <= ~ ::E: 0 ..1 :1<>0.. .0 U M E-<IX :z. D o..~ 0 0 ... In eo 0 M D 0 D '" I<> '" r- 0...... .~ ... r- eo 0 ... I<> In ... ... I<> I<> M ... r- HIXI '::E: E-<:z. .... N N .... In r- ... 0 In r- M eo '" 0 E-<~H QlI.:l o..H . . . U> CJlE-< ,~ 0 N M '" M ... M '" r- I<> M N 0 ~OO CJl 0 M N N M In N Ul N M CJlUE-< 0>- O::E:I OCJl CJl 10IX 0 Z~ -a.. :z.::;l> ....H E-< :z. CJl <OH IX S , :z. 0 E-< HIXIX 10 E-< < >< H ~ CJl O~ CJl H IX E-< 0 ~ lol ::E: =0 E-< 0 i2 .< S ~ :z. ::E:-D eo:z. :<; 0 IX ;J: lol IXU 0 ~ CJlIX :::> Z < IX E-< 0 E-< CJl ::E: eo OH ~ OE-< :z.eo~ 0 0 H IX ~ < ..1 0 ~ CJl H 0.. CJl :z.~ ~~::E: ZIX H U 0 Po. ~ ..1 ::E: H ~ :z. ..:l UH ~ ..:I <:z. .. O~ E-< :z. CJl >< :x:: < 0 E-< IX < HE-< 0 H :x::~ HIX < ~ 0 3 E-< 0 0 < IX ~ ~ W z::> E-< tLI:x:: ..:l tLICJlE-< E-<tL1 U ..:l Z IX Z :z. 0 H :z. IX ~ tLI< ~ CJl :z.CJl ..:l E-< CJl uo S < H 4; 0 0 tLI IX :x:: 0 0 0 UtLI H H< H <0..:>' tLIZ > ~ Po. :z. Ul :<; eo .... U ::E: IX CJleo lI, Po. Po.~ ::E: ~OCJl {~::> ,.. N M ... III \D r- eo 0\ 0 .-l N M ... III I<> .... M M M .-l .... M H H gt DDERS PROPOSAL AND STATEMENT (CUN' T i THE UNDERSIGNED HEREBY DESIGNATES AS HIS OFFiCE TO WHICH ALL NOTICES OF OFFiCAL COKRE~PONDENCE MAY BE MAILED, TELEGRAPHED OR DELIVERED: , _. \.) I>-R.CI ~D PRINT IT IS UNDERSTOOD AND AGREED THAT THIS BID MAY BE WITHDRAWN AT ANY TIME PRIOR TO THE SCHEDULED TIME FOR THE OPENING OF BIDS OR ANY AUTHORIZED POSTPONEMENT THEREOF. o V,l>..\...i:l(lV)NC~ ~. - vA , .. FIRM NAME: ?;..O J-!:Ie ~ u.) i:-'" T L h.~ t)'. c l>... 0 Gee, l-.:l-rli2. ",-c:r t~ STATE CONTRACTOR'S LICENSE NUMBER: C ~7 .")"'/7/ /7 BUSINESS ADDRESS: BY: NAME (PRINT) I} i..; ;t.8 K'" .-. ,-)~ ." c..:,)t.:,:t..;,. 1..'1. ~; '7 IItUJTCJ...Ai-/2 Ct-... q/763 "-'-' ~ \Lr~_ l c..~ [1 o 'i ~ '- 00 \.' 11\;05> Tl TLE : SIGNATURE: BUSINESS PHONE: o 0.:.' i\.~ ;,3"~ 4-..:- ,v:;)J,,, ~ . "# (,iCY') C,';LV{,!o}.jO .~ ('b..(:rk ($-09; ::t,,'5\ - ';- ';;=- I~ ~ ...,?~ DATE: M f..,>/". '~~ ! :19'.1 / NOTE: UNS:GNED BIDS RECEIVED IN THE OFFICE OF THE PURCHASING AGENT ARE cor;::=::~.- ED ILLEGAL BIDS AND WILL NOT BE ACCEPTABLE FOR CONTRACT CONSIDERATION. *IN CASE OF DISC~EPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. ?UR- SUANT TO THESE SPECIFICATlJ.'IS, TOTAL (BID) PRICE SHALL INCLlJDE ALL LABOR, :.\hT::R- IAL A:;O EQUIPI.IENT C051'S, A~L APPLICABLE TAX, ALL BONDS AND INSURANCE AND ALL OTHER : I':.lES OF EXPENSE INC IJENTIAL TO THE CONTRACT. IF AN INDIVIQUAL SO STATE. IF A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME A~C GIVE THE NAMES OF ALL INDIVIDUAL, OR CO-PARTNERS COMPOSING THE FIRM. IF A CORPOR- ATION STATE LEGAL NAME OF THE CORPORATION, ALSO THE NAMES OF THE PRESIDENT, SECRE- TARY. TREASURER AND MAiiAGER THREOF. IF ~OCAL BUSINESS FURNISH CURRENT SAN BERNARDINO CITY BUSINESS LICENSE NO. THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AN) TO WAIVE ANY INFORMALITIES. -9- Rl 8<0-89 Svc ~ AMWEST SoRETY INSURANCE COMPANY ///9 WOODLAND HILLS. CALIFORNIA BOND NO. 003003160 PREMIUM $50.00 BID DATE 52593 PUBLIC WORKS BID BOND Know all men by these presents Thhat we. o.OLi)EN W~ST LANDSCAPE CONTRAC [DR ( erelnatter called Principal) as P Suret )' . nnclpal, and AMWES y . organized and eXlStlllY ulldel tile laws ot tI S T SURETY INSURANCE COMPANY - 18 late of California and authorlled to t . a corporaul'ill 111<;j,;lllo..JI[rl ransacl a gene I ' ~ State of CALIFORNIA _ . ra ,'''cl, ",,"","'.>., ____ d~ SUIt:ly aft; ~leld and I Irmly bound un!u <111(;\1 ,I HI' CITY OF SAN BERNARDINU (her8lflatter called Obi I 1 ,-- . ~c;c;l ,II cI,<,; l_H;f;(l1 :::l,rn ,t T 611 Ij8rCellt ( 1000 ) ut the (JI,J drTl0Ull[ Lid ,I, ,,' Four Ttl()USanc1 Ork.' H Wldr6,j r- I:, ;.11:,1 uU IlH) D(dlal s ($ -t 1 tJO Ul) fIll thp r' NOT ARY ACKNOWLEDGMENT State of CALIFORNIA County at SAN BERNARDINO -I I On t:) i J-I j Cj 3 I Public. personally appeared AN IT A K. MCCARTY ' personally knowlI to "'" IUI p,oveu to me on the baSIS of satisfactory eVidence I to be the person(s) whose name(sl Is,are subscnbeo lco tI'e With'" Instrument and acknowledged to me all that he she they executed the same In hiS her thelf authorrzed capaclly(leS I diltl that by hts,her,thelf slgnature(s! on the Instrument the person(s), or the entity upon behalf of wnlch the person\SI ",;leU executed the Instrument. betors me. S.L. KYSETH \helt: 111::ifH\ lld,ll\t;i Ihjld(, WITNESS my hand and ottlclal seal. (Seal) SIGNER REPRESENTING. Nt\ME \)F ~ERS'J~I,S)-IR dlf," I -;_~1 Slgnatur.. - ~ CAPACITY CLAIMED BY SIGNER PARTNERISI I8l A ..ORNEY IN FACT o TRUSTEE,S) o SUBSCRIBING WITNESS GUARDIAN,CONSERV A TOR o OTHER --------- AMWEST SUREr, INSURANCE COMP "'I; , INOIVIDUAUS) o CORPORATE OFFICER,s) --- -----.------ ATTENTION NOTARV, "",oug" tno ,nlormation reQuested belOW IS OPTIONAL. ,t could preventlcaudulen, anacnmenl 01 ,n" ,.n~_ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Dcik S/d-( H~ Document Trlle or Type: ___- BOND Number 01 Pages --------- Signer,s) other than named above: . MONE ------- ^ UN-A9016 (7/91\ - ..., ~ ! ~ ~ ~'. ~ '" .. ~ ... ' - I ~ j.." I ": :-... :, .. ._ .,1" . ,> -.~ Jil.;~ '. ..., 1"" j , ) . .~ , ~--V' . -, ' .... . >' . .,;:_ ~""(,'''''~'_'''(~'~~ 1;; .~-.~.~ ~. .~....' &.'7: ~.1\'> . ' , . , . _. " . . fI- '" .' _.4.1 :l, ~, "t . ~ " T. ".' -'~"'''?~'';5-'t':. , ."s,;"",-' ,~.~ ~.~. tES 93-296 RESOLVED. Ibat the President or any Vice President. in conjunction with the Secretary or any Assislant Secretary. may appoint attorneys-in-fact or agents with authority as defu:led or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affIX the seal of the Company to bonds. undertakings, recognizances. and suretyShip obligations of all kinds; and said officers may remove any such attomey-in- fact or agent and revoke any power of attorney pleviously granted 10 such person. RESOLVED FURTHER that any bond, unde.naking, recognizance. or Suretyship obligation shall be valid and binding upon the Company: (i) when signed 'by the President or any Vice President and attested and sealed (if a seal be required) by any Secrerary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be reqUired) by a duly authonzed attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be reqUired) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power 01 attorney issued by the Company to such person Of persons. RESOLVED FLRTHER. that the signature of any authorized officer and the seal of the Company may be affIXed by facsimile to any power of attorney or cenification thereof authorizmg the execution and delivery of any bond. undenaking, recognizance, or other suretyship oblig:uions of the Company; and such signature and seal \....hen so used shall have the same force and effect as though manually am"ed. l~ \VIT);'ESS \V1-{EREOF. .-\mwest Surety Insur::mce Comp::my has caused these presems to be signed by its pr,Yf>.::r ,_':Ttccrs, and its corporate ::OcJl to be her~umo .1fftx.:d ~:--ciS 1st d.1~. ,-~t' December, 1990. \\\\\\\\\11111111///1 ,.""\,\,, .\~~.~:~4;"///// "'<-,,....\'-?OR....-"C ~ -2..:j:'~(J 4/..<<' ~ .3 :')::.?;J,,\.Cl.Y, ~":~% \~~~':~;~_> ~~l _;;;kvh.. ~ -1~,-.~. ~p~ KJ.r~n G. CL+"::'_ ~..:...:: _ ,. '. c l: - ,---, .~;fl,'-::~.' t_ ',-~-\' ;_ ~ L'~S ..l...:\GELES ,'': L._ ~ "_ ~:Jr..::~'" ~:~s,-irJrh~':: C,-~r:1;:Jn~... \\ >.,' ":<.' (;',,:>' S\\'iJ:-n, d:J s.:':eolly '-:(~:. :~~..,a,-;r::l;;i',t IS the s.,:~~l ot :;-.>~, ~ ~. "L'j to t~.: :3Jid lns:,~l~'L:" - ~'-;'...-:;:2 .'.;~,-: :-\.Jr<.:n G. Cohen, to me knO\\ll to be the .'-'-.,____ "c.' i:~LAC: ::--.:3'_l".:n~~nt, and they have 3cknowledg~d the " _.' - ...~ :_:--.-:" ::'1': ::--.,: s,liJ officers of the corporation .10reS.lld ,,::,':', ::,,'~. 5,,;d ~,-~rp0rJ[e seal and their signatures :IS such ,,'-c.:" ., ,-l;' :h<::: 5(1~Hd ,)f Directors of said corporauon. 1 ~. ~ c c '(:". ~ 'c~'~\:\. :;~rs0nJliy (_1me: b<.:f~ \2\:': ~ '..', ,'. ;'.. ~ ~. OFFICIAL =L ~ B. ZAMUDlo-SOUS Notav PlJtlk-CaIlomla "".NCP,AI, OFRCE iN LOS ANGElfS CC<JNlY My~- OClobel22. 1993 0-Q5~ _43~ .:.:~J S 7 "l'_id:~'.::;'J);j. >,~'l_1~__ ?'-,,\,:~ Restrictions and' :1dorsements ::, ,,:::::::::::::::::::::; :;;:: ::;;:; ;;:.:;; ::J J ( . - This document is printed on multi-colored security paper ......ith black and red ink. with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the -'Company"1, Only unaltered originals of this Power of Attorney are valid. ThlS Power of Anomey is valid 50lely in connection with the execution and delivery of the bond noted above and may not be used in conjunction \\oith any other power o[ attorney, :";0 repreSem3tlOnS or warranties regarding this Power of Attorney may be made by any person. ThlS Power of .~.:t0mey 15 governed by the laws of the State of California. Any power of anorney used in connection \nth any bond :ssur.::d by the Company muSt be on this [orm and no other form shall have force or eifect. ";1' K0:0W ALL \IE0: 8Y THESE PRESE'iTS, that Amwest Surety Insurance Company, " Cllt',,:c',," (L'Ir;-'l1rJtion \th("Comp~my"\. l~\'\>: i~~'rl'J,\' ~:ukc. c,mstlLUte and appoint. A"I TA <. vCCARTY AS AN E~t'LOYEE '~F ,'\V,,~ Jf ',,,,,cry I"SL~A"CE CC,"PA~Y ;t:, i. 11..:': .Hld l.l'.\~I_;\ .. \lL,'r7:':\'<ll-f kL ',\ ,:!~ :', ::Tt..:J p,'<,\,--'f ,md Juthl1r:ty fOf Jnd on behalf of the Company as surety, ~ll ','\t..' ~I_:tt' '-;:.:;:-, ,'f J~',J ,l!~'L'\ !;h: '<..i; ,"j [he ,--",~rnr\l:l~, lhelL:() 1l J ':icJl is required on bonds, undertakings, fC'~','<: :':J:kCS ,'r l~tr.Lr xnttcn ",L'L:c:,Jlk'tiS ;n d:c n~llure thcn>"l[ JS follows' }~~; ~~ -=-", ~i<i ",ond, up to ,':":d,ooo,or)0.0J Contract (t'erformance , Payment), Ccurt, Sutdivision License & t'ermit Monus uo to S,~,:,j,JOI),OOO.OO ,~iscellaneous ~onJs up to ":":'1,000,000.00 ..md lI.1 hind rr,(' C,--1!TLp.l;~\' ;\',.'~(hy. ThIS ~lppllintrncm '.e:: tL1Ck unJcf .md by authority of the By-Laws of the L('mp.l:l>', \\h:...:h .He r~('I\\ In :'..;ll fl_l".:L ,mJ t'~':'cct CERTIFICATE i ...~ ~~'--:~k~~;(!~l'd <,,-r,:t:\r; \If ..\l-:l\\~St Suretv Insur~mce Company, a California corporJtion, DCl HEREBY (TR'Tl:'Y '..>.JI.. :~~IS !',_',\\..:r \..,1 .\:l~l~m':\; fcmams i; full force and effect and has not been re\'oked ,md lurth<.'iTl:,_':-t..', :h.lt lh.' ".'~"l'~;ll,)r.~ ,)f the SI.'.Hj L'If D\rt::ctors set forth on the re\'erse, and that the re!e\'am PfLI\-ls1\ms of th-: Ey-Ll\\-S ,,-: the C_)nip~H1Y, Jrc 0,1\\' m full klrce ..lOci effect. 21 dol' of MAY 19~ Signed and sealed.lt SAN BERNARDINO, CA. thiS , ~p~ ~~ ~JrCn G. ("hen, Senetary 0000217394 - 56 F