HomeMy WebLinkAbout2008-140
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2008-140
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".
BE IT RESOL VED 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
V endor Service Agreement is awarded accordingly to said bidder in the amount of
$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 "1". 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 Contractor
in the amount of$93,633.88, with a contingency amount of$18,700.
2008-140
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION 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.
III
III
III
III
III
III
III
III
III
III
2008-140
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".
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 2008.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint reglll ::Jr
meeting thereof, held on the 5 th day of May , 2008, by the following
vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
x
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
x
x
~
x
~
X
a~h. ~
-
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this __~ . day of May
~~
Patr' 'k J, Morris, Mayor
City of San Bernardino
20
21
22
23
24
25
26
27
28
Approved as to form:
James F. Penman, City Attorney
EXHIBIT "A"
2008-140
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this .5..th day of May
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 Work/Technical
Specifications RFB "Landscape District Maintenance Services", attached hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
F or 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".
1
EXHIBIT "A"
2008-140
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.
2
EXHIBIT "A"
2008-140
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.
3
EXHIBIT "A"
2008-140
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.
III
III
4
EXHIBIT "A"
2008-140
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 b~ 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.
5
EXHIBIT "A"
2008-140
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! 2-0/ 2008
SERVICE SCAPE
~lc...E:-~;\l~
By:C2~ ^ t -
Its: ..:Jv-.' t-l c:::J. 7'
Dated ~ 7 , 2008
By:
Approved as to Form:
James F. Penman, City Attorney
6
EXHIBIT "A"
~ii~
I .
i Sa I.... i.
City oj San Bernardino
BFB Landscape District Mainttnance Services
BIDDER'S INFORMATION AND SIGNATURE:
2008-140
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
AprHb-2008: except as previously noted. and shall continue in a good and workmanlike manner for the
tenn of the contract.
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 City of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor.
LICENSE NO.: E)55~~~-+CLASSIFICATION: C - 21
EXPIRATION DATE: 5 -3' -o~
FIRM NAME: C~ t-:;:~-V'~~--E' - C::C---x'.D.~e.
BUSINESS ADDRESS: :=; I \ \r;' c.::...c~c:, t-1 ~C'_~ {> v-~ \
bL T6.. Lc~t~ CD. :.:; L (. "3>"(
I
BUSINESS PHONE: ~~. e 1C~ L - l c' 4-S
FAX: 5C <3 [-:..t~:-a. - J-:>.~_~Z2-
CELL PHONE: ~. S\ ~A r":> . l \ z-S
If an individual, so state. If a finn or co-partnership, so state and give the names of all individuals, co-
partners composing the finn. If a corporation, so state and give the names of the president. secretary,
treasurer and manager thereof:
Is Bidder currently a certified DBE? Yes CJ No X
Legal Status of Firm ~C"" \~ P\?-'=~.~F
NAME (S) ADDRESS (ES)
\2'- :n.~Jit---\DE..t-l ~"I'~. ~'\,C~~~_("..{:> ~T
__~L-~ L.-,ij(~/" C.,-' .c:)l,-S'-l
I
YAt-7 ') ~f'7P:-SS /I,,"",t.- S V .--==t7--t=---t.. ~--
~~~ (2.t=:\?'~~-i-Jll---.L(~ 0~ ')Z.40.
SIGNATURE OF BIDDERD_-=t-:l.----L ·
Date Signed: ~.- \'-' - cf.'~,
Page 63 of 79
" .,;f'A/~.,'
. i
H
~.-t t-
EXHIBIT "A"
2008-140
i ~u Kl'ru 181
City of San Bernardino
RFB 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, 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-1. Scheduling of Work -- The Contractor shall accomplish all nonnallandscape
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 perfonn
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
EXHIBIT "A"
2008-140
!iI
City of San Bernardino
RFB Landscape District l~faintenance 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 \'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 FREQUENCY PERFORMED
Pick up of trash and debris - Weekly or as needed. .l\'ote: Areas adjacent to
high pedestrian traffic may require more
frequent pickup of trash as determined by the
inspector.
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 Inspector)
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. Quarterl y
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 incl uding
hardscape, sidewalks and expansion joints not
defined as slopes.
Raking beds; removal of leaves, pine needles, Weekly
etc.
Shrub/planter bed edging Semi-monthly
Sweeping/Blowing Walks (after mowing and \Veekly
edging)
Washing walks/Median Hardscape Monthly
Drainage structures such as gutters, concrete Annually before October 1 st or as directed by
swales and ditches, catch basins, retention or . Inspector.
detention basins, stonn drains, inlets or outlets
and pipes 6-inches in diameter or larger.
Spraying pre-emergent Quarterl y
Spraying for weeds As needed
Page 34 of 79
EXHIBIT "A"
2008-140
:2;
!!!I
City of San Bernardino
RFB Landscape District Maintenance Services
Turf mowing Weekly
Turf edging W eekl y
Turf trimming * Weekly
Turf aeration Annually (before July 15 or as directed by
Inspector)
Turf renovation * * Annually (before October IS or as directed by
Inspector)
Over-seeding Annually (before October 15 or as directed
bv 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:
1. 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 of79
EXHIBIT "A"
2008-140
iI
City of San Bernardino
RFB Landscape District Maintenance Services
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 ELIMINA TEDIMODIFIED 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 of 79 ,
EXHIBIT "A"
. 2008-140
!I
City of San Bernardino
RFB Landscape District Maintenance Services
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINT AININ G 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 (1) 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.
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 COLLATE~.\L 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.
Page 37 of 79
Sal Krru III
City of San Bernardino
RFB Landscape District ~faintenance Services
EXHIBIT "A"
2008-140
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 of 79
Sill Krru il'
City of San Bernardino
RFB Landscape District ,Waintenance Services
EXHIBIT "A"
2008-140
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 w'ithin 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 \vill be allowed
therefore.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the
provisions in Section 7-B.l, "Cleanup and Dust Control" of the Standard Specifications.
Page 39 of 79
EXHIBIT "A"
2008-140
i Sa. Krm ill
City of San Bernardino
RFB Landscape District Maintenance Services
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-B 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:
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.
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
,~I Krl'u 110
City of San Bernardino
RFB Landscape District lt1aintenance Services
EXHIBIT "A"
2008-140
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\Nork 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 follo\vs:
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 nlaIU1er as to keep surface runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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
EXHIBIT "A"
2008-140 ~
Sa. Kl'rurdillll
City of San Bernardino
RFB Landscape District JUaintenance Services
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 City Inspector immediatelv before makin~ any such repairs by calling
384-5111 during \vorking hours.
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.
Page 42 of79
Sil Kl'ru illl
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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 of79
EXHIBIT "A"
2008-140
ii
City of San Bernardino
RFB Landscape District Maintenance Services
SECTION II
FERTILIZER AND PEST CONTROL AGENTS
ll-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.
I1-B Turf Grass
II-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.
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):
J ul Y 1
October 15
January 15
April 15
July 15
November 1
February 1
May 1
I1-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to
obtain optimum spread. Notify the Inspector 2-3 days before application and submit bag
tag.
ll-C Shrub Beds, Ground Cover, and Small Tree Fertilization
ll-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~ 1 0-4 or
equal. Guaranteed analysis shall be approved by the Inspector.
ll-C-2 Fertilizer shall be applied at the rate specifiedon the package for type of plant
material. Fertilizer shall be applied at the times specified below:-
October 1
March 15
Octo ber 1 5
April 1
Page 44 of 79
Sa. RI'I1I i.1
City of San Bernardino
RFB Landscape District.~aintenance Services
EXHIBIT "A"
2008-140
ll-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.
l1-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
Page 45 of 79
EXHIBIT "A"
2008-140 i
I
I
i \iil RI'I'II 110
City of San Bernardino
R F B Landscape District Maintenance Services
SECTION 12
LA WN / 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 la\\-TI areas included in this contract shall be mowed \vith 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; mo\\-'ers
are to provide a uniform. level cut no higher than two (2) inches, or as otherwise instructed by
the Inspector, but no more than 250/0 of existing gro\\-1h to be removed in anyone mow.ing.
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
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 750/0 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 gro\\1h 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.
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
Su Kf'fU II'
City of San Bernardino
RFB Landscape District ~Iaintenance Services
EXHIBIT "A"
2008-140
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
Sill Krru ilG
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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).
13-8 All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
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 1 st 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
~i1. "I'm i.8
City 0/ San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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 \vells, 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\\t1h shall be accomplished within each seven (7) days.
This section includes all undesirable gro\\1h 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
S~I Krru il.
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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-B All trees shall be maintained in their natural shapes. Pruning shall be perfonned 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 any 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 50 of79
Sal Krru III
City of San Bernardino
RFB Landscape District Maintenance Services
,EXHIBIT "A"
2008-140
SECTION 16
FUEL MODIFICATION 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 of 79
.EXHIBIT "A"
2008-140
MIl
City of San Bernardino
RFB Landscape District JWaintenance 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-B Asphalt bicycling/walking trail: Asphalt trails shall be swept using either a mechanical
or vacuum sweeper as approved by the Inspector at least once every three months. In the event
that combined s\veeper/c1eaner is used, the s\veeper shall be capable of recovering 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
pnce.
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 \\reed 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 e.stablish
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 systemsnot specified herein. shall be performed as Extra Work, as
defined herein.
Page 52 of 79
:::tJ
);
r-
d
o
o
r-
d
<
@"?(]1
_0 ~ r+
> = -)>::r
o r+ 0
.. Oi:! (/)
l,; :+ )>
> < ~
o <1l ;;
[llJ.,:, -' Ii[
~l
'/ 11~ ~
, ~~ t
~ ~
t IL!J
t I
l ;
f ~ ~ ~ i >~ ,
~ r --i J!!C~ ~; · m~. ii'
!!.l , N......' ~ ~ I
>0 I.. / _ '" I _ _ ! i" ~ ~ , "'- ~
. ! ~: ~~ f~~, ~t: e ~r . ~;~ ~~~~rrn
mY' - i!1-r- ~ "- ~~~> . ~" .~~~ f]~.. -,
-:;: ~ ~ ." E~ - ~ rF.. ~.. '~~) ~.~ 19. .. df T 00'
- :: - il - {fflh R · ~ If! ,~m I ~
filll .. 1\ ~ ~."I:" 'aLm ~~, :-= 3J i I lir--,
!. ~r~.. ~. ~ ,... 'I J
· · ~ II' III 'T.... n- .. ~ _ " I.. >
' LIL · ~" " I r..40>:" _ .. ~
~.\.~~ I'll I J ~ ~~T I~ II=~~,' ~
~~I~ -= ~r- -~ I-- 11
I . ~I ~ ;I -- ... ] ~j , E;
J ~ - "..
· I ,-;- ~ ". Fo- -.... -. rt
> ~ ~ ~
~i 11 f - I!... I ,II Wlln ~ ~!J-~ ~~ :: tl I _ '" _
; t: 1 i i~:-_ ii;;~~~[~ 3rrmi Iti*~ ,.. -" ~ IL~~
"'O:='" i ~f!L11- .. I J"~ - - ~ '-"WI ...."" I II ~
~ ~ ,-t]_,~ _ _ J _".-,
~~~'. j,Jfi.-:"'-' U~ \ -':"-' ~_:: . I;:
~, ., [lJJ.lfI1 - - rJr' -r ..,C1 ·
!;; c.~.....~ .. ; -~ ' ~. I _ !1~.1
~~ ~ -W ~~
tJ ~ TIT ~ Ii 0' Lt- ~\ ~~~ :-.
:b ~ ~;~ ~ ~ ~ , ;~g I
~ .. 1/ ~ , II
.ot t I [j}' Ii! ~ ~ i
> tT1r")
~ <~
\I~ tIj ~
eV~ ~ s ~
~.J. td C ~ 0
rJ1 >to~
~ ~~tr:1Z~
~ ~n~oo
trj ~~~>
~ ~OtIj~
~ tIj?O~..
~ ~~n~
~ ~tjtIj~
~ t"r1=2r.n~
rl"\ n ~ tj ~
\I~ ~ r.n t"r1 ~
"""1 ~ ~O ~ 0 ~ ~
gm ~ n I' C c~ ~
; '~'!!! H f ~ z; "d
f t ~ I~ ~il! ~~ ~ ~
.. i ! ~~ :i 3: If"It\ ~
'- · .;; : \ .1 Z 0
I Dill~ll f~ il~ ~
>
o
'"
CD
:::0
III
tJ
r-
:b
6
C/)
--ill@)
I
I~m i i
L!J~ ~ ~ ~8
0-)> ~.~. S! "en
inS; 0 .... CS
;l~ ~ s ~ " ~~
0< m. CSJooU
-t~ ~ ~ ~ . ~
~ C!! ~ ~ ~ (I)
"~I~I'? ~ ..
~ ~ ~ "
~ ~II~ I
I
I JiI!Ej ~
.
I
I
D
: I ~
: (0\ S (I ~
:\::Y ~~
)> 0 ~I~
" 0 N~/
~ ~ ~~
c: ...
z )>
g "
~ ~
I I
~
o
~
~ 0--...,
~-~
'--
x:
o ~
\
>
o
~
[rn
'"g:
.\:....
i~~
-
l.J
2008-140
EXHIBIT "B"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this ..5..t.b day of May
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
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 Work/Technical
Specifications RFB "Landscape District Maintenance Services", attached hereto and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
F or 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", "0", "H" and "I".
1
EXHIBIT "A"
2008-140
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.
2
EXHIBIT "A"
2008-140
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.
3
EXHIBIT "A"
2008-140
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:
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
III
4
EXHIBIT "A"
2008-140
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.
5
EXHIBIT "A"
2008-140
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 't ,--)..'I,-~);{ , 2008
GOLDEN WEST LANDSCAPE CONTRACTOR
By: /?'L~- )/~
Its: [) to kJ ~
Dated ~ 7 , 2008
By:
Approved as to Form:
James F. Penman, City Attorney
6
EXHIBIT "A"
iii
I -
i~IHU i.
City of San Bernardino
BFB Landscape District ,Waintenance Services
BIDDER'S INFORMATION AND SIGNATURE:
2008-140
It is the understanding of the undersigned that the work hereinabove described shall be commenced on.
-ADril-t--2068, except as previously noted. and shall continue in a good and workmanlike manner for the
term of the contract.
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 Cit)' of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor.
LICENSE NO.: S q 7//7
b -~() -n~
CLASSIFICATION: c." 7
EXPIRATION DATE:
FIRM NAME:
w lr~ t: L b ~ 1b ~ C. ~p (-.f c:.:c ~r(L ~ ~-rOR..
\(:..e e.~ ~l.
h~ ~ D (-1~
BUSINESS ADDRESS: ,. \ bO
s ~ \-.) ~ ~ ~ \oJ b (LJ.) I \..JC ~. cr'- 4br
BUSINESS PHONE: tfD9 k!s'7 b 2. G S
FAX: QCA) ~k'7 OV q3
CELL PHONE: rrfl) 771 60 S" Cf
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)
ADDRE5S (ES)
~I &~ ~~)-J S7: SAf-J '~U~U)t~a
--\J \... ~ C-L~O "-f'~DOII J~
SIGNATURE OF BIDDER:
~
,
~
Date Signed:
/5- I 7 - IJ II
Page 63 of 79
! l J ;,.,... J I I j
,I.{ ,.,_
i Xal Krrur i.1
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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 \-vith 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 otheIVIise
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-l. 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 \\-'riting, to the Inspector immediately.
Page 33 of79
EXHIBIT "A"
2008-140
!ii
City of 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 FREQUENCY PERFORMED
Pick up of trash and debris - Weekly or as needed. .1Vote: Areas adjacent to
high pedestrian traffic may require more
frequent pickup of trash as determined by the
inspector.
Complete Irrigation T estand 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 Inspector)
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. Quarter! y
Weeding of Slopes all debris to be removed - tvlonthly
(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 edging Semi-monthly
Sweeping/Blowing Walks (after mowing and Weekly
edging)
Washing walks/Median Hardscape Monthly
Drainage structures. such as gutters, concre~e Annually before October I st 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.
S praying pre-emergent Quarter! y
Spraying for weeds As needed
Page 34 of 79
Su Hrru il'
City of San Bernardino
RFB Landscape District ,Waintenance Services
EXHIBIT "A"
2008-140
Turf mowing Weeklv
Turf edging Weekly
Turf trimming * Weekly
Turf aeration Annually (before July 15 or as directed by
Inspector)
Turf renovation * * Annually (before October 15 or as directed by
I 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:
1. 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 of79
EXHIBIT "A"
2008-140
~
!!I!
City of San Bernardino
RFB Landscape District Maintenance Services
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in
the future within those Landscape Maintenance Districts \vhich 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 \Nith the Contractor under
the same provisions as provided above for FUTURE WORK.
7-H 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
EXHIBIT "A"
. 2008-140
ii
City of San Bernardino
RFB Landscape District Maintenance Services
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 (1) 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.
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 \-\forking 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.
Page 37 of79
EXHIBIT "A"
2008-140
11~1 Krra i.1
City of San Bernardino
RFB Landscape District A-faintenance 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
Sal Kma i..
City of San Bernardino
RFB Landscape District .Waintenance Services
EXHIBIT "A"
2008-140
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 are'as 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-B.1, "Cleanup and Dust Control" of the Standard Specifications.
Page 39 of 79
[ Sa. Hl'l1a II'
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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-B 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:
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.
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
Sal H!'rIa 110
City of San Bernardino
RFB Landscape District IWaintenance Services
EXHIBIT "A"
2008-140
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 \V'ork involved and no additional compensation \vill 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 pron10te.deep rooting. Irrigation rates for shrub areas
shall be applied in such a maMer as to keep surface runoff at a minimum. The irrigation
rate shall be adjusted to the needs of shrub types, seasons and weather conditions.
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
EXHIBIT "A"
2008-140
~
~. Kl'runlilul
City of San Bernardino
RFB Landscape District ~laintenance Services
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 City Inspector immediately before making any such repairs by calling
384-5111 during working hours.
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 othenvise approved by the Engineer.
The City may, at its option, proyide 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.
Page 42 of79
Sit H"rIa il.
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
. 2008-140
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
EXHIBIT "A"
2008-140
ii
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 conform to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
II-B Turf Grass
II-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.
II-B-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):
J ul y 1
October 15
January 15
April 15
July 15
N ovem ber 1
February 1
May I
II-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to
obtain optimum spread. Notifv the Inspector 2-3 days before apolication and submit bag
tag.
ll-C Shrub Beds, Ground Cover, and Small Tree Fertilization
ll-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.
ll-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:
Octo ber 1
March 15
October 15
April 1
Page 44 of 79
: Sa. Kl'raa i.1
City of San Bernardino
R FB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
II-C-3 Adequate irrigation will immediately follow the application of fertilizer to
force fertilizer material to rest directly on the soil surface.
I1-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
l1-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
Page 45 of 79
\al Kl'rn 110
City of San Bernardino
R F B Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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 \vith 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 gro\\1h to be removed in anyone mo\ving.
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
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 750/0 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.
12-8 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 of 79
~u Rl'm ilo
City of San Bernardino
RFB Landscape District ~Iaintenance Services
EXHIBIT "A"
2008-140
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 of 79
i ~. Krm il'
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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.
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 15t 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
EXHIBIT "A"
2008-140
'!I~
I .. . ~
I ~.. Hl'IIl in I
City of 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 gro\\i1h shall be accomplished within each seven (7) days.
This section includes all undesirable gro\\1h 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
Sa. Rrru il8
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
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 \vith 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 atree.
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 any 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 50 of79
! Sa. Kl'ra 110
City of San Bernardino
RFB Landscape District Maintenance Services
EXHIBIT "A"
2008-140
SECTION 16
FUEL MODIFICATION 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 nlonths 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 1 of 79
EXHIBIT "A"
2008-140
i~
!!'!!I
City of San Bernardino
RFB Landscape District iWaintenance 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 using either a mechanical
or vacuum sweeper as approved by the Inspector at least once every three months. In the event
that combined sweeper/cleaner is used. the sweeper shall be capable of recovering 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.
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.
Page 52 of 79
::0
);
\-
d
)>
c
ti
rR\ ~~:\ :',
~ ~ t ~ g ~ .T r rr\.
rr ~ ~ i ITr ~ -i. ~, ~~. ~ ~ W":Il'
~ · w ~}
~ .,' )> [I ~ / " ,~-::'~ ~ I;; S~ ''''"
~ ~ L.t f'L - -, -I ,..;:.. L ~ ; ',,- · " ........raJ
· > N r lYI~~ ~ "GQ~ ~V'n-::~ ~~ ,~j~~' ~ i
· ~ ~ "';; ~ ~ I 1Di ~ t;ln e OJ /Oo')l! ~. l'1l~1'tl, I:...:. '
mY. ~~-:;: l:v L-, ~LY ~ L!J", _--,
.!OtO en ~tf_.L "~~v~~~ ~.~.:. , ., · D~~'~
-;: ~~. ~ '""" Hi" I "" ~f1~,..~ ,', ., ,I ; ~~ \AX
.. n ~ ~ : ,~, 1:11'! ""'. rrJ''''~'' ~ ~
111tt,. ~ D ., J! dL'^1IIj ~ ~~
rffiJ K J "N> ' '-::I " ~
~;II ~ 'T T~. . ~ _""",, 'I
..11 ~ = , ._ ;; I ,~" >
~.\,~ '" c-. i....~;;! ~R ~:~~: ~ _~. ~ ]i
~ · " iooI:U'" .- i-"j >
~ An!.il 1>- ~r .. """', !.-= "
.... .. J ".;- DL .. ~ """ I "'t-~~ ~ t-o
ill f1 Il- ~ ~.... ;;te=J --/
~~ 1;] [~TI~ lTTIl~ -4 ! -J~
~ i.c "'::g; ~""::I' :lr. I ~ ~
.. 11 1; ......m tr~ E ~ ~".. IlI"r= "WI~:r .... 00 C I~
~~ .. is I.. r j;~~r "II U I- _ r;n:: ...- ~
· p ,;:, 1- c:", a ~ ... E _ ~ ,..,
, - r _ .[ Ii 1'~1I1- "'\. _ ~ .-. I ~
- - ~ ~ """" ,.... I ~
~~~. I '~rmlJ( TLL.~- ~ =f~ -=~:- ev-.
~ Q~; :t~,~ I ~W +;i :;.,. []' II ~ ~T.:I~~'
~ ~ ~ - '0: l't;\ , 1m IiIZT I " ,
~. 'I " n ... 8B" 1
~ )>~. ~
~ It Jr. _ ! \' i
-~@
()
o
r-
d
<
'll~>>
~ .: j
c I
I ~
!
::0
111
tJ
r-
:Do
2:
tJ
C/)
wOO J J
~ ~ ~ I? I?
~~ ~ ~ ~
...~ ~ ~ ~
i ~ 1& I~
z ;:, s
~ ~ ~
I
-~& en
~ - C)
sO)
"--
'" (J)
~ . .
~
>
00.
00.
~
00-
rJ1
~
~
~
~
~
~
00.
or-I" r- ~
:;!om ::00 ::,.~~; aJ :1 ~
- ":1 ~ Cfa ~! I; ~
:a i' 0' a;=. aD If At
:l" ~ ~ ~~ ~ll~i
~ ~ ~ ~g;r- ~
i ! ~~ ~:i :: (')
~ .. a ~ 3-
: ~ ::s. g. ~
:> ~ ;: :> !; ~
I OilllfllO i 100
.
.
I
a
u
iC8J
!ll
o
~
~ (I ~
~~
~ g ~ ==zf)
~ j ~ =ij=;
~ ~ ~/
o Jo
Jo ::II
~ g;!
If,
~ ---....,
~-~
z
II.
,
)>
C
to
Cl
~
:":1:
1:'"
~I ~l
~r_~
-
L
~~
<~
tI1~
5~
~;:g~O
>~~
rrtI1Z~
~~
Idn~cn
O~[JJ>
~O~~
~?O<c:;
~~nt'PJ
cng~~
~St1~
~[JJtI1~
~~~~
~~
~~
~