HomeMy WebLinkAbout13-Parks and Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Resolution authorizing
execution of a Vendor Service
Agreement and issuance of a Purchase
Order for Landscape District
Maintenance Services in the amount
of $353,085.75 to Service Scape for
Assessment District Areas "A", "B",
"e", "E" and "J" and in the amount of
$93,633.88 to Golden West Landscape
Contractors for Assessment District
Areas "0", "F", "G", "H" and "I",
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From: Kevin Hawkins, Director
Dept: Parks, Recreation &
Community Services Dept
Date: April 7, 2008
MICC Meeting Date: May 5, 2008
Synopsis of Previous Council Action:
Assessment Rolls are approved annually.
February 22, 2005 - Resolution Nos. 2005-48 (Area "G") and 2005-49 (Area "H") adopted,
awarding Contracts to Golden West Landscape Contractor for landscape
maintenance of Assessment District Areas "G" and "H".
January 23, 2006 - Resolution Nos. 2006-18 (Area A); 2006-19 (Area B); and, 2005-20
(Area C) adopted, awarding Contract to Golden West Landscape
Contractor for landscape maintenance of Assessment District Areas "A",
"B" and "e".
February 4, 2008 - Resolution No. 2008-46 adopted, authorizing a three-month extension of
LMD contract to Golden West Landscape Contractor.
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Recommended Motion:
Adopt Resolution.
Contact person: Jan Wages
Phone: 5233
Supporting data attached:
FUNDING REQUIREMENTS:
Council Notes:
YAS Ward: 1.3.4.5&6
Amount: $536,019.63 w/contingency amounts;
($521.572.51 from various Assessment
District Funds, and $14,447.12 from the
General Fund.)
Source: (A,..M Nn) \l:uinllQ AQQ~c;~m,:ant nic;triMQ
and 001-382-5506
Finance:
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AgAnda ItAm No /3
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CITY OF SAN B~RNARDINO - HQUesT FOR COUNCIL ACTION
Staff Report
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Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute a Vendor Service Agreement and authorizing the Director of Finance
to issue a purchase order for landscape district maintenance services in the amount of
$353,085.75 to Service Scape for Assessment District Areas "A", "B", "C", "E" and "J";" and in
the amount of$93,633.88 to Golden West Landscape Contractor for Assessment District Areas
"D", "F", "G", "H" and "I".
Background:
Assessment Districts are formed to provide funding for the ongoing maintenance of the
landscaping in designated areas, typically new subdivisions. Vendor Service Agreements are
awarded for landscape maintenance services, and provide for two one-year extensions of the
Agreement on mutually agreeable terms.
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With the exception of four Assessment Districts, districts are grouped into Assessment District
Areas and are combined with other districts to form projects of sufficient size as to insure bids
are competitive and all contractors have adequate work to justify coming into the area. There
are 67 individual landscape maintenance districts grouped into ten contract areas. The four
single district contract areas (Areas "C", "0", "F" and "I") are not in close proximity to any
other district and it would not be efficient to combine them with other districts. The attached
vicinity map shows the general contract areas.
Over the past year, the Department has mandated improved maintenance standards of current
and future contractors, as well as improved contract oversight on the part of landscape
maintenance inspectors. As an outcome, the maintenance work to be performed consists, in
general of the following: complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees, shrubs, and ground cover plants;
raking; 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
Landscape Maintenance Districts in a safe, attractive, usable, healthy and vigorous condition.
The Department published the notice inviting bids, and furnished Request for Bid (RFB)
documents to vendors. Contract bid documents were advertised in the Sun Newspaper, San
Bernardino Chamber of Commerce and City web site. The mandatory Pre-bid Conference was
held on February 26, 2008. Bids were opened and declared on March 20, 2008. .
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Eleven vendors attended the Pre-bid Conference. Bids were received from the following
vendors:
Company
Golden West Landscape Contractor
Service Scape
Bill and Dave's Landscape Maintenance, Inc.
City
San Bernardino, CA
San Bernardino, CA
Perris, CA
Staff from the Parks, Recreation and Community Services Department evaluated the bid
proposals. Two of the vendors, Golden West and Service Scape submitted competitive bids.
Golden West Landscape Contractor was the lowest responsive bidder for Assessment District
Areas "D", "F", "G", "H" and "I" at an annual cost for services in the amount of $132,189 to
maintain the landscape in these areas. Service Scape submitted the lowest responsive bid for
Assessment District Areas "A", "B", "C", "E" and "J" at an annual cost of $498,474.
Two of the Assessment Districts, No. 1041 and No. 1052, are currently in the warranty phase,
and will be accepted within sixty days by the City to maintain. The cost for same has been
included in the above award. Once the City has accepted those districts, the vendor will take
over maintenance of same, and will begin to invoice for that service.
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The implementation date of the Agreements is May 15,2008. The Development Services
Department handles the actual annual assessment of properties. In order to most effectively
provide annual contract cost information to that department for the purpose of calculating the
annual assessments, the proposed initial Agreements have a termination date of January 31,
2009. The initial term of the Agreements, therefore, is eight and one-half months. Agreements
are renewable for up to a maximum of two additional one-year periods by mutual agreement
between the City and the individual contractor. The Agreement may be terminated at any time
by thirty (30) days written notice by either party.
For the proposed initial term of eight and one-half months, staff recommends award of a
Vendor Service Agreement and issuance ofa purchase order to Golden West Landscape
Contractor in the amount of$93,633.88 for the landscape maintenance services of Assessment
District Areas "D", "F", "G", "H" and "I", with a contingency amount of$18,7oo; and to
Service Scape in the amount of$353,085.75 for Assessment District Areas "A", "B", "e", "E"
and .oj", with a contingency amount of$70,600. On occasion, the contractor will be asked to
provide additional services that are outside the scope of the annual maintenance agreement,
such as removing and replacing sod, renovation of existing landscaping due to age or poor
growth as determined by the Inspector, and not related to Contractor's negligence. Payment for
such supplemental work would be made from the contingency funds associated with the
landscape maintenance districts.
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The contract costs will be reimbursed through the assessment rolls, with the exception of those
districts in which a portion of the costs determined to be a general benefit cannot be assessed
back to the districts, pursuant to Proposition 218. The general benefit amount varies for these
districts based upon the formula set forth in the Engineer's Report, based on whether any
maintenance is performed on an arterial or collector street. The general benefit portions will
need to be paid from the General Fund.
Financial Impact:
Funding is available for this project in various Assessment District accounts. The general
benefit cost of$14,447.12 will be funded from Account Number 001-382-5506 (-Landscape
Contracts).
Recommendation:
Adopt Resolution.
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RESOLUTION _NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER FOR LANDSCAPE DISTRICT MAINTENANCE SERVICES
IN THE AMOUNT OF $353,085.75 TO SERVICE SCAPE FOR ASSESSMENT
DISTRICT AREAS "A", "B", "C", "E" AND "J"; AND IN THE AMOUNT OF
$93,633.88 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR ASSESSMENT
DISTRICT AREAS "D", "F", "G", "R" AND "I".
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That Service Scape is the lowest and best responsible bidder for the
landscape maintenance services for Assessment District Areas "A", "B", "C", "E" and "J". A
11 Vendor Service Agreement is awarded accordingly to said bidder in the amount of
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$353,085.75, but such award shall be effective only upon being fully executed by both parties.
The City Manager is hereby authorized to execute a Vendor Service Agreement (attached
hereto and marked Exhibit "A") and the Director of Finance, or her designee, is hereby
authorized to issue a purchase order to Service Scape in the amount of $353,085.75, with a
contingency amount of $70,600.
SECTION 2. That Golden West Landscape Contractor is the lowest and best
responsible bidder for the landscape maintenance services for Assessment District Areas "D",
"F", "G", "H" and "I". A Vendor Service Agreement is awarded accordingly to said bidder in
a total amount of$93,633.88, but such award shall be effective only upon being fully executed
by both parties. The City Manager is hereby authorized to execute a Vendor Service
Agreement (attached hereto and marked Exhibit "B") and the Director of Finance, or her
designee, is hereby authorized to issue a purchase order to Golden West Landscape ContractQr
26 in the amount of $93,633.88, with a contingency amount of$18,700.
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RESOLUTION OF THE MAYOR AND_COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER FOR LANDSCAPE DISTRICT MAINTENANCE SERVICES
IN THE AMOUNT OF $353,085.75 TO SERVICE SCAPE FOR ASSESSMENT
DISTRICT AREAS "A", "B", "C", "E" AND "J"; AND IN THE AMOUNT OF
$93,633.88 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR ASSESSMENT
DISTRICT AREAS "D", "F", "G", "H" AND "I".
SECTION 3. The authorization granted hereunder shall expire and be void and of no
further effect if the above referenced Vendor Service Agreements are not executed by both
parties and returned to the Office of the City Clerk within 120 days following effective date of
the Resolution.
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RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER FOR LANDSCAPE DISTRICT MAINTENANCE SERVICES
IN THE AMOUNT OF $353,085.75 TO SERVICE SCAPE FOR ASSESSMENT
DISTRICT AREAS ....A", "B", "C", "E" AND "J"; AND IN THE AMOUNT OF
$93,633.88 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR ASSESSMENT
DISTRiCT AREAS "D", "F", "G", "H" AND "I".
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 day of . 2008, by the following
vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
6ll6d /J
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VENDOR SERVICE AGRE-EMENT
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This Vendor Service Agreement is entered into this _ day of
2008, by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY acquire the services of professional landscape maintenance
contractors to maintain the landscaping in designated landscape maintenance districts; and
WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
vendors for landscape maintenance services in Landscape Maintenance District Areas "A", "B",
"C", "E" and "r'; and
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WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
'-' authorized by the City of San Bernardino to provide such landscape maintenance services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide those services as set forth in Attachment "A," Description of WorkffechnicaI
Specifications RFB "Landscape District Maintenance Services", attached hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of$353,085.75 for landscape maintenance services for Landscape
Maintenance District Areas "A", "B", "C", "E" and "J".
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3.
TERM; TERMINATION.
The term of the initial Agreement is from May 15, 2008 through January 31, 2009, with
two one-year extensions upon mutual agreement between the City and the Vendor, contingent
upon available funding. This Agreement may be terminated at any time by thirty (30) days
written notice by either party. The terms of this Agreement shall remain in force unless mutually
amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
......... subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5.
INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. .The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY of any change or termination in
the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent Or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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8.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 92401
Telephone: (909)384-5233
TO THE VENDOR:
Service Scape
2065 Kern Street
San Bernardino, CA 92407-6211
Telephone: (909) 887-3022
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11.
ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16.
SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated
,2008
SERVICE SCAPE
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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City of San BemardinD
R F B Landscape District Maintenance ServicltS
BIDDER'S INFORMATION AND SIGNATURE:
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
"*rnit t.-!OO8: except as previously noted. and shall continue in a good and workmanlike manner for the
term of the contract.
Tbe undersigned further agrees that in case of default in executing the contract, or furnishing
necessary bonds, all within the specified time, tbe proceeds ofthe Bidder's Guaranty accompanying
tbis bid sball be paid to the City of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of ContractOt.
LICENSE NO.: f.:58E-<..:.A-CLASSIFICATlON: L - 21
EXPIRATION DATES -31-0",
FIRM NAME: e-~r::~-,/lC~~ - CC-::c~
BUSINESS ADDRESS: ~.l \ \P c:::..c:;rr-c..:. t-1 V4C..C {> ~~,
bL. --r:6.. L...c~~ ~ :7 t I. 3,',
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BUSINESS PHONE: ~:. e 1C~ L - l c. 4-S
FAX: ~c8 [-:'[30- ~-'2Z-
CELL PHONE: ~ c:,\
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If an individual, so state. If a firm or co-pannership, so state and give the names of all individuals, co-
panners composing the firm. If a corporation. so state and give the names of the president. secretary,
treasurer and manager thereof:
Is Bidder currenUy a certified DBE? Yes CJ No}t
Legal Status of Firm ~ \~ P{7-k"'F.
NAME IS) ADDRESS IES)
rz.~}it--\De==.t--l q.11r .c...,'\I~.1 I',,"" 'C(, 'f.> "'-'-r
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~:n~ \.4=::"'l7..-~4">1l--...(~ 0.'.:-. ').2.40.
SIGNATURE OF BIDDERD .-=t--l.-~
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r Date Signed: '~'-I'''' - (::>e.~.
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City 01 San B~'na,dino
RFB Landscap~ District Maint~nanc~ S~rvicn
SECTION 7
DESCRIPTION OF WORK
7-A 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 of the
industry as determined by the Inspector.
7-B WORK TO BE PERFORMED
following:
The work to be performed consists, in general, of the
Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees, shrubs, and ground cover plants;
raking; 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
Landscape Maintenance Districts in a safe, attractive, usable, healthy and vigorous condition.
All hardscaped areas, such as sidewalks, curbs, gutters, expansion joints, median
hardscape (if any) and roadway surfaces extending out at least five-feet from the curb face,
within the contract defined Landscape Maintenance Districts, shall be kept free of weeds,
fugitive soils, trash, dead plant materials and debris as per the maintenance schedule. All debris,
fugitive soils and vegetative trimmings shall be removed of and disposed of by the Contractor in
compliance with National Pollution Discharge Elimination System (NPDES) Best Management
Practices as established by the City Engineer Contractor shall not sweep, blow or otherwise
cause any trash, debris, fugitive soils or vegetative trimmings to be discharged into or upon any
street, gutter, drainage structure, storm drain or other facility.
Unimproved areas beyond described limits are not a part of this contract.
7-C MAINTENANCE SCHEDULES
7-C-!. Scheduling of Work - The Contractor shall accomplish all normal landscape
maintenance required under this contract from Monday through Friday and as specified in this
Section of these Special Provisions. Exceptions may be made to normal working hours (7:30
a.m, to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow
for proper maintenance. The Inspector may grant, on a case by case basis, permission to perform
contract maintenance at other hours.
7-C-2. 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 Inspector prior to
the performance of any work required by these specifications, and any changes in scheduling
shall be reported in writing, to the Inspector immediately.
Page 33 of79
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City 01 San Bernardino
RFB Landscape District Maintenance Services
7-C-3. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic 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
Inspector at least five (5) working days in advance of performing these operations.
7-C-4 The following items of work shall be performed by the Contractor with the
frequency indicated:
ITEM OF WORK FREOUENCY P,ERFORMED
Pick up of trash and debris - Weekly or as needed. .Note: Areas adjacent to
high pedestrian traffic may require more
frequent pickup of trash as determined by the
inSDector.
Complete Irrigation Test and Inspection. Semi-Monthly, or as often as climatic
conditions. ( e.g. daily during hot. dry weather
), or the frequent occurrence of vandalism or
damage requires to ensure proper and
adeauate irrie:ation. (with Insoector)
Rodent Control. Weekly
Trimming/Pruning Trees/Shrubs. Once per month. ( areas adjacent to sidewalks
& rillht of way as needed)
Fertilization of small trees, shrubs, and ground Semi-annually
cover.
Fertilization - turf. Ouarterly
Weeding of Slopes all debris to be removed - Monthly
(Slope Areas are as shown on Plan)
Continual Weeding of all shrub/planter beds Weekly
banks, and ALL other areas including
hardscape, sidewalks and expansion joints not
defined as slopes.
Raking beds; removal of leaves, pine needles, Weekly
etc.
Shrub/planter bed edllinll Semi-monthly
Sweeping/Blowing Walks (after mowing and Weekly
edgin2)
Washinll walkslMedian Hardscaoe Monthly
Drainage structures such as gutters, concrete Annually before ?ctober 1st or as directed by
swales and ditches, catch basins, retention or Inspector.
detention basins, storm drains, inlets or outlets
and pipes 6-inches in diameter or larger.
Spraying pre-emerllent Quarterly
Spraying for weeds As needed
Page 34 of 79
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City of San Bernardino
RFB Landscape District Maintenance Services
Turfmowinl! Weeklv
Turf edllinll Weeklv
Turftrimminl! · Weeklv
Turf aeration Annually (before July 15 or as directed by
Inspector)
Turf renovation .. Annually (before October ] 5 or as directed by
Inspector)
Over-seeding . Annually (before October 15 or as directed
by Inspector)
Pest control on trees As needed
· With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
.. Lawn renovation shall include the following:
I. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
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CiIy of San B~mardino
RfB_Landsfap~ District MaiJrt~nanc~ S~rvicn
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7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in
the future within those Landscape Maintenance Districts which are presently unimproved, if any.
will be negotiated with the Contractor at the time of City's acceptance of said improvements.
However. the cost of maintenance shall not exceed the unit price awarded under this contract.
(i.e. same cost for irrigation components as awarded in this contract; turf and/or ground cover
shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES .- All supplies required to accomplish the items of work specified herein, and
to maintain the landscaping in a healthy and attractive condition and the irrigation system in a
fully operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as
included in the contract bid prices and no additional compensation will be allowed therefore.
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7-F CONFLICTS In the event that this area is subject to construction of new and/or
expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or
eliminated by this construction. The Contractor shall provide maintenance up to the construction
area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed
by the construction will be by others. Upon restoration, the Contractor shall again be responsible
for maintenance. Areas eliminated by construction of hardscape shall be deducted from the
gross area under the same provisions as provided above for FUTURE WORK.
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7-G AREAS ELIMINATEDIMODIFIED Any areas permanently or temporarily
eliminated or modified within the maintenance area shall be negotiated with the Contractor under
the same provisions as provided above for FUTURE WORK.
7-8 REPLACEMENT OF TREES AND PLANT MATERIALS, CONTRACTOR
NEGLIENCE - The Contractor will be responsible for replacing trees and plant material due to
over watering, under watering or improper horticultural practices or neglect as determined by the
Inspector at Contractor's cost.
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City of San B~rnardino
Rf:B !-ant!scap~ District Maint~nance S~rvices
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SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC Attention is directed to Section 7.10 "Public
Convenience and Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall
conform to the "Manual of Traffic Controls," current edition, published by the State of
California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City
of San Bernardino, California.
A minimum of one (I) lane shall be maintained for each direction of traffic at all times,
unless approved otherwise by the Engineer.
Full compensation for furnishing 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.
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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.
The provisions in this section may be modified or altered if, in the opinion of the Engineer,
public traffic will be better served and work expedited. Said modifications or alterations shall
not be adopted until approved in writing by the Engineer.
8-8 COOPERATION AND COLLATERAL WORK _. Attention is directed to Section 7.7,
"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the
area. Certain utility facilities in various locations within the project limits may be removed,
relocated, abandoned, or installed by companies' or agencies' contractors.
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City of San Bernardino
RFB Lan,*cape District Maintenance Services
It is anticipated that these eXlstmg utilities will not interfere with the Contractor's
operations. However, the Contractor shall exercise due care to ensure that these utility facilities
are not damaged during his operations.
Page 38 of79
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City of San B~rnardino
RFB Landscap~ District Maint~nance S~rvices
The utility locations shown on the original landscaping plans are correct to the best of our
knowledge. When in doubt. the Contractor shall contact the utility concerned before proceeding
further.
Full compensation for conforming to the requirements of this Section. not otherwise
provided for, shall be considered as included in the lump sum prices paid for the work involved
and no additional compensation will be allowed therefore.
8-C REMOVAL OF SIGNS Any unauthorized signs, stakes. posts/poles, political or
otherwise, found within the landscaped areas from time to time shall be considered as trash and
debris and shall be removed by the Contractor.
Full compensation for removal of such items shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation \\'111 be allowed
therefore.
8-D CLEANUP AND DUST CONTROL -. Cleanup and dust control shall conform to the
provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
Page 39 of79
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City of San Bernardino
RFB Landscape District MaintenanCt! Servict!S
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SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs and maintenance. supply all needed
materials, and perform the work as necessary in accordance with the following:
9-8 The Inspector shall be immediately notified of any damage suspected to be caused by
accident, vandalism, theft, or Act of God in which the actual cost of repairing the damage is over
$25.00 for both labor and materials. Immediate notification of any such damage, prior to start of
work within the area, will serve to indicate the Contractor's belief that it was caused by factors
beyond his control. The City shall review the damage and/or request information from the
Contractor in order to establish the true cause of damage and determine responsibility for repair.
The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
landscape and irrigation not related to his operations.
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9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the
following sprinkler system components as needed, for no additional cost. under normal wear
conditions or if the actual cost of repairing any damage is less than or equal to $25.00 for both
labor and materials, or as determined by the Inspector:
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Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi-outlet emission device. tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation
system components due to his own negligence, including removal of anti theft devices.
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9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by
vandalism, theft or Act of God where the actual cost of repairing any damage is less than or
equal to $25.00 for both labor and materials, shall be classified as Supplemental Items of Work.
Any repairs or replacement not covered by an item of Supplemental Work shall be paid for as
Extra Work, in accordance with Section 6-A, "EXTRA WORK," of these Special Provisions.
Page 40 of 79
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CiIy 01 San Bernardino
BFB Landscape District Maintenance Services
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Full compensation for repairs to the irrigation system that are less than or equal to $25.00 for
both labor and materials 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.
Any replacement must conform to the type and kind of existing system. unless the use of
anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation
must be approved in writing by the Inspector.
9-F 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 Contractor of his responsibility. In the event of a failure of any
irrigation component that would prevent proper automatic irrigation of the landscaping,
Contractor shall apply irrigation manually until the repair and/or replacement is accomplished.
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9-G In those Landscape Maintenance Districts where an automatic sprinkler system is
installed, the Contractor shall, in the presence of the Inspector, inspect and test the system semi-
monthly, or more often if climatic conditions. the frequent occurrence of vandalism or damage
requires, or at the direction of the Inspector. The Contractor shall inspect the system, for any
damage to the system such as missing, damaged or misdirected sprinkler heads and shall
physically test the operation of the system for any malfunction. The Contractor shall also inspect
the timer controls and adjust the schedule and frequency of operation of the system to ensure
proper operation as needed based on the season, existing weather conditions and horticultural
irrigation needs as set forth below. The Contractor shall maintain all sprinkler systems in such a
way as to ensure proper coverage and full working capacity, and shall make whatever
adjustments which may be necessary to prevent run-off into street right-of-way. or other areas
not meant to be irrigated. Cafe shall be exercised to prevent a waste of water or to cause erosion.
Irrigation shall be accomplished as follows:
9-G-l Turf, if any. 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 summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to
maintain horticulturally acceptable growth and color, and to encourage deep rooting and
preventing erosion.
9-G-3 Shrub beds, if any, 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 runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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9-G-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
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Cit}' of San B~rnardino
RFB Landscape District Maint~nanc~ S~rvic~s
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normal, healthy growth. Proper berms or basins where needed shall be maintained during
the establishment period.
9-8 The entire irrigation system will be inspected and maintained by the Contractor on a daily
basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to
maintain adequate irrigation. Such repairs will be made by the Contractor with same type/brand
head, or approved equal by the Inspector.
9-1 All other irrigation components will be inspected and maintained by the Contractor on a
weekly basis. This will include laterals, main lines, control valves, control wire, timer/controller
and any other items in the system. If any of the items mentioned in this paragraph are found
to be defective or in need of repair during the weekly inspections, said items 'shall be
repaired immediately. All materials or parts shall be the same brand or approved equal.
Contractor shall notify the Citv Insoector immediatelv before makinl!. anv such reoairs bv callinl!.
384-5111 durinl!. workinl!. hours.
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9-J Replacement of the various types of sprinkler heads shall be accomplished as directed by
the Inspector. New sprinkler heads shall be the same type. size and brand as the one to be
replaced, except for anti-theft or anti-vandalism devices as approved by the Inspector. Except
where the cost of replacement of sprinkler heads shall exceed $25.00, the cost shall be included
in the contractor's base price. In the event that the cost shall exceed $25.00, the unit price paid
for replacing sprinkler heads shall include all items of work (including necessary repairs and/or
replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and at the
price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
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9-K Replacement of a defective timer/controller shall be accomplished as directed by the
Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be
replaced unless otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in
which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall
apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be
subject to Extra Work requirements as set forth in Paragraph D, Section 6.
9.L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK"
shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus
material costs.
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City of San Bernardino
RFB LatJdscape District Maintenance Services
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SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as
required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings,
or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp
pruning tools, with 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 Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and
Shrub Care" and "Ground Cover Care" of the Landscape Cost Estimating reference and these
Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction
plans and said Special Provisions on file in the office of the City Engineer of the City of San
Bemardino, and/or with the landscaping construction plans for the various subdivisions which
__ are included within this project, or as otherwise directed by the Inspector and Engineer. All
'-" shrubs replaced shall be 5 gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work
involved in removing and planting shrubs and ground cover and at the price indicated in the
"SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
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City of San Bernardino
RFB Landscape District Maintenance Services
SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
II-A Soil fertilizing and pest control agents shall confonn to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
H-B Turf Grass
II-B-I Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be
accomplished quarterly with a complete commercial fertilizer in homogeneous pellet
fonn. Guaranteed analysis shall be approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi-wall paper bags, polyethylene lined for
moisture resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary
for healthy growth as detennined by the Inspector or based on the results of the soil
testing and at the times specified below (or as otherwise directed by Inspector):
July I
October 15
January 15
April 15
July 15
November I
February I
May I
II-B-5 Fertilizer shall be applied in granular fonn and shall be moisture-free so as to
obtain optimum spread. NotifY the Inspector 2-3 davs before application and submit bag
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H-C Shrub Beds, Ground Cover, and Small Tree Fertilization
II-C-} Fertilization of all shrub beds, ground cover areas and all young trees (3"
caliper and smaller) within the designated work area shall be accomplished two (2) times
per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or
equal. Guaranteed analysis shall be approved by the Inspector.
II-C-2 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 I
March 15
October 15
April!
Page 44 of79
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City of San B~rnardlno
RFB Londscflp~ District Mflint~nflnc~ S~rviCD
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to
force fertilizer material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
ll-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
Page 45 of 79
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City o{ Sail Bernardillo
RFB Lalldscape District Mailltellallce Services
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SECTION 12
LAWN I TURF
12-A 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.
12-B AlIla'Ml 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 weight of
the mower. NOTE: A MULCH-MOWING PROGRAM MAYBE PERMITTED WITH
PRIOR APPROVAL OF INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers
are to provide a uniform, level cut no higher than two (2) inches, or as otherwise instructed by
the Inspector, but no more than 25% of existing growth to be removed in anyone mowing.
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12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The
Contractor may request, from the Inspector, for reasons of rain or prolonged cold, alteration of
this mowing frequency.
12-E 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
Inspector ten (10) days prior to beginning work; renovation shall occur upon thirty (30) days
notice from the Inspector. 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.
12-F Over-seeding shall be done on an annual basis following the fall renovation and prior to
Odober 15th of each year. All turf areas shall be over seeded with a seed mix that meets with
the Inspector's approval. Steps must be taken during the renovation process to ensure seed to
ground contact. Failure to realize a minimum of 75% germination will require reseeding by the
Contractor at no extra cost to the City.
12-G Turf area shall be aerated 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 at no additional cost to the City. The frequency intervals shall be as required to
promote healthy vigorous growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten
(10) days prior to beginning work.
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12-H 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
Page 46 of79
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RFB UIIIlscllpe District Mllilltelll1l1ce Servwlt!;
turf areas. In the event of the mulch-mowing as provided under Section 12-8. all clippings must
be adequately fine-cut and spread as to achieve a neat appearance.
12-1 Any turf to be replaced which suffers any Act of God, vandalism or other destructive
occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused
by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as
supplemental items of work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type
of turf removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing
and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
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City of San Bernardino
RFB Landscape District Maintenance Services
SECTION 13
SLOPE I BANK I DRAIN MAINTENANCE
I3-A SLOPES - All Slopes are to be weeded by hand or by using a power weed cutter. All
other plant material located on the slope shall be maintained as stated in these Special Provisions.
All weeds, dead plant materials, debris and trash are to be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS". IF ANY. ARE
DELINEATED ON SAID PLAN(S).
I3-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
I3-C. DRAINS - Permanent drainage structures such as gutters, concrete swales and ditches.
catch basins, retention or detention basins, storm drains, inlets or outlets and pipes 12-inches in
diameter or smaller are to be cleaned and kept free of obstructions at all times and are to be
completely cleaned annually before October 151 or as directed by Inspector. The Contractor is
hereby notified that some of the drainage structure maintenance within the individual districts
may require specialized equipment to perform this maintenance requirement; Contractor is
advised to review those drainage areas prior to bid submission.
Page 48 of 79
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City 01 San Bernardino
RFB Landscape District Maintenance Services
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands,
medians, undeveloped slopes and underdeveloped areas shall be cut to a 2" height and treated
with Round-up or other herbicide as approved by the Inspector, per manufacturer's label on an
"as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for
duration of contract. This shall also include weekly trash and litter pick-up.
14-8 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 undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical,
or chemical methods. The Inspector may restrict the use of chemical weed control in certain
areas. Complete removal of all weed growth shall be accomplished within each seven (7) days.
This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks,
14-C Weed removal in Fuel Modification Thinning Areas shall be performed as specified in
Section 16.
14-D For unimproved areas within described limits, ten (10) feet from curb face shall be
maintained weed- free by herbicides and manual methods. Herbicides shall be approved by the
City prior to use and only State of California licensed Pest Control Operators shall apply the
Herbicides. Unimproved areas to be maintained are shown on the Plan.
Page 49 of79
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RFB Landscape District Maintenance Services
SECTION 15
TREES
15-A Contractor shall NOT be responsible for the planting, trimming, topping or maintenance
of any tree with a crown height over eight (8) feet talL Contractor shall be responsible for
skirting any tree to a height of 8- feet as measured from ground level that may overhang any trail,
sidewalk or path and that interferes with the safe and convenient passage of an adult. In
addition, Contractor shall be responsible for the removal of any branches, limbs, fronds or other
debris that have fallen to the ground from a tree.
15-8 All trees shall be maintained in their natural shapes. Pruning shall be performed in such a
manner as to promote the best growth habits, appearance, and health of the tree and shall include
a selective and natural approach to pruning of all trees on site, including pest and disease control
and removal of any dead limbs, fronds or branches.
15-C The Contractor shall bring to the attention of the Inspector any tree that shows signs of
root heaving, leaning, girding, abrasion or that have hanging limbs or is in some manner, a safety
hazard. Contractor shall notify the Inspector 48 hours prior to anv pruning.
15-D Tree removal and replacement due to damage or negligence by the Contractor as a result
of improper chemical application or equipment damage shall be at Contractor's expense.
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City of San Bernardino
RFB Landscape District Maintenance Services
SECTION 16
FUEL MODI FICA nON THINNING AREAS
16-A Weed growth in all areas identified as "Fuel Modification Thinning Areas" shall be cut to
a 2" height and treated with Round-up or other herbicide as approved by the Inspector, per
manufacturer's label at least once every three months or on an "as needed" basis as determined
by the Inspector for the purposes of fire and/or erosion control. This shall be included in the
Basic Maintenance price. Weeding beyond the minimum 4 times per year shall be at the rate as
specified in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE." Trash and debris shall
be picked removed at the time of weeding and is included in the Basic Maintenance price.
Additional debris removal may be required as Extra Work as defined herein.
Page 51 of79
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City of San B~'na,dlno
RFB Landscap~ District Malnt~nanc~ S~",lces
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SECTION 17
TRAIL SYSTEMS
17-A Trail System, if present. may consist of, but not be limited to, any of the following: I)
Asphalt bicycling/walking trail; 2) Decomposed Granite (D.G) or similar equestrian / walking
trail; 3) Natural equestrian/walking trail; or. 4) as identified by the City Engineer. Maintenance
to be performed as follows:
17-8 Asphalt bicycling/walking trail: Asohalt trails shall be sweot using either a mechanical
or vacuum sweeoer as aooroved bv the Insoector at least once every. three months. In the event
that combined sweeoer/c1eaner is used, the sweeoer shall be caoable of recovering all aoolied
waters. Weeds removal shall be the same as specified in Section 14 as for landscaped areas
(complete weed removal) at the same frequency as planter beds. Trash and debris shall be
removed weekly, or as needed. Said maintenance shall be included in the Basic Maintenance
price.
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less than once every three months (complete weed removal). Trash, debris and animal droppings
shall be removed daily. Said maintenance shall be included in the Basic Maintenance price.
17-C Decomposed Granite or similar equestrian / walking trail: Weeds removal shall be the
same as specified in Section 14 as for landscaped areas (complete weed removal) at the same
frequency as planter beds. Trash, debris and animal droppings shall be removed daily. Said
maintenance shall be included in the Basic Maintenance price.
17-E Fences, railings, footings and other appurtenants shall be cleaned at least once every three
months. Fences, railings and footings shall be inspected weekly for any damages or the need for
good repair. Said cleaning, repairs less than $25.00 for both labor and materials, and inspections
shall be included in the Basic Maintenance price. The Inspector shall be immediately notified of
any need for repairs or for dIDI:Iage suspected to be caused by accident, vandalism, theft, or Act
of God in which the actual cost of repairing the damage is over $25.00 for both labor and
materials. Immediate notification of any such damage, prior to start of work within the area, will
serve to indicate the Contractor's belief that it was caused by factors beyond his control. The
City shall review the damage and/or request information from the Contractor in order to establish
the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving fences, railings and footings
not related to his operations.
Any work needed within trail systems not specified herein, shall be performed as Extra Work, as
defined herein.
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VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement is entered into this _ day of
2008, by and between Golden West Landscape Contractor ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY acquire the services of professional landscape maintenance
contractors to maintain the landscaping in designated landscape maintenance districts; and
WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
vendors for landscape maintenance services in Landscape Maintenance District Areas "D", "F",
"G", ~'H" and "I"; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
r~
""'" authorized by the City of San Bernardino to provide such landscape maintenance services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide those services as set forth in Attachment "A," Description of WorklTechnical
Specifications RFB "Landscape District Maintenance Services", attached. hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of $93,633.88 for landscape maintenance services for Landscape
Maintenance District Areas "D", "F", "G", "H" and "I".
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3.
TERM; TERMINA nON.
The term of the initial Agreement is from May 15,2008 through January 31, 2009, with
two one-year extensions upon mutual agreement between the City and the Vendor, contingent
upon available funding. This Agreement may be terminated at any time by thirty (30) days
written notice by either party. The terms of this Agreement shall remain in force unless mutually
amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. -The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY of any change or termination in
the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 9240 I
Telephone: (909)384-5233
TO THE VENDOR:
Golden West Landscape Contractor
2160 Kern Street
San Bernardino, CA 92407-6211
Telephone: (909) 887-6263
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be' entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16.
SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated
,2008
GOLDEN WEST LANDSCAPE CONTRACTOR
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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_ . . _ Cit>, of San B~rnllrdlno
RFB Landscap~ District Maint~nllnc~ S~",ices
BIDDER'S INFORMATION AND SIGNATURE:
It is the understanding of the undersigned that the work hereinabove described shall be commenced on.
--1<0,;11 1668. except as previously noted. and shall continue in a good and workmanlike manner for the
term of the contract.
The undersigned rurther agrees that in case or derault in executing the contract, or rurnishing
necessary bonds, all within the specified time, the proceeds or the Bidder's Guaranty accompanying
this bid shall be paid to the Citl or San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor.
LICENSE NO.: 5q 7/17
k-~~"'!<.
CLASSIFICA nON: c:. :1.7
EXPIRATION DATE:
FIRM NAME:
t~U-~t: /.. blllb.H.hPt..f c::t:>~ ..,..~~ c...-rO~
,:"r, ).. t> (.f"~
BUSINESS ADDRESS: ':llbO lC-ee.\-J ""7"
s.t!.. \.,) ~~ L\J bQ....DI \..ltl ("to. 't~'lO(
BUSINESS PHONE: tTD9 kE!r7 &2'~
FAX: QCA) ~x7 Olf q3
CELL PHONE: ('(/1') 771 {,O S If
If an individual, so state. If a finn or co-pannership, so state and give the names of all individuals, co-
panners composing the firm. If a corporation. so state and give the names of the president, secretary,
treasurer and manager thereof:
Is Bidder currently a certified DBE? Yes _ No ~
Legal Slatus of Firm
NAME (S)
ADDRE'5S CESl
~/&~ ~~~ S7: SAfJ ~t.H.U>t~
~11o..'t'L. c..'-~o \j .(>1--0011 ,....1(1,.
SIGNATURE OF BIDDER: ~
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Date Signed:
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Page 63 of 79
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. . . 1~11rra I.
Cily of San Bernardino
REB Landscape District Maintenance Services
SECTION 7
DESCRIPTION OF WORK
7-A 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 of the
industry as determined by the Inspector.
7-B WORK TO BE PERFORMED
following:
The work to be performed consists, in general, of the
Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees, shrubs, and ground cover plants;
raking; 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
Landscape Maintenance Districts in a safe, attractive, usable, healthy and vigorous condition.
All hardscaped areas, such as sidewalks, curbs, guners, expansion joints, median
hardscape (if any) and roadway surfaces extending out at least five-feet from the curb face,
within the contract defined Landscape Maintenance Districts, shall be kept free of weeds,
fugitive soils, trash, dead plant materials and debris as per the maintenance schedule. All debris,
fugitive soils and vegetative trimmings shall be removed of and disposed of by the Contractor in
compliance with National Pollution Discharge Elimination System (NPDES) Best Management
Practices as established by the City Engineer Contractor shall not sweep, blow or otherwise
cause any trash, debris, fugitive soils or vegetative trimmings to be discharged into or upon any
street, guner, drainage structure, storm drain or other facility.
Unimproved areas beyond described limits are not a part of this contract.
7-C MAINTENANCE SCHEDULES
?-C-I. Scheduling of Work - The Contractor shall accomplish all normal landscape
maintenance required under this contract from Monday through Friday and as specified in this
Section of these Special Provisions. Exceptions may be made to normal working hours (7:30
a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow
for proper maintenance. The Inspector may grant, on a case by case basis, permission to perform
contract maintenance at other hours. .
7-C-2. 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 Inspector prior to
the performance of any work required by these specifications, and any changes in scheduling
shall be reported in writing, to the Inspector immediately.
Page 33 of79
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City of SIIII Berltllrdillo
R EB Lllndscllpe District Mllmtenllnce Services
7-C-3. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic 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
Inspector at least five (5) working days in advance of performing these operations.
7-C-4 The following items of work shall be performed by the Contractor with the
frequency indicated:
ITEM OF WORK FREQUENCY PERFORMED
Pick up of trash and debris - Weekly or as needed. .Note: Areas adjacent to
high pedestrian traffic may require more
frequent pickup of trash as determined by the
insoector.
Complete Irrigation Test and Inspection. Semi-Monthly, or as often as climatic
conditions. ( e.g. daily during hot, dry weather
), or the frequent occurrence of vandalism or
damage requIres to ensure proper and
adequate irrigation. (with Insoector)
Rodent Control. Weekly .
Trimming/Pruning Trees/Shrubs. Once per month. ( areas adjacent to sidewalks
& right of way as needed)
Fertilization of small trees, shrubs, and ground Semi-annually
cover.
Fertilization - turf. Quarterly
Weeding of Slopes all debris to be removed - Monthly
(SloDe Areas are as shown on Plan)
Continual Weeding of all shrub/planter beds Weekly
banks, and ALL other areas including
hardscape, sidewalks and expansion joints not
defined as slooes.
Raking beds; removal of leaves, pine needles, Weekly
etc.
Shrub/olanter bed edging Semi-monthly
SweepingIBlowing Walks (after mowing and Weekly
edging)
Washing walkslMedian Hardscaoe Monthly
Drainage structures such as gutters, concrete Annually before October 151 or as directed by
swales and ditches, catch basins, retention or Inspector.
detention basins, storm drains, inlets or outlets
and pioes 6-inches in diameter or larger.
Spraying pre-emergent Quarterly
Spraying for weeds As needed
Page 34 of 79
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City o{ San Bernardino
RFB. LIJndsJ:ape District Maintenance Services
Turf mowing Weeklv
Turf edging Weeklv
Turf trimming * Week Iv
Turf aeration Annually (before July 15 or as directed by
Insoector)
Turf renovation ** Annually (before October IS or as directed by
Insoector)
Over-seeding Annually (before October IS or as directed
bv Insoector)
Pest control on trees As needed
* With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
** Lawn renovation shall include the following:
I. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Page 3S of79
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City of San Bernardino
RFB Lantfscape District Maintenance Servkes
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in
the future within those Landscape Maintenance Districts which are presently unimproved, if any,
will be negotiated with the Contractor at the time of City's acceptance of said improvements.
However, the cost of maintenance shall not exceed the unit price awarded under this contract.
(i.e. same cost for irrigation components as awarded in this contract; turf and/or ground cover
shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and
to maintain the landscaping in a healthy and attractive condition and the irrigation system in a
fully operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as
included in the contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS In the event that this area is subject to construction of new and/or
expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or
eliminated by this construction. The Contractor shall provide maintenance up to the construction
area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed
by the construction will be by others. Upon restoration, the Contractor shall again be responsible
for maintenance. Areas eliminated by construction of hardscape shall be deducted from the
gross area under the same provisions as provided above for FUTURE WORK.
7-G AREAS ELIMINATEDIMODIFIED Any areas permanently or temporarily
eliminated or modified within the maintenance area shall be negotiated with the Contractor under
the same provisions as provided above for FUTURE WORK.
7-8 REPLACEMENT OF TREES AND PLANT MATERIALS, CONTRACTOR
NEGLIENCE - The Contractor will be responsible for replacing trees and plant material due to
over watering, under watering or improper horticultural practices or neglect as determined by the
Inspector at Contractor's cost.
Page 36 of79
Iii
City of San Bernardino
RF.B Lanttscape District Maintenance Services
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SECTION 8
TECHNICAL SPECIFlCA nONS
8-A MAINTAINING TRAFFIC Attention is directed to Section 7-10 "Public
Convenience and Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall
conform to the "Manual of Traffic Controls," current edition, published by the State of
California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City
of San Bernardino, California.
A minimum of one (I) lane shall be maintained for each direction of traffic at all times,
unless approved otherwise by the Engineer.
Full compensation for furnishing 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.
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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.
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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.
The provisions in this section may be modified or altered if, in the opinion of the Engineer,
public traffic will be better served and work expedited. Said modifications or alterations shall
not be adopted until approved in writing by the Engineer.
8-8 COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
,~
Certain companies, governmental agencies, or their Contractors may be working within the
area. Certain utility facilities in various locations within the project limits may be removed,
relocated, abandoned, or installed by companies' or agencies' contractors.
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C/Iy of San Berna,dino
RF.B Landscape District Malntenonce Services
It is anticipated that these eXIsting utilities will not interfere with the Contractor's
operations. However, the Contractor shall exercise due care to ensure that these utility facilities
are not damaged during his operations.
Page 38 of79
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City of San B~rnardino
RF-.B Landscllpe District Maintenance S~n:ices
The utility locations shown on the original landscaping plans are correct to the best of our
knowledge. When in doubt. the Contractor shall contact the utility concerned before proceeding
further.
Full compensation for conforming to the requirements of this Section, not otherwise
provided for, shall be considered as included in the lump sum prices paid for the work involved
and no additional compensation will be allowed therefore.
8-C REMOVAL OF SIGNS Any unauthorized signs, stakes. posts/poles, political or
otherwise, found within the landscaped areas from time to time shall be considered as trash and
debris and shall be removed by the Contractor.
Full compensation for removal of such items 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.
8-0 CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the
provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
Page 39 of 79
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City of San B~rnardino
REB.Ltlndscape District Mai"t~nance S~rvices
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SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs and maintenance. supply all needed
materials, and perform the work as necessary in accordance with the following:
9-8 The Inspector shall be immediately notified of any damage suspected to be caused by
accident, vandalism, theft. or Act of God in which the actual cost of repairing the damage is over
$25.00 for both labor and materials. Immediate notification of any such damage, prior to start of
work within the area, will serve to indicate the Contractor's belief that it was caused by factors
beyond his control. The City shall review the damage and/or request information from the
Contractor in order to establish the true cause of damage and determine responsibility for repair.
The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
landscape and irrigation not related to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the
following sprinkler system components as needed, for no additional cost, under normal wear
conditions or if the actual cost of repairing any damage is less than or equal to $25.00 for both
-. labor and materials, or as determined by the Inspector:
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Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi-outlet emission device, tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation
system components due to his own negligence, including removal of anti theft devices.
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9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by
vandalism, theft or Act of God where the actual cost of repairing any damage is less than or
equal to $25.00 for both labor and materials, shall be classified as Supplemental Items of Work.
Any repairs or replacement not covered by an item of Supplemental Work shall be paid for as
Extra Work, in accordance with Section 6-A, "EXTRA WORK:' of these Special Provisions.
Page 40 of 79
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Clt)' of San Bernardino
REBLandscape District Maintenance Services
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Full compensation for repairs to the irrigation system that are less than or equal to $25.00 for
both labor and materials 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.
Any replacement must conform to the type and kind of existing system. unless the use of
anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation
must be approved in writing by the Inspector.
9-F 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 Contractor of his responsibility. In the event of a failure of any
irrigation component that would prevent proper automatic irrigation of the landscaping,
Contractor shall apply irrigation manually until the repair and/or replacement is accomplished.
9-G In those Landscape Maintenance Districts where an automatic sprinkler system is
installed, the Contractor shall, in the presence of the Inspector, inspect and test the system semi-
monthly, or more often if climatic conditions. the frequent occurrence of vandalism or damage
requires, or at the direction of the Inspector. The Contractor shall inspect the system, for any
damage to the system such as missing, damaged or misdirected sprinkler heads and shall
physically test the operation of the system for any malfunction. The Contractor shall also inspect
/_ the timer controls and adjust the schedule and frequency of operation of the system to ensure
'-' proper operation as needed based on the season, existing weather conditions and horticultural
irrigation needs as set forth below. The Contractor shall maintain all sprinkler systems in such a
way as to ensure proper coverage and full working capacity, and shall make whatever
adjustments which may be necessary to prevent run-off into street right-of-way. or other areas
not meant to be irrigated. Cate shall be exercised to prevent a waste of water or to cause erosion.
Irrigation shall be accomplished as follows:
9-G-l Turf, if any, 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 summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to
maintain horticulturally acceptable growth and color, and to encourage deep rooting and
preventing erosion.
9-G-3 Shrub beds, if any, 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 runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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9-G-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
Page 41 of79
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City 01 San Bernardino
RI:B !-~ntisc.ape District Maintenance Services
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normal, healthy growth. Proper berms or basins where needed shall be maintained during
the establishment period.
9-" The entire irrigation system will be inspected and maintained by the Contractor on a daily
basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to
maintain adequate irrigation. Such repairs will be made by the Contractor with same typelbrand
head, or approved equal by the Inspector.
9-1 All other irrigation components will be inspected and maintained by the Contractor on a
weekly basis. This will include laterals, main lines, control valves. control wire, timer/controller
and any other items in the system. If any of the items mentioned ip this paragraph are found
to be defective or in need of repair during the weekly inspections, said items shall be
repaired immediately, All materials or parts shall be the same brand or approved equal.
Contractor shall notify the Citv InsDector immediatelv before makinl! anv such reDairs by callinl!
384-51 I I durinl! workinl! hours.
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9-J Replacement of the various types of sprinkler heads shall be accomplished as directed by
the Inspector. New sprinkler heads shall be the same type, size and brand as the one to be
replaced, except for anti-theft or anti-vandalism devices as approved by the Inspector. Except
where the cost of replacement of sprinkler heads shall exceed $25.00, the cost shall be included
in the contractor's base price. In the event that the cost shall exceed $25.00, the unit price paid
for replacing sprinkler heads shall include all items of work (including necessary repairs and/or
replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and at the
. price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the
Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be
replaced unless otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in
which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall
apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be
subject to Extra Work requirements as set forth in Paragraph D, Section 6.
9.L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK"
shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus
material costs.
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City of San Bun/lrdino
REB LandsCIJJp~ District Maint~nanu S~rvicl!S
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SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as
required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings,
or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp
pruning tools, with 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 Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and
Shrub Care" and "Ground Cover Care" of the Landscape Cost Estimating reference and these
Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction
plans and said Special Provisions on file in the office of the City Engineer of the City of San
Bernardino, and/or with the landscaping construction plans for the various subdivisions which
,-. are included within this project, or as otherwise directed by the Inspector and Engineer. All
"-' shrubs replaced shall be 5 gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work
involved in removing and planting shrubs and ground cover and at the price indicated in the
"SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
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City 01 San Bernardino
Rf'B LandsCJlpe District Maintenance Services
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SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
11-8 Turf Grass
11-8-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-8-2 Fertilization of all turf grass areas within the designated work area shall be
accomplished quarterly with a complete commercial fertilizer in homogeneous pellet
form. Guaranteed analysis shall be approved by the Inspector.
11-8-3 Fertilizer shall be packaged in multi-wall paper bags, polyethylene lined for
moisture resistance.
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11-8-4 Fertilizer shall be applied at a rate to provide the required elements necessary
for healthy growth as determined by the Inspector or based on the results of the soil
testing and at the times sp~cified below (or as otherwise directed by Inspector):
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July I
October 15
January 15
April 15
July 15
November I
February 1
May I
11-8-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to
obtain optimum spread. NotifY the Inspector 2-3 davs before application and submit basz
tal!.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
ll-C-I Fertilization of all shrub beds, ground cover areas and all young trees (3"
caliper and smaller) within the designated work area shall be accomplished two (2) times
per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or
equal. Guaranteed analysis shall be approved by the Inspector.
11-C-2 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:
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October I
March 15
October 15
April I
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Cit)' of San Bernardino
REB~Lqnds~ape District Maintenance Services
11-C-3 Adequate irrigation will immediately follow the application of fenilizer to
force fenilizer material to rest directly on the soil surface~
11-0 The fenilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
ll-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
Page 45 of 79
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City of San Bernardino
R E B }.andscape Dis/ric/ Mainlenance Services
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SECTION 12
LAWN I TURF
12-A 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.
12-B 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 weight of
the mower. NOTE: A MULCH-MOWING PROGRAM MAYBE PERMITTED WITH
PRIOR APPROVAL OF INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers
are to provide a uniform, level cut no higher than two (2) inches, or as otherwise instructed by
the Inspector, but no more than 25% of existing growth to be removed in anyone mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The
Contractor may request, from the Inspector, for reasons of rain or prolonged cold. alteration of
.- this mowing frequency.
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12-E 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
Inspector ten (10) days prior to beginning work; renovation shall occur upon thirty (30) days
notice from the Inspector. 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.
12-F Over-seeding shall be done on an annual basis following the fall renovation and prior to
October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with
the Inspector's approval. Steps must be taken during the renovation process to ensure seed to
ground contact. Failure to realize a minimum of 75% germination will require reseeding by the
Contractor at no extra cost to the City.
12-G Turf area shall be aerated 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 at no additional cost to the City. The frequency intervals shall be as required to
promote healthy vigorous growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten
(10) days prior to beginning work.
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',-, 12-H All grass clippings are to be picked up by means of the appropriate attachl)lents to
mowers or by use of other mechanical devices necessary to achieve a clean, neat appearance of
Page 46 of 79
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City of San Bernardino
BFB Lantjscape District Maintenance Services
turf areas. In the event of the mulch-mowing as provided under Section 12-8. all clippings must
be adequately fine-cut and spread as to achieve a neat appearance.
12-1 Any turf to be replaced which suffers any Act of God, vandalism or other destructive
occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused
by Contractor's negligence or failure to perfonn scheduled maintenance, shall be classified as
supplemental items of work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type
of turf removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing
and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
Page 47 of79
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City of San Bernardino
RfB.Ll!n(js~ape District Maintenance Services
SECTION 13
SLOPE I BANK I DRAIN MAINTENANCE
I3-A SLOPES -- All Slopes are to be weeded by hand or by using a power weed cutter. All
other plant material located on the slope shall be maintained as stated in these Special Provisions.
All weeds, dead plant materials, debris and trash are to be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY, ARE
DELINEATED ON SAID PLAN(S).
I3-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
I3-C DRAINS - Permanent drainage structures such as gutters, concrete swales and ditches,
catch basins, retention or detention basins, storm drains, inlets or outlets and pipes 12-inches in
diameter or smaller are to be cleaned and kept free of obstructions at all times and are to be
completely cleaned annually before October 151 or as directed by Inspector. The Contractor is
hereby notified that some of the drainage structure maintenance within the individual districts
may require specialized equipment to perform this maintenance requirement; Contractor is
advised to review those drainage areas prior to bid submission.
Page 48 of79
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City of San B~rnardino
RFJJ LandsCllp~ District Maint~nance S~rvices
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands,
medians, undeveloped slopes and underdeveloped areas shall be cut to a 2" height and treated
with Round-up or other herbicide as approved by the Inspector, per manufacturer's label on an
"as needed" basis, Said height is for erosion control. Said areas are to be maintained as such for
duration of contract. This shall also include weekly trash and litter pick-up.
14-8 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 undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical,
or chemical methods. The Inspector may restrict the use of chemical weed control in certain
areas. Complete removal of all weed growth shall be accomplished within each seven (7) days.
This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks.
14-C Weed removal in Fuel Modification Thinning Areas shall be performed as specified in
Section 16.
14-D For unimproved areas within described limits, ten (10) feet from curb face shall be
maintained weed- free by herbicides and manual methods. Herbicides shall be approved by the
City prior to use and only State of California licensed Pest Control Operators shall apply the
Herbicides. Unimproved areas to be maintained are shown on the Plan.
Page 49 of 79
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City 01 San B~rnardlno
RFB Latldscap~ District Malnt~nance S~rvices
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SECTION 15
TREES
15-A Contractor shall NOT be responsible for the planting, trimming, topping or maintenance
of any tree with a crown height over eight (8) feet tall. Contractor shall be responsible for
skirting any tree to a height of 8-feet as measured from ground level that may overhang any trail,
sidewalk or path and that interferes with the safe and convenient passage of an adult. In
addition, Contractor shall be responsible for the removal of any branches, limbs, fronds or other
debris that have fallen to the ground from a tree.
15-8 All trees shall be maintained in their natural shapes. Pruning shall be performed in such a
manner as to promote the best growth habits, appearance, and health of the tree and shall include
a selective and natural approach to pruning of all trees on site, including pest and disease control
and removal of any dead limbs, fronds or branches.
15-C The Contractor shall bring to the attention of the Inspector any tree that shows signs of
root heaving, leaning, girding, abrasion or that have hanging limbs or is in some manner, a safety
hazard. Contractor shall notify the Inspector 48 hours prior to anv pruning.
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of improper chemical application or equipment damage shall be at Contractor's expense.
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Ci/}- of San Bernardino
RFB'Lllndscape District Maintenance Services
SECTION 16
FUEL MODI FICA nON THINNING AREAS
16-A Weed growth in all areas identified as "Fuel Modification Thinning Areas" shall be cut to
a 2" height and treated with Round-up or other herbicide as approved by the'Inspector, per
manufacturer's label at least once every three months or on an "as needed" basis as determined
by the Inspector for the purposes of fire and/or erosion contro!. This shall be included in the
Basic Maintenance price. Weeding beyond the minimum 4 times per year shall be at the rate as
specified in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE." Trash and debris shall
be picked removed at the time of weeding and is included in the Basic Maintenance price.
Additional debris removal may be required as Extra Work as defined herein.
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Cit)' of Son Bernordino
RFg Londscope District Mointenonce Services
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SECTION 17
TRAIL SYSTEMS
17-A Trail System. if present. may consist of, but not be limited to. any of the following: I)
Asphalt bicycling/walking trail; 2) Decomposed Granite (D.G) or similar equestrian / walking
trail; 3) Natural equestrian/walking trail; or, 4) as identified by the City Engineer. Maintenance
to be performed as follows:
17-8 Asphalt bicycling/walking trail: Asohalt trails shall be sweot usine either a mechanical
or vacuum sweeoer as aooroved bv the Insoector at least once everv'three months. In the event
that combined sweeoer/c1eaner is used. the sweeoer shall be caoable of recoverine all aoolied
waters. Weeds removal shall be the same as specified in Section 14 as for landscaped areas
(complete weed removal) at the same frequency as planter beds. Trash and debris shall be
removed weekly, or as needed. Said maintenance shall be included in the Basic Maintenance
pnce.
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17-C Decomposed Granite or similar equestrian I walking trail: Weeds removal shall be the
same as specified in Section 14 as for landscaped areas (complete weed removal) at the same
frequency as planter beds. Trash, debris and animal droppings shall be removed daily. Said
maintenance shall be included in the Basic Maintenance price.
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17-D Natural equestrian/walking trail: Weeds removal shall be on an "as-needed" basis, but not
less than once every three months (complete weed removal). Trash, debris and animal droppings
shall be removed daily. Said maintenance shall be included in the Basic Maintenance price.
17-E Fences, railings, footings and other appurtenants shall be cleaned at least once every three
months. Fences, railings and footings shall be inspected weekly for any damages or the need for
good repair. Said cleaning, repairs less than $25.00 for both labor and materials, and inspections
shall be included in the Basic Maintenance price. The Inspector shall be immediately notified of
any need for repairs or for damage suspected to be caused by accident, vandalism, theft, or Act
of God in which the actual cost of repairing the damage is over $25.00 for both labor and
materials. Immediate notification of any such damage, prior to start of work within the area, will
serve to indicate the Contractor's belief that it was caused by factors beyond his control. The
City shall review the damage andlor request information from the Contractor in order to establish
the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving fences, railings and footings
not related to his operations.
Any work needed within trail systems not specified herein. shall be performed as Extra Work, as
defined herein.
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Highland Ave.
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COLTON
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VENDORSER~CEAGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY acquire the services of professional landscape maintenance
contractors to maintain the landscaping in designated landscape maintenance districts; and
WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
vendors for landscape maintenance services in Landscape Maintenance District Areas "A", "B",
"C", "E" and "J"; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such landscape maintenance services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide those services as set forth in Attachment "A," Description of Workffechnical
Specifications RFB "Landscape District Maintenance Services", attached hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of $353,085.75 for landscape maintenance services for Landscape
Maintenance District Areas "A", "B", "C", "E" and "1".
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3.
TERM; TERMINATION.
The term of the initial Agreement is from May 15,2008 through January 31, 2009, with
two one-year extensions upon mutual agreement between the City and the Vendor, contingent
upon available funding. This Agreement may be terminated at any time by thirty (30) days
written notice by either party. The terms of this Agreement shall remain in force unless mutually
amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5.
INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$I,OOO,OOO.OO combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. . The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY of any change or termination in
the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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8.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 9240 I
Telephone: (909)384-5233
TO THE VENDOR:
Service Scape
2065 Kern Street
San Bernardino, CA 92407-6211
Telephone: (909) 887-3022
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, t1ie
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11.
ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
IS. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated4/2-"3/2008
SERVICE SCAPE
~lcE3:=-~f"l~
By: C2..1-r >.. t _
Its: c:>...-' i-1 ~ :>
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
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CiIy of s.,II Be"'.rdillo
R FB i.lld.cape District Mailltellallu Se",;ces
BIDDER'S INFORMATION AND SIGNATURE:
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It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
-A"rill. -2008: except as prel-iously noted. and shall continue in a good and "orkmanlike manner for the
term of the contract.
The undersigned further agrees that in case of defaull in executing the contract, or furnishing
necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying
this bid shall be paid to the Cil}' of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor.
LICENSE NO.: E/S>5'E- <..:.4- CLASSIFICATION: L - Z"
EXPIRATION DATES -31-0'='
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FIRM NAME: C:?E:r':;~-'-I~~-E- - "L---X-~
BUSINESS ADDRESS: ~1\\&7 ~:;rr-c..:,~v--4C:C{> ~~T
..6L T6.. L..c"'t7'\A GO. ~'; l -"l -:S',
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BUSINESS PHONE: ~:e 1C~l- -lc..4-S
FAX: 5<..:.:8 e.c:,- ~-'Z2-
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CELL PHONE: ~'c,l <:"".A r"'::> - l \ 2-S
If an individual, so state. If a firm or co-partnership, so state and give the names of all individuals, co-
partners composing the firm. If a corporation, so state and give the names of the president. secretary,
treasurer and manager thereof:
Is Bidder currenUy a certified DBE? Ves CJ No)t
Legal Status of Firm ~ \~ P\7--'<'"'F
NAME (S) ADDRESS (ES)
\7'- ~fit-i~t---l C\-,,'"'" ~'\IC.1 I'"" C(" .c. '--'r-
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~.=Y\.-.t ~\7~~'"::>II-'"(''' C!~ ')z..40.
SIGNATURE OF BIDDERD_ :-=t-:l.-"""-J
Date Signed: :2).- \', - ~C:~'
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CiIy /If San B~rnardin/l
RFI! L.a"t4cap~ District Maint~nanct S~rvices
SECTION 7
DESCRIPTION OF WORK
7-A 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 of the
industry as determined by the Inspector,
7-B WORK TO BE PERFORMED
following:
The work to be performed consists. in general, of the
Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees. shrubs. and ground cover plants;
raking; 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
Landscape Maintenance Districts in a safe, attractive, usable, healthy and vigorous condition.
All hardscaped areas, such as sidewalks, curbs, gutters, expansion joints, median
hardscape (if any) and roadway surfaces extending out at least five-feet from the curb face,
within the contract defined Landscape Maintenance Districts, shall be kept free of weeds,
fugitive soils, trash, dead plant materials and debris as per the maintenance schedule. All debris,
fugitive soils and vegetative trimmings shall be removed of and disposed of by the Contractor in
compliance with National Pollution Discharge Elimination System (NPDES) Best Management
Practices as established by the City Engineer Contractor shall not sweep. blow or otherwise
cause any trash, debris, fugitive soils or vegetative trimmings to be discharged into or upon any
street, gutter, drainage structure, storm drain or other facility,
Unimproved areas beyond described limits are not a part of this contract.
'-C MAINTENANCE SCHEDULES
'-C-t. Scheduling of Work -- The Contractor shall accomplish all normal landscape
maintenance required under this contract from Monday through Friday and as specified in this
Section of these Special Provisions, Exceptions may be made to normal working hours (7:30
a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow
for proper maintenance. The Inspector may grant, on a case by case basis. permission to perform
contract maintenance at other hours.
'-C-2. 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 Inspector prior to
the performance of any work required by these specifications, and any changes in scheduling
shall be reported in writing, to the Inspector immediately.
Page 33 of79
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City 01 Sail B~"'a,dlllo
RfB Lallt!scap~ District Malllt~IIallu S~",lcn
7-C-3. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic 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
Inspector at least five (5) working days in advance of performing these operations.
7-C-4 The following items of work shall be performed by the Contractor with the
frequency indicated:
ITEM OF WORK FRE()UENCYPERFORMED
Pick up of trash and debris - Weekly or as needed. .Nate: Areas adjacent to
high pedestrian t,affic may ,equire more
frequent pickup of t,ash as determined by the
insDectar.
Complete Irrigation Test and Inspection. Semi-Monthly, or as often as climatic
conditions. ( e.g. daily during hot, dry weather
), or the frequent occurrence of vandalism or
damage reqUIres to ensure proper and
adeauate irrigation. (with Insoector)
Rodent Control. Weeklv
Trimming/Pruning Trees/Shrubs. Once per month. ( areas adjacent to sidewalks
& ril!ht ofwav as needed)
Fertilization of small trees, shrubs, and ground Semi-annually
cover.
Fertilization - turf. Ouarter! v
Weeding of Slopes all debris to be removed - Monthly
(SloDe Areas are as shown on Plan)
Continual Weeding of all shrub/planter beds Weekly
banks, and ALL other areas including
hardscape, sidewalks and expansion joints not
defined as slones.
Raking beds; removal of leaves, pine needles, Weekly
etc.
Shrub/Dlanter bed edl!inl! Semi-monthly
Sweeping/Blowing Walks (after mowing and Weekly
edl!in~)
Washinl!. walks/Median Hardscaoe Monthlv
Drainage structures such as gutters, concrete Annually before October 1st or as directed by
swales and ditches, calch basins, retention or Inspector.
detention basins, storm drains, inlets or outlets
and nines 6-inches in diameter or larl!.er.
Soravinl!. ore-emerl!ent . Ouarter! v
Soravinl! for weeds As needed
Page 34 of 79
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City of San Bernardino
RfB "Lqnds~ape District Maintenance Services
Turf mowing Weekly
Turf edlling Weekly
Turf trimming * Weeklv
Turf aeration Annually (before July 15 or as directed by
Inspector)
Turf renovation ** Annually (before October 15 or as directed by
Insoector)
Over-seeding Annually (before October \5 or as directed
bv Insoector)
Pest control on trees As needed
* With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
** Lawn renovation shall include the following:
\. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Page 35 of 79
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City 01 San S"nardino
RES Landscape District Maintenance Services
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7-D FUTURE WORK -- The cost of maintenance oflandscaping which will be installed in
the future within those Landscape Maintenance Districts which are presently unimproved, if any.
will be negotiated with the Contractor at the time of City's acceptance of said improvements.
However. the cost of maintenance shall not exceed the unit price awarded under this contract.
(i.e. same cost for irrigation components as awarded in this contract; turf and/or ground cover
shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and
to maintain the landscaping in a healthy and attractive condition and the irrigation system in a
fully operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as
included in the contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS In the event that this area is subject to construction of new and/or
expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or
eliminated by this construction. The Contractor shall provide maintenance up to the construction
area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed
by the construction will be by others. Upon restoration, the Contractor shall again be responsible
,_. for maintenance. Areas eliminated by construction of hardscape shall be deducted from the
"-' gross area under the same provisions as provided above for FUTURE WORK.
7-G AREAS ELlMINATEDIMODIFIED Any areas permanently or temporarily
eliminated or modified within the maintenance area shall be negotiated with the Contractor under
the same provisions as provided above for FUTURE WORK.
7-8 REPLACEMENT OF TREES AND PLANT MATERIALS, CONTRACTOR
NEGLlENCE - The Contractor will be responsible for replacing trees and plant material due to
over watering, under watering or improper horticultural practices or neglect as determined by the
Inspector at Contractor's cost.
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City af San Bernardlna
RFB Laltdscape District Maintenance Services
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SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC Attention is directed to Section 7-10 "Public
Convenience and Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in perfonnance of work upon highways shall
confonn to the "Manual of Traffic Controls," current edition, published by the State of
California, and the "Work Area Traffic Control Handbook," current.edition, adopted by the City
of San Bernardino, California.
A minimum of one (I) lane shall be maintained for each direction of traffic at all times,
unless approved otherwise by the Engineer.
Full compensation for furnishing 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. .
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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.
The provisions in this section may be modified or altered if, in the opinion of the Engineer,
public traffic will be better served and work expedited. Said modifications or alterations shall
not be adopted until approved in writing by the Engineer.
8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the
area. Certain utility facilities in various locations within the project limits may be removed,
relocated, abandoned, or installed by companies' or agencies' contractors.
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It is anticipated that these eXisting utilities will not interfere with the Contractor's
operations. However, the Contractor shall exercise due care to ensure that these utility facilities
are not damaged during his operations.
Page 38 of79
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City 01 San Brrna,dino
RFB Landscapr Dist,ict Maintrnanu Srrvicrs
The utility locations shown on the original landscaping plans are correct to the best of our
knowledge. When in doubt. the Contractor shall contact the utility concerned before proceeding
further.
Full compensation for conforming to the requirements of this Section. not otherwise
provided for. shall be considered as included in the lump sum prices paid for the work involved
and no additional compensation will be allowed therefore.
8-C REMOVAL OF SIGNS Any unauthorized signs. stakes. postsipoles. political or
otherwise, found within the landscaped areas from time to time shall be considered as trash and
debris and shall be removed by the Contractor.
Full compensation for removal of such items 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.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the
provisions in Section 7-8.1. "Cleanup and Dust Control" of the Standard Specifications.
Page 39 of79
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City of San B~rnardino
Rf:B !-a.n.c.ap~ District Maint~nanc~ S~rvicn
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SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs and maintenance. supply all needed
materials, and perform the work as necessary in accordance with the following:
9-8 The Inspector shall be immediately notified of any damage suspected to be caused by
accident, vandalism, theft, or Act of God in which the actual cost of repairing the damage is over
$25.00 for both labor and materials. Immediate notification of any such damage, prior to stan of
work within the area, will serve to indicate the Contractor's belief that it was caused by factors
beyond his control. The City shall review the damage and/or request information from the
Contractor in order to establish the true cause of damage and determine responsibility for repair.
The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
landscape and irrigation not related to his operations.
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9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the
following sprinkler system components as needed, for no additional cost. under normal wear
conditions or if the actual cost of repairing any damage is less than or equal to $25.00 for both
labor and materials, or as determined by the Inspector:
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Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi-outlet emission device, tubing. and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation
system components due to his own negligence, including removal of anti theft devices.
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9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by
vandalism, theft or Act of God where the actual cost of repairing any damage is less than or
equal to $25.00 for both labor and materials, shall be classified as Supplemental Items of Work.
Any repairs or replacement no~ covered by an item of Supplemental Work shall be paid for as
Extra Work, in accordance with Section 6-A, "EXTRA WORK." of these Special Provisions.
Page 40 of 79
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City of San Bernardino
R~B 1,.alldJcape District Maintenance Services
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Full compensation for repairs to the irrigation system that are less than or equal to $25.00 for
both labor and materials 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.
Any replacement must confonn to the type and kind of existing system. unless the use of
anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation
must be approved in writing by the Inspector.
9-F 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 Contractor of his responsibility. In the event of a failure; of any
irrigation component that would prevent proper automatic irrigation of the landscaping,
Contractor shall apply irrigation manually until the repair and/or replacement is accomplished.
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9-G In those Landscape Maintenance Districts where an automatic sprinkler system is
installed, the Contractor shall, in the presence of the Inspector, inspect and test the system semi-
monthly, or more often if climatic conditions, the frequent occurrence of vandalism or damage
requires, or at the direction of the Inspector. The Contractor shall inspect the system. for any
damage to the system such as missing, damaged or misdirected sprinkler heads and shall
physically test the operation of the system for any malfunction. The Contractor shall also inspect
the timer controls and adjust the schedule and frequency of operation of the system to ensure
proper operation as needed based on the season, existing weather conditions and horticultural
irrigation needs as set forth below. The Contractor shall maintain all sprinkler systems in such a
way as to ensure proper coverage and full working capacity, and shall make whatever
adjustments which may be necessary to prevent run-off into street right-of-way. or other areas
not meant to be irrigated. Cate shall be exercised to prevent a waste of water or to cause erosion.
Irrigation shall be accomplished as follows:
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9-G-l Turf, if any. shall be irrigated as required. to maintain horticulturally acceptable
growth and color and to encourage deep rooting. Additional irrigation shall be perfonned
in the event of unusually hot/dry weather conditions (as are present during winter Santa
Ana conditions, or other t.imes of less humidity or high winds, or during a prolonged high
temperature period during the summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to
maintain horticulturally acceptable growth and color, and to encourage deep rooting and
preventing erosion.
9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally
acceptable growth and color, and to promote deep rooting. Irrigation rates lor shrub areas
shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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9-G-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
Page 4 J of79
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City of Son B~rnordino
RFB Londscop~ District /IIoint~nonc~ S~rvices
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normal, healthy growth. Proper berms or basins where needed shall be maintained during
the establishment period.
9-8 The entire irrigation system will be inspected and maintained by the Contractor on a daily
basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to
maintain adequate irrigation. Such repairs will be made by the Contractor with same typelbrand
head, or approved equal by the Inspector.
9-1 All other irrigation components will be inspected and maintained by the Contractor on a
weekly basis. This will include laterals, main lines. control valves. control wire, timer/controller
and any other items in the system. If any of the items mentioned in this paragrapb are found
to be defective or in need of repair during the weekly inspections, said items shall be
repaired immediately. All materials or parts shall be the same brand or approved equal.
Contractor shall notify the City Insoector immediatelv before making any such Teoairs by calling
384-5 I II during working hours.
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9-J Replacement of the various types of sprinkler heads shall be accomplished as directed by
the Inspector. New sprinkler heads shall be the same type. size and brand as the one to be
replaced, except for anti-theft or anti-vandalism devices as approved by the Inspector. Except
where the cost of replacement of sprinkler heads shall exceed $25.00, the cost shall be included
in the contractor's base price. In the event that the cost shall exceed $25.00, the unit price paid
for replacing sprinkler heads shall include all items of work (including necessary repairs and/or
replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and at the
price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the
Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be
replaced unless otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in
which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall
apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be
subject to Extra Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK"
shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus
material costs.
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Page 42 of79
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City Df San BernardinD
RFB LandKape District Maintenance Services
SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as
required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings,
or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp
pruning tools, with 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 Inspector. will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and
Shrub Care" and "Ground Cover Care" of the Landscape Cost Estimating reference and these
Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction
plans and said Special Provisions on file in the office of the City Engineer of the City of San
Bernardino, and/or with the landscaping construction plans for the various subdivisions which
are included within this project, or as otherwise directed by the Inspector and Engineer. All
shrubs replaced shall be 5 gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work
involved in removing and planting shrubs and ground cover and at the price indicated in the
"SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
Page 43 of 79
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City 01 San B~r"ardi"o
RFfJ /"af)dscI!P~ District Mai"'~na"c~ Services
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SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
II-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
II-B Turf Grass
ll-B-l Manure shall not be used as a fertilizer or soil conditioning material.
II-B-2 Fertilization of all turf grass areas within the designated work area shall be
accomplished quarterly with a complete commercial fertilizer in homogeneous pellet
form. Guaranteed analysis shall be approved by the Inspector.
II-B-3 Fertilizer shall be packaged in multi-wall paper bags. polyethylene lined for
moisture resistance.
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II-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary
for healthy gro\\1h as determined by the Inspector or based on the results of the soil
testing and at the times sp.:cified below (or as otherwise directed by Inspector):
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July I
October IS
January IS
April 15
July 15
November 1
February I
May I
II-B-S Fertilizer shall be applied in granular form and shall be moisture-free so as to
obtain optimum spread. NotifY the Insoector 2-3 davs before aoolication and submit ball:
tall:.
II-C Shrub Beds, Ground Cover, and Small Tree Fertilization
II-C-l Fertilization of all shrub beds, ground cover areas and all young trees (3"
caliper and smaller) within"the designated work area shall be accomplished two (2) times
per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or
equal. Guaranteed analysis shall be approved by the Inspector.
II-C-2 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 I
March 15
October 15
April I
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Clt)' 01 Sail B~rna,dillo
RFB LJzfldsJ:ap~ Dist,ict Maillt~lIallU S~,.,,;cn
ll-C-3 Adequate irrigation will immediately follow the application of fertilizer to
force fertilizer material to rest directly on the soil surface.
ll-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
ll-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
Page 45 of79
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City of San B~rna,d;no
RFB Landscap~ District Ma;nt~nanu S~"';Cft
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SECTION 12
LA WN f TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shaH
be maintained if the turf area abuts a shrub bed. property line or to maintain a turf delineation.
12-B AHla~ll 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 b~' the wheel and/or weight of
the mower. NOTE: A MULCH-MOWING PROGRAM MAYBE PERMITTED WITH
PRIOR APPROVAL OF INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth. even cut with out tearing; mowers
are to provide a uniform, level cut no higher than two (2) inches, or as otherwise instructed by
the Inspector, but no more than 25% of existing growth to be removed in anyone mowing.
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12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The
Contractor may request, from the Inspector. for reasons of rain or prolonged cold. alteration of
this mowing frequency.
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12-E Renovation shaH be any approved operation that removes accumulated thatch from turf
areas; a schedule of equipment to be utilized by the Contractor shaH be submitted to the
Inspector ten (10) days prior to beginning work; renovation shaH occur upon thirty (30) days
notice from the Inspector. 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.
12-F Over-seeding shall be done on an annual basis following the fall renovation and prior to
October 15th of each year. AH turf areas shall be over seeded with a seed mix that meets with
the Inspector's approval. Steps must be taken during the renovation process to ensure seed to
ground contact. Failure to realize a minimum of 75% germination will require reseeding by the
Contractor at no extra cost to the City.
12-G Turf area shall be aerated a minimum of one time each year. Aerification wiH 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 at no additional cost to the City. The frequency intervals shall be as required to
promote healthy vigorous groVl'th as determined by the Inspector.
A schedule of aerification equipment to be used shaH be submitted to the Inspector ten
(10) days prior to beginning work.
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12-H AH 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
Page 46 of 79
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City oj San Bernardino
RFB Landscape District Maintenance Services
turf areas. In the event of the mulch-mowing as provided under Section 12-8. all clippings must
be adequately fine-cut and spread as to achieve a neat appearance.
12-1 Any turf to be replaced which suffers any Act of God. vandalism or other destructive
occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused
by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as
supplemental items of work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type
of turf removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing
and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE" .
Page 47 of 79
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RFB Lall/*cape District Maintenance Services
SECTION 13
SLOPE I BANK I DRAIN MAINTENANCE
l3-A SLOPES -- All Slopes are to be weeded by hand or by using a power weed cutter. All
other plant material located on the slope shall be maintained as stated in these Special Provisions.
All weeds, dead plant materials. debris and trash are to be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY, ARE
DELINEATED ON SAID PLAN(Sl.
13-8 All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions,
l3-C DRAINS - Permanent drainage structures such as gutters, concrete swales and ditches,
catch basins, retention or detention basins, storm drains, inlets or outlets and pipes 12-inches in
diameter or smaller are to be cleaned and kept free of obstructions at all times and are to be
completely cleaned annually before October 1st or as directed by Inspector. The Contractor is
hereby notified that some of the drainage structure maintenance within the individual districts
may require specialized equipment to perform this maintenance requirement; Contractor is
advised to review those drainage areas prior to bid submission.
Page 48 of 79
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City of San Bernardino
R FB Landscape District Maintenance Services
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SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands,
medians, undeveloped slopes and underdeveloped areas shall be cut to a 2" height and treated
with Round-up or other herbicide as approved by the Inspector. per manufacturer's label on an
"as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for
duration of contract. This shall also include weekly trash and litter pick-up.
14-8 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 undesirable or misplaced plant." Weeds shall be controlled either by hand. mechanical,
or chemical methods. The Inspector may restrict the use of chemical weed control in certain
areas. Complete removal of all weed gro~th shall be accomplished within each seven (7) days.
This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks.
14-C Weed removal in Fuel Modification Thinning Areas shall be performed as specified in
Section 16.
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'-' 14-0 For unimproved areas within described limits, ten (10) feet from curb face shall be
maintained weed- free by herbicides and manual methods. Herbicides shall be approved by the
City prior to use and only State of California licensed Pest Control Operators shall apply the
Herbicides. Unimproved areas to be maintained are shown on the Plan.
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SECTION 15
TREES
15-A Contractor shall NOT be responsible for the planting, trimming, topping or maintenance
of any tree with a crown height over eight (8) feet tall. Contractor shall be responsible for
skirting any tree to a height of 8- feet as measured from ground level that may overhang any trail,
sidewalk or path and that interferes with the safe and convenient passage of an adult. In
addition, Contractor shall be responsible for the removal of any branches. limbs, fronds or other
debris that have fallen to the ground from a tree.
15-8 All trees shall be maintained in their natural shapes. Pruning shall be performed in such a
manner as to promote the best growth habits, appearance, and health of the tree and shall include
a selective and natural approach to pruning of all trees on site, including pest and disease control
and removal of any dead limbs, fronds or branches.
15-C The Contractor shall bring to the attention of the Inspector any tree that shows signs of
root heaving, leaning, girding, abrasion or that have hanging limbs or is in some manner, a safety
hazard. Contractor shall notifv the Inspector 48 hours prior to anv pruning.
15-D Tree removal and replacement due to damage or negligence by the Contractor as a result
of improper chemical application or equipment damage shall be at Contractor's expense.
Page SO of 79
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CiI)' olSon Bernardino
R F B Landscaplt District Maintenance ServicltS
SECTION 16
FUEL MODI FICA nON THINNING AREAS
16-A Weed growth in all areas identified as "Fuel Modification Thinning Areas" shall be cut to
a 2" height and treated with Round-up or other herbicide as approved by the Inspector, per.
manufacturer's label at least once every three months or on an "as needed" basis as determined
by the Inspector for the purposes of fire and/or erosion control. This shall be included in the
Basic Maintenance price. Weeding beyond the minimum 4 times per year shall be at the rate as
specified in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE:' Trash and debris shall
be picked removed at the time of weeding and is included in the Basic Maintenance price.
Additional debris removal may be required as Extra Work as defined herein.
Page 5 I of79
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Jill
City af San Bunardilra
RFB Landscape District Maintenance Services
SECTION 17
TRAIL SYSTEMS
17-A Trail System, if present, may consist of, but not be limited to, any of the following: 1)
Asphalt bicycling/walking trail; 2) Decomposed Granite (D.G) or similar equestrian / walking
trail; 3) Natural equestrian/walking trail: or. 4) as identified by the City Engineer. Maintenance
to be performed as follows:
17-8 Asphalt bicycling/walking trail: Asphalt trails shall be swept usinl! either a mechanical
or vacuum sweeper as approved bv the Inspector at least once everv three months. In the event
that combined sweeper/cleaner is used. the sweeper shall be capable of recoverinlZ all applied
waters. Weeds removal shall be the same as specified in Section 14 as for landscaped areas
(complete weed removal) at the same frequency as planter beds. Trash and debris shall be
removed weekly, or as needed. Said maintenance shall be included in the Basic Maintenance
price.
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17-C Decomposed Granite or similar equestrian / walking trail: Weeds removal shall be the
same as specified in Section 14 as for landscaped areas (complete weed removal) at the same
frequency as planter beds. Trash, debris and animal droppings shall be removed daily. Said
maintenance shall be included in the Basic Maintenance price.
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17-D Natural equestrian/walking trail: Weeds removal shall be on an "as-needed" basis, but not
less than once every three months (complete weed removal). Trash, debris and animal droppings
shall be removed daily. Said maintenance shall be included in the Basic Maintenance price.
17-E Fences, railings, footings and other appurtenants shall be cleaned at least once every three
months. Fences, railings and footings shall be inspected weekly for any damages or the need for
good repair. Said cleaning, repairs less than $25.00 for both labor and materials, and inspections
shall be included in the Basic Maintenance price. The Inspector shall be immediately notified of
any need for repairs or for damage suspected to be caused by accident, vandalism, theft, or Act
of God in which the actual cost of repairing the damage is over $25.00 for both labor and
materials. Immediate notification of any such damage. prior to start of work within the area, will
serve to indicate the Contractor's belief that it was caused by factors beyond his control. The
City shall review the damage andlor request information from the Contractor in order to establish
the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving fences, railings and footings
not related to his operations.
Any work needed within trail systems not specified herein. shall be performed as Extra Work, as
defined herein.
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Page 52 of 79
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VENDOR SERVICE AGRE.EM,El'IT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Golden West Landscape Contractor ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY acquire the services of professional landscape ma!ntenance
contractors to maintain the landscaping in designated landscape maintenance districts; and
WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
vendors for landscape maintenance services in Landscape Maintenance District Areas "0", "F",
"0", "H" and "I"; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such landscape maintenance services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide those services as set forth in Attachment "A," Description of Workfrechnical
Specifications RFB "Landscape District Maintenance Services", attached hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of $93,633.88 for landscape maintenance services for Landscape
Maintenance District Areas "0", "F", "G", "H" and "I".
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3. TERM; TERMINATION.
The term of the initial Agreement is from May 15,2008 through January 31, 2009, with
two one-year extensions upon mutual agreement between the City and the Vendor, contingent
upon available funding. This Agreement may be terminated at any time by thirty (30) days
written notice by either party. The terms of this Agreement shall remain in force unless mutually
amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
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asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5.
INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY of any change or termination in
the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
f~
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
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8.
BUSINESS REGISTRA TION CERTIFICATE AND OTHER REQUIREMENTS.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 92401
Telephone: (909)384-5233
TO THE VENDOR:
Golden West Landscape Contractor
2160 Kern Street
San Bernardino, CA 92407-6211
Telephone: (909) 887-6263
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
III
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11.
ASSIGNMENT.
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
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mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16.
SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement. .
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated Ll-/..f_~}f" ,2008
GOLDEN WEST LANDSCAPE CONTRACTOR
By: ~h_:.-- /~
Its: ) IJJ #J ~
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
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City 0/ San Bm""diIlo
RFB Lairiscape District Maintenonce Services
BIDDER'S INFORMATION AND SIGNA Tl;RE:
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It is the understanding of the undersigned that the work hereinabove described shall be commenced on.
-A1lrill 2008, except as previoust} noted. and shall continue in a good and workmanlike manner for the
term of the contracl.
The undersigned further agrees that in case of default in executing the contract, or furnishing
necessary bonds, all within the specified time. the proceeds of the Bidder's Guaranty accompanying
this bid shall be paid to the Cil)' of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor.
LICENSE NO.: sq 7//7
k -":?f)~nk.
CLASSIFICA TION: c:. 'J. 7
EXPIRATION DATE:
FIRM NAME:
f:.{') l... D (~W
(l.)lr~-r;:. J..bllJ"~c..h.P(.f C1:>~((l..J:>~-rO"
BUSINESS ADDRESS: ~\bC \C.ee.~ ~r.
c;.6,. -..l ~g 2..\-1 b tLl), \Jl:) r-... ""4!>r
BUSINESS PHONE: tffi9 J< [57 & ~ (; ~
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'-' FAX: q~) f:k'7 ()'f q3
CELL PHONE: f'rI1) 771 (.0 S" If
If an individual, so state. If a firm or co-partnership, so state and give the names of all individuals. co-
partners composing the firm. If a corporation. so state and give the names of the president, secretarY,
treasurer and manager thereof:
Is Bidder currently a certified DBE? Yes = No :::
Legal Status of Firm
NAME (S)
ADDRESS rES)
~I 6>1') t:g~~ S7: S,Af-J ~U"U>tt.Jb
_~l \..~ c:...~''':"O "-t-/.-OOIlIl..'(h
SIGNATURE OF BIDDER: ~
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Date Signed:
:5- 17- ail
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Page 63 of 79
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:Xd lit
CiIy 01 S"" B~",,,,dl,,o
RF!lI,"~t4.cIIP~ District M"I"t~"""ct S~",lces
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SECTION 7
DESCRIPTION OF WORK
7-A 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 of the
industry as determined by the Inspector.
7-B WORK TO BE PERFORMED
following:
The work to be performed consists, in general, of the
Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees, shrubs. and ground cover plants;
raking; 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
Landscape Maintenance Districts in a safe, attractive, usable, healthy and vigorous condition.
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All hardscaped areas, such as sidewalks, curbs, gutters, expansion joints, median
hardscape (if any) and roadway surfaces extending out at least five-feet from the curb face,
within the contract defined Landscape Maintenance Districts. shall be kept free of weeds,
fugitive soils, trash, dead plant materials and debris as per the maintenance schedule. All debris,
fugitive soils and vegetative trimmings shall be removed of and disposed of by the Contractor in
compliance with National Pollution Discharge Elimination System (NPDES) Best Management
Practices as established by the City Engineer Contractor shall not sweep. blow or otherwise
cause any trash, debris, fugitive soils or vegetative trimmings to be discharged into or upon any
street, gutter, drainage structure, storm drain or other facility.
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Unimproved areas beyond described limits are not a part of this contract.
7-C MAINTENANCE SCHEDULES
7-C-t. Scheduling of Work -- The Contractor shall accomplish all normal landscape
maintenance required under this contract from Monday through Friday and as specified in this
Section of these Special Provisions. Exceptions may be made to normal working hours (7:30
a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified .to allow
for proper maintenance. The Inspector may grant, on a case by case basis. permission to perform
contract maintenance at other hours.
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7-C-2. 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 Inspector prior to
the performance of any work required by these specifications, and any changes in scheduling
shall be reported in writing, to the Inspector immediately.
Page 33 of79
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City 0/ San Btrna,dino
R F..B (.a!ldscppe District Maintenance Services
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7-C-3. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal pedestrian traffic on adjacent sidewalks or \'ehicular traffic 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
Inspector at least five (5) working days in advance of performing these operations.
7-C-4 The following items of work shall be performed by the Contractor with the
frequency indicated:
ITEM OF WORK
Pick up of trash and debris -
Complete Irrigation Test and Inspection.
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Rodent Control.
Trimming/Pruning Trees/Shrubs.
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Fertilization of small trees, shrubs, and ground
cover.
Fertilization - turf.
Weeding of Slopes all debris to be removed -
Slo Areas are as shown on Plan)
Continual Weeding of all shrub/planter beds
banks, and ALL other areas including
hardscape, sidewalks and expansion joints not
defined as slo s.
Raking beds; removal of leaves, pine needles,
etc.
Shrub/ lanter bed ed in
Sweeping/Blowing Walks (after mowing and
ed in
Washin walkslMedian Hardsca e
Drainage structures such as gutters, concre~e
swales and ditches, catch basins, retention or
detention basins, storm drains, inlets or outlets
and i s 6-inches in diameter or lar er.
S ra in re-emer ent
S ra in for weeds
FRE UENCY PERFORMED
Weekly or as needed. .Note: A,eas adjacent to
high pedestrian t,affic may require more
frequent pickup of trash as dete,mined by the
ins ector.
Semi-Monthly. or as often as climatic
conditions. ( e.g. daily during hot. dry weather
), or the frequent occurrence of vandalism or
damage requires to ensure proper and
ade uate irri ation. (with Ins ector)
Weeklv
Once per month. ( areas adjacent to sidewalks
& ri ht ofwav as needed)
Semi-annually
Weekly
Weekly
Semi-monthl
Weekly
Monthl
Annually before October I S or as directed by
Inspector.
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Cil)' of San Bernardino
RFB Landscape District Maintenance Servicf!S
Turfmowin" Weeklv
Turf edl!inl! Weeklv
Turftrimminl! * Week Iv
Turf aeration Annually (before July 15 or as directed by
Insoector)
Turf renovation ** Annually (before October 15 or as directed by
Insoector)
Over-seeding Annually (before October 15 or as directed
by Insoector)
Pest control on trees As needed
* With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
** Lawn renovation shall include the following:
\. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Page 3S of19
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City 01 San Berna,dino
RFB Landscape Dist,ict Mai"tenance Services
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7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in
the future within those Landscape Maintenance Districts which are presently unimproved. if any.
will be negotiated with the Contractor at the time of City's acceptance of said improvements.
However. the cost of maintenance shall not exceed the unit price awarded under this contract.
(i.e. same cost for irrigation components as awarded in this contract; turf and/or ground cover
shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and
to maintain the landscaping in a healthy and attractive condition and the irrigation system in a
fully operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as
included in the contract bid prices and no additional compensation will be allowed therefore.
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7-F CONFLICTS In the event that this area is subject to construction of new and/or
expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or
eliminated by this construction. The Contractor shall provide maintenance up to the construction
area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed
by the construction will be by others. Upon restoration, the Contractor shall again be responsible
for maintenance. Areas eliminated by construction of hardscape shall be deducted from the
gross area under the same provisions as provided above for FUTURE WORK.
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7-G AREAS ELlMINA TEDfMODIFIED Any areas permanently or temporarily
eliminated or modified within the maintenance area shall be negotiated with the Contractor under
the same provisions as provided above for FUTURE WORK.
7-8 REPLACEMENT OF TREES AND PLANT MATERIALS, CONTRACTOR
NEGLlENCE - The Contractor will be responsible for replacing trees and plant material due to
over watering, under watering or improper horticultural practices or neglect as determined by the
Inspector at Contractor's cost.
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City "f San B~rna,din"
RFB LandscflfJ~ District Malnt~nanc~ S~rvlcn
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SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC Attention is directed to Section 7-10 "Public
Convenience and Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in perfonnance of work upon highways shall
confonn to the "Manual of Traffic Controls," current edition, published by the State of
California, and the "Work Area Traffic Control Handbook," currenLedition, adopted by the City
of San Bernardino, California.
A minimum of one (I) lane shall be maintained for each direction of traffic at all times,
unless approved otherwise by the Engineer.
Full compensation for furnishing 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.
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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.
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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.
The provisions in this section may be modified or altered if, in the opinion of the Engineer,
public traffic will be better served and work expedited. Said modifications or alterations shall
not be adopted until approved in writing by the Engineer.
S-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the
area. Certain utility facilities in various locations within the project limits may be removed,
relocated, abandoned, or installed by companies' or agencies' contractors.
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City of Son Bernardino
R FfJ 1,.af.ld$c,!pe District Maintenance Services
It is anticipated that these eXlstmg utilities will not interfere with the Contractor's
operations. However, the Contractor shall exercise due care to ensure that these utility facilities
are not damaged during his operations.
Page38 of 79
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City of 511n B~rnllrdino
RFB Lllndscllp~ District .wllint~nllnce 5~"';cn
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The utility locations shown on the original landscaping plans are correct to the best of our
knowledge. When in doubt. the Contractor shall contact the utility concerned before proceeding
further.
Full compensation for conforming to the requirements of this Section, not otherwise
provided for, shall be considered as included in the lump sum prices paid for the work involved
and no additional compensation will be allowed therefore.
8-C REMOVAL OF SIGNS Any unauthorized signs, stakes. posts/poles, political or
otherwise. found within the landscaped areas from time to time shall be considered as trash and
debris and shall be removed by the Contractor.
Full compensation for removal of such items 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.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the
provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
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City of San B~rnardino
R FB Landscap~ District Ma;"t~"anc~ S~rvices
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SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs and maintenance. supply all needed
materials, and perform the work as necessary in accordance with the following:
9-8 The Inspector shall be immediately notified of any damage suspected to be caused by
accident, vandalism, theft. or Act of God in which the actual cost of repairing the damage is over
$25.00 for both labor and materials. Immediate notification of any such damage, prior to start of
work within the area, will serve to indicate the Contractor's belief that it was caused by factors
beyond his control. The City shall review the damage and/or request information from the
Contractor in order to establish the true cause of damage and determine responsibility for repair.
The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
landscape and irrigation not related to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the
following sprinkler system components as needed, for no additional cost. under normal wear
conditions or if the actual cost of repairing any damage is less than or equal to $25.00 for both
labor and materials, or as determined by the Inspector:
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Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Eminers, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi-outlet emission device. tubing. and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation
system components due to his own negligence, including removal of anti theft devices.
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9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by
vandalism, theft or Act of God where the actual cost of repairing any damage is less than or
equal to $25.00 for both labor and materials, shall be classified as Supplemental Items of Work.
Any repairs or replacement not covered by an item of Supplemental Work shall be paid for as
Extra Work. in accordance with Section 6-A, "EXTRA WORK." of these Special Provisions.
Page 40 of 79
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City of San B~rnardino
R F B Landscap~ District Mainl~nance S~rvicn
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Full compensation for repairs to the irrigation system that are less than or equal to $25.00 for
both labor and materials 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.
Any replacement must conform to the type and kind of existing system. unless the use of
anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation
must be approved in writing by the Inspector.
9-F 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 Contractor of his responsibility. In the event of a failure of any
irrigation component that would prevent proper automatic irrigation of the landscaping,
Contractor shall apply irrigation manually until the repair and/or replacement is accomplished.
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9-G In those Landscape Maintenance Districts where an automatic sprinkler system is
installed, the Contractor shall, in the presence of the Inspector, inspect and test the system semi-
monthly, or more often if climatic conditions. the frequent occurrence of vandalism or damage
requires, or at the direction of the Inspector. The Contractor shall inspect the system, for any
damage to the system such as missing, damaged or misdirected sprinkler heads and shall
physically test the operation of the system for any malfunction. The Contractor shall also inspect
the timer controls and adjust the schedule and frequency of operation of the system to ensure
proper operation as needed based on the season, existing weather conditions and horticultural
irrigation needs as set forth below. The Contractor shall maintain all sprinkler systems in such a
way as to ensure proper coverage and full working capacity, and shall make whatever
adjustments which may be necessary to prevent run-off into street right-of-way. or other areas
not meant to be irrigated. Care shall be exercised to prevent a waste of water or to cause erosion.
Irrigation shall be accomplished as follows:
9-G-l Turf, if any, 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 summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to
maintain horticulturally acceptable growth and color, and to encourage deep rooting and
preventing erosion.
9-G-3 Shrub beds, if any, 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 runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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9-G-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
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normal, healthy growth. Proper berms or basins where needed shall be maintained during
the establishment period.
9-8 The entire irrigation system will be inspected and maintained by the Contractor on a daily
basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to
maintain adequate irrigation. Such repairs will be made by the Contractor with same typelbrand
head, or approved equal by the Inspector.
9-1 All other irrigation components will be inspected and maintained by the Contractor on a
weekly basis. This will include laterals, main lines. control valves. control wire, timer/controller
and any other items in the system. If any of the items mentioned in this paragraph are found
to be defective or in need of repair during the weekly inspections. said items shall be
repaired immediately. All materials or parts shall be the same brand or approved equal.
Contractor shall notify the Citv Insoector immediatelv before makin!! anv suchreDairs bv calIin!!
384-51 I I durin!! workin!! hours.
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9-J Replacement of the various types of sprinkler heads shall be accomplished as directed by
the Inspector. New sprinkler heads shall be the same type, size and brand as the one to be
replaced, except for anti-theft or anti-vandalism devices as approved by the Inspector. Except
where the cost of replacement of sprinkler heads shall exceed $25.00, the cost shall be included
in the contractor's base price. In the event that the cost shall exceed $25.00, the unit price paid
for replacing sprinkler heads shall include all items of work (including necessary repairs and/or
replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and at the
price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the
Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be
replaced unless otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in
which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall
apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be
subject to Extra Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK"
shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus
material costs.
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SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as
required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings,
or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp
pruning tools, with 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 Inspector, will not be permitted.
10-8 Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and
Shrub Care" and "Ground Cover Care" of the Landscape Cost Estimating reference and these
Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction
plans and said Special Provisions on file in the office of the City Engineer of the City of San
Bernardino, and/or with the landscaping construction plans for the various subdivisions which
are included within this project, or as otherwise directed by the Inspector and Engineer. All
.- shrubs replaced shall be 5 gallon.
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The unit price paid for replacing shrubs and ground cover shall include all items of work
involved in removing and planting shrubs and ground cover and at the price indicated in the
"SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
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SECTION II
FERTILIZER AND PEST CONTROL AGENTS
II-A Soil fertilizing and pest control agents shall confonn to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
II-B Turf Grass
II-B-I Manure shall not be used as a fertilizer or soil conditioning material.
II-B-2 Fertilization of all turf grass areas within the designated work area shall be
accomplished quarterly with a complete commercial fertilizer in homogeneous pellet
fonn. Guaranteed analysis shall be approved by the Inspector.
II-B-3 Fertilizer shall be packaged in multi-wall paper bags, polyethylene lined for
moisture resistance.
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II-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary
for healthy growth as detennined by the Inspector or based on the results of the soil
testing and at the times sp~cified below (or as otherwise directed by Inspector):
July I
October 15
January IS
April IS
July IS
November I
February I
May 1
II-B-5 Fertilizer shall be applied in granular fonn and shall be moisture-free so as to
obtain optimum spread. NotifY the Insoector 2.) davs before aoolication and submit bag
tal!.
II-C Sbrub Beds, Ground Cover, and Small Tree Fertilization
II-C-t Fertilization of all shrub beds, ground cover areas and all young trees (3"
caliper and smaller) within the designated work area shall be accomplished two (2) times
per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or
equal. Guaranteed analysis shall be approved by the Inspector.
II-C-2 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 I
March IS
October IS
April I
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Il-C-3 Adequate irrigation will immediately follow the application of fertilizer to
force fertilizer material to rest directly on the soil surface.
II-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
I1-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
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SECTION 12
LA WN I TURF
12-A 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.
12-B 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 weight of
the mower. NOTE: A MULCH-MOWING PROGRAM MAY' BE PERMITTED WITH
PRIOR APPROVAL OF INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth. even cut with out tearing; mowers
are to provide a uniform. level cut no higher than two (2) inches. or as otherwise instructed by
the Inspector. but no more than 25% of existing growth to be removed in anyone mowing.
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12-0 Inclement weather may preclude adherence to the frequency schedule of mowing. The
Contractor may request, from the Inspector. for reasons of rain or prolonged cold. alteration of
this mowing frequency.
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12-E 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
Inspector ten (10) days prior to beginning work; renovation shall occur upon thirty (30) days
notice from the Inspector. 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.
12-F Over-seeding shall be done on an annual basis following the fall renovation and prior to
October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with
the Inspector's approval. Steps must be taken during the renovation process to ensure seed to
ground contact. Failure to realize a minimum of 75% germination will require reseeding by the
Contractor at no extra cost to the City.
12-G Turf area shall be aerated 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 turfis suffering from compaction. aerification may be necessary at more frequent
intervals at no additional cost to the City. The frequency intervals shall be as required to
promote healthy vigorous growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten
(10) days prior to beginning work.
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12-H 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
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turf areas. In the event of the mulch-mowing as provided under Section 12-8. all clippings must
be adequately fine-cut and spread as to achieve a neat appearance.
12-1 Any turf to be replaced which suffers any Act of God. vandalism or other destructive
occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused
by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as
supplemental items of work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type
of turf removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing
and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
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SECTION 13
SLOPE / BANK / DRAIN MAINTENANCE
13-A SLOPES -- All Slopes are to be weeded by hand or by using a power weed cutter. All
other plant material located on the slope shall be maintained as stated in these Special Provisions.
All weeds, dead plant materials. debris and trash are to be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY. ARE
DELINEATED ON SAID PLAN(S).
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
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13-C DRAINS - Permanent drainage structures such as gutters, concrete swales and ditches,
catch basins, retention or detention basins, storm drains. inlets or outlets and pipes 12-inches in
diameter or smaller are to be cleaned and kept free of obstructions at all times and are to be
completely cleaned annually before October 151 or as directed by Inspector. The Contractor is
hereby notified that some of the drainage structure maintenance within the individual districts
may require specialized equipment to perform this maintenance requirement; Contractor is
advised to review those drainage areas prior to bid submission.
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SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands,
medians, undeveloped slopes and underdeveloped areas shall be cut to a 2" height and treated
with Round-up or other herbicide as approved by the Inspector, per manufacturer's label on an
"as needed" basis. Said height is for erosion control. 'Said areas are to be maintained as such for
duration of contract. This shall also include weekly trash and litter pick-up.
14-8 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 undesirable or misplaced plant." Weeds shall be controlled either by hand. mechanical,
or chemical methods. The Inspector may restrict the use of chemical weed control in certain
areas. Complete removal of all weed gro\\ith shall be accomplished within each seven (7) days.
This section includes all undesirable gro....th adjacent to curbs, gutters. and sidewalks.
14-C Weed removal in Fuel Modification Thinning Areas shall be performed as specified in
Section 16.
- 14-D For unimproved areas within described limits, ten (10) feet from curb face shall be
'- maintained weed- free by herbicides and manual methods. Herbicides shall be approved by the
City prior to use and only State of California licensed Pest Control Operators shall apply the
Herbicides. Unimproved areas to be maintained are shown on the Plan.
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SECTION 15
TREES
15-A Contractor shall NOT be responsible for the planting, trimming, topping or maintenance
of any tree with a crown height over eight (8) feet tall. Contractor shall be responsible for
skirting any tree to a height of 8-feet as measured from ground level that may overhang any trail,
sidewalk or path and that interferes with the safe and convenient passage of an adult In
addition, Contractor shall be responsible for the removal of any branches. limbs, fronds or other
debris that have fallen to the ground from a tree.
15-8 All trees shall be maintained in their natural shapes. Pruning shall be performed in such a
manner as to promote the best growth habits, appearance, and health of the tree and shall include
a selective and natural approach to pruning of all trees on site, including pest and disease control
and removal of any dead limbs, fronds or branches,
15-C The Contractor shall bring to the attention of the Inspector any tree that shows signs of
root heaving, leaning, girding, abrasion or that have hanging limbs or is in some manner, a safety
hazard. Contractor shall notify the Inspector 48 hours orior to any orunin!!.
15-D Tree removal and replacement due to damage or negligence by the Contractor as a result
of improper chemical application or equipment damage shall be at Contractor's expense.
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SECTION 16
FUEL MODI FICA nON THINNING AREAS
16-A Weed growth in all areas identified as "Fuel Modification Thinning Areas" shall be cut to
a 2" height and treated with Round-up or other herbicide as approved by the Inspector, per
manufacturer's label at least once every three months or on an "as needed" basis as detennined
by the Inspector for the purposes of fire and/or erosion control. This shall be included in the
Basic Maintenance price. Weeding beyond the minimum 4 times per year shall be at the rate as
specified in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE." Trash and debris shall
be picked removed at the time of weeding and is included in the Basic Maintenance price.
Additional debris removal may be required as Extra Work as defined herein.
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SECTION 17
TRAIL SYSTEMS
17-A Trail System. if present. may consist of. but not be limited to. any of the following: I)
Asphalt bicycling/walking trail; 2) Decomposed Granite (D.G) or similar equestrian / walking
trail; 3) Natural equestrian/walking trail; or. 4) as identified by the City Engineer. Maintenance
to be performed as follows:
17-8 Asphalt bicycling/walking trail: Asphalt trails shall be swept using either a mechanical
or vacuum sweeper as aporoved bv the Insoector at least once every three months. In the event
that combined sweeoer/c1eaner is used. the sweeoer shall be capable of recovering all aoolied
waters. Weeds removal shall be the same as specified in Section 14 as for landscaped areas
(complete weed removal) at the same frequency as planter beds. Trash and debris shall be
removed weekly, or as needed. Said maintenance shall be included in the Basic Maintenance
price.
17-C Decomposed Granite or similar equestrian / walking trail: Weeds removal shall be the
same as specified in Section 14 as for landscaped areas (complete weed removal) at the same
frequency as planter beds. Trash, debris and animal droppings shall be removed daily. Said
maintenance shall be included in the Basic Maintenance price.
'-" 17-D Natural equestrian/walking trail: Weeds removal shall be on an "as-needed" basis, but not
less than once every three months (complete weed removal). Trash, debris and animal droppings
shall be removed daily. Said maintenance shall be included in the Basic Maintenance price.
17-E Fences, railings, footings and other appurtenants shall be cleaned at least once every three
months. Fences, railings and footings shall be inspected weekly for any damages or the need for
good repair. Said cleaning, repairs less than $25.00 for both labor and materials, and inspections
shall be included in the Basic Maintenance price. The Inspector shall be immediately notified of
any need for repairs or for damage suspected to be caused by accident, vandalism. theft, or Act
of God in which the actual cost of repairing the damage is over $25.00 for both labor and
materials. Immediate notification of any such damage. prior to start of work within the area, will
serve to indicate the Contractor's belief that it was caused by factors beyond his control. The
City shall review the damage and/or request information from the Contractor in order to establish
the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving fences, railings and footings
not related to his operations.
Any work needed within trail systems not specified herein. shall be performed as Extra Work, as
defined herein.
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