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HomeMy WebLinkAbout1983-012 II II I 1 2 3 4 5 6 7 8 9 JO II 12 13 14 ]5 16 ]7 ]8 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 83-12 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TIDE AND TURF LANDSCAPE FOR MAINTENANCE OF LANDSCAPING ON PORTIONS OF STATE COLLEGE PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE, NORTHPARK BLVD., AND LITTLE MOUNTAIN DRIVE IN ASSESSMENT DISTRICT NO. 952. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. It has been determined that Tide and Turf Landscape is the lowest responsible bidder for construction of a public project, to wit: Maintenance of landscaping on portions of State College Parkway, College Ave., 48th Street, Kendall Drive, Northpark Blvd., and Little Mountain Drive in Assessment District No. 952, in accordance with Plan No. 6056-A, for the total amount of $13,660.00; that a contract should be awarded accordingly, but such award will be effective only upon the contract being fully signed; that all other bids therefor are hereby rejected; and that authorization be given to execute said contract, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The contract shall not take effect until fully signed and executed by both parties, and shall automatically terminate on June 30, 1983. The City shall not be obligated hereunder unless and until the contract is fully executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeti ng thereof, he1 d on the 17th day of January 1983, by the following vote, to wit: AYES: Council Members Castanec1a, Reilly, Hernanrlez, !1arks, Quiel, Hobbs, Strickler NAYS: None ABSENT: None 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 \- ~.///M/~Ab /' City Clerk / f? 1'7{ day of 5 The foregoing resolution is hereby approved this 6 January 7 8 9 Approved as to form: ~-~tA~ City A torney 25 26 27 28 , 1983. - 2 - C,ry. CLERk:. fS-/~ CITY OF SAN BERNARDINO STATE OF CALIFORNIA ASSESSMENT DISTRICT No. 952 CONTRACT DOCUMENTS PLAN AND SPECIAL PROVISIONS NO.6056-A FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF STATE COLLEGE PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE, NORTHPARK BOULEVARD & LITTLE MOUNTAIN DR. fi' SAN BERNARDINO, CALIFORNIA DIVISION OF ENGINEERING DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO NOVH1BER , 1982 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JANUARY 4, 1983 " , 1.1 E)(II/B/T A Engineer's Estimate $30,400 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 State College Parkway, College Avenue, 48th Street, Kendall Drive, North Park Boulevard and Little Mountain 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, .national 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 No bidder may withdraw his bid within of the bid opening. right to reject any and all bids. 30 calendar days from the date 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. 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, Ca1 ifornia, 92418. CITY OF SAN BERNARDINO ~t~f?/1.' L2;~1/ S~ NA CLARK, City Clerk I' NOTICE TO I\DVERTISE SPEClrlC;.T:()~J NO,~...~Q~.6.:~''''''~h''~''' SHALL I\i'; ~.'.\ ;,j ,.."iT I:;SUE :WT LATER THAN: DA TE.~JZi6I8X~~~~J.ZI19/~Z...~....,.....~............ SEc'vi,:: i ;":_~;...;,,,;,\;-:C';\l ;i".~ D/i'{S LATER SIGNA TU f\E......,.....~h......n'~..h........~,DA TE............. PROPOSAL FORM TO THE MAYOR AND 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 landscapinq and related facilities in portions of State Colleqe Parkway. Colleqe Avenue. 48th Street. Kendall Dr.. Northpark Boulevard and Little Mountain Dr. in the City of S.B. in strict conformity with Special Provisions No. 6056-A, City of San Bernardino Department of Public Works, and also in accor- dance 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 pro- vide 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 there- in prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: ITEM QUANTITY UNIT TOTAL 1. 1 L.S. (45,370 sq.ft.t) . PLAN NO. 6056-A DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS ZONE 1 UNIT PRICE Lawns shall be mowed, edged, L.S. fertilized, renovated, aeri- fied and maintained in a healthy growing condition free from weeds, pests, fungus and any foreign matter as outlined in the attached specifications t the 1 mp sum price of ~ 4 '315tJ.OQ 2. 1 L.S. (29,924 sq.ft.t) Plants, shrubs and qroundcover L.S. shall be pruned, trimmed and shaped to ornamental beauty free from insects and fungus. Planter beds shall be well raked and cultivated free from weeds, grass and any foreign matter. All olant material shall be maintained in a healthy and vigorous state as outlined in the attached specifications a~ ,:~j_1Ur sUl1) pr; ce of . ~~~~LM~ .i 810.00 3. 1 (373,436sq.ft.t) L.S. Unimproved areas shall be disced, 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 ~,"mj~ . ~ ? -fr 4 L.S. 'Z~15 .00 TOTAL BID ZONE 1 ----k,o 15 . 00 //////////////////////////////////////////////////////////////////////////////////////////. ITEM QUANTITY UNIT 1. 1 L.S. (47,750 Sq.ft.i) PLAN NO. 6056-A . DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS ZONE 2 Lawns shall be mowed, edged, L.S. .{I,.~iSO.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 specifications fl t~.e. 1 '1l. sum pri ce of ~~ UNIT PRICE TOTAL 2. 1 L.S. (368,728sq.ft.i) Unimproved areas shall be L.S. j,'Z~Z.O.oo disced, 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 ~~ TOTAL BID ZONE 2 &. (p Qj D. 00 /////////////////////////////////////////////////////////////////////////////////////////// ZONE 3 1. 1 L.S. (21,060 sq.ft.i) Unimproved areas shall be L.S. disced, 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 ~~'~ t. r;1S.0D TOTAL BID ZONE 3 //////////////////////////////////////////////////////////////////////////////////////////1 PLAN NO. 6056-A TOTAL BID ZONES 1, 2 & 3 _J.13lPbO.OD 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 preva il . It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 days from the date of the "Notice to Proceed," and shall continue1n 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: Tloe. ~ 1"tlr&.F LA4J~e MAILlf"t14/.1U!... c.DM~'( BUSINESS ADDRESS: 1"'.0. ti'Jox .f~ I 1";;0 u.>. V/IJE.".:Sf. I p,~ A',(~,CA . "I~'5"'; SIGNATURE OF BIDDER: J?~j J (SJ~___ 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. \:::I,M.!''''' .J. lAllA=- J;;:4J ;-000 A. 6M rr" 11'2-11" 4- Telephone No. HI4:b~i'~"'.f17..'l Da ted -.JJrl..4 'Z.. ,19123 DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4108 of the Government Code of the State of California, and any anlendments thereof, each bidder shall set forth below the name and location of each sub-contractor who will perfonm work or labor or render service to the contractor. TRADE SUB-CONTRACTOR ADDRESS CERTI FICATION I 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 0 F FIRM: ""pCf!.. ~ '11.411',,'" L.k.I""'" "'"'- ~:::~~uJ J. fa~ TITLE: L1J -ow~tGIL DATE: .JMJ '2... J {j B3 MAlt-I-pu..lN"" l.CMr:llW.I'( BY: -7~lL1CU:U~~~~~u'Jh(u~~.~ ~;J- -- - ----- ----- -~~-~---~-- - . (:j ~ ~ i~ ;~ ~. Ii = (~ ia' ~ ~. ~i (.lIi (~ ~ ' , ( '.=J (:ij .~, ',~ i~ .;~ .'" '~ ~ -:3 ~i :~ i.;, '3 .~ ~I ~I \~, ~l il ~I BALBOA INSURANCE COMPANY Bond# 620 Newport Center Drive, Newport Beach, CA 92660 Los-onOS3 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, in the full and just sum of 10% not to exceed One thousand-five hundred & 00/]00 dnl1~r~ ($] <;00 00\ 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 (hereinafter called the obligee) 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 #952 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. Signed and Sealed th is 4th day of Januarv , 19J..1... Tide & Turf Landscape Maintenance Principal CO. 5/tO~2"OO"'A" By ~_ . Attorney-In-Fact A.E. Lee ~ _ ""''''''.....~''''''O>~.~~J.!.il!~l1}'J..1J.'~~~~~~~~~~ BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DAIVE. NEWPORT BEACH. CALIFORNIA 92660 GENERAL POWER OF ATTORNEY GPA POWER OF ATTORNEY VALlO ONLY IF NUMBERED IN REO 6(;:0 Know All Men by Tllt'Sf' PreSt'nfs. That BALBOA INSURASCf COMPANY. a corporatiulI duly organi/.<,J and eXlsl'!lg under the laws nf the Slale of California, and having its principal omee in Newport Beach, Orange County, (alifllrnia, J"I'S hv the~ presents make, cnnstitute and apPllint A, E. LEE of San Bernardino and State of California its true anJ lawful AIIOTTley(s).m,I;;Il"I. \\tth full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver__ . __ CONTRACT BONOS CS,B.A, Guarantee AQreement) - 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 OECEI~BER 31. 1983" and 10 hind the Company thereby as fully and to the same extenl as if such hllnds were signed by the Pr.:sid.:nl. :;cal...! wlth the corporate seal of the Company and duly attested by its Secretary, hereby raUfying and conlirming all that lhe said Atlorney(s)-in-Facl may do in the premises. Said appointment is made under and by authority of the following U:;"lulllln adupted by the Board of Directors of the Balboa Insurance Company at a meeting held on the nnd day of March, 1':l'6~. "Be It 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 A!lorney(s)-in-Fact to represent Jnd act for and on behalf of the Company subject to the following provisions: ''Section I. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreemenls 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 altested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vicp. Prp,idE!nt and its corporate seal to be hereto affixed this October ~82 ~" C'2'..... .;-",. ..,.,~\ ., ~) . Exp.cutivp. 13th day of :i1#~ State of California ~ ss.: County of Orange ~ On this 13th , A.D., 19~,' before me personally came Wi 11 i am Pa 1 autt , to me known, who, being by me duly sworn, did depo!ie and say, that he resides in Mission Vieio. California , that he is FXPf:lltivP Vicp. Prp,idp.nt 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 b such c(lrr~)rate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his na ther..:t" by like order. Q OHtelAl SlAl GRACIA K. LINDEN ...~ . -." ""rAin PlJ9Ut;-CAUFOlt'rtl... "fffNCI~"'l OHIC[ IN .. -.:'f, -. ~.NGE COUNT'\' My C~sion boi'~ AuR 30. 1985 Nolan- PlIblit. I, the undersigned Secretary of Balboa Insur;mce 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 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed hy f<lcsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insur<ln't! Company 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 to 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 Company, at Newport Beach, California, this Januarv ,19 83 , 4th day of THIS POWER OF A TIORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. L05-072053 ~~~ .1.."1 ,;, SPECIAL PROVISIONS SECTION I SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- 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 ANO CONOITIONS 2-1.01 GENERAL -- Bids must be submi tted on the proposal fOl'lll conta i ned 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 January 17 , 19 83. 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 COt1MENCEMENT 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 Weekly Weekly Monthly Quarterly Weekly Bi-month1y Bi-month1y Annua lly Annually Bi -monthly" Tri -annually *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 -1-=-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 8.54 of the unnecessary SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter City of San Bernardino Municipal Code regulating and prohibiting loud, 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 excessi~e 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 Bernardino, 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 otherwise 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 arrange~ents 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 materi a 1. b) Fertilizer 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 8ernardino 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. 6056 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 follow~: .... . " a) The entlre lrrlgatlon system wlll be malntalned 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 operation 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 (lD) days prior to beginning work. ~) All grass clippings are to be pick~d 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 and 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 ,19 ,between the City of party of the first part, and---- party of the second part. day of San Bernardino, , Contractor, 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 landscapinQ and related facili- ties in oortions of State ColleQe Parkway. ColleQe Avenue. 48th Street. Kendall Dr.. Northpark Blvd.. & Little Mountain Dr. in the City of S.B. in strict conformity with Plans and Special Provisions No. 6056-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 contem~lated 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 ~anner 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. ITEM QUANTITY UNIT 1. 1 L.S. (45,370 sq. ft.:!:) PLAN NO. 6056-A OESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS ZONE 1 UNIT PRICE Lawns shall be mowed, edged, L.S. fertilized, renovated, aeri- fied and maintained in a healthy growing condition free from weeds, pests, fungus and any foreign matter as outlined in the attached specifications t the 1 mp sum price of ~ TOTAL 11> 3150.0Q 2. 1 L.S. (29,924 sq. ft.:!:) Plants, shrubs and qroundcover L.S. shall be pruned, trimmed and shaped to ornamental beauty free from insects and fungus. Planter beds shall be well raked and cultivated free from weeds, grass and any foreign matter. All plant material shall be maintained in a healthy and vigorous state as outlined in the attached specifications a;, .:'J',}U1r sUIT} pr; ce of . ~~~"YL~ .i SeW.Do 3. 1 (373,436sq.ft.:!:) L.S. Unimproved areas shall be disced, 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 ~.,"mPi~ .. ~ ~ -tr- ., L.S. 'Z.!>15 .00 TOTAL BID ZONE 1 --k'DI~.oO ///////////////////////////////////////////////////1//////////////////////////////////////1 ITEM QUANTITY UNIT 1. 1 L.S. (47,750 sq.ft.I) PLAN NO. 6056-A ~ DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL ZONE 2 Lawns shall be mowed, edged, L.S. ~'3iSO.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 specifications ~~ 2. 1 L.S. (368,728sq.ft.I) Unimproved areas shall be L.S. j,'Z~Z.O.oo disced, 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 ~,"m~ ~.;:.} ~ TOTAL BID ZONE 2 a. (p QJ D. 00 /////////////////////////////////////////////////////////////////////////////////////////// ZONE 3 1. 1 L.S. (21,060 sq.ft.I) ~ r;1S.0D Unimproved areas shall be L.S. disced, 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 ~'~ TOTAL BID ZONE 3 /////////////////////////////////////////////////////////////////////////////////////////// PLAN NO. 6056-A TOTAL BID ZONES 1, 2 & 3 AI~fp"O.OD 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 he any conflict between the terms of this instrument and the bid or 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 ~~~~/ SHA A CLARK, City Clerk Approved as to form: CONTRACTOR City Attorney Name of Firm: TI t::>1E.- "t -rw......~ 1.A-".II:)bCAPIE.- MAII-l~c..E ca.1~, ~J; ~u.~ BY: ([) TITLE: _~~ MAILING ADDRESS: PO B6~ U . :1?adL~., PH ijE NO. (1/4--) 1&1 4-4'7'1-'1