HomeMy WebLinkAbout1983-010
RESOLUTION NO. 83-10
1
RESOLUTION OF THE CITY OF SAN BERNAROINO AWAROING A CONTRACT TO
2 TIOE ANO TURF LANOSCAPE FOR MAINTENANCE OF LANOSCAPING ON PORTIONS OF KENOALL
ORIVE IN ASSESSMENT OISTRICT NO. 951.
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO AS FOLLOWS:
S
SECTION 1. It has been determined that Tide and Turf Landscape is
6 the lowest responsible bidder for performance of a public project, to wit:
7 Maintenance of landscaping on portions of Kendall Drive and Kendall Way, in
8 Assessment District No. 951, in accordance with Plan No. 6192-A, for the
9 total amount of $4,881.00; that a contract should be awarded accordingly, but
10 such award will be effective only upon the contract being fully signed; that
11 all other bids therefor are hereby rejected; and that authorization be given
12 to execute said contract, a copy of which is attached hereto marked Exhibit
13 "A" and incorporated herein by reference as fully as though set forth at
14 1 ength.
]S
SECTION 2. The contract shall not take effect until fully signed
16 and executed by both parties, and shall automatically terminate on June 30,
17 1983. The City shall not be obligated hereunder unless and until the contract
J8 is fully executed and no oral agreement relating thereto shall be implied or
J9 authorized.
20 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
21 the Mayor and Common Council of the City of San Bernardino at a reqular
22
meeting thereof, held on the 17th day of January
, 1983, by the
23 followin9 vote, to-wit:
24
AYES:
Co unci 1 Members Castaneda. Reilly, Hernandez,
2S
Ilarks, Guiel, Ho~bs, strickler
26
NAYS:
ABSENT:
None
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None
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~~~Ab
/ City Clerk
The foregoing resolution is hereby approved this ~9'~
January
, 1983.
Approved as to form:
~#)~..~~
ity Att rney
day of
rnardino
- 2 -
elroy, CLt~l\
f{S-//)
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT No. 951
CONTRACT DOCUMENTS
PLAN AND SPECIAL PROVISIONS NO. 6192-A
FOR
THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE
BETWEEN
THE SAN BERNARDINO COUNTY FLOOD CONTROL'S DEVILS CANYON
DIVERSION CHANNEL AND A POINT APPROXIMATELY 1100 FEET
SOUTHEASTERLY OF PALM AVENUE AND IN PORTIONS OF KENDALL
WAY BETWEEN SURREY LANE AND BUCKBOARD DRIVE
.
SAN BERNARDINO, CALIFORNIA
DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
NOVEMBER , 19B2
BIDS WILL BE RECEIVED UP TO THE HOUR OF
2:00 P.M. ON JANUARY 4, 1983
~ ,/
E:xHIBlr ~
Engineer's Estimate $10,400
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or
proposals for:
The maintenance of landscaping and related facilities
in portions of Kendall Drive between the San Bernardino
County Flood Control's Devils Canyon Diversion Channel
and a point approximately 1100 feet Southeasterly of
Palm Avenue and in portions of Kendall Way between Surrey
Lane and Buckboard Drive, in the City of San Bernardino.
Deliver all bids to the City Engineer's Office, Room 405, City Hall, 300 N.
"0" Street, San Bernardino, California, with the specification title and
number clearly marked on the outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 p.m. on
January 4 , 1983, at which time all of said bids or proposals
will be publicly opened, examined and declared in the City Engineer's Con-
ference Room, 405P.
No bid will be received unless it is made on a proposal form furnished by.
the City. All bids or proposals shall be signed, sealed and accompanied by
cash, cashier's check, certified check or bid bond made payable to the City
of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash,
check or bond shall be given as a guarantee that the bidder will enter into
the contract, if his bid is approved by the Mayor and Common Council and the
Mayor is authorized to execute the contract. In the event the bidder re-
fuses to execute said contract, the use by the public of the improvements
will be delayed, and the public will suffer great damage. From the nature
of the case, it would be extremely difficult and impractical to fix said
amount of damage. Therefore, the City and the bidder agree that the above
sum of 10% shall be paid to the City upon the condition above set forth as
liquidated damages and not as a forfeiture. All bonds furnished pursuant
to this notice must be underwritten by a surety company having a rating in
Best's most recent Insurance Guide of "A" or better.
Action by the Mayor and Common Council in approving a bid proposal and
authorizing the Mayor to execute a contract shall be deemed to obligate the
bidder to proceed in accordance with the bid bond to execute the contract
and provide required documentation (e.g., insurance policies and performance
bond) to the City. No work shall be undertaken toward the completion of
the contract, nor subcontracts entered into, until the contract has been
fully executed by both the Contractor and the City.
The Contractor will be required to adhere to the Federal Minimum Wage for
payment for per diem wages for each workman needed in execution of this
contract under the jurisdiction of the Mayor and Common Council of the City
of San Bernardino.
It shall be mandatory upon the contractor to whom the contract is awarded
and upon any sub-contractor under him to pay not less than said specified
rates to all laborers, workmen, and mechanics employed by them in the execu-
tion of the contract, and to prevent discrimination in the employment of
persons because of race, creed, color, .nationa1 origin, sex, age, or marital
status.
The Contract is anticipated to be approved at the Council Meeting scheduled
for January 17 , 1983 and will continue in effect until and
with an automatic termination date of~ June 30, 1983 . ~
The City of San Bernardino reserves the right
No bidder may.withdraw his bid within 30
of the bid opening.
Specifications may be obtained from the City Engineer's Office, Room 405,
City Hall, 300 North "0" Street, San Bernardino, California 92418, upon a
non-refundable payment of $2.00 for each set.
to reject any and all bids.
calendar days from the date
Plans are available for review by the bidder by contacting either the City
Engineer's Office, Room 405 or the Director of Park and Recreation, Room 580,
City Hall, 300 North "0" Street, San Bernardino, California, 92418.
CITY OF SAN BERNARDINO
.m?/~~
ClAR , City Clerk
NOTtr'r: 'I' () '., ,,,.. ' I ~
_ \Jf_ . ""'U'"i-i\i .....:.~
SPECIFICt.rON r,o.,~J~,f:-:lL.~_______~~___~
SHALL (,Ph!,il ,;; ;~.R;;, iJ~UE :WT LATER THAN,
DA TE,D~et,.__,.~~..__1~~~,..&~..Pgl;.~~~1.Q.~~J,~B2.~~
SECmW PUSUCt,iiON ['Iv" DAYS LATER
SIGNATURE~~______________~______.~,~~~.~ ~DA TE. .~~__.~~~
PROPOSAL FORM
TO THE MAYOR ANO COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the
location of the proposed work and read the accompanying in-
structions to bidders and hereby proposes to furnish any and
all required labor, materials, transportation and service for
the maintenance of landscaping and related facilities in
portions of Kendall Drive between the San Bernardino County
Flood Control's Devils Canyon Diversion Channel and a point
approximately 1100 feet Southeasterly of Palm Avenue and in
ortions of Kendall Wa between Surre Lane and Buckboard
rWE!, in the ity of San Bernardino
in strict conformity with Special Provisions No. 6192-A, City
of San Bernardino Department of Public Works, and also in
accordance with Standard Specifications for Public Works
Construction, 1979 Edition and "Landscape Cost Estimating,"
by Colton, 1981 Edition. Undersigned proposes and agrees if
this proposal is accepted, that he will contract with the
City of San Bernardino, in the form of the copy of the contract
annexed hereto, to provide all necessary machinery, tools,
apparatus and other means of maintenance, and to do all the
work and furnish all the materials specified in the contract,
in the manner and time therein prescribed, and that he will
take in full payment therefor the following unit prices or
lump sum prices, to-wit:
PLAN NO. 6l92-A
ITEM QUANTITY UNIT
1. 1 L.S.
(12,160 sq.ft.t)
DESCRIPTION OF ITEMS WITH UNIT
UNIT PRICE WRITTEN IN WORDS PRICE TOTAL
Zone 1
Lawns shall be mowed, edged, L.S. 4 le'J~.oo
fertilized, renovated,aerified
and maintained in a healthy
growing condition free from
weeds, pests, fungus and any
foreign matter as outlined
in the attached specifica-
tions at e lump sum pric
of tl (
TOTAL BID ZONE 1 ~6. 00
////////////////////////////////////////////////////////////////////////////////////////////
Zone 2
Unimproved areas shall be disced, L.S.
scraped or treated so as to
eliminate ~ll standing weeds
and be maintained free of any
debris or trash as outlined in
the attached specifications at
th lump sum pric~ of
1.
1
(135,588sq.ft.t)
L.S.
TOTAL BID ZONE 2 ~'l..1edp.oo
TOTAL BID ZONES 1 & 2
The unit price must be written in words and also shown in figures. The total price
must be extended for each item of work and the total of all items inserted in the
space provided.
The contract will be awarded only for the total aggregate bid for all zones.
An estimate of the square footage involved in each item has been included for the
contractors information only and the price bid will be for the lump sum unit price.
In case of a discrepancy between words and figures, the words shall
prevail.
It is the understanding of the undersigned that the work hereinabove
described shall be conunenced within 10 days from the date of
the "Notice to Proceed,"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 Guarantee accompanying this proposal
shall be paid to the City of San Bernardino as liquidated damages.
FIRM NAME: JIbe. ~ -rUI.I=- t.A#Jh~~1;.
BUSINESS ADDRESS: p.O. S;b)( 4-(, I 1'2,0 uJ. VI"'~) it.WLAf..lb~CA.
SIGNATURE OF BIDDER: h~-J- UI +-
If an individual, so state. If a firm or co-partnership, state the
firm name and give the names of all individuals, co-partners compo-
sing the firm. If a corporation, state legal name of the corporation,
also the names of the president, secretary, treasurer and manager
thereof.
_-t obb A. 6MnH
~1a;.L J. ea,UV"t:.JJ
1~4-4 71...1
Telephone No. ('114-l1q'2.' tJk>4-
Dated ~A.-u "Z..
,19~
DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of Section 4100-4108 of the Government Code of
the State of California, and any amendments thereof, each bidder shall set forth
below the name and location of each sub-contractor who will ~perform work or labor
or render service to the contractor.
TRADE
SUB-CONTRACTOR
ADDRESS
CERTI FICATION
1 am aware of. will comply with, Section 3700 of the
Labor Code. requiring every employer to insured against
liability for Workers' Compensation or to undertake self-
insurance before commencing any of the work.
Contractor
NAME OF FIRM: ..::hbE-1 -",flU::' L..A-I..ll:'~.~ MAI"'lliH~~~/n.
BY: ~u1 J. (a~1J
T IT L E : tAl - Cl uJ I>J IUz..-
OATE :
, ) A-1...1 . 'l. I l1 €I';
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Bond# L05-072053
BALBOA INSURANCE COMPANY
620 Newport Center Drive, Newport Beach, CA 92660
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS,
That we.
Tide & Turf Landscape Maintenance Co.
as Principal. and the BALBOA INSURANCE COMPANY, a corporation under the laws of the State of California, as Surety.
are held and firmly bound unto
City of San Bernardino
in the full and just sum of
~u~ not to exceed
six hundred & 00/100 dollars
(hereinafter called the obligee)
($600.00)
for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or sue.
cessors, jointly and severally, firmly by these presents,
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
Bid date 1-4-83
Maintenance of Landscaping-Assessment District #951.
NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of
the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said
contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect.
1
Signed and Sealed th is
4th
, 19JU.....
day of January
Tide & Turf Landscape Maintenance Co
Principal
.,5ILi2:.'^"
Attorney-In-Fact
- A.E. Lee
LOOt R281
,
~
v~~_. ~~~~~~~
~~:.w-~~!..::&r~.._.......,~~~~-~-..r-
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE. NEWPORT BEACH, CALIFORNIA 92660
GENERAL POWER OF ATTORNEV
GPA
POWER OF ATTORNEY VAllO
ONLY IF NUMBERED IN Reo
660!1
KIIUW All Mcn hy Tht'SI: PreSt'lIls, That BALDOA INSURANCE COMPANY, a corporation duly organiud and existing
under the laws of the State of Californi:l, and having its principal office in Newport Beach, Orange County. California, dues by
these presents make, constitute and appoint
A. E, LEE
of San Bernardino and Stale of California its true and lawful Attorneytsl.ill-Facl, with full
power and :lUthority hereby confeorreJ in its name, place and Slead. to execute, acknowledge and deliver_
CONTRACT BONOS (S.B.A. Guarantee Aqreementl - MAXIMUM PENALTY $350.000.00
OTHER CONTRACT BONOS - MAXIMUM PENALTY $250.000,00
ALL OTHER BONOS - MAXIMUM PENALTY $50.000,00
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31. 1983"
and to bind the Company thereby as fully and to the sante extent as if such bunds were signed by the PresiJl'nt. S<:ilkd with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conlirming Jll Ihat the said
Altorney(s)-in-Fact may do in the premises, Said appointment is made under and by authority of the following rl'slllutioll aJupted
by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 19'6~.
"Be II Resolved, that the President, any Vice.President, any Secretary or any Assistant Secretary shall he and is hereby
vested with full power and authority to appoint anyone or more suitable persons as Attorney(s).in-Fact to reprcst:nt and a.:t lor
and on behalf of the Company subject to the following provisions:
"Section 1. Attorney-ill-Fact. Attorney.in.Fact may be given full power and authority for and in the name III and <.In
behalf of the Company. to execute, acknowledge and deliver, any and aU bonds, recognizances, contracts, agreements of indemnity
and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's
liability thereunder, and any such instruments so executed by any such Attorney-In-Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary:-
Ex~c:ut;ve
13th day of
~~
State of California t SS.:
County of Orange ~
On this 13th , A.D., 19~: before me personally came
Wi 11 i am Pa 1 outt , to me known, who, being by me duly sworn, did depose and say,
that he resides in Mission Vieio. Ca1 Horn;a that he is
F'vPl":ntivp Vil":p Prpc;irlpnt of BALBOA INSURANCE COMPANY, the company described in and which
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such ..:orpvrate
,..I: ,h.t H w" '0 am..d by 0"" of th, Bwd of Dh,ClO<' of "Id Comp.ny: .nd th:, h, ,ion" hl~. !hoc"" by lik'. l'rder.
... "'."",...... _~~dt ~.J..,_u/I'~ )
. . GRACIA K. LINDEN '/ !Vorary Puhl1('
.. . "Dr.1n PU9U/;.CAUfOftMA
~ . fIRl~"ALl)I.rIC[1N
..' f, . ()lil....NGE COUNT"
My C~~~ [.Oi"" ....I,ll ]0, 198~
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full. true and
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under
and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Compan~ at a
meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of
this Corporation, may be affixed or printed by facsimile 10 any certificate to a Power of Attorney of this Corporation, and
that such printed facsimile signature and seal shall be valid and binding upon this Corporation."
GIVEN under by hand and the seal of said CQ1fIpany, at Newport Beach. California, this
January ,19 8J .
4th
day of
THIS POWER OF A TrORNEY EFFECTIVE ONLY
IF ATTACHED TD BDND ND. LOS-0720S3
~~~
......n
SPECIAL PROVISIONS
SECTION I
SPECIFICATIONS ANO PLANS
1-1.01 . GENERAL n The work embodied herein shall be done in accordance
with the Standard Specifications for Public Works Construction. 1979 Edition,
the "Landscape Cost Estimating," by Colton, 1981 Edition, and City of San
Bernardino Standard Drawings, insofar as the same may apply and in accordance
with the following special provisions.
1-1.02 TREES -- Pruning, trimming, pest control, replacement and tying
of all trees shall be the responsibility of the City's Park and Recreation
Department and is not a part of this contract.
1-1.03 DEFINITIONS -- Whenever in the Standard Specifications or the
Landscape Cost Estimating reference the following terms are used, they shall be
understood to mean and refer to the following:
Agency - The City of San Bernardino.
Owner - The City of San Bernardino.
Board - The Mayor and Common Council for the City of San Bernardino.
Engineer - The Director of Public Works/City Engineer for the City of
San Bernardino.
Supervisor - Authorized representative of the Director of Parks and Rec-
reation.
Laboratory - The laboratory to be designated by the City of San Bernardino
to test materials and work involved in the contract.
Notice Advertising for Bids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works
Construction.
Landscape Cost Reference - "Landscape Cost Estimating", by Colton, 1981
Edition.
Other terms appearing in the Standard Specifications, the Landscape Cost
Estimating reference, and these Special Provisions, shall have the intent and
meaning specified in Section 1-2, "Definitions," in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape
Cost Estimating reference, and these Special Provisions, the Special Provisions
shall take precedence over and be used in lieu of such conflicting portions.
SECTION 2
2-1 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL -- Bids must be submitted on the proposal fonn contained
herein. All bids or proposals shall be signed, sealed and accompanied by
cash, cashier's check certified check or bid bond made payable to the City
of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash,
check or bond shall be given as a guarantee that the bidder will enter into
the contract if his proposal is approved and the Mayor is authorized to exe-
cute the contract. In the event the bidder whose proposal is approved refuses
to execute said contract, the use by the public of the improvements will be
delayed and the public will suffer great damage. From the nature of the case,
it would be extremely difficult and impractical to fix said amount of damage.
Therefore, the City and the bidder agree that the proposal guarantee of 10%
of the bid shall be paid to the City upon the conditions set forth above as
liquidated damages and not as a forfeiture. Bid bonds shall be underwritten
by a surety company having a rating in Best's most recent Insurance Guide of
"A" or better.
SECTION 3
3-1 AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL -- Action on the contract is expected to be taken by the
Mayor and Common Council at their regularly scheduled meeting of
Januarv 17 ,19~. The bidder whose proposal is approved by the
Mayor and Common Council with the Mayor authorized to execute the contract
shall file with the Engineer all required bonds and insurance policies and
execute the contract within 10 calendar days after receiving notification of
the approval. Failure to file the stipulated documents and execute the
contract within the prescribed time shall constitute good and sufficient
grounds for recession of the award and payment of 10% of the bid to the City
as liquidated damages. Action by the Mayor and Common Council in approving
a bid proposal and authorizing the Mayor to execute a contract shall be
deemed to obligate the bidder to proceed in accordance with the bid bond to
execute the contract and provide required documentation (e.g., insurance
policies and performance bond) to the City. No work shall be undertaken
toward the completion of the contract, nor subcontracts entered into, until
the contract has been fully executed by both the Contractor and City.
3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall
be filed with the Engineer before the Contract is executed by the City in
accordance with Section 2-4, "CONTRACT BONDS," of the Standard Specifications.
SECTION 4
4-1 MAINTENANCE SCHEDULE AND CDrIMENCEMENT OF WORK,
TIME OF COMPLETION
4-1.01 -- Attention is directed to the provisions in Section 2.2, "Practical
Specifications for Contract Maintenance" of the Landscape Cost Estimating refer-
ence, ~and these special provisions.
4-1.02 COMMENCEMENT OF WORK -- Work shall commence within 10 days after the
date of the Notice to Proceed.
4-1.03 TIME OF COMPLETION -- The Contractor shall diligently prosecute the
work for the term of the contract.
4-1.04 MAINTENANCE SCHEDULE -- The maintenance of the landscaping facilities
shall be accomplished as follows:
Policing of trash and debris
Irrigation Test
Irrigation Repair Check
Trimming/Pruning
Fertilization
Weeding
Raking Beds
Sweeping/Blowing Walks
Washing Walks
Spraying for pre-emergants
Lawn Mowing (March 1 thru Nov 30)
Lawn Mowing (Dec. 1 thru Feb. 28)
Lawn edging
Lawn renovating
Lawn aerification
*Lawn trimming
Discing
Daily
Weekly
Daily
Quarterly
Quarterly
Weekly
~Jeekly
Weekly
Monthly
Quarterly
Weekly
Bi-monthly
Bi-monthly
Annually
Annually
Bi-month1y
Tri-annua11y
*With a power trimmer around all poles, obstructions,
tree wells, sprinkler heads and other miscellaneous
items as designated by the Supervisor.
Development of individual areas determines which of the above tasks are applicable.
SECTION 5
5-1 LEGAL REQUIREMENTS
5-1.01 LIABILITY INSURANCE -- The Contractor's attention is directed to
Section 7-3, "Liability Insurance," of the Standard Specifications, providing that
the Contractor shall furnish the City with a policy or certificate of liability
insurance as prescribed therein, prior to execution of the contract.
5-1.02 WORKMEN'S COMPENSATION INSURANCE -- The Contractor's attention is
directed to Section 7-4, "Workmen's Compensation Insurance", of the Standard
Specifications, providing that the Contractor shall file~a signed certification
Certificate of Workmen's Compensation Insurance before execution of the contract.
5-1.03 PAYMENT OF WAGE RATE -- The Contractor will be required to adhere
to the Federal Minimum Wage for payment of per diem wages for each workman needed
in execution of this contract.
The Engineer shall have the right to interview any workman on the project site
in order to verify payment of said wages.
SECTION 6
6-1 GENERAL
6-1.01 SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter
8.54 of the City of San 8ernardino Municipal Code regulating and prohibiting loud,
unnecessary and excessive noises.
Each internal combustion engine, used for any purposes on the job or related
to the job, shall be equipped with a muffler of a type recommended by the
manufacturer. No internal combustion engine shall be operated on the project
without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise
shall be operated during the hours of 10:00 p.m. and 7:00 a.m., unless approval has
first been secured from the Mayor and Common Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or
related to the job, including but not limited to trucks, mowers, weed eaters,
blowers or other equipment that mayor may not be owned by the Contractor. The
use of loud sound signals shall be avoided in favor of light warnings except those
required by safety laws for the protection of personnel.
6-1.02 PERMITS & LICENSE -- The Contractor shall obtain a City Business
License prior to execution of the contract. If any State Highway is involved in
the operation of the contract, Contractor shall first obtain a permit from CALTRANS,
247 West 3rd Street, San Bernardi no ,CA. before any work is to be performed.
6-1.03 EXTRA WORK -- Any extra work done shall conform to the provisions in
Section 2.2 of the Landscape Cost Estimating reference. However, equipment rental
rates shall conform to State of California Business and Transportation Agency,
Department of Transportation, Division of Construction, "LABOR SURCHARGE AND
EQUIPMENT RENTAL RATES," latest edition unless the extra work is done for a negotia-
ted price.
6-1.04 PAYMENTS -- Payment will be made to the contractor on or about the
first day of each consecutive month during the term of the contract in an amount
equal to the total amount bid divided by the total number of months encompassed by
the contract term. The first payment may be pro-rated in accordance with the
actual portion of the month worked.
6-1.05 PROJECT APPEARANCE -- The Contractor shall maintain a neat
appearance to the work.
In any area visible to the public, the following shall apply:
When practicable, debris developed during regular maintenance operations
shall be disposed of concurrently with its removal to an approved disposal site.
If stockpiling is necessary, the material shall be removed or disposed of daily.
Full compensation for conforming to the requirements of Section 6 shall be
considered as included in the prices paid for the various contract items of work
involved and no additional compensation will be allowed therefor.
6-1.06 FAITHFUL PERFORMANCE -- The Director of Parks and Recreation shall
have complete control of the supervision and performance elements of the mainten-
ance contract. A supervisor from that Department will be responsible for checking
the performance of the contractor to the established standards and reporting any
lack of maintenance to the Engineer. The Contractor will be notified of any
maintenance failure and will have a reasonable amount of time, as determined by
the Supervisor, to conform to the contract standards. If after a reasonable
amount of time the problem has not been resolved, a formal notice of noncompliance
will be sent to the contractor with a specific target date to resolve the problem
If the problem is still present on the specific target date, the Supervisor will
notify the Engineer who will have the option of terminating the contract and re-
advertise for a new contractor. In such event,then the amount of cash or bond
deposited with the City shall be forfeited by the Contractor to cover costs of such
readvertising and related expenses.
6-1.07 HOURS OF LABOR -- The Contractor shall conduct his operations during
the hours of 7:00 a.m. to 5:00 p.m. and only Monday through Friday unless othen~ise
specified by the Director of Parks and Recreation.
6-1.08 MONTHLY EVALUATIONS -- The City will submit a monthly' evaluation
and performance report to the contractor relative to the project area. Contractor
and City shall meet and agree upon a location to discuss the report.
. '
SECTION 7
7-1 Description of Work
7-1.01 GENERAL -- The work to be done consists, in general, of the
following:
Pruning, trimming, pest control, replacement and tying of all trees shall
be the responsibility of the City's Park and Recreation Department and is not a
part of this contract.
Plants, shrubs and groundcover shall be pruned, trimmed, and shaped to
ornamental beauty free from insects and fungus,
Planter beds, if any, shall be well raked and cultivated free of weeds, grass,
and any foreign matter,
All other areas, such as sidewalks, curbs, gutters, expansion joints, shall
be kept free of weeds as per the maintenance schedule for weeding.
All plant material shall be maintained in a healthy and vigorous state,
Lawns shall be maintained in a healthy growing condition free of weeds, pests
and fungus by furnishing necessary services to maintain same,
and such other items or details, not mentioned above, that are required by
the Standard Specifications, the Landscape Cost Estimating reference, or these
Special Provisions shall be performed, placed, installed or maintained.
All discing shall be at a sufficient depth to place the weeds under the
finished soil surface.
7-1.02 FUTURE WORK -- The cost of maintenance of landscaping which will be
installed in the future within those areas which are presently unimproved, if any,
will be negotiated with the Contractor at the time of completion of said improve-
ments.
, '
SECTION 8
8-1 TECHNICAL SPECIFICATIONS
8-1.01 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," 1977 Edition,
published by the State of California, and the "Work Area Traffic Control
Handbook," 1976 Edition, adopted by the City of San Bernardino, California.
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 therefor.
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 mainten-
ance 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.
8-1.02 COOPERATION AND COLLATERAL WORK -- Attention is directed to
Section 7.7, "Cooperation and Collateral Work," of the Standard Specifications,
and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be
working within the area. Certain utility facilities of various locations
within project limits may be removed, relocated, abandoned, or installed
by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the
contractor's operations. However, the contractor shall exercise due care to
insure that these utility facilities are not damaged during his operations.
The utility locations shown on the 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 therefor.
8-1.03 CLEANUP AND DUST CONTROL Cleanup and dust control shall conform
to the provisions in Section 7-8.1, "Cleanup and Dust Control," of the
Standard Specifications.
SECTION g
9-1 Landscape and Irrigation System
9-1.01 GENERAL -- The work embodied herein shall be done in accordance
with the Standard Specifications for Public Works Construction, 1978 Edition,
insofar as the same may apply, in accordance with Section 2.2 of the "Landscape
Cost Estimating," by Colton, 1981 Edition, and in accordance with these Special
Provisions. Development of individual areas determines which of the below
tasks are applicable.
In case of conflict between the Standard Specifications, the Landscape
Cost Estimating reference and these Special Provisions, the Special Provisions
shall take precedence over and be used in lieu of such conflicting portions.
9-1.02 SOIL FERTILIZING AND PEST CONTROL AGENTS -- Soil fertilizing and
pest control agents shall conform to the requirements of these Special Provisions.
a) Manure shall not be used as a fertilizer or soil conditioning
material.
b) Fertil izer shall be of the following formulation "8-8-4" (8N-8P-4K)
c) Pest Control Agents shall be as required by the Landscape Cost
Estimating reference.
d) Spraying of chemicals will not be permitted under windy conditions
as determined by the designated Supervisor from the Department of
Parks & Recreation.
e) Spraying of chemicals with Toxicity Catagory I shall not be utilized
unless written approval has first been obtained from the Director of
Parks and Recreation and unless a permit has been obtained from the
County of San Bernardino Department of Agriculture.
9-1.03 PLANTS -- 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.
, .
Replacement of plants and ground cover shall be in accordance with
construction plans and Special Provisions No. 6192 on file in the office
of the Director of Public Works/City Engineer of the City of San Bernardino,
and/or with the landscaping construction plans for the various Subdivisions
which adjoin this project.
9-1.04 IRRIGATION SYSTEM -- The irrigation system will be maintained as
follows:
a) The entire irrigation system will be maintained on a weekly
basis for proper operation. Any minor adjustments as required
to maintain adequate irrigation may be made by the Contractor
to the irrigation heads.
b) All repairs to the irrigation system will be accomplished by
City Park and Recreation personnel. The cost of all repairs
necessitated through negligence on the part of the Contractor
will be deducted from the following monthly contract payment.
Contractor shall notify the City Park and Recreation Department
of necessary repairs to the irrigation system within one
watering period.
9-1.05 LAWN -- All lawn areas will be maintained as follows:
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.
b) Fertilizer shall be applied in granular form and shall be
moisture free so as to obtain optimum spread.
c) Fertilizer shall be applied at a rate of one (1) pound of actual
Nitrogen material per 1,000 sq. ft. at the times specified below:
Once between March 15 and April 1
Once between June 15 and July 1
Once between September 15 and October 1
Once. between December 1 and December 15
, .
d) Mowers shall be maintained so as to provide a smooth, even cut
without tearing; mowers are to provide a uniform, level cut without
ridges or depressions.
e) :'Renovation shall be any approved ooeration that removes accumulated
thatch from turf areas; a schedule of equipment to be utilized by
the Contractor shall be submitted to the Director of Park and Rec-
reation ten (10) days prior to beginning work; renovation shall
occur in the early spring. Care should be taken during the renova-
tion process to assure a neat and clean appearance to turf areas
after the renovation process has taken place.
f) Turf area shall be aerified a minimum of one time each year.
Aerification will be scheduled immediately prior to the July
fertilization. Under adverse conditions or as a result of high
use where turf is suffering from compaction, aerification may be
necessary at more frequent intervals. The frequence interval shall
be as required to promote healthy vigorous growth.
A schedule of aerification equipment to be used shall be submitted
to the Director of Parks or the Supervisor ten (10) days prior to
beginning work.
0) All grass clippings are to be picked up by means of the appropriate
attachments to mowers or by use of other mechanical devices necessary
to achieve a clean, neat appearance of turf areas.
9-1.06 DISCING -- All discing areas shall be maintained in the following
manner:
a) All equipment and tools are to be furnished, fully operable, operated
and maintained by the Contractor. There will be no extra charge made
to the District for the same. All fuel, materials, supplies, etc. to
perform the contract are to be furnished by the Contractor at no extra
charge to the District. Contractor shall have reserve equipment
available in case of breakdown and shall be made available within a
twenty-four (24) hour period after such breakdown.
b) All tractors, regardless of size, shall be equipped with an approved
spark arrestor and either a 2t gallon pressurized water type fire
extinguisher or a back pack hand pump fire extinguisher with a minimum
capacity of five (5) gallons.
c) All equipment shall be made available if inspection is requested by
the Director of Parks ~nd Recreation and/or the Supervisor. Unsatis-
factory equipment may be rejected.
d) All designated areas shall be disced whenever possible with an approved
off-set disc at a sufficient depth to place the weeds under the finished
soil surface. All areas to be disced shall be disced twice in such
manner as to completely eliminate all standing weeds, or as agreed.
e) All dirt or refuse deposited upon public sidewalks, curbs and gutters
or street surface resulting from the Contractor's operations shall be
removed as the work progresses.
9-1.07 WEED MOWING -- When, in the opinion of the Director of Parks and
Recreation and/or the Supervisor, weed abatement by means of discing or harrow-
ing is impractical, or may prove unsatisfactory, weeds shall be cut to within
two (2) inches of the finished soil surface with an approved mechanical mower.
Mowing shall only be done when so directed by the Supervisor.
9-1.08 SCRAPING -- When, in the opinion of the Director of Parks and
Recreation and/or the Supervisor the land is uneven and other methods of weed
abatement are impractical, or may prove unsatisfactory, the soil surface may be
scraped with a blade or bucket attached to a tractor. A drag may also be
utilized, if practical. The debris shall be removed and disposed of in an approved
manner.
, .
9-1.09 HANDWORK -- The cleaning of parkways, areas adjacent to curbs,
walls and buildings, etc. may require handwork. However, no such handwork
shall be performed and charged for without advance written authorization from
the Supervisor.
a) Typical equipment for hand crew:
1. High wheel mowers.
2. Power weed cutter - gas power string trimmer (Green Machine,
Weed Eater, etc.)
3. Hand tools and safety equipment as needed
4. Trash removal truck (may be the same as for debris removal)
9-1.10 ROADBED WEED CONTROL -- All future roadbed adjacent to landscaped
areas and traffic islands shall be treated with a 12 month residual broad
spectrum weed control annually.
, .
AGREEMENT
CITY OF SAN BERNARDINO
This agreement, made and concluded this day of
, 19 . between the City of San Bernardino.
party of the first part, and---- , Contractor,
party of the second part.
Article I - Witnesseth, that for and in consideration of the payments
and agreements hereinafter mentioned. to be made and performed by the said
party of the first part, and under the conditions expressed in the bond as
deposited with the City, receipt of which is hereby acknowledged, said
party of the second part agrees with the said party of the first part, at
his own proper cost and expense in the Special Provisions to be furnished
by said party of the first part, necessary to complete in good Workmanlike
and substantial manner the maintenance of landscaping and related
facilities in portions of Kendall Drive and Kendall Way
in strict conformity with Plans and Special Provisions No. 6192-A and
also in accordance with Standard Specifications for Public Works/Construc-
tion, 1979 Edition. City of San Bernardino, Department of Public Works/
Engineering Division. on file in the Office of the City Engineer, and the
Landscape Cost Estimating, by Colton. 1981 Edition, on file in the Office
of the Director of Parks and Recreation. which said Plans, Special Provi-
sions, Standard Specifications, and Landscape Cost Estimating are hereby
especially referred to and by such reference made a part hereof.
Article II - And the said contractor agrees to receive and accept
the following prices as full compensation for furnishing all materials and
doing all the work contemplated and embraced in this agreement; also for
all loss or damage arising out of the nature of the work aforesaid or from
any unforeseen difficulties or obstructions which may arise or be encoun-
tered in the prosecution of the work and for all risks of every description
connected with the work; also for all expenses incurred by or in consequence
of the suspension of discontinuance of work, and for well and faithfully
completing the work and the whole thereof, in the manner and according to
the Plans and Special Provisions, and requirements of the Engineer under
them, to-wit:
Article III - The said party of the first part hereby promises and
agrees with the said contractor to employ, and does hereby employ the said
contractor to provide the materials and to do the work according to the
terms and conditions herein contained and referred to, for the prices
aforesaid, and hereby contracts to pay the same at the time, in the manner,
and upon the conditions above set forth; and the said parties for themselves,
their heirs, executors, administrators, successors, and assigns, do hereby
agree to the full performance of the covenants herein contained.
PLAN NO. 6192-A
ITEM QUANTITY UNIT
1. 1 L.S.
(12,160 sq.ft.t)
DESCRIPTION OF ITEMS WITH UNIT
UNIT PRICE WRITTEN IN WORDS PRICE TOTAL
Zone 1
Lawns sha 11 be mowed, edged, lo s. 4 Ie 'f t;.oo
fertilized, renovated,aerified
and maintained in a healthy
growing condition free from
weeds, pests, fungus and any
foreign matter as outlined
in the attached specifica-
tions at e lump sum pric
of d ~(
TOTAL BID ZONE 1 . 00
1111111111111/1/1/11111111/111//1//11/111111/11111/1/1/111///1////1111///111////1/1111/1//1/
Zone 2
Unimproved areas shall be disced, L.S.
scraped or treated so as to
eliminate all standing weeds
and be maintained free of any
debris or trash as outlined in
the attached specifications at
th lump sum pric~ of
1.
1
(135,588sq.ft.t)
loS.
TOTAL BID ZONE 2 ~1L1elo.oo
TOTAL BID ZONES 1 & 2
The unit price must be written in words and also shown in figures. The total price
must be extended for each item of work and the total of all items inserted in the
space provided.
The contract will be awarded only for the total aggregate bid for all zones.
An estimate of the square footage involved in each item has been included for the
contractors information only and the price bid will be for the lump sum unit price.
Article IV - It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this instrument
and the bid ot proposal of said contractor, then this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of
said proposal conflicting herewith.
IN WITNESS WHEREOF, the parties to these present have hereunto set their
hands the year and date first above written.
ATTEST:
CITY OF SAN BERNARDINO
~dd/-aA6'
SHAU~A CLARK, City Clerk
Approved as to form:
CONTRACTOR
Name of Firm:
City Attorney
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MAILING ADDRESS: -p.o. ~OlC 4-(,
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