Loading...
HomeMy WebLinkAbout2015-189 BOUND AGREEMENT 1 RESOLUTION NO. 2015-189 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AWARDING FOUR CONTRACTS TO INLAND EMPIRE LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS 4 ASSESSMENT DISTRICTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. INLAND EMPIRE LANDSCAPE is the lowest responsible bidder for 8 Area "A": MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 976, 9 991, 997, 1017, 1025, 1028, 1030, 1031, 1032, 1035-Z1, 1035-Z2, 1037, 1039, 1041, 1043-Z1, 10 1043-Z2, 1047, 1052, 1055, 1049 (ADDITIVE NO. 1) AND 1051 (ADDITIVE NO. 2), PER 11 PLAN NOS. 7034-B, 7782-A, 8301, 9494, 9988A, 10487A, 10812A, 10811A, 11213A, 12 11233A, 11233A, 11217A, 11526A, 11761A, 11565A, 11565A, 11678A, 11959A, 11843B, 13 11873A (ADDITIVE NO. 1), 12055A (ADDITIVE NO. 2). A contract is awarded accordingly 14 to said bidder in a total amount of$291,514.22 for the initial term beginning on September 17, 15 2015, through January 31, 2017. 16 SECTION 2. INLAND EMPIRE LANDSCAPE is the lowest responsible bidder for 17 Area "D": MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 951- 18 Z1, 951-Z2, 952-Z1, 952-Z2, 952-Z2A, 952-Z3, 1002, 1019, 1040 & 1046, PER PLAN NOS. 19 6192-A, 9274, 8302, 9553, 11321A and 11593A. A contract is awarded accordingly to said 20 bidder in a total amount of $18,453.88 for the initial term beginning on September 17, 2015, 21 through January 31, 2017. 22 SECTION 3. INLAND EMPIRE LANDSCAPE is the lowest responsible bidder for 23 24 Area "E": MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 993, 25 1005, 1057 & 1064 (ADDITIVE NO. 1), PER PLAN NOS. 8155, 8525, 12027A and 12369A. 26 A contract is awarded accordingly to said bidder in a total amount of$130,904.90 for the initial 27 term beginning on September 17, 2015,through January 31, 2017. 28 1 I SECTION 4. INLAND EMPIRE LANDSCAPE is the lowest responsible bidder for 2 Area "F": MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 953 & 3 1029, PER PLAN NOS. 6177 and 10598A. A contract is awarded accordingly to said bidder in 4 a total amount of $22,477.95 for the initial term beginning on September 17, 2015, through 5 January 31, 2017. 6 SECTION 5. All other bids for Areas A, D, E, and F, therefore, are hereby rejected. 7 The City Manager is hereby authorized and directed to execute said four contracts on behalf of 8 the City; copies of the four contracts are on file in the office of the City Clerk and incorporated 9 herein by reference. 10 SECTION 6. These four contracts and any amendments or modifications thereto shall 11 not take effect or become operative until fully signed and executed by the parties and no party 12 shall be obligated hereunder until the time of such full execution. No oral agreements, 13 amendments, modifications or waivers are intended or authorized and shall not be implied from 14 any act or course of conduct of any party. 15 SECTION 7. These four contracts for Areas A, D, E, and F may each be extended by 16 17 two additional one (1) year terms as set forth in said contracts. 18 SECTION 8. The authority granted by this resolution shall expire if the parties to the 19 contracts fail to execute them within sixty (60) days of the passage of this resolution. 20 21 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING FOUR CONTRACTS TO INLAND EMPIRE 2 LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS 3 ASSESSMENT DISTRICTS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 17th day of August, 2015, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 14 NICKEL X 15 JOHNSON* X 16 MULVIHILL X 17 18 �eo�rgHanna, MC, City Clerk 19 '- 20 The foregoing resolution is hereby approved this day of August, 2015. 21 *Area F—Council Member Johnson abstained G 22 ta R. CAREY D VIS, Mayor 23 City of San Bernardino 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 26 By ` 27 28 3 COUNCIL MEETING - 8/17/15 ITEM 7H RESOLUTION #2015-189 FILE NO. 14.40A-A AUUT.NO:254-150-0106-5506+ Project No.: AD 976-PROJECT NO.: 1328 AD 1037-PROJECT NO.:6024 AD 991 -PROJECT NO.: 1335 AD 1039-PROJECT NO.:6026 AD 997-PROJECT NO.: 1386 AD 1041-PROJECT NO.:6028 AD 1017-PROJECT NO.:6002 AD 1043-ZI-PROJECT NO.:6030 AD 1025-PROJECT NO.:6015 AD 1043-Z2-PROJECT NO.:6031 AD 1028-PROJECT NO.:7273 AD 1047-PROJECT NO.:6038 AD 1030-PROJECT NO.:6018 AD 1052-PROJECT NO.:6045 AD 1031-PROJECT NO.:6019 AD 1055-PROJECT NO.:6048 AD 1032-PROJECT NO.:6020 AD 1049(ADDITIVE NO. 1)-PROJECT NO.:6040 AD 1035-Z1 -PROJECT NO.:6021 AD 1051(ADDITIVE NO.2)-PROJECT NO.:6042 AD 1035-Z2-PROJECT NO.:6033 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONT'RAC'T'DOCUNaNTS FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: ASSESSMENT DISTRICT NOS.: 976,991,997, 1017, 1025, 1028, 1030, 1031, 1032, 1035-ZI, 1035-Z2, 1037, 1039, 10419 1043-Z1, 1043-Z2, 1047, 1052, 1055, 1049(ADDITIVE NO. 1) AND 1051 (ADDITIVE NO.2) (AREA 6°A") (2015-16)PLAN AND SPECIAL PRO`'ISIONS NOS.: 7034-B (SCHEDULE 1,AD 976) 11217A (SCHEDULE 12,AD 1037) 7782-A (SCHEDULE 2,AD 991) 11526A (SCHEDULE 13,AD 1039) 8301 (SCHEDULE 3,AD 997) 11761A (SCHEDULE 14,AD 1041) 9494 (SCHEDULE 4,AD 10 17) 11565A (SCHEDULE 15,AD 1043-Z1) 9988A (SCHEDULE 5,AD 1025) 11565A (SCHEDULE 16,AD 1043-Z2) 10487A (SCHEDULE 6,AD 1028) 11678A (SCHEDULE 17,AD 1047) 10812A (SCHEDULE 7,AD 1030) 11959A (SCHEDULE 18,AD 1052) 10811 A (SCHEDULE 8,AD 1031) 11843B (SCHEDULE 19,AD 1055) 11213A (SCHEDULE 9,AD 1032) 11873A (SCHEDULE 20,AD 1049(ADDITIVE NO. 1)) 11233A (SCHEDULE 10,AD 1035-Z1) 12055A (SCHEDULE 21,AD 1051 (ADDITIVE NO.2)) 11233A (SCHEDULE 11,AD 1035-Z2) r l� DEPARTMENT OF PUBLIC WORKS G CITY OF SAN BERNARDINO BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21, 2015. i ExXA,,B1 7` FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: (SCHEDULE 1, AD 976) - PINE AVENUE AND THE OPEN SPACE AREAS WITHIN METROPOLITAN WATER DISTRICT LAND LOCATED EAST OF AND ADJACENT TO PINE AVENUE, WALNUT AVENUE,OHIO AVENUE, BELMONT AVENUE,IRVINGTON AVENUE,THE DRAINAGE CHANNEL SOUTH OF TRACT 13028 AND 13036 AND IN LOT"A-A"OF TRACT 13036,THE SLOPE AREA SOUTH OF CHRISTINE STREET;AND (SCHEDULE 2, AD 991) - SOUTH SIDE OF VERDEMONT DRIVE, NORTH AND SOUTH SIDES OF GARFIELD AVENUE,NORTH SIDE OF OHIO AVENUE AND PORTION OF THE SOUTH SIDE OF OHIO AVENUE,ALL BETWEEN PALM AVENUE AND OLIVE AVENUE;WEST SIDE OF PALM AVENUE,SOUTH OF OHIO AVENUE AND THE SLOPE AREA SOUTH OF TRACT 13530(WEST OF PALM AVENUE);AND (SCHEDULE 3,AD 997)-NORTH SIDE OF IRVINGTON AVENUE,EAST OF CHESTNUT AVENUE;AND (SCHEDULE 4,AD 1017)-NORTH SIDE OF KENDALL DRIVE,EAST AND WEST OF PINE AVENUE;PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE, PORTIONS OF THE SOUTH SIDE OF IRVINGTON AVENUE,PORTIONS OF THE NORTH AND SOUTH SIDE OF WASHINGTON AVENUE AND WITHIN OPEN SPACE AREAS WITHIN THE METROPOLITAN WATER DISTRICT LAND ALONG PINE AVENUE.;AND (SCHEDULE 5, AD 1025)-WEST SIDE OF PALM AVENUE, SOUTH OF WASHINGTON AVENUE; PORTION OF WASHINGTON AVENUE,WEST OF PALM AVENUE,AND THE SOUTH SIDE OF RED SKY AVENUE,WITHIN TRACT NO. 15743;AND (SCHEDULE 6, AD 1028) - SOUTH SIDE OF OHIO AVENUE, WEST SIDE OF WALNUT AVENUE, EAST SIDE OF OLIVE AVENUE AND THE NORTH SIDE OF MEYERS ROAD,WITHIN TRACT NO. 14193;AND (SCHEDULE 7,AD 1030)-NORTH SIDE OF OHIO AVENUE,EAST OF MAGNOLIA AVENUE,AND THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF OHIO AVENUE;AND (SCHEDULE 8,AD 1031)-SOUTH OF BRENDA LANE,EAST OF OLIVE AVENUE WITHIN PORTIONS OF LOT"A"OF TRACT NO. 15407;AND (SCHEDULE 9,AD 1032)-NORTH SIDE OF VERDEMONT DRIVE,EASTERLY OF PALM AVENUE,WITHIN TRACT NO. 14352;AND (SCHEDULE 10,AD 1035-Z1)-EAST SIDE OF PALM AVENUE,THE SOUTH SIDE OF OHIO,THE NORTH SIDE OF MEYERS ROAD AND THE SLOPE ALONG THE SOUTHERLY BOUNDARY OF TRACT NO.13572, ALL WITHIN TRACT NO. 13572;AND (SCHEDULE 11,AD 1035-Z2)-WEST SIDE OF PALM AVENUE AT AKRON STREET WITHIN TRACT NO.15538;AND (SCHEDULE 12,AD 1037) -NORTH SIDE OF BELMONT AVENUE EAST OF MAGNOLIA AVENUE,THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF BELMONT AVENUE AND LOT 34,LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AVENUE AND MEYERS ROAD,ALL WITHIN TRACT NO. 13630;AND *(SCHEDULE 13, AD 1039) - BELMONT AVENUE, EAST OF MAGNOLIA AVENUE, PORTIONS OF MAGNOLIA AVENUE,SOUTH OF BELMONT AVENUE AND ALONG THE TRAIL SYSTEM ALONG LOS ROBLES WAY;AND (SCHEDULE 14,AD 1041) -EASTERLY SIDE OF MAGNOLIA AVENUE,PARKWAY AND SLOPE LANDSCAPING ON THE SOUTH SIDE OF OHIO AVENUE, LANDSCAPING AND DRAINAGE SWALES ON SLOPES ALONG THE SOUTHERLY SIDE OF LOTS 10 THROUGH 17, INCLUSIVE, AND THE EASTERLY SIDE OF LOT 10, AND THE LANDSCAPING AND DRAINAGE SWALE/ACCESS AREA BETWEEN THE SIDE YARDS OF LOTS 10 AND 11;AND (SCHEDULE 15,AD 104341) -WEST SIDE OF PALM AVENUE,THE NORTH SIDE OF IRVINGTON AVENUE AND ALONG PORTIONS OF THE NORTH AND SOUTH SIDE OF BLUE MOUNTAIN STREET ALL WITHIN THE BOUNDARIES OF TRACT NO. 15940;AND (SCHEDULE 16,AD 104342) -NORTH SIDE OF IRVINGTON AVENUE;THE EAST SIDE OF MOUNT CARMELA LANE,THE WEST SIDE OF OLIVE AVENUE,THE WEST SIDE OF EAGLES GLEN STREET, THE NORTH SIDE OF MUIR MOUNTAIN WAY, AND THE EAST AND WEST SIDES OF MT. MCKINLEY WAY, ALL WITHIN THE BOUNDARIES OF TRACT NO. 16457;AND (SCHEDULE 17, AD 1047) - NORTH SIDE OF OHIO AVENUE EAST OF PINE AVENUE AND LANDSCAPING, HARDSCAPE AND LOCAL TRAIL WITHIN A STRIP OF LAND, BEING THE SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT EASEMENT,ALONG THE NORTHWESTERLY PORTION OF LOTS 1 THROUGH 5,ALL WITHIN TRACT NO. 16547. A 10 FOOT WIDE THINNING AREA, ALONG THE WESTERLY PORTION OF SAID WATER DISTRICT EASEMENT WILL ALSO BE MAINTAINED;AND *(SCHEDULE 18,AD 1052) -BELMONT AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;PORTIONS OF VACATED CHESTNUT AVENUE,BETWEEN BELMONT AVENUE AND OHIO AVENUE,INCLUDING PORTIONS OF LOT"A"AS SHOWN ON THE MAP OF TRACT NO. 16795;PORTIONS OF OHIO AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;AND PORTIONS OF OFELIA DRIVE SOUTHWESTERLY OF LANDON DRIVE;AND (SCHEDULE 19,AD 1055) -EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO AVENUE WITHIN LOT A,LOT B,NORTHWESTERLY SLOPES OF LOTS 1 AND 19,ALL OF TRACT NO. 17716 AND WITHIN MWD PROPERTY LEASED BY THE CITY; AND THE MAINTENANCE OF FOUR STORM DRAIN CATCH BASINS WITH FILTRATION,LOCATED ADJACENT TO LOTS 5, 17,24,AND 36;AND (SCHEDULE 20,AD 1049(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS OF THE NORTHERLY SIDE OF OHIO AVENUE AND WITHIN SLOPES ALONG PORTIONS OF THE WESTERLY SIDE OF CHESTNUT AVENUE,AND ALSO INCLUDING A DRAINAGE CHANNEL NORTH OF TENTATIVE TRACT 14881;AND (SCHEDULE 21,AD 1051 (ADDITIVE NO.2))- ALONG A 3 FEET BY 230 FEET STRIP OF LAND LYING ON THE EAST SIDE OF OLIVE AVENUE AND ADJACENT TO LOTS 13 AND 14,ALL WITHIN TRACT NO. 17396. CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS/ENGINEERING April 1, 2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21,2015 INDEX BID DOCUMENTS A. Notice Inviting Bids B. Proposal Form C. Bid Schedule D. Designation of Sub-Contractors E. Worker's Compensation Certification F. Non-Collusion Affidavit G. MBE/WBE Information-Good Faith Efforts H. References SPECIAL PROVISIONS SECTION 1 - Specifications and Plans SP-1 SECTION 2 -Proposal Requirements and Conditions SP-2 SECTION 3 -Award and Execution of Contract SP-5 SECTION 4 - Supervision of Work SP-6 SECTION 5 -Legal Requirements SP-8 SECTION 6 -Payments/General SP-13 SECTION 7 -Description of Work SP-16 SECTION 8 -Technical Specifications SP-20 SECTION 9 - Irrigation/System SP-22 SECTION 10 - Shrubs and Ground Cover Plants SP-25 SECTION 11 -Fertilizer and Pest Control Agents SP-26 SECTION 12 - Lawn/Turf SP-27 SECTION 13 - Slope/Bank/Drain Maintenance SP-29 SECTION 14 - Weed Control SP-30 SECTION 15 —Trees SP-31 CONTRACT AGREEMENT SP-33 PART I ADMINISTRATION Engineer's Estimate: Schedule 1,AD 976:$ 20,225 Schedule 2, AD 991:$ 7,320 Schedule 13,AD 1039: $ 13,432 Schedule 3,AD 997:$ 22,687 Schedule 14, AD 1041: $ 6,148 Schedule 4, AD 1017:$ 12,602 Schedule 15, AD 1043-Z1: $ 6,192 Schedule 5, AD 1025:$ 3,912 Schedule 16,AD 1043-Z2: $ 11,674 Schedule 6, AD 1028: $ 5,838 Schedule 17, AD 1047: $ 3,470 Schedule 7,AD 1030:$ 4,885 Schedule 18,AD 1052: $ 17,110 Schedule 8, AD 1031:$ 20,500 Schedule 19, AD 1055: $ 25,224 Schedule 9, AD 1032:$ 4,756 Schedule 20, AD 1049 (ADDITIVE NO. 1): $ 4,458 Schedule 10, AD 1035-Z1: $ 6,950 Schedule 21, AD 1051 (ADDITIVE NO. 2): $ 1,104 Schedule 11,AD 1035-Z2: $ 380 Schedule 12, AD 1037: $ 6,341 TOTAL ESTIMATE: $ 205,208 NOTICE INVITING BIDS (AREA "A") 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: (SCHEDULE 1, AD 976) - PINE AVENUE AND THE OPEN SPACE AREAS WITHIN METROPOLITAN WATER DISTRICT LAND LOCATED EAST OF AND ADJACENT TO PINE AVENUE, WALNUT AVENUE, OHIO AVENUE, BELMONT AVENUE,IRVINGTON AVENUE,THE DRAINAGE CHANNEL SOUTH OF TRACT 13028 AND 13036 AND IN LOT"A-A"OF TRACT 13036,THE SLOPE AREA SOUTH OF CHRISTINE STREET;AND (SCHEDULE 2, AD 991) - SOUTH SIDE OF VERDEMONT DRIVE, NORTH AND SOUTH SIDES OF GARFIELD AVENUE,NORTH SIDE OF OHIO AVENUE AND PORTION OF THE SOUTH SIDE OF OHIO AVENUE,ALL BETWEEN PALM AVENUE AND OLIVE AVENUE;WEST SIDE OF PALM AVENUE,SOUTH OF OHIO AVENUE AND THE SLOPE AREA SOUTH OF TRACT 13530(WEST OF PALM AVENUE);AND (SCHEDULE 3,AD 997)-NORTH SIDE OF IRVINGTON AVENUE, EAST OF CHESTNUT AVENUE;AND (SCHEDULE 4,AD 1017)-NORTH SIDE OF KENDALL DRIVE,EAST AND WEST OF PINE AVENUE;PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE, PORTIONS OF THE SOUTH SIDE OF IRVINGTON AVENUE,PORTIONS OF THE NORTH AND SOUTH SIDE OF WASHINGTON AVENUE AND WITHIN OPEN SPACE AREAS WITHIN THE METROPOLITAN WATER DISTRICT LAND ALONG PINE AVENUE.;AND (SCHEDULE 5, AD 1025)-WEST SIDE OF PALM AVENUE, SOUTH OF WASHINGTON AVENUE; PORTION OF WASHINGTON AVENUE,WEST OF PALM AVENUE,AND THE SOUTH SIDE OF RED SKY AVENUE,WITHIN TRACT NO. 15743;AND (SCHEDULE 6, AD 1028) - SOUTH SIDE OF OHIO AVENUE, WEST SIDE OF WALNUT AVENUE, EAST SIDE OF OLIVE AVENUE AND THE NORTH SIDE OF MEYERS ROAD,WITHIN TRACT NO. 14193;AND (SCHEDULE 7,AD 1030)-NORTH SIDE OF OHIO AVENUE,EAST OF MAGNOLIA AVENUE,AND THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF OHIO AVENUE;AND (SCHEDULE 8,AD 1031)-SOUTH OF BRENDA LANE,EAST OF OLIVE AVENUE WITHIN PORTIONS OF LOT"A"OF TRACT NO. 15407;AND (SCHEDULE 9,AD 1032)-NORTH SIDE OF VERDEMONT DRIVE,EASTERLY OF PALM AVENUE,WITHIN TRACT NO. 14352;AND A-1 (SCHEDULE 10,AD 1035-Z1)-EAST SIDE OF PALM AVENUE,THE SOUTH SIDE OF OHIO,THE NORTH SIDE OF MEYERS ROAD AND THE SLOPE ALONG THE SOUTHERLY BOUNDARY OF TRACT NO.13572, ALL WITHIN TRACT NO. 13572;AND (SCHEDULE 11,AD 1035-Z2)-WEST SIDE OF PALM AVENUE AT AKRON STREET WITHIN TRACT NO.15538;AND (SCHEDULE 12,AD 1037) -NORTH SIDE OF BELMONT AVENUE EAST OF MAGNOLIA AVENUE,THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF BELMONT AVENUE AND LOT 34,LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AVENUE AND MEYERS ROAD,ALL WITHIN TRACT NO. 13630;AND *(SCHEDULE 13, AD 1039) - BELMONT AVENUE, EAST OF MAGNOLIA AVENUE, PORTIONS OF MAGNOLIA AVENUE,SOUTH OF BELMONT AVENUE AND ALONG THE TRAIL SYSTEM ALONG LOS ROBLES WAY;AND (SCHEDULE 14,AD 1041) -EASTERLY SIDE OF MAGNOLIA AVENUE,PARKWAY AND SLOPE LANDSCAPING ON THE SOUTH SIDE OF OHIO AVENUE, LANDSCAPING AND DRAINAGE SWALES ON SLOPES ALONG THE SOUTHERLY SIDE OF LOTS 10 THROUGH 17, INCLUSIVE, AND THE EASTERLY SIDE OF LOT 10, AND THE LANDSCAPING AND DRAINAGE SWALE/ACCESS AREA BETWEEN THE SIDE YARDS OF LOTS 10 AND 11;AND (SCHEDULE 15,AD 1043-Z1) -WEST SIDE OF PALM AVENUE,THE NORTH SIDE OF IRVINGTON AVENUE AND ALONG PORTIONS OF THE NORTH AND SOUTH SIDE OF BLUE MOUNTAIN STREET ALL WITHIN THE BOUNDARIES OF TRACT NO. 15940;AND (SCHEDULE 16,AD 1043-Z2) -NORTH SIDE OF IRVINGTON AVENUE; THE EAST SIDE OF MOUNT CARMELA LANE,THE WEST SIDE OF OLIVE AVENUE,THE WEST SIDE OF EAGLES GLEN STREET, THE NORTH SIDE OF MUIR MOUNTAIN WAY, AND THE EAST AND WEST SIDES OF MT. MCKINLEY WAY, ALL WITHIN THE BOUNDARIES OF TRACT NO. 16457; AND (SCHEDULE 17, AD 1047) - NORTH SIDE OF OHIO AVENUE EAST OF PINE AVENUE AND LANDSCAPING, HARDSCAPE AND LOCAL TRAIL WITHIN A STRIP OF LAND, BEING THE SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT EASEMENT,ALONG THE NORTHWESTERLY PORTION OF LOTS 1 THROUGH 5,ALL WITHIN TRACT NO. 16547. A 10 FOOT WIDE THINNING AREA, ALONG THE WESTERLY PORTION OF SAID WATER DISTRICT EASEMENT WILL ALSO BE MAINTAINED;AND *(SCHEDULE 18,AD 1052) -BELMONT AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;PORTIONS OF VACATED CHESTNUT AVENUE,BETWEEN BELMONT AVENUE AND OHIO AVENUE,INCLUDING PORTIONS OF LOT"A"AS SHOWN ON THE MAP OF TRACT NO. 16795;PORTIONS OF OHIO AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;AND PORTIONS OF OFELIA DRIVE SOUTHWESTERLY OF LANDON DRIVE;AND (SCHEDULE 19,AD 1055) -EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO AVENUE WITHIN LOT A,LOT B,NORTHWESTERLY SLOPES OF LOTS 1 AND 19,ALL OF TRACT NO. 17716 AND WITHIN MWD PROPERTY LEASED BY THE CITY; AND THE MAINTENANCE OF FOUR STORM DRAIN CATCH BASINS WITH FILTRATION, LOCATED ADJACENT TO LOTS 5, 17,24,AND 36; AND (SCHEDULE 20,AD 1049(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS OF THE NORTHERLY SIDE OF OHIO AVENUE AND WITHIN SLOPES ALONG PORTIONS OF THE WESTERLY SIDE OF CHESTNUT AVENUE,AND ALSO INCLUDING A DRAINAGE CHANNEL NORTH OF TENTATIVE TRACT 14881;AND (SCHEDULE 21,AD 1051 (ADDITIVE NO.2))-ALONG A 3 FEET BY 230 FEET STRIP OF LAND LYING ON THE EAST SIDE OF OLIVE AVENUE AND ADJACENT TO LOTS 13 AND 14,ALL WITHIN TRACT NO. 17396;AND in accordance with (2015-16) Special Provisions No. 7034-B (SCHEDULE 1, AD 976), 7782-A (SCHEDULE 2, AD 991), 8301 (SCHEDULE 3, AD 997), 9494 (SCHEDULE 4, AD 1017), 9988A (SCHEDULE 5, AD 1025), 10487A (SCHEDULE 6, AD 1028), 10812A (SCHEDULE 7, AD 1030), 10811A(SCHEDULE 8,AD 1031), 11213A(SCHEDULE 9,AD 1032), 11233A(SCHEDULE 10,AD 1035-Z1), 11233A (SCHEDULE 11, AD 1035-Z2), 11217A (SCHEDULE 12, AD 1037), 11526A (SCHEDULE 13,AD 1039), 11761A(SCHEDULE 14,AD 1041), 11565A(SCHEDULE 15,AD 1043- Z1), 11565A (SCHEDULE 16, AD 1043-Z2), 11678A (SCHEDULE 17, AD 1047), 11959A A-2 (SCHEDULE 18,AD 1052), 11843B(SCHEDULE 19,AD 1055), 11873A(SCHEDULE 20,AD 1049 (ADDITIVE NO. 1)), 12055A(SCHEDULE 21,AD 1051 (ADDITIVE NO.2)) on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall. Deliver all bids to the City Engineer's Office,Third Floor,City Hall,300 North"D"Street,San Bernardino, California,with the specification title and number and"SEALED BID" 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 TUESDAY, JULY 21, 2015 at which time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's Conference Room. 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 often 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 awarded to him. In the event the bidder 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 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. Pursuant to law,the Mayor and Common Council of the City of San Bernardino,by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein,have ascertained and determined the general prevailing rate of per diem wages,and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the"Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates,in effect ten(10)days prior to the actual Bid Opening,which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California Government Code and Section 10263 of the California Public Contract Code. 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,workers,and mechanics employed by them in the execution of the contract,and to prevent discrimination in the employment of persons because of race, creed, color, national origin, sex, age, or marital status as set forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The term of the contract will continue from September 17,2015 to the termination date of January 31, 2017, renewable for up to a maximum of two(2)additional one year periods by mutual agreement between A-3 the Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such renewal. A MANDATORY Pre-Bid meeting will be held on TUESDAY, JULY 14, 2015, at 2:00 P.M., at the office of the City Engineer,City Hall,Third Floor,300 North"D"Street,San Bernardino,CA 92418. This meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and material supply opportunities and to make the prime contractor aware of the City's outreach program as it relates to minority hiring and participation.Bidder's attendance at this meeting is mandatory. Attendance and/or certification may be used as part of the good faith effort. There will also be a non-mandatory pre-bid field review, following the pre-bid meeting. Due to the large number of Assessments Districts, the field review may be continued the following day, at 9:00 am, commencing at the office of the City Engineer, Third Floor, 300 North "D" Street, San Bernardino, CA 92418. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. Any Contractor who has their contract terminated by the City for non-performance shall be deemed a "non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize themselves with all areas. The successful bidder will be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. Contractor must submit along with bid,copies of the California Agricultural Pest Control Certificate,(for the person(s)or firm performing the work),and copies of certificates for chemical applications from the County of San Bernardino. Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY's website at: www.ci.san-bemardino.ca.us/services/request for bids/public works/default.asp. Conversely,the Project documents are also available on CD,at no cost,if picked up in person. Upon request,a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one(1)business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. The Contractor shall possess a Class 11C-27" License at the time the contract is awarded. A-4 The Contractor shall furnish all equipment and supplies required to perform the specified items of work and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and healthy condition. Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of personnel and the names and telephone numbers of three (3) references for projects of a similar nature. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office Third Floor, San Bernardino City Hall 300 North"D" Street San Bernardino, CA 92418 Attention: Ryan Sandoval and/or Laszlo"Les" Fogassy Tel: (909) 384-5226/5026 Fax: (909) 384-5190 E-mail: Sandoval_ry@sbcity.org Fogassy_le @sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening,will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO City Clerk NOTICE TO ADVERTISE SPECIFICATION NO.-7034-B, 7782-A, 8301,9494, 9988A, 10487A, 10812A, 10811A, 11213A, 11233A, 11233A, 11217A, 11526A, 11761A, 11565A, 11565A, 11678A, 11959A, 11843B, 11873A, 12055A SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN DATE: June 22, 2015 & June 27, 2015 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE A-5 BID DOCUMENTS BID 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 instructions to bidders and the entire contract documents 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: (SCHEDULE 1, AD 976) - PINE AVENUE AND THE OPEN SPACE AREAS WITHIN METROPOLITAN WATER DISTRICT LAND LOCATED EAST OF AND ADJACENT TO PINE AVENUE, WALNUT AVENUE, OHIO AVENUE, BELMONT AVENUE,IRVINGTON AVENUE,THE DRAINAGE CHANNEL SOUTH OF TRACT 13028 AND 13036 AND IN LOT"A-A"OF TRACT 13036,THE SLOPE AREA SOUTH OF CHRISTINE STREET;AND (SCHEDULE 2, AD 991) - SOUTH SIDE OF VERDEMONT DRIVE, NORTH AND SOUTH SIDES OF GARFIELD AVENUE,NORTH SIDE OF OHIO AVENUE AND PORTION OF THE SOUTH SIDE OF OHIO AVENUE,ALL BETWEEN PALM AVENUE AND OLIVE AVENUE;WEST SIDE OF PALM AVENUE,SOUTH OF OHIO AVENUE AND THE SLOPE AREA SOUTH OF TRACT 13530(WEST OF PALM AVENUE);AND (SCHEDULE 3,AD 997)-NORTH SIDE OF IRVINGTON AVENUE,EAST OF CHESTNUT AVENUE;AND (SCHEDULE 4,AD 1017)-NORTH SIDE OF KENDALL DRIVE,EAST AND WEST OF PINE AVENUE;PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE, PORTIONS OF THE SOUTH SIDE OF IRVINGTON AVENUE,PORTIONS OF THE NORTH AND SOUTH SIDE OF WASHINGTON AVENUE AND WITHIN OPEN SPACE AREAS WITHIN THE METROPOLITAN WATER DISTRICT LAND ALONG PINE AVENUE.;AND (SCHEDULE 5, AD 1025)-WEST SIDE OF PALM AVENUE, SOUTH OF WASHINGTON AVENUE; PORTION OF WASHINGTON AVENUE,WEST OF PALM AVENUE,AND THE SOUTH SIDE OF RED SKY AVENUE,WITHIN TRACT NO. 15743;AND (SCHEDULE 6,AD 1028) - SOUTH SIDE OF OHIO AVENUE, WEST SIDE OF WALNUT AVENUE, EAST SIDE OF OLIVE AVENUE AND THE NORTH SIDE OF MEYERS ROAD,WITHIN TRACT NO. 14193;AND (SCHEDULE 7,AD 1030)-NORTH SIDE OF OHIO AVENUE,EAST OF MAGNOLIA AVENUE,AND THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF OHIO AVENUE;AND (SCHEDULE 8,AD 1031)-SOUTH OF BRENDA LANE,EAST OF OLIVE AVENUE WITHIN PORTIONS OF LOT"A"OF TRACT NO. 15407;AND (SCHEDULE 9,AD 1032)-NORTH SIDE OF VERDEMONT DRIVE,EASTERLY OF PALM AVENUE,WITHIN TRACT NO. 14352;AND (SCHEDULE 10,AD 1035-Z1)-EAST SIDE OF PALM AVENUE,THE SOUTH SIDE OF OHIO,THE NORTH SIDE OF MEYERS ROAD AND THE SLOPE ALONG THE SOUTHERLY BOUNDARY OF TRACT NO.13572, ALL WITHIN TRACT NO. 13572;AND (SCHEDULE 11,AD 1035-Z2)-WEST SIDE OF PALM AVENUE AT AKRON STREET WITHIN TRACT NO.15538;AND (SCHEDULE 12,AD 1037) -NORTH SIDE OF BELMONT AVENUE EAST OF MAGNOLIA AVENUE,THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF BELMONT AVENUE AND LOT 34,LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AVENUE AND MEYERS ROAD,ALL WITHIN TRACT NO. 13630;AND *(SCHEDULE 13, AD 1039) - BELMONT AVENUE, EAST OF MAGNOLIA AVENUE, PORTIONS OF MAGNOLIA AVENUE,SOUTH OF BELMONT AVENUE AND ALONG THE TRAIL SYSTEM ALONG LOS ROBLES WAY;AND B-1 (SCHEDULE 14,AD 1041) -EASTERLY SIDE OF MAGNOLIA AVENUE,PARKWAY AND SLOPE LANDSCAPING ON THE SOUTH SIDE OF OHIO AVENUE, LANDSCAPING AND DRAINAGE SWALES ON SLOPES ALONG THE SOUTHERLY SIDE OF LOTS 10 THROUGH 17, INCLUSIVE, AND THE EASTERLY SIDE OF LOT 10, AND THE LANDSCAPING AND DRAINAGE SWALE/ACCESS AREA BETWEEN THE SIDE YARDS OF LOTS 10 AND 11;AND (SCHEDULE 15,AD 1043-Z1) -WEST SIDE OF PALM AVENUE,THE NORTH SIDE OF IRVINGTON AVENUE AND ALONG PORTIONS OF THE NORTH AND SOUTH SIDE OF BLUE MOUNTAIN STREET ALL WITHIN THE BOUNDARIES OF TRACT NO. 15940; AND (SCHEDULE 16,AD 1043-Z2) -NORTH SIDE OF IRVINGTON AVENUE;THE EAST SIDE OF MOUNT CARMELA LANE,THE WEST SIDE OF OLIVE AVENUE,THE WEST SIDE OF EAGLES GLEN STREET, THE NORTH SIDE OF MUIR MOUNTAIN WAY, AND THE EAST AND WEST SIDES OF MT. MCKINLEY WAY, ALL WITHIN THE BOUNDARIES OF TRACT NO. 16457; AND (SCHEDULE 17, AD 1047) - NORTH SIDE OF OHIO AVENUE EAST OF PINE AVENUE AND LANDSCAPING, HARDSCAPE AND LOCAL TRAIL WITHIN A STRIP OF LAND, BEING THE SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT EASEMENT,ALONG THE NORTHWESTERLY PORTION OF LOTS 1 THROUGH 5,ALL WITHIN TRACT NO. 16547. A 10 FOOT WIDE THINNING AREA, ALONG THE WESTERLY PORTION OF SAID WATER DISTRICT EASEMENT WILL ALSO BE MAINTAINED;AND *(SCHEDULE 18,AD 1052) -BELMONT AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;PORTIONS OF VACATED CHESTNUT AVENUE,BETWEEN BELMONT AVENUE AND OHIO AVENUE,INCLUDING PORTIONS OF LOT"A"AS SHOWN ON THE MAP OF TRACT NO. 16795;PORTIONS OF OHIO AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;AND PORTIONS OF OFELIA DRIVE SOUTHWESTERLY OF LANDON DRIVE;AND (SCHEDULE 19,AD 1055) -EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO AVENUE WITHIN LOT A,LOT B,NORTHWESTERLY SLOPES OF LOTS 1 AND 19,ALL OF TRACT NO. 17716 AND WITHIN MWD PROPERTY LEASED BY THE CITY; AND THE MAINTENANCE OF FOUR STORM DRAIN CATCH BASINS WITH FILTRATION, LOCATED ADJACENT TO LOTS 5, 17,24,AND 36; AND (SCHEDULE 20,AD 1049(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS OF THE NORTHERLY SIDE OF OHIO AVENUE AND WITHIN SLOPES ALONG PORTIONS OF THE WESTERLY SIDE OF CHESTNUT AVENUE,AND ALSO INCLUDING A DRAINAGE CHANNEL NORTH OF TENTATIVE TRACT 14881;AND (SCHEDULE 21,AD 1051 (ADDITIVE NO.2))-ALONG A 3 FEET BY 230 FEET STRIP OF LAND LYING ON THE EAST SIDE OF OLIVE AVENUE AND ADJACENT TO LOTS 13 AND 14,ALL WITHIN TRACT NO. 17396;AND in accordance with (2015-16) Special Provisions No. 7034-B (SCHEDULE 1, AD 976), 7782-A (SCHEDULE 2, AD 991), 8301 (SCHEDULE 3, AD 997), 9494 (SCHEDULE 4, AD 1017), 9988A (SCHEDULE 5, AD 1025), 10487A (SCHEDULE 6, AD 1028), 10812A (SCHEDULE 7, AD 1030), 10811A(SCHEDULE 8,AD 1031), 11213A(SCHEDULE 9,AD 1032), 11233A(SCHEDULE 10,AD 1035-Z1), 11233A (SCHEDULE 11, AD 1035-Z2), 11217A (SCHEDULE 12, AD 1037), 11526A (SCHEDULE 13,AD 1039), 11761A(SCHEDULE 14,AD 1041), 11565A(SCHEDULE 15,AD 1043- Z1), 11565A (SCHEDULE 16, AD 1043-Z2), 11678A (SCHEDULE 17, AD 1047), 11959A (SCHEDULE 18,AD 1052), 11843B(SCHEDULE 19,AD 1055), 11873A(SCHEDULE 20,AD 1049 (ADDITIVE NO. 1)), 12055A(SCHEDULE 21,AD 1051 (ADDITIVE NO.2)) on file in the Office of the City Engineer,3rd Floor,San Bernardino City Hall,and also in accordance with Standard Specifications for Public Works Construction, current edition, as amended by the Special Provisions and "Landscape Cost Estimating"by Colton,current 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 therefore the following unit prices or lump sum prices, to-wit: B-2 PAGE 1 ACCOUNT NUMBER 254-150-0106-5506-1328 BID SCHEDULE PLAN NO. 7034-B (2015-16) SCHEDULE 1: ASSESSMENT DISTRICT NO. 976-PINE&BELMONT BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (95,300 sq.ft.f) the lump sum price of: $ 9,446.13 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (24,060 sq.ft.f) irrigation system,at the lump sum price of $ 2,044.13 3 1 L.S. Maintenance of drains and drainage channels at the L.S. lump sum price of: $ 707.04 4 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 1,647.16 5 1 L.S. Maintenance of unpaved roadbeds,landscaped traffic L.S. (15,668 sq.ft.) islands,medians and undeveloped open areas at the $ 408.11 lump sum price of: (TOTAL BASIC BID SCHEDULE 1 (A) $ 14 252.57 C-1 PAGE 2 ACCOUNT NUMBER 254-150-0106-5506-1328 BID SCHEDULE PLAN NO. 7034-B (2015-16) SCHEDULE 1: ASSESSMENT DISTRICT NO. 976-PINE&BELMONT SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat S 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 280.00 $ 8.00 $ 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads: Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads : Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 $ $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 1) �') $ 4,821.00 TOTAL BID : BASIC BID+ SUPPLEMENTAL (A+B) $ 19,073.57 ITEMS OF WORK(SCHEDULE 1) C-2 PAGE 3 ACCOUNT NUMBER 254-1.50-0106-5506-1335 BID SCHEDULE PLAN NO. 7782-A(2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO.991 -VERDEMONT&OLIVE BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundeover and L.S. (65,320 sq.ft.t) irrigation system,at the lump sum price of $ 5,549.58 2 1 L.S. Maintenance of drains and drainage channels at the L.S. lump sum price of $ 783.84 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 1,101.14 (TOTAL BASIC BID (A) $ 7,434.56 SCHEDULE 2 C-3 PAGE 4 ACCOUNT NUMBER 254-150-0106-5506-1335 BID SCHEDULE PLAN NO. 7782-A(2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 991 -VERDEMONT&OLIVE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each 49.50 $ 4.95 $ 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.300 $ 280.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 $ $ 25.00 10 48 HOURS, Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 2) (B) $ 4,681.00 TOTAL BID : BASIC BID +SUPPLEMENTAL (A+B) $ 12,115.56 ITEMS OF WORK(SCHEDULE 2) C-4 PAGE 5 ACCOUNT NUMBER 254-150-0106-5506-1335 BID SCHEDULE PLAN NO. 8301 (2015-16) SCHEDULE 3: ASSESSMENT DISTRICT NO. 997-IRVINGTON&CHESTNUT BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (17,868 sq.ft. i} irrigation system,at the lump sum price of 1,518.06 2 Maintenance of trees and irrigation system at the L.S. lump sum price of $ 296.57 ---- -- (TOTAL BASIC SID (A) 1,814.63 SCHEDULE3 C-5 PAGE 6 ACCOUNT NUMBER 254-150-0106-5506-1335 BID SCHEDULE PLAN NO. 8301 (2015-16) SCHEDULE 3: ASSESSMENT DISTRICT NO. 997-IRVINGTON&CHESTNUT SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity z Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 $ $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 $ $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads : Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 3) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 6,495.63 ITEMS OF WORK(SCHEDULE 3) C-6 PAGE 7 ACCOUNT NUMBER 254-150-0106-5506-6002 BID SCHEDULE PLAN NO. 9494(2015-16) SCHEDULE 4: ASSESSMENT DISTRICT NO. 1017-PINE&KENDALL BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (84,500 sq.ft.f) the lump sum price of: $ 6,375.64 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (101,500 sq.ft. irrigation system,at the lump sum price of: $ 10,623.44 f) 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of. $ 1,283.40 (TOTAL BASIC BID (SCHEDULE 4) (A) $ 18,282.48 C-7 PAGE 8 ACCOUNT NUMBER 254-150-0106-5506-6002 BID SCHEDULE PLAN NO. 9494 (2015-16) SCHEDULE 4: ASSESSMENT DISTRICT NO. 1017-PINE&KENDALL SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT, Replacement of Turf per sq.ft $ 70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat 450.00 $ 18.00 $ 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 140.00 $ 14.00 $ 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL 4,821.00 ITEMS OF WORK (SCHEDULE 4) (B) $ TOTAL BED : BASIC BID+SUPPLEMENTAL (A+B) $ 23,103.48 ITEMS OF WORK(SCHEDULE 4) C-8 PAGE 9 ACCOUNT NUMBER 254-150-0106-5506-6015 BID SCHEDULE PLAN NO. 9988A (2015-16) SCHEDULE 5: ASSESSMENT DISTRICT NO. 1025-PALM & WASHINGTON BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (18,150 sy.ft. �) irrigation system,at the lump sum price of $ 1,542.02 ? 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of. 350.47 (TOTAL BASIC BID (SCHEDULE 5) (A) S 1,892.49 C-9 PAGE 10 ACCOUNT NUMBER 254-150-0106-5506-6015 BID SCHEDULE PLAN NO. 9988A(2015-16) SCHEDULE 5: ASSESSMENT DISTRICT NO. 1025-PALM&WASHINGTON SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat 450.00 $ 18.00 $ 5 35 EACH Replacement of Sprinkler Heads :Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler I leads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 5) (B) $ 4,681.00 TOTAL BED : BASIC BID+ SUPPLEMENTAL (A+B) $ 6,573.49 ITEMS OF WORK SCHEDULE 5) C-10 PAGE I I ACCOUNT NUMBER 254-150-0106-5506-7273 BID SCHEDULE PLAN NO, 10487A(2016-16) SCHEDULE 6: ASSESSMENT DISTRICT NO. 1028-OLIVE&OHIO BASIC BID UNIT TOTAL ANNUAL ITEXI QUANTITY UNIT DESCRIPTIONOF ITEMS PRICE PRICE 1 I L.S. Maintenance of plants,shrubs,groundcover and L.S. (28.190 scl.ft,t) irrigation system,at the lump sum price of $ 2,395.02 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of. $ 389.02 (TOTAL BASIC BID (SCHEDULE 6) (A) 1 $ 2,784.04 C-I 1 PAGE 12 ACCOUNT NUMBER 254-150-0106-5506-7273 BID SCHEDULE PLAN NO. 10487A(2015-16) SCHEDULE 6: ASSESSMENT DISTRICT NO. 1028-OLIVE&OHIO SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each 49.50 $ 4.95 $ 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 280.00 $ 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 I IOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 1,188.00 TOTAL SUPPLEMENTAL (B) $ 4,681.00 ITEMS OF WORK (SCHEDULE 6) TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 7,465.04 ITEMS OF WORK(SCHEDULE 6) C-12 PAGE 13 ACCOUNT NUMBER 254-150-0106-5506-6018 BID SCHEDULE PLAN NO. 10812A(2015-16) SCHEDULE 7: ASSESSMENT DISTRICT NO. 1030—OHIO&MAGNOLIA BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (22,425 sq.f1.t) irrigation system,at the lump sum price of $ 1,906.00 2 I L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of. $ 359.46 (TOTAL BASIC BID (A) $. 2,265.46 SCHEDULE 7) C-13 PAGE 14 ACCOUNT NUMBER 254-150-0106-5506-6018 BID SCHEDULE PLAN NO. 10812A(2015-16) SCHEDULE 7: ASSESSMENT DISTRICT NO. 1030-OHIO&MAGNOLIA SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(I gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 280.00 $ 8.00 $ 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, l2"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 7) (B) $ 4,681.00 TOTAL BID : BASIC BID+ SUPPLEMENTAL (A+B) $ ITEMS OF WORK(SCHEDULE 7) 6,946.46 C-14 PAGE 15 ACCOUNT NUMBER 254-150-0106-5506-6019 BID SCHEDULE PLAN NO. 10811 A (2015-16) SCHEDULE 8: ASSESSMENT DISTRICT NO. 1031 —IRVINGTON&OLIVE BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (80,000 sq.ft. t) the limp sum price of: $ 7,929.60 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (16,000 sq.ft.i) irrigation system,at the lump sum price of $ 1,359.36 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 662.40 (TOTAL BASIC BID SCHEDULE S (A) $ 9,951.36 C-15 PAGE 16 ACCOUNT NUMBER 254-150-0106-5506-6019 BID SCHEDULE PLAN NO. 10811A(2015-16) SCHEDULE 8: ASSESSMENT DISTRICT NO. 1031 —IRVINGTON&OLIVE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT. Replacement of Turf per sq.ft $ 70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ $ 450.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 140.00 S $ 10 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL 4,821.00 ITEMS OF WORK (SCHEDULE 8) (B) $ TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 14,772.36 ITEMS OF WORK(SCHEDULE 8 C-16 PAGE 17 ACCOUNT NUMBER.254-150-0106-5506-6020 BID SCHEDULE PLAN NO. 11213A(2015-16) SCHEDULE 9: ASSESSMENT DISTRICT NO. 1032—VERDEMONT&PALM BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (21,280 sq.ft.t} irrigation system,at the lump sum price of: $ 1,808.00 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 293.66 (TOTAL BASIC BID (A) $ 2,101.66 (SCHEDULE 9) C-17 PAGE 18 ACCOUNT NUMBER 254-150-0106-5506-6020 BID SCHEDULE PLAN NO. 11213A(2015-16) SCHEDULE 9: ASSESSMENT DISTRICT NO. 1032-VERDEMONT&PALM SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 9) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 6,782.66 ITEMS OF WORK(SCHEDULE 9) C-18 PAGE 19 ACCOUNT NUMBER 254-150-0106-5506-6021 BID SCHEDULE PLAN NO. 11233A(2015-16) SCHEDULE 10: ASSESSMENT DISTRICT NO. 1035-Z1 -PALM &OHIO BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (32.248 sy.11. t) irrigation system,at the lump sum price of: $ 2,740.00 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 445.00 (TOTAL BASIC BID SCHEDULE 10 (A S 3,185.00 C-19 PAGE 20 ACCOUNT NUMBER 254-150-0106-5506-6021 BID SCHEDULE PLAN NO. 11233A(2015-16) SCHEDULE 10: ASSESSMENT DISTRICT NO. 1035-Z1 -PALM&OHIO SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity z Unit ITEM OUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 350.00 $ 10.00 $ 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ $ 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 24.75 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 10) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 7,866.00 ITEMS OF WORK(SCHEDULE 10) C-20 PAGE 21 ACCOUNT NUMBER 254-150-0106-5506-6033 BID SCHEDULE PLAN NO. 11233A(2015-16) SCHEDULE 11: ASSESSMENT DISTRICT NO. 1035 Z2—PALM&AKRON BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 l L.S. Maintenance of plants,shrubs,groundcover and L.S. (1,650 sy.ft.}) irrigation system,at the lump sum price of: $ 150.18 2 1 L,.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 72.77 (TOTAL BASIC BID j (A) $ 222.95 (SCHEDULE 11) C-21 PAGE 22 ACCOUNT NUMBER 254-150-0106-5506-6033 BID SCHEDULE PLAN NO. 11233A(2015-16) SCHEDULE 11: ASSESSMENT DISTRICT NO. 1035-Z2-PALM&AKRON SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 65.00 $ 1,950.00 $ 2 10 EACH Replacement of Shrubs(1 gal.)per each 4.95 $ 49.50 $ 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 280.00 $ 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 120.00 $ 12.00 $ 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each 25.00 g 5.00 $ 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 11) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 4,9030.95 ITEMS OF WORK(SCHEDULE 11) C-22 PAGE 23 ACCOUNT NUMBER 254-150-0106-5506-6024 BID SCHEDULE PLAN NO. 11217A(2015-16) SCHEDULE 12:ASSESSMENT DISTRICT NO. 1037—BELMONT&MAGNOLIA BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (10,086 sq.ft. the lump sum price of: $ 999.72 2 l L.S. Maintenance of plants,shrubs,groundcover and L.S. (19,121 sq.ft. t) irrigation system,at the lump sum price of: $ 1,624.52 3 1 L.S. Maintenance of trees and irrigation system at the L. . lump sum price of: $ 403.05 (TOTAL BASIC BID -7 31 -7'1 SCHEDULE 12 (A) $ 5� C-23 PAGE 24 ACCOUNT NUMBER 254-150-0106-5506-6024 BID SCHEDULE PLAN NO. 11217A(2015-16) SCHEDULE 12: ASSESSMENT DISTRICT NO. 1037-BELMONT&MAGNOLIA SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 1,950.00 $ 65.00 $ 2 200 SQ.FT. Replacement of Turf per sq.ft 140.00 $ .70 $ 3 10 EACH Replacement of Shrubs(1 gal.)per each 49.50 $ 4.95 $ 4 10 EACH Replacement of Shrubs(5 gal.)per each 128.50 $ 12. $ 5 25 FLAT Replacement of Ground Cover per flat 450.00 $ 18.00 $ 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 280.00 $ 8.00 $ 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 12) (B) $ 4,821.00 TOTAL BID : 7410PAT5V.=5 BASIC BID+SUPPLEMENTAL (A+B) $--7,84:7.67 ITEMS OF WORK(SCHEDULE 12) C-24 PAGE 25 ACCOUNT NUMBER 254-150-0106-5506-6026 BID SCHEDULE PLAN NO. 11526A(2015-16) SCHEDULE 13; ASSESSMENT DISTRICT NO. 1039—BELMONT&MAGNOLIA BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (6,000 sq.ft.f) the lump sum price of: $ 894.72 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (34,425 sq.ft.f) irrigation system,at the lump sum price of: $ 2,984.74 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 675.00 4 1 L.S. Maintenance of hardscaped areas,monument signs, L.S. ($39,975 sq.ft.) trail system including sweeping and blowing of asphalt areas and raking of D.G.portions of trail,and $ appurtenant lighting at the lump sum price of: 3,310.00 (TOTAL BASIC BID (A) $ 7,864.46 (SCHEDULE 13) C-25 PAGE 26 ACCOUNT NUMBER 254-150-0106-5506-6026 BID SCHEDULE PLAN NO. 11526A(2015-16) SCHEDULE 13: ASSESSMENT DISTRICT NO. 1039-BELMONT&MAGNOLIA SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 120.00 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 1,188.00 $ 24.75 $ 12 50 L.F. Repair of vinyl trail separation fencing per lineal foot $ 6.00 $ 300 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 13) (B) $ 5,121.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 12,985.46 ITEMS OF WORK(SCHEDULE 13) C-26 PAGE 27 ACCOUNT NUMBER 254-150-0106-5506-6028 BID SCHEDULE PLAN NO. 11761A(2015-16) SCHEDULE 14: ASSESSMENT DISTRICT NO. 1041 —MAGNOLIA&OHIO BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 l L.S. Maintenance of plants,shrubs,groundcover and L.S. (46,771 sq.ft.t) irrigation system,at the lump sum price of $ 3,973.66 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 645.43 (TOTAL BASIC BID ( (SCHEDULE 14) (A) $ 4,619.09 C-27 PAGE 28 ACCOUNT NUMBER 254-150-0106-5506-6028 BID SCHEDULE PLAN NO. 11761A(2015-16) SCHEDULE 14: ASSESSMENT DISTRICT NO. 1041 —MAGNOLIA&OHIO SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each 128.50 $ 12.85 $ 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per how 24.75 $ $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 14) (B) $ 4,681.00 TOTAL BED : BASIC BID+SUPPLEMENTAL (A+B) $ 9,300.09 ITEMS OF WORK(SCHEDULE 14) C-28 PAGE 29 ACCOUNT NUMBER 254-150-0106-5506-6030 BID SCHEDULE PLAN NO. 11565A(2015-16) SCHEDULE 15:ASSESSMENT DISTRICT NO. 1043-Z1-PALM&IRVINGTON BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (22,770 sq.fl.*) irrigation system,at the lump sum price of $ 1,934.53 3 1 L.S. Maintenance of trces and irrigation system at the L.S. lump sum price of $ 314.22 (TOTAL BASIC BID (SCHEDULE 15 (a) $ 2,248.75 C-29 PAGE 30 ACCOUNT NUMBER 254-150-0106-5506-6030 BID SCHEDULE PLAN NO. 11565A(2015-16) SCHEDULE 15: ASSESSMENT DISTRICT NO. 1043-Z1 -PALM&IRVINGTON SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each S.65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, 12.00 etc.,per each $ $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 24.75 $ $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 15) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 6,929.75 ITEMS OF WORK(SCHEDULE 15) C-30 PAGE 31 ACCOUNT NUMBER 254-150-0106-5506-6031 BID SCHEDULE PLAN NO. 11565A(2015-16) SCHEDULE 16: ASSESSMENT DISTRICT NO. 1043-22—IRVINGTON&OLIVE BASIC BID UNIT TOTAL ANNUAL ITE,W QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (46,495 sq.ft.f) irrigation system,at the lump sum price of: $ 3,950.00 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 650.00 (TOTAL BASIC BID (A) 4,600.00 SCHEDULE 15 C-31 PAGE 32 ACCOUNT NUMBER 254-150-0106-5506-6031 BID SCHEDULE PLAN NO. 11565A(2015-16) SCHEDULE 16: ASSESSMENT DISTRICT NO. 1043-Z2-IRVINGTON&OLIVE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 $ $ 280.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 $ $ 350.00 7 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 140.00 9 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 25.00 $ 5.00 $ 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 16) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 9,281.00 ITEMS OF WORK(SCHEDULE 16) C-32 PAGE 33 ACCOUNT NUMBER 254-150-0106-5506-6038 BID SCHEDULE PLAN NO. 11678A(2015-16) SCHEDULE 17: ASSESSMENT DISTRICT NO. 1047-OHIO&PINE BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (14,205 sq.ft.f) irrigation system,at the lump sum price of 1,206.85 2 1 L.S. Maintenance of fuel-modification thinning area at the L.S. (2,102 sq. ft.f) lump sum price of: $ 497.00 3 1 L.S. Maintenance of D.G.trail including raking of trail L.S. (14,668 sq.ft.f) and hardscaping,at the lump sum price of: $ 1,012.00 4 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of 325.00 (TOTAL BASIC BID (A) $ (SCHEDULE 17 C-33 PAGE 34 ACCOUNT NUMBER 254-150-0106-5506-6038 BID SCHEDULE PLAN NO. 11678A(2015-16) SCHEDULE 17: ASSESSMENT DISTRICT NO. 1047—OHIO&PINE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 g 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 7 10 EACH Replacement of Sprinkler Heads: Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads:'Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 1,188.00 $ 24.75 $ TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 17) (B) $ 4,681.00 TOTAL BID : BASIC BID+ SUPPLEMENTAL (A+B) $ 7,721.85 ITEMS OF WORK(SCHEDULE 17) C-34 PAGE 35 ACCOUNT NUMBER 254-150-0106-5506-6045 BID SCHEDULE PLAN NO. 11959A(2015-16) SCHEDULE 18:ASSESSMENT DISTRICT NO. 1052-BELMONT&OHIO BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE t 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (32,519 sq.ft.t) irrigation system,at the lump sum price of $ 3,198.00 2 I L.S. Maintenance of trees and irrigation system at the L.S. (132 Trees) lump sum price of: $ 998.76 3 1 L.S. Maintenance of hardscaped areas,monument signs, L.S. ($21,313 sq.ft.) trail system including sweeping and blowing of asphalt areas and raking of D.G.portions of trail, and appurtenant lighting at the lump sum price of $ 982.35 (TOTAL BASIC BID -5,M- SCHEDULE 18) (A) $—� "5•'i C-35 PAGE 36 ACCOUNT NUMBER 254-150-0106-5506-6045 BID SCHEDULE PLAN NO. 11959A (2015-16) SCHEDULE 18: ASSESSMENT DISTRICT NO. 1052—BELMONT&OHIO SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 1,950.00 $ 65.00 $ 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXT RA WORK per hour $ 24.75 $ 1,188.00 12 50 L.F. Repair of vinyl trail separation fencing per 300.00 lineal foot 6.00 $ $ TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 18) (B) $ 4,98100 TOTAL BID : tot((00,.` BASIC BID+SUPPLEMENTAL (A+B) $ X6:98 s ITEMS OF WORK(SCHEDULE 18) C-36 PAGE 37 ACCOUNT NUMBER 254-150-0106-5506-6048 BID SCHEDULE PLAN NO. 11843B(2015-16) SCHEDULE 19: ASSESSMENT DISTRICT NO. 1055-PINE&OHIO BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (71,270 sq.ft.f) the lump sum price of: $ 7,065.00 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (49,410 sq.ft.f) irrigation system,including DG trail,at the lump sum $ price of 4,897.87 3 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (3,720 sq.ft.f) irrigation system within slopes in Lots 1 and 19 $ 616.00 4 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 1,716.72 (TOTAL BASIC BID SCHEDULE 19 (A) $ C-37 PAGE 38 ACCOUNT NUMBER 254-150-0106-5506-6048 BID SCHEDULE PLAN NO. 11843B (2015-16) SCHEDULE 19: ASSESSMENT DISTRICT NO. 1055—PINE&OHIO SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1950.00 2 200 SQ.FT. Replacement of Turf per sq.ft 140.00 $ .70 $ 3 20 EACH Replacement of Shrubs(1 gal.)per each 99.00 $ 4.95 $ 4 20 EACH Replacement of Shrubs(5 gal.)per each 12.85 $ $ 257.00 5 50 FLAT Replacement of Ground Cover per flat $ 18.00 $ 900.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 350.00 $ $ 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 15 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 75.00 11 96 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 2,475.00 $ 2,376.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 19) (B) $ 6,687.00 TOTAL BED : $ ZA q I Z. BASIC BID+SUPPLEMENTAL (A+B) —�e�a3�-ees• ITEMS OF WORK SCHEDULE 19) C-38 PAGE 39 ACCOUNT NUMBER 254-150-0106-5506-6040 ADDITIVE NO. 1 BID SCHEDULE PLAN NO. 11873A(2015-16) SCHEDULE 20: ASSESSMENT DISTRICT NO. 1049—OHIO&CHESTNUT BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 I L.S. Maintenance of plants,shrubs,groundcover and L.S. (7,788 sqK 1:) irrigation system,at the lump sum price of: $ 661.00 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 160.00 3 1 L.S. Maintenance of the concrete drainage channel L.S. easement northerly of the Tract. $ 400.00 (TOTAL BASIC BID (A) 1,221.00 SCHEDULE 20 C-39 PAGE 40 ACCOUNT NUMBER 254-150-0106-5506-6040 ADDITIVE NO. 1 BID SCHEDULE PLAN NO. 11873A(2015-16) SCHEDULE 20: ASSESSMENT DISTRICT NO. 1049—OHIO&CHESTNUT SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(I gal.)per each 49.50 $ 4.95 $ 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 350.00 7 10 EACH Replacement of Sprinkler Heads: Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 s 120.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK SCHEDULE 20) (B) $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 5,902.00 ITEMS OF WORK(SCHEDULE 20) C-40 PAGE 41 ACCOUNT NUMBER 254-150-0106-5506-6042 ADDITIVE NO.2 BID SCHEDULE PLAN NO. 12055A(2015-16) SCHEDULE 21: ASSESSMENT DISTRICT NO. 1051—OLIVE&BELMONT BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 2 l L.S. Maintenance of plants,shrubs,groundcover and L.S. (690 sq.ft.+) irrigation system,at the lump sum price of $ 98.00 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 22.00 (TOTAL BASIC BID (A) $ 120.00 (SCHEDULE 21) C-41 PAGE 42 ACCOUNT NUMBER 254-150-0106-5506-6042 ADDITIVE NO.2 BID SCHEDULE PLAN NO. 12055A(2015-16) SCHEDULE 21: ASSESSMENT DISTRICT NO. 1051 —OLIVE&BELMONT SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 to EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 350.00 $ $ 7 10 EACH Replacement of Sprinkler Heads: Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 8 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 140.00 $ 14.00 $ 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 24.75 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 21) �� $ 4,681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 4,801.00 ITEMS OF WORK(SCHEDULE 21) C-42 C-43 BID SUMMARY BID SUMMARY ALL SCHEDULES Indicate Total Bid for each schedule in the spaces provided and the total of all schedules. TOTAL BID: SCHEDULE 1-AD 976 $ 19,073.57 TOTAL BID: SCHEDULE 2-AD 991 $ 12,115.56 TOTAL BID: SCHEDULE 3-AD 997 $ 6,495.63 TOTAL BID: SCHEDULE 4-AD 1017 $ 23,103.48 TOTAL BID: SCHEDULE 5-AD 1025 $ 6,573.49 TOTAL BID: SCHEDULE 6-AD 1028 $ 7,465.04 TOTAL BID: SCHEDULE 7-AD 1030 $ 6,946.46 TOTAL BID: SCHEDULE 8-AD 1031 $ 14,772.36 TOTAL BID: SCHEDULE 9-AD 1032 $ 6,782.66 TOTAL BID: SCHEDULE 10-AD 1035-Z1 $ 7,866.00 TOTAL BID: SCHEDULE 11-AD 1035-Z2 $ 4,903.95 TOTAL BID: 375 SCHEDULE 12-AD 1037 TOTAL BID: SCHEDULE 13-AD 1039 $ 12,985.46 TOTAL BID: SCHEDULE 14-AD 1041 $ 9,300.09 TOTAL BID: SCHEDULE 15-AD 1043-Z1 $ 6,929.75 TOTAL BID: SCHEDULE 16-AD 1043-Z2 $ 9,281.00 TOTAL BID: SCHEDULE 17-AD 1047 $ 7,721.85 TOTAL BID: _tg@p T S SCHEDULE 18-AD 1052 $ I*,'r-0-1- TOTAL BID: Z•V_ SCHEDULE 19-AD 1055 $ � SUBTOTAL: TOTAL BIDS-SCHEDULES 1 THROUGH 19 (A) $ 201 306.92 TOTAL BID ADDITIVE NO. 1 SCHEDULE 20-AD 1049 (B) $ 5,902.00 C-44 TOTAL BID ADDITIVE NO.2 $ 4,801.00 SCHEDULE 21-AD 1051 (C) TOTAL BID FOR CONTRACT SUM OF ALL SCHEDULES: (A+B+C) $ NOTE: THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE NO. I (SCHEDULE 20) AND/OR ADDITIVE NO. 2 (SCHEDULE 21) ANYTIME DURING THE TERM OF THIS CONTRACT, OR NOT TO COMMENCE ANY MAINTENANCE. IF MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE TERM OF THIS CONTRACT,TOTAL PAYMENT AMOUNT FOR BASIC BID SHALL BE PRORATED ACCORDINGLY. BASIS OF AWARD OF CONTRACT:THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE TOTAL SUM OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK(A)OR THE TOTAL SUM OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF ADDITIVE NO. 1 (B)AND ADDITIVE NO, 2(C) (A+B+C). BIDDER MUST SUBMIT BIDS FOR BOTH THE BASIC AND SUPPLEMENTAL ITEMS OF WORK FOR ALL SCHEDULES INCLUDING ADDITIVE NO.I AND NO.2. C-45 BID NOTES: 1. The total price must be extended for each item of work and the total of all items inserted in the space provided. 2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work. 3. An estimate of the square footage involved in each Basic Bid item has been provided to assist the Contractor but are not to be construed as actual quantities. The Contractor,by submitting bid,has satisfied themselves of the actual character and quantity of work and the price bid will be for the lump sum unit price. 4. An estimate of the quantities involved in each Supplemental Items of Work item has been included for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit price for increased or decreased quantities. C-46 BIDDER'S INFORMATION AND SIGNATURE It is the understanding of the undersigned that the work hereinabove described shall be commenced on, September 17,2015 except as previously noted, and shall continue in a good and workmanlike manner for the term of the contract. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guarantee accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. 802299 CLASSIFICATION C-27 C61/D49 FIRM NAME: Inland Empire LandscapeTInc- BUSINESS ADDRESS: 9 56 Kern- 1- San Demariinn Ga. 99407 SIGNATURE OF BIDDER: Z If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals,co-partners composing the firm. If a corporation,state legal name of the corporation,also the names of the president, secretary, treasurer and manager thereof. Inland Fmpirp I andgrapp Inr. Inal 1h arm Prestriant InPI Iharra- SPrrptary InPl Iharra Traaciirar Telephone No. ( canal 473-9066 Dated July 20 , 201_ BIDDERS ACKNOWLEDGEMENT OF ADDENDUM: ADDENDUM NO. I DATE: ADDENDUM NO.2 DATE: ADDENDUM NO. 3 DATE: C-47 Inland Empire Landscape, Inc. BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of the Public Contract 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. Name&Address Under Which Agency&No.of Subcontractor MBE/WBE CERT. Sub-Contractor Sub-Contract Specific Licensed ([f Applicable) Phone No. Amount Sub-contract 1. N/A 2, 3. 4. 5. 6. D-1 WORKER'S COMPENSATION MURANCE CERTIFICATION 1 am aware of,and will comply with,Section 3700 of the Labor Code,requiring every employer to be insured against liability for Workers'Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM: Inland Empire Landscape , Inc. gy; Joel lbarra TITLE: President DATE: July 20 2015 E-I (This affidavit shall be executed by all bidders at the time of bid submittal.Failure to execute the affidavit on this page will result in rejection of bid) NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California,Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: The he/she has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Name Inland Empire Landscape Inc Business Address 2456 Kern St San Bernardino Ca. 92407 Signature of Bidder Printed Name&Title Jnpl Iharra- erps,ident San Bernardino Place of Residence State of California County of ,an Rarn;;rd nn Subscribed and sworn to (or affirmed)before me on this 2_day of luly , 2015, by Joel Ibarra ,proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (Seal) Signature F-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I Fdocument ublic or other officer completing this certificate verifies only the identity of the individual who signed the 1 to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ii CALIFORNIA Riverside On July 21, 2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as it appears on the official seal j it personally appeared Joel Ibarra — Name(s)of Signer(s) (l ( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the j within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the I � C �� person(s), or the entity upon behalf of which the person(s) i SUSAN COMM. 2033248 acted, executed the instrument. NCMY u�t RIVERSIDE I certify under PENALTY OF PERJURY under the laws of My Cw&E* JULY 1 4017 the State of California that the foregoing paragraph is true and correct. l Witness my h d and official seal. l' _ __ Signature _- E -signature of Notary Public p Place Notary Seal Above ry Susan C. Monteon i OPTIONAL - 1, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. ii Description of Attached Document �i Title or Type of Document: j Document Date: Number of Pages: I Signer(s) Other Than Named Above: _ _._______.___._.__ -__.--_....... - j 'i i li Capacity(ies)Claimed by Signer(s) 31 �!!I 3i Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer —Title(s): i( E] Corporate Officer—Title(s): ❑ p -------------- ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General Wthumb❑ Attorney in Fact - ❑ Attorney in Fact ❑ Trustee • ❑ Trustee Top of thumb here Guardian or Conservator To of here Guardian or Conservator ❑ p i ❑ Other: ❑ Other: i Signer is Representing: Signer is Representing: 1, I � Bond Number: CDGB103787 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, _- State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. ^as Principal,and Contractor Managing General Insurance Agency,Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 as Surety,are hereby and firmly bound unto the City of San Bernardino State of California, hereinafter referred to as"Obligee"in the penal sum often percent l 10%1 of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS,the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made apart hereof to enter into a contract in writing,for the --- Maintenance of Landscaping and Appurtenant Facili ies in Portions as outlined-Area._A __. (Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on July 21, 2015 _ (Insert date of opening) NOW,THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension,`Owner and Contractor shall obtain the Surety's consent of an extension of acceptance of the bid beyond ninety(90)days. Signed,this 20th day of July 20 15 IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. (SEAL) Contractor M4General, rance Agency,I nc_(SEAL) Principa n'By: By:ignature ature Stephanie Hope Shear,Attorney-In-Fact Printed Name and Title Printed Name and Title NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. F-2 ""If awarded this Project,The term of the Performance/Payment bonds is for one(1)year only.Option renewal years will be approved by the surety company and extended at their sole discretion. Bond No.: CDGB103787 Premium:N/A Taxes & Fees: N/A State National Insurance Company,Inc.Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSI.RANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,the following bond described as: Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined -Area A for Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof.. which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these present,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 24th day of March,2014. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter,President Trace Ledbetter,Secretary STATE OF TEXAS County of Tarrant On this24th day of March, 2014 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. f- ;pq Mindy Davis` ms`s State 4r Snce of Tema A—L11+A i F Comm.Esp.04-21-15 ------------ [Notary Stamp] Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attested the seal of said Company this�hday of kd� ,2015 Trace Ledbetter,Secretary C M G I A-S N I C-S U R-014-03/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :��,��,s.� rhr_�;c,��,��e,�r�r�r�r�.�. e,c s�.M� .�.r.�c.�e,�.�:r.:e��.�.�.�,cr.��•c�.cra:r�,t>r��,sr.,cr�s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On JUL before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. Commission # 1987675 a -m Notary Public-California i WITNESS hand and.o icial seal. Z Y' Los Angeles County My Comm.Expires Sep 7,2016 Signat Signaturb f Notes ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): L]Corporate Officer — Title(s): 1. Partner — u Limited a General Partner — Limited ❑ General � Individual ❑Attorney in Fact Individual Attorney in Fact El Trustee ❑Guardian or Conservator Trustee Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT [ [document otary public or other officer completing this certificate verifies only the identity of the individual who signed the to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ' County of Riverside I On July 21,2015 before me, Susan C. Monteon Notary Public, !' Date Insert Name of Notary exactly as it appears on the official seal personally appeared Joel Ibarra ;I; Name(s)of Signer(s) ' l r I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they I executed the same in his/her/their authorized capacity(ies), ! and that by his/her/their signature(s) on the instrument the i person(s), or the entity upon behalf of which the person(s) a acted, executed the instrument. SUSAN C.MONTEON It t Cpml.*203324$ m I certify under PENALTY OF PERJURY under the laws of , Natay pubii�C+ the State of California that the foregoing paragraph is true {{ lu Rty�{SIDECOUNTY and correct. MY Comm.Evs. JULY 13,2017 Witness my hand and official seal. Signat Place Notary Seal Above ure Jignature of Notary Public Susan C. Monteon ! iq OPTIONAL Though the information could prevent fraudulent g removal and and reattachment of the valuable form to another lydocument.document Description of Attached Document !�I Title or Type of Document: ; - -- 9 Document Date: Number of Pages: !; � 1 'L Signer(s) Other Than Named Above: ------- li Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ individual ;Ir Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): — ❑ Partner El Limited ❑General ❑ Partner ❑Limited 71 General ❑ Attorney in Fact •■- ❑ Attorney in Fact Trustee • ❑ Trustee F-1 F-1, Guardian or Conservator I Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: E] Other: Signer is Representing: j Signer is Representing: li Inland Empire Landscape, Inc. BIDDER'S FIRM NAME MBE/WBE INFORMATION - GOOD FAITH EFFORTS The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women Business Enterprise(WBE) Goal of 5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement N/A B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names ofMBEIWBE Initial Solicitation Follow Up Methods Solicited Dates and Dates N/A C. The items of work which the bidder made available to MBE/WBE firms,including,where appropriate, any breaking down of the contract work items(including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WBE firms. Items of Work Breakdown of Items N/A G-1 D. The names,addresses and phone numbers of rejected MBE/WBE firms,the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work(please attach copies of quotes from the firms involved): Firms Rejected N/A Firms Selected N/A E. Efforts made to assist interested MBE/WBEs in obtaining bonding,lines of creditor insurance,and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBEs: N/A F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment,supplies,materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G-2 G. The names of agencies,organizations or groups contacted to provide assistance in contacting,recruiting and using certified MBEs/WBE firms(please attach copies of requests to agencies or organizations,and any responses received,i.e.,lists,Internet page download,etc.): Name of Method/Date Results Agencv/f)rganizaIion of Contact of Contact N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): G-3 Inland Fmnira 1 a dsrape, Inc BIDDER'S FIRM NAME REFERENCES Date: July 20.2015 The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Public Agency's Contract Name,Title Name&Address Type of Project Contract Amount Date Completed &Phone Number 1. City of Rialto Annual Landsc pe & $,,5§5 In Progress Sam Sung______ _. 150 S. Palm Ave General Maint. Services .Landscape Contract Admin. Rialto, Ca 92407 (909-)77 -?635 2. City _of Riverside_Public Landscape&General $__372,000.00 _[I?ogress_ _ Robert Filiar Works Division Maint Services Ci._ityLandscape Inspector 1900 Main Street 4951)712-4365 Riverside,_.Ca_9250.1._______ 3. City of San Bernardino Landscape Maintenance$ 548.400.00 In PrQgr-ess _ Iim Tickemyer___ 300 North D St. Full Service Park3uperintPndent San Bernardino, Ca 92418 (951)544-R96R___ H-1 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS SECTION 1 SPECIFICATIONS AND PLANS 1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction,current edition,amended by any Special Provisions set forth herein,the"Landscape Cost Estimating"by Colton,and in accordance with the following Special Provisions. 1-13 DEFINITIONS--Whenever in the Standard Specifications the following terms are used,they shall be understood to mean and refer to the following: Agency/Owner-The City of San Bernardino. Board -The Mayor and Common Council for the City of San Bernardino. Engineer -The City Engineer, Department of Public Works for the City of San Bernardino or authorized designee. Inspector -Authorized designee of the Engineer. 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,current edition. Landscape Cost Reference - "Landscape Cost Estimating" by Colton, current edition. Other terms appearing in the Standard Specifications, 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. 1-C LIGHTING--Repair,replacement and maintenance of all street lighting shall be the responsibility of the City and is not a part of this contract. 1-1) TOT LOT EQUIPMENT--Repair,replacement and maintenance of all Tot Lot equipment,if any, shall be the responsibility of the City and is not a part of this contract. SP-1 SECTION 2 BID REQUIREMENTS AND CONDITIONS 2-A GENERAL --Bids must be submitted on the bid form contained herein. All bids or bids 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 and the Mayor is authorized to execute the contract. In the event the bidder whose bid 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 bid 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. 2-11 MINORITY AND WOMEN'S BUSINESS ENTERPRISES--A policy for establishing goals for participation of minority and Women's Business Enterprise(MBE/WBE)was adopted by Resolution No.95- 409 by the mayor and Common Council of the City of San Bernardino,on 11-20-95.This outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15% MBE and 5% WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises(MBEs),Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reachout to MBEs,WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings,if any,scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs,WBEs and other business enterprises. The bidder shall,when economically feasible,divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs,having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances,the bidder must document that invitations for sub-contracting bids were sent to available MBEs,WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs,WBEs and other business enterprises not less than fifteen days prior to the submission of bids. SP-3 (8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises,as determined by the city. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub-contractors,failure to meet those levels shall not be a basis for disqualification of the bidder.A determination of the adequacy of a bidders'good faith effort must be based on due consideration of the indicia of good faith as set forth above, In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above,the City shall, if requested,and prior to the award of the contract,afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with"minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately,and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-4 SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-A GENERAL -- The bidder whose bid 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 and authorizing the City Manager 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-B 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.In lieu of the Bond as referenced above,the Contractor may deposit with the City a cash amount equal to S 100 or ten percent(10%) of the total amount bid for the first year's maintenance,whichever is greater. The amount so deposited shall be retained by the City of San Bernardino and will be returned to the Contractor upon completion of the term of the contract. There will be no interest paid to the Contractor on the amount so deposited. 3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works. 3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. SP-5 SECTION 4 SUPERVISION OF WORK 4-A MONTHLY EVALUATIONS--The Inspector will prepare a monthly evaluation and performance report relative to the project area. Contractor and Inspector shall meet at least once each month at the office of the Inspector or at another location as agreed upon by the parties,to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion. 4-B INSPECTIONS --An inspection form will be completed by the Inspector every week. Any items noted not to be in compliance with the specifications will be discussed immediately with the Contractor's on site representative. Correction of these items shall be accomplished as set forth at Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall constitute sufficient grounds for further action,up to and including termination of the contract. Contractor or his representative shall also meet once each week on site for field inspections with the Inspector to discuss and sign said inspection report.Failure on the part of the Contractor to meet at the designated time and place will result in a 10% reduction in the monthly contract payment for each occurrence. 4-C REPRESENTATIVE OF CONTRACTOR--An authorized on-site English speaking responsible representative of the Contractor shall be designated in writing at the time this contract is executed by the Contractor. This representative shall be considered as an agent of the Contractor with authority to receive official notices and make binding agreements on the prosecution of the work. The Inspector shall be given 5 days prior written notice of a change in such representative. 4-D UNIFORMS--All employees shall be dressed in a uniform shirt identifying them as the Contractor's personnel,and shall be so attired at all times,including all necessary safety attire,equipment,and vehicles, which shall also bear the Contractor's State License number. 4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in compliance with this Agreement, or brought into compliance within the period of time allotted, may be withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by the City to correct the problem or for services not fulfilled by the Contractor. A statement will be provided with the monthly payment describing the reason for withholding a portion of the payment and a listing of the amount. (See also Section 6-E of these Special Provisions.) 4-F TERMINATION OF CONTRACT --Failure to perform specified items of work as provided in these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and will be effective 15 calendar days after receipt of said notice. This contract may be terminated at any time, for any reason by the City after giving sixty(60) days written notice to the other party. Notification of any termination will be given to the surety, who shall have the right to take over the contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance services with the right to recover damages from the principal or the surety arising from the principal's failure to perform. SP-6 4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted November 21, 1994,the Mayor and Common Council established a policy which states that any assessment district landscape Contractor who has their contract terminated by the City for non-performance shall be deemed a"non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. A Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the San Bernardino Municipal Code. SP-7 SECTION 5 LEGAL REQUIREMENTS 5-A 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 the execution of the contract.The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Following is the required minimum limits of Insurance: Bodily Injury . . . . . . $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage . . . $100,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of$1,000,000 will be considered equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in Section 7-3 of the Standard Specifications. 5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors before execution of the contract. 5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. SP-8 The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be required by Inspector in the event of a problem becoming evident. 5-D SAFETY REQUIREMENTS--All work performed under this contract shall be performed in such manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor, which is not a result of his operations, shall immediately be reported to the Engineer(909) 384-5111. 5-F USE OF CHEMICALS--The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals approved by the State of California,Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California Registration No. and Chemical Abstract Service No. (Case#),and based on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the current San Bernardino County Department of Agriculture regulations. No chemicals,herbicide or pesticide shall be applied until its use is approved,in writing,by the Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or pesticides and hereby specifically reserves to itself full rights against any party for any damages which are proximately caused by the negligence or improper use of any such chemicals, herbicides or pesticides. Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector. Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained from the County of San Bernardino Department of Agriculture and written permission has been obtained from the Engineer. 5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race,color,religion,sex, marital status or national origin. Contractor shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal,state and local laws. Such action shall include,but not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and promotion. In addition,Contractor shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age,handicap or religion,in compliance with state and federal laws. 5-H SOUND CONTROL REQUIREMENTS--The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud,unnecessary and excessive noises. SP-9 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 may or 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. 5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution of the contract. 5-J WARRANTY-- Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorneys' fees and costs,presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. SP-10 DATE(MMNYIOD) ACORV) CERTIFICATE OF INSURANCE Oh/15/98 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE COMMERCIAL ASSOCIATES INS, INC AFFORdEDBYTHEPOUCIESBELOW. 122_6 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE ANAHEIM CA 92-807 COMPANY ' A CNA-TRANSCONTINETAL INSURED COMPANY B CNA-VALLEY FORGE INLAND LANDSCAPING SERVICES COMPANY 3900 CALIFORNIA STREET C C'HUBB GROUP-FEDERAL INSURANCE SAN BERNARDINO, CA 92-407 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMNYIDO) DATE(MMfYYIDD) GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS-COMPIOP AGO f 1,0l l,O i I0 COMMERCIAL GENERAL LIABILITY A CLAMS MAD£ � OCCUR PERSONAL 8 ADV INJURY ; ],,U i�J ,j i)G EACH OCCURENCE OWNER'S&CONTRACTOR'S PROT FIRE DAMAGE(Any one fire) f 5 c" J 0 o Med em(Any one person) S 51=,O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f 1,0 l f 1,1,1 l 1} ANY AUTO BODILY INJUTY S x ALL OWNED AUTOS (Per person) B X SCHEDULED AUTOS IC HIRED AUTOS BODILY INJURY f X! NON-OWNED AUTOS BAP 5i97135 ^_/0_f98 0Z,01/99 (Pecdent) PROPERTY ACCIDENT f GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO ��� lG C T f TE f EXCESS LIABILITY E f UMBRELLA FORM f OTHER THAN UMBRELLA FORM f TORY WORKERS COMPENSATION AND IA W)R3Y - 0TH EMPLOYER'S LIABILITY LINTS ER EL EACH ACCIDENT f, THE PROPRETORf PARTNERSIEXECUTNE R INCL EL DISEASE-POLY LIMIT S OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE f OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: AD 2-001,, CONTRACT 989q- BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF SAN BERNARDINO EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL"""SF Ad'@R:0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT, DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION 300 NORTH "D" ;STREET SAN BERNARDINO, CA 9'_4 i-D I-J,11_ AUT�¢{DREPRESETATIVE , ACORD 25-S(1195) �rV �U��© ACORD CORPORATION 1988 SP-11 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET SAN BERNARDINO, CA 92418-0001 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 1I)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGEND BY AUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY ALSO SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-12 SECTION 6 PAYMENTS/GENERAL 6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the month the work is performed,or 21 days after approval by the Inspector,whichever occurs later. The first payment may be pro-rated in accordance with the actual portion of the month worked. Request for payments must be submitted each month and shall be hand delivered to the Inspector at the monthly evaluation meeting. Extra work shall NOT be listed on the request for payment, but billed separately on forms provided by the Inspector for extra work billing and the work must have been previously approved as set forth in Section 6-D below. Upon acceptance and approval of the billing by the City,payment for Extra work will be made the following billing cycle. 6-B PAYMENTS WITHHELD--The City may withhold payment to such extent as may be necessary to protect the City from loss due to: 1. Defective work not corrected. 2.Claims filed or reasonable evidence indicating probable filing of claims by third parties against the City arising from the performance of the Contractor or any subcontractor under this agreement. 3. Maintenance not being performed or completed. 6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and shall be based upon actual damages and/or the amount and type of maintenance not completed.Retention of payment for damaged irrigation components,or loss of any plant material may be released to the contractor upon repair or replacement of the needed items or completion of work. Deductions for incomplete or inadequate maintenance not performed at the required schedules shall be a permanent deduction. 6-D EXTRA WORK--Any extra work done shall conform to the provisions in Section 3.3 "EXTRA WORK" of the Standard Specifications. 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 negotiated price. Prior approval shall be obtained in writing from the Engineer,or his designee, before performing any extra work, except for urgently needed repairs to the irrigation systems. With submission of the bill for such Extra Work,Contractor shall attach copies of material invoices and rental receipts,if any,as backup for the amount charged. Extra Work includes repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall make final determination if work needed is due to vandalism or contractor's negligence. 6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping SP-13 due to age or poor growth as determined by the Inspector and the Engineer not related to Contractor's negligence shall be classified as Supplemental Items of Work.All supplemental work performed shall be as directed by the Inspector and then Engineer. The provisions contained in Section 3-2,"Changes Initiated by the Agency",of the Standard Specifications shall not apply to Supplemental Items of Work,and no adjustment shall,therefore,be made in the contract unit price for increased or decreased quantities of Supplemental Items of Work. 6-F PROJECT APPEARANCE --The Contractor shall maintain a neat appearance to the work. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations. 6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance elements of the maintenance contract. The Inspector 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 Inspector, not to exceed ten(10)days,to conform to the contract standards. If after said 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 Inspector will notify the Engineer who will have the option of terminating the contract and re-advertise for a new contractor. The necessity of sending more than two(2)formal notices to the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for termination of the contract. In such event, then the amount of cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by the Agreement. 6-H HOURS OF LABOR--The Contractor shall conduct his operations during the hours specified in Section 7-B-2. 6-1 PERSONNEL--The Contractor shall furnish sufficient supervisory and working personnel of such capabilities as to promptly accomplish on schedule,and to the satisfaction of the Inspector all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a company identifying marker. The Inspector may require the Contractor to immediately remove from the work site any employee(s)observed to pose a threat to the public and whose continued employment on the job is contrary to the best interests to the City. The Contractor shall assign an English speaking responsible Foreman,who maybe a working Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with respect to performance of this contract.Adequate and competent supervision,as determined by the Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment of a first-class job. Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the vari ous contract items of work involved and no additional compensation will be allowed therefore. SP-14 64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees,court costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office,in connection with that action shall be considered as attorney's fees for the purpose of this agreement. SP-15 SECTION 7 DESCRIPTION OF WORK 7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry as determined by the Inspector. 7-B WORK TO BE PERFORMED--The work to be performed consists,in general,of the following: 7-B-I Maintenance--Complete landscape maintenance of all contract areas to include litter removal, irrigation,pruning,shaping and training of trees,shrubs,and ground cover plants;raking;fertilization;weed control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all other maintenance required to maintain the contract areas in a safe,attractive,usable,healthy and vigorous condition. All other areas,such as sidewalks,curbs,gutters,expansion joints,median hardscape(if any),within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for weeding. Unimproved areas beyond described limits are not a part of this contract. For unimproved areas within described limits,ten (10)feetfrom curb face shall be maintained weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved areas to be maintained are shown on the Plan. 7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance required under this contract from Monday through Friday,excluding holidays,as defined and as specified in this Section of these Special Provisions. Exceptions may be made to normal working hours (7:00 a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow for proper maintenance. The Inspector may grant,on a case by case basis,permission to perform contract maintenance at other hours or on designated holidays. Designated legal holidays are: January 1St,the third Monday in January,the third Monday in February, the last Monday in May,July 4th,the first Monday in September,November 11 th,Thanksgiving Day and the Friday following,December 25th and the working day preceding or following)as directed by the Mayor and Common Council and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of any work required by these specifications,and any changes in scheduling shall be reported in writing,to the Inspector immediately. SP-16 7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In addition,a special notification listing exact start date for fertilization,aerification,renovation,pruning and other infrequent operations shall be furnished to the Inspector at least five(5)working days in advance of performing these operations. 7-B-5. The Contractor will be responsible for replacing trees and plant material due to over watering, under watering or improper horticultural practices or neglect as determined by the Inspector at Contractor's cost. 7-C MAINTENANCE SCHEDULES The following items of work shall be performed by the Contractor with the frequency indicated: Pick up of trash and debris Weekly or as needed. Note:Areas adjacent to high pedestrian traffic may require more frequentpickup of trash as determined by the inspector. Complete Irrigation Test Weekly(with Inspector) Rodent Control Weekly Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure proper and adequate irrigation. (e.g. daily during hot, dry weather). Trimming/Pruning Trees/Shrubs Every two months(areas adjacent to sidewalks&right of way -as needed) Fertilization- (small trees, shrubs, ground cover) Semi-annually Fertilization- (turf) Quarterly Weeding Slopes (all debris to be removed- Slope Areas are as shown on Plan) Monthly Continual Weeding(all shrub/ planter beds,banks, and ALL other areas including hardscape,sidewalks and expansion joints not defined as slopes) Weekly Raking beds; removal of leaves, pine needles, etc. Weekly SP-17 Shrub/planter bed edging Semi-monthly Sweeping/Blowing Walks (after mowing and edging) Weekly Washing walks/Median Hardscape Monthly Concrete Drainage channels cleaned As needed Spraying pre-emergent Quarterly Spraying for weeds As needed Turf mowing Weekly Turf edging Weekly Turf trimming * Weekly Turf aerification Annually(before July 15 or as directed by Inspector) Turf renovation** Annually(before October 15 or as directed by Inspector) Overseeding Annually(before October 15 or as directed by Inspector) Pest control on trees As needed Leach Irrigation*** (min. 12" of water) 4 Times Annually *With a power trimmer around all poles,obstructions,tree wells,sprinkler heads and other miscellaneous items as designated by the Inspector. ** Lawn renovation shall include the following: 1. Eradication of undesirable species. 2. Thatch removal by vertical mowing. 3. Cultivation by coring, grooving slicing or spiking 4. Fertilization and possibly liming. 5. Seeding(with seed approved by the Inspector) 6. Repair damaged irrigation facilities. *** Dates, location and necessity to be determined by the City. The City of San Bernardino shall be responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and leaching dates. SP-18 7-D 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 City's acceptance of said improvements.However,the cost of maintenance shall not exceed the unit price awarded under this contract.(i.e.same cost for irrigation components as awarded in this contract;turf and/or ground cover shall not exceed to cost per square foot awarded under this contract). 7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner, shall be provided by the Contractor. Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the contract bid prices and no additional compensation will be allowed therefore. 7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this construction. The Contractor shall provide maintenance up to the construction area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by others. Upon restoration,the Contractor shall again be responsible for maintenance. Areas eliminated by construction of hardscape shall be deducted from the gross area under the same provisions as provided above for FUTURE WORK. 7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or modified within the maintenance area shall be negotiated with the Contractor under the same provisions as provided above for FUTURE WORK. The City of San Bernardino may also permanently or temporarily eliminate or modify landscaping within maintenance areas in order for the City to comply with State of California regulations regarding water conservation. SP-19 SECTION 8 TECHNICAL SPECIFICATIONS 8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety" of the Standard Specifications, and these Special Provisions. Warning signs, lights and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California. A minimum of one(1)lane shall be maintained for each direction of traffic at all times,unless approved otherwise by the Engineer. Full compensation for furnishing and installing all signs,lights,flares,barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when maintenance operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The provisions in this section may be modified or altered if,in the opinion of the Engineer,public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. 8-B COOPERATION AND COLLATERAL WORK--Attention is directed to Section 7.7,"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions. Certain companies,governmental agencies,or their Contractors may be working within the area. Certain utility facilities in various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. It is anticipated that these existing utilities will not interfere with the Contractor's operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The utility locations shown on the original landscaping plans are correct to the best of our knowledge. When in doubt, the Contractor shall contact the utility concerned before proceeding further. SP-20 Full compensation for conforming to the requirements of this Section,not otherwise provided for,shall be considered as included in the lump sum prices paid for the work involved and no additional compensation will be allowed therefore. 8-C REMOVAL OF SIGNS--Any unauthorized signs,stakes,posts/poles,political or otherwise,found within the landscaped areas from time to time shall be considered as trash and debris and shall be removed by the Contractor as directed by the Inspector. Full compensation for removal of such items shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 8-D CLEANUP AND DUST CONTROL--Cleanup and dust control shall conform to the provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications. SP-21 SECTION 9 IRRIGATION SYSTEMS 9-A The Contractor shall provide the following repairs,maintenance and supply all needed materials,and perform the work as necessary in accordance with the following: 9-B The Inspector shall be immediately notified, of any damage suspected to be caused by accident, vandalism,theft,or Act of God. Immediate notification of any such damage,prior to start of work within the area,will serve to indicate the Contractor's belief that it was caused by factors beyond his control. The City shall review the damage and/or request information from the Contractor in order to establish the true cause of damage and determine responsibility for repair. The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related to his operations. 9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following sprinkler system components as needed,for no additional cost,under normal wear conditions as determined by the Inspector: Sprinkler Heads Sprinkler Head Risers Anti-theft/vandalism sprinkler head devices Valve Covers Valve Boxes or Sleeves Quick Coupler Valves and Hose Bibs Bubblers, Emitters, etc. Sprinkler System Lateral Piping Sprinkler Main(Pressure Line) Sprinkler Control Valves Sprinkler Controller Valve wiring to Controller Ball and gate valves Drip irrigation system including multi-outlet emission device, tubing, and emitters. 9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components due to his own negligence, including removal of anti theft devices. 9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism, theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not covered by an item of Supplemental Work,shall be paid for as Extra Work,in accordance with Section 6-A, "EXTRA WORK", of these Special Provisions. Any replacement must conform to the type and kind of existing system,unless the use of anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation must be approved in writing by the Inspector. 9-F Irrigation shall be done by the use of the automatic sprinkler systems,where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the SP-22 Contractor of his responsibility. In the event of a failure of any irrigation component that would prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until the repair and/or replacement is accomplished. 9-G In those areas where an automatic sprinkler system is installed,the Contractor shall inspect weekly, or more often if climatic conditions requires, for any damage to the system and for the operation of the system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capacity, and make whatever adjustments which may be necessary to prevent excessive run-off into street right-of-way,or other areas not meant to be irrigated. The periodic inspection may occur more often,but not less frequently,than one inspection each week,in operation,with the Inspector. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: 9-G1 Turf,if any,shall be irrigated as required,to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less humidity or high winds, or during a prolonged high temperature period during the summer months). 9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion. 9-G-3 Shrub beds, if any, shall be irrigated as required,to maintain horticulturally acceptable growth and color,and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types, seasons and weather conditions. 9-G-4 Newly planted trees,shrubs,ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal,healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. 9-H The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate irrigation. Such repairs will be made by the Contractor with same type/brand head,or approved equal by the Inspector. 9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly basis.This will include laterals,main lines,control valves,control wire,timer/controller and any other items in the system. If any of the items mentioned in this paragraph are found to be defective or in need of repair during the weekly inspections,said items shall be repaired immediately. All materials or parts shall be the same brand or approved equal. Contractor shall notify the City Inspector immediately before making any such repairs by calling 384-5111 during working hours. 94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the Inspector. New sprinkler heads shall be the same type,size and brand as the one to be replaced,except for anti-theft or anti-vandalism devices as approved by the Inspector. The unit price paid for replacing sprinkler heads shall include all items of work (including necessary SP-23 repairs and/or replacement of piping,fittings,etc.)involved in restoring a sprinkler to full operation and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". 9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be replaced unless otherwise approved by the Engineer. The City may,at its option,provide Contractor with a replacement timer/controller,in which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply. Replacement of a defective timer/controller is determined as Extra Work and shall be subject to Extra Work requirements as set forth in Paragraph D, Section 6. 9-L Any replacement or repair of the irrigation system accomplished as"EXTRA WORK"shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply,plus material costs. SP-24 SECTION 10 SHRUBS AND GROUND COVER PLANTS 10-A All shrubs and ground cover plants,if any,growing in the work area shall be pruned as required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Inspector, will not be permitted. 10-B Plants to be maintained shall conform to the requirements of Section 2.2,"Tree and Shrub Care"and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions. 10-C Replacement of plants,shrubs and ground cover shall be in accordance with construction plans and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,and/or with the landscaping construction plans for the various subdivisions which are included within this project,or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5 gallon. The unit price paid for replacing shrubs and ground cover shall include all items of work involved in removing and planting shrubs and ground cover and at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". A Flat of ground cover is considered to contain 64 plants. SP-25 SECTION 11 FERTILIZER AND PEST CONTROL AGENTS 11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions. 11-B--Turf Grass 11-B-1 Manure shall not be used as a fertilizer or soil conditioning material. 11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall be approved by the Inspector. 11-B-3 Fertilizer shall be packaged in multi-wall paper bags,polyethylene lined for moisture resistance. 11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Inspector or based on the results of the soil testing and at the times specified below(or as otherwise directed by Inspector): July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 11-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Inspector 2-3 days before application and submit bag tag. 11-C Shrub Beds, Ground Cover, and Small Tree Fertilization 11-C-1 Fertilization of all shrub beds,ground cover areas and all young trees(3"caliper and smaller) within the designated work area shall be accomplished two (2) times per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the Inspector. 11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material. Fertilizer shall be applied at the times specified below: October 1 - October 15 March 15 - April 1 11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. 11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference. SP-26 SECTION 12 LAWN/TURF 12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be maintained if the turf area abuts a shrub bed,property line or to maintain a turf delineation. 12-B All lawn areas included in this contract shall be mowed with approved power-propelled reel-type or rotary mowers. The mowers shall be equipped with catchers.Mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A MULCH- MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF INSPECTOR. 12-C Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform,level cut no higher than three(3)inches,or as otherwise instructed by the Inspector,but no more than 25%of existing growth to be removed in any one mowing. 12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request,from the Inspector,for reasons of rain or prolonged cold,alteration of this mowing frequency. 12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten(10)days prior to beginning work;renovation shall occur upon thirty(30)days notice from the Inspector. Care should be taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation process has taken place. 12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a minimum of 75%germination will require reseeding by the Contractor at no extra cost to the City. 12-G Turf area shall be 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 at no additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Inspector. A schedule of aerification equipment to be used shall be submitted to the Inspector ten(10)days prior to beginning work. 12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean,neat appearance of turf areas. In the event of the mulch-mowing as provided under Section 12-13, all clippings must be adequately fine-cut and spread as to achieve a neat appearance. SP-27 12-I Any turf to be replaced which suffers any Act of God,vandalism or other destructive occurrences,in excess of the number stated in the bid item,and not directly or indirectly caused by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of work. 12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed and shall be installed as directed by the Inspector. The unit price paid for replacing turf shall include all items of work involved in removing and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-28 SECTION 13 SLOPE/BANK/DRAIN MAINTENANCE 13-A All Slopes are to be weeded by hand or using a power weed cutter.All other plant material located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed weekly. AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY, ARE DELINEATED ON SAID PLAN (S). 13-B All vertical areas not defined as"Slopes Areas"will be considered as Banks and are to be maintained as stated in these Special Provisions. 13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned as needed. SP-29 SECTION 14 WEED CONTROL 14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands, medians, undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round-up per manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for duration of contract. This shall also include weekly trash and litter pick-up. 14-B All landscaped areas within the specified maintenance area including lawns,shrub and ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished within each seven (7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks. SP-30 SECTION 15 TREES 15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits,appearance, and health of the tree. The Contractor shall,as a part of this contract,be responsible for TOTAL TREE CARE PROGRAM(all of each tree). Said program is the selective and natural approach to pruning of all trees on site and includes pest and disease control and removal of any dead limbs,fronds or branches. The Contractor shall bring to the attention of the Inspector any tree that: shows signs of root heaving,and leaning,or has hanging limbs or is in some manner,a safety hazard. Contractor shall notify the Inspector 48 hours prior to any pruning. 15-B All street tree replacements will be 15 gallon,in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost,nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball. 15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Inspector. 15-D Any trees to be replaced which suffer any Act of God,or vandalism and not due to negligence by the contractor, shall be classified as supplemental items of work. 15-E Tree removal and replacement due to the Contractor's negligence,including lack of pest and disease control, shall be at Contractor's expense. 15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least four approved ties. Tree ties shall be inspected monthly,and corrective action taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic bid price for tree maintenance. 15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section. The unit price paid for replacing trees shall include full payment for all work involved in furnishing and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-31 CONTRACT AGREEMENT SP-32 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of , 20 , between the City of San Bernardino, (hereinafter"City") and (hereinafter"Contractor"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City,and under the conditions expressed in the bond as deposited with the City,Contractor agrees with the City,at his own proper cost and expense to furnish any and all required labor,materials,and transportation as set forth in the Special Provisions to be furnished by City,necessary to complete in good workmanlike and substantial manner the THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF: (SCHEDULE 1, AD 976) - PINE AVENUE AND THE OPEN SPACE AREAS WITHIN METROPOLITAN WATER DISTRICT LAND LOCATED EAST OF AND ADJACENT TO PINE AVENUE, WALNUT AVENUE, OHIO AVENUE, BELMONT AVENUE,IRVINGTON AVENUE,THE DRAINAGE CHANNEL SOUTH OF TRACT 13028 AND 13036 AND IN LOT"A-A"OF TRACT 13036,THE SLOPE AREA SOUTH OF CHRISTINE STREET;AND (SCHEDULE 2, AD 991) - SOUTH SIDE OF VERDEMONT DRIVE, NORTH AND SOUTH SIDES OF GARFIELD AVENUE,NORTH SIDE OF OHIO AVENUE AND PORTION OF THE SOUTH SIDE OF OHIO AVENUE,ALL BETWEEN PALM AVENUE AND OLIVE AVENUE;WEST SIDE OF PALM AVENUE,SOUTH OF OHIO AVENUE AND THE SLOPE AREA SOUTH OF TRACT 13530(WEST OF PALM AVENUE);AND (SCHEDULE 3,AD 997)-NORTH SIDE OF IRVINGTON AVENUE, EAST OF CHESTNUT AVENUE;AND (SCHEDULE 4,AD 1017)-NORTH SIDE OF KENDALL DRIVE,EAST AND WEST OF PINE AVENUE;PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE, PORTIONS OF THE SOUTH SIDE OF IRVINGTON AVENUE,PORTIONS OF THE NORTH AND SOUTH SIDE OF WASHINGTON AVENUE AND WITHIN OPEN SPACE AREAS WITHIN THE METROPOLITAN WATER DISTRICT LAND ALONG PINE AVENUE.;AND (SCHEDULE 5, AD 1025)-WEST SIDE OF PALM AVENUE, SOUTH OF WASHINGTON AVENUE; PORTION OF WASHINGTON AVENUE,WEST OF PALM AVENUE,AND THE SOUTH SIDE OF RED SKY AVENUE,WITHIN TRACT NO. 15743;AND (SCHEDULE 6, AD 1028) - SOUTH SIDE OF OHIO AVENUE, WEST SIDE OF WALNUT AVENUE, EAST SIDE OF OLIVE AVENUE AND THE NORTH SIDE OF MEYERS ROAD,WITHIN TRACT NO. 14193;AND (SCHEDULE 7,AD 1030)-NORTH SIDE OF OHIO AVENUE,EAST OF MAGNOLIA AVENUE,AND THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF OHIO AVENUE;AND (SCHEDULE 8,AD 1031)-SOUTH OF BRENDA LANE,EAST OF OLIVE AVENUE WITHIN PORTIONS OF LOT"A"OF TRACT NO. 15407;AND (SCHEDULE 9,AD 1032)-NORTH SIDE OF VERDEMONT DRIVE,EASTERLY OF PALM AVENUE,WITHIN TRACT NO. 14352;AND (SCHEDULE 10,AD 1035-ZI)-EAST SIDE OF PALM AVENUE,THE SOUTH SIDE OF OHIO,THE NORTH SIDE OF MEYERS ROAD AND THE SLOPE ALONG THE SOUTHERLY BOUNDARY OF TRACT NO.13572, ALL WITHIN TRACT NO. 13572;AND SP-33 (SCHEDULE 11,AD 1035-Z2)-WEST SIDE OF PALM AVENUE AT AKRON STREET WITHIN TRACT NO.15538;AND (SCHEDULE 12,AD 1037) -NORTH SIDE OF BELMONT AVENUE EAST OF MAGNOLIA AVENUE,THE EAST SIDE OF MAGNOLIA AVENUE,NORTH OF BELMONT AVENUE AND LOT 34,LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AVENUE AND MEYERS ROAD,ALL WITHIN TRACT NO. 13630;AND *(SCHEDULE 13, AD 1039) - BELMONT AVENUE, EAST OF MAGNOLIA AVENUE, PORTIONS OF MAGNOLIA AVENUE,SOUTH OF BELMONT AVENUE AND ALONG THE TRAIL SYSTEM ALONG LOS ROBLES WAY; AND (SCHEDULE 14,AD 1041) -EASTERLY SIDE OF MAGNOLIA AVENUE,PARKWAY AND SLOPE LANDSCAPING ON THE SOUTH SIDE OF OHIO AVENUE, LANDSCAPING AND DRAINAGE SWALES ON SLOPES ALONG THE SOUTHERLY SIDE OF LOTS 10 THROUGH 17, INCLUSIVE, AND THE EASTERLY SIDE OF LOT 10, AND THE LANDSCAPING AND DRAINAGE SWALE/ACCESS AREA BETWEEN THE SIDE YARDS OF LOTS 10 AND 11;AND (SCHEDULE 15,AD 1043-Z1) -WEST SIDE OF PALM AVENUE,THE NORTH SIDE OF IRVINGTON AVENUE AND ALONG PORTIONS OF THE NORTH AND SOUTH SIDE OF BLUE MOUNTAIN STREET ALL WITHIN THE BOUNDARIES OF TRACT NO. 15940; AND (SCHEDULE 16,AD 1043-Z2) -NORTH SIDE OF IRVINGTON AVENUE;THE EAST SIDE OF MOUNT CARMELA LANE,THE WEST SIDE OF OLIVE AVENUE,THE WEST SIDE OF EAGLES GLEN STREET, THE NORTH SIDE OF MUIR MOUNTAIN WAY, AND THE EAST AND WEST SIDES OF MT. MCKINLEY WAY, ALL WITHIN THE BOUNDARIES OF TRACT NO. 16457;AND (SCHEDULE 17, AD 1047) - NORTH SIDE OF OHIO AVENUE EAST OF PINE AVENUE AND LANDSCAPING, HARDSCAPE AND LOCAL TRAIL WITHIN A STRIP OF LAND, BEING THE SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT EASEMENT,ALONG THE NORTHWESTERLY PORTION OF LOTS 1 THROUGH 5,ALL WITHIN TRACT NO. 16547. A 10 FOOT WIDE THINNING AREA, ALONG THE WESTERLY PORTION OF SAID WATER DISTRICT EASEMENT WILL ALSO BE MAINTAINED;AND *(SCHEDULE 18,AD 1052) -BELMONT AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;PORTIONS OF VACATED CHESTNUT AVENUE,BETWEEN BELMONT AVENUE AND OHIO AVENUE,INCLUDING PORTIONS OF LOT"A"AS SHOWN ON THE MAP OF TRACT NO. 16795;PORTIONS OF OHIO AVENUE,WESTERLY OF VACATED CHESTNUT AVENUE;AND PORTIONS OF OFELIA DRIVE SOUTHWESTERLY OF LANDON DRIVE;AND (SCHEDULE 19,AD 1055) - EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO AVENUE WITHIN LOT A,LOT B,NORTHWESTERLY SLOPES OF LOTS 1 AND 19,ALL OF TRACT NO. 17716 AND WITHIN MWD PROPERTY LEASED BY THE CITY; AND THE MAINTENANCE OF FOUR STORM DRAIN CATCH BASINS WITH FILTRATION, LOCATED ADJACENT TO LOTS 5, 17,24,AND 36;AND (SCHEDULE 20,AD 1049(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS OF THE NORTHERLY SIDE OF OHIO AVENUE AND WITHIN SLOPES ALONG PORTIONS OF THE WESTERLY SIDE OF CHESTNUT AVENUE,AND ALSO INCLUDING A DRAINAGE CHANNEL NORTH OF TENTATIVE TRACT 14881;AND (SCHEDULE 21,AD 1051 (ADDITIVE NO.2))-ALONG A 3 FEET BY 230 FEET STRIP OF LAND LYING ON THE EAST SIDE OF OLIVE AVENUE AND ADJACENT TO LOTS 13 AND 14,ALL WITHIN TRACT NO. 17396;AND in accordance with (2015-16) Special Provisions No. 7034-B (SCHEDULE 1, AD 976), 7782-A (SCHEDULE 2, AD 991), 8301 (SCHEDULE 3, AD 997), 9494 (SCHEDULE 4, AD 1017), 9988A (SCHEDULE 5, AD 1025), 10487A (SCHEDULE 6, AD 1028), 10812A (SCHEDULE 7, AD 1030), 10811A(SCHEDULE 8,AD 1031), 11213A(SCHEDULE 9,AD 1032), 11233A(SCHEDULE 10,AD 1035-ZI), 11233A (SCHEDULE 11, AD 1035-Z2), 11217A (SCHEDULE 12, AD 1037), 11526A (SCHEDULE 13,AD 1039), 11761A(SCHEDULE 14,AD 1041), 11565A(SCHEDULE 15,AD 1043- Z1), 11565A (SCHEDULE 16, AD 1043-Z2), 11678A (SCHEDULE 17, AD 1047), 11959A (SCHEDULE 18,AD 1052), 11843B(SCHEDULE 19,AD 1055), 11873A(SCHEDULE 20,AD 1049 (ADDITNE NO. 1)), 12055A(SCHEDULE 21,AD 1051 (ADDITNE NO.2)) on file in the Office of the SP-34 City Engineer,3rd Floor,San Bernardino City Hall,and also in accordance with Standard Specifications for Public Works/Construction,current edition,on file in the office of the City Engineer,and the"Landscape Cost Estimating"by Colton,current edition,on file in the office of the Director of Public Works,which said Plans, Special Provisions, Standard Specifications, and Landscape Cost Estimating are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule 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 encountered 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 or 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. The Contractor herein covenants by and for himself or herself,his or her heirs,executors,administrators,and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her,establish or permit any such practice of practices of discrimination or segregation with reference to the selection of subcontractors,vendees,or employees in the performance of this contract. 3. City 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 as set forth in the successful bid, 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. 4. 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 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. 5.Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: CITY CONTRACTOR Director of Public Works City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 SP-35 AGREEMENT FOR LANDSCAPE MAINTENANCE—AREA "A" IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and the date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: Ihlohd CVnjP'jre Landwalge; the BY: A EN J. PARKER, City Manager City of San Bernardino BY: TITLE: presid en+. ATTEST: MAILING ADDRESS: 21456 kern S+. L� GEOR ANN HA AH, City Clerk Sah �,e rhard i r,p CA g2�107 PHONE NO: (610q) 413 —9 0 6 6 APPROVED AS TO FORM: GARY D. SAENZ, City Attorney BY: SP-36 3---------- San Be � '. City of San Bernardino Surety Bond Review The attached surety bond STATE {NATIONAL INSURANCE COMPANY INC has been reviewed. Landscape Maintenance AD Area A for the Surety Bond Bond#CDGP102383 Bond Amount$291,514.22 The surety company is an admitted company in the State of California ❑The admitted company was verified at www.insurance.ca.gov/doestfs/admitted.htm ❑The surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2015 version 071400 (Bond Rating: FSC ) Verified b/yam Human 's r��sk Management Date APPROVED AS TO FORM: a a �5- City Attorney e Date ^Dmpany Profile Page 1 of 2 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results STATE NATIONAL INSURANCE COMP13iNY, INC. Company 1900 L. DON DODSON DRIVE Information BEDFORD, TX 76021 Old Company 800-877-4567 Names Agent for Service Old Company Names Effective Date Reference Information STATE NATIONAL INSURANCE COMPANY INC 12/16/1994 NAIC Group List Lines of Business Agent For Service Workers' NANCY FLORES Compensation 818 WEST SEVENTH STREET Complaint and SUITE 934 Request for LOS ANGELES CA 90017 Action/Appeals Contact Information Financial Statements Reference Information PDF's Annual Statements (NAIC #: 32831 Q a rterly s yCalifornia Company ID #: 4291-1 Company Complaint i Date Authorized in California: 09/28/1995 — Company 1 Performance & License Status: UNLIMITED-NORMAL Comparison Data Company Type: Property &Casualty Company Enforcement Action State of Domicile: TEXAS Composite i Complaints Studies Additional Info back to top Find A Company Representative In NAIC Group List Your Area View Financial Disclaimer NAIC Group : 0093 STATE NATL GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY' MARINE https:/Tinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 9/8/2015 Bond Number:CDGP102383 State National Insurance Company Administered by: CM(S IA CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: 2456 stern St. Contractor Managing General Insurance Agency, Inc. San Bernardino,CA 92407 20335 Ventura Blvd. Ste.#426, Woodland Hills, CA 91364 OWNER (Name and Address): City of San Bernardino 300 North"D"Street,Third Floor San Bernardino,CA 92418 CONSTRUCTION CONTRACT Date: Amount: TWO HUNDRED NINETY ONE THOUSAND FIVE HUNDRED FOURTEEN AND 22/100 ($291,514.22) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of:AD 976,991,997, 1017, 1025, 1028, 1030, 1031, 1032,1035-Z1, 10353-Z2,1037, 1039, 1041, 1043-Z1, 1043-2-Area A BOND Date (Not earlier than Construction Contract Date): zjUgUSt 31 2015 Amount: TWO HUNDRED NINETY ONE THOUSAND FIVE HUNDRED FOURTEEN AND 22/100 ($291,514.22) Modifications to this Bond: IgNone DSee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) INLAND EMPIRE LANDSCAPE INC. State National Insu ce Company, Inc.Administered By: Contracto nce Agency, Inc. Signature: --------Signature: --- `------------------------- Name and Ti V0� Name and 7Title: tephanie Hope Shear,Attorney-n- ac (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENTorBROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave. #450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 C NI G I A-S N I C-016-0 5/12 I The Contractor and the Surety,jointly and severally, soon as practicable after the amount is bind themselves, their heirs, executors, administrators determined tender payment therefore to the successors and assigns to the Owner for the performance Owner; or of the Construction Contract, which is incorporated .2 Deny liability in whole or in part and notify herein by reference. the Owner citing reasons therefore. 2 If the Contractor performs the Construction Contract, 5 If the Surety does not proceed as provided in the Surety and the Contractor shall have no obligation Paragraph 4 with reasonable promptness, the Surety shall under this Bond, except to participate in conferences be deemed to be in default on this Bond fifteen days as provided in Subparagraph 3.1. after receipt of an additional written notice from the 3 If there is no Owner Default,the Surety's obligation Owner to the Surety demanding that the Surety perform under this Bond shall arise after: its obligations under this Bond, and the Owner shall be 31 The Owner has notified the Contractor and the entitle to enforce any remedy available to the Sure at its address described in Paragraph 10 below Owner. If the Surety proceeds as provided in Surety Subparagraph 4.4 and the Owner refuses the payment that the Owner is considering declaring a Contractor tendered or the Surety has denied liability, in whole or Default and has requested and attempted to arrange in per, without further notice the Owner shall be a conference with the Contractor and the Surety to entitled to enforce any remedy available to the owner. be held not later than fifteen days after receipt of such notice to discuss methods of performing the 6 After the owner has terminated the Contractor's right Construction Contract. If the Owner, the Contractor to complete the Construction Contract, and if the Surety and the Surety agree,the Contractor shall be allowed elects to act under Subparagraph 41, 4.2 or 4.3 above, a reasonable time to perform the Construction then the responsibilities of the Surety to the Owner shall Contract, but such an agreement shall not waive the not be greater than those of the Contractor under the Owner's right, if any subsequently to declare a Construction Contract, and the responsibilities of the Contractor Default; and Owner to the Surety shall not be greater than those of 3.2 The Owner has declared a Contractor Default the Owner under the Construction Contract. To the and formally terminated the Contractor's right to limit of the amount of this Bond, but subject to complete the contract. Such Contractor Default shall commitment by the Owner of the Balance of the not be declared earlier than twenty days after the Contract Price to mitigation of costs and damages on Contractor and the Surety have received notice as the Construction Contract the Surety is obligated without provided in Subparagraph 3.1; and duplication for: 3.3 The Owner has agreed to pay the Balance of 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the the Contract Price to the Surety in accordance with C the terms of the Construction Contract or to a Construction Contract; contractor selected to perform the Construction 6.2 Additional legal design professional and delay Contract in accordance with the terms of the contract costs resulting from the Contractor's Default, and with the Owner. resulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of under Paragraph 4;and Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 41 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction Contract;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to 4.2 Undertake to perform and complete the Con- the Construction Contract, and the Balance of the struction Contract itself, through its agents or through Contract Price shall not be reduced or set off on account independent contractors;or of any such unrelated obligations. No right of action shall 4.3 Obtain bids or negotiated proposals from accrue on this Bond to any person or entity other than qualified contractors acceptable to the Owner for a the Owner or its heirs, executors, administrators or contract for performance and completion of the successors. Construction Contract, arrange for a contract to be g The Surety hereby waives notice of any change, prepared for execution by the Owner and the including changes of time,to the Construction Contract contractor selected with the Owner's concurrence, or to related subcontracts, purchase orders and other to be secured with performance and payment bonds obligations executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the 9 Any proceeding, legal or equitable, under this Owner the amount of damages as described in Bond may be instituted in any court of competent Paragraph 6 in excess of the Balance of the Contract jurisdiction in the location in which the work or Price incurred by the Owner resulting from the part of the work is located and shall be instituted Contractor's default; or within two years after Contractor Default or within two years after the Contractor ceased working or. 4.4 Waive its right to perform and complete, arrange within two years after the Surety refuses or fails for completion, or obtain a new contractor and with to perform its obligations under this Bond, reasonable promptness under the circumstances: whichever occurs first. If the provisions of .1 After investigation, determine the amount for this Paragraph are void or prohibited by law, which it may be liable to the Owner and as the minimum period of limitation avail- 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 C M G I A-S N I C-016-0 5/12 able to sureties as a defense in the jurisdiction the suite been made, including allowance to the Contractor of shall be applicable. any amounts received or to be received by the Owner 10 Notice to the Surety, the Owner or the Contractor shall in settlement of insurance or other claims for damages be mailed or delivered to the address shown on the signature to which the Contractor is entitled, reduced by all valid page. and proper payments made to or on behalf of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location Construction Contract: The agreement between where the construction was to be performed, any provision in thhe e Owner and the Contractor identified signature page, including all Contract Documents the s and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal Contractor Default: Failure the Contractor,to requirement shall be deemed incorporated herein. The which has neither been remedied d nor waived perform or otherwise to comply with the terms of the intent is that this Bond shall be construed as a statutory Construction Contract bond and not as a common law bond. 12.4 Owner Default: Failure of the Owner which has 12 DEFINITIONS neither been remedied nor waived, to pay the 12.1 Balance of the Contract Price: The total amount Contractor as required by the Construction Contract payable by the Owner to the Contractor under the or to perform and complete or comply with the other terms thereof. Construction Contract after all proper adjustments have MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Sea[) Company: (Corporate Seal) Company- mpany,Inc.administered by: INLAND EMPIRE LANDSCAP INC. _— — Contractor a ng6eperal_Insurance Agency,Inc. Signature: Signature: Name and Title: ' cspl�\ ��OCruer� —�i�Ra�dGr1 Name and Title:,Stephanie Hope Shear,Attorney-In-Fact Address: 2456 Kern St. San Bernardino, CA 92407 Address: 20335 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAx: 866-495-2510 CMGIA-SNIC-016-05/12 Bond No: CDGP102383 State National Insurance Company,Inc.Administered by: Premium: $7,830.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or severally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. \mowsTerry L.Ledbetter', rP esiae t /""race better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly swom,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year aboveL written. "PYe� DEANA HOWELL -� "S Notary Public,State of Texas [Notary Stamp] P`},, My Commission Expires Signature of Notary January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 St day ofAugust 2015 /- TrZLe tter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On AUG 31 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SFIIRLE,i GIGGLES is true and correct. Cpmrnissico #1997675 Notary Public-California 3 WITNESS my nd d official seal. Los Angeles County Comm.Expires Sep 7,2016 Signature Signat f Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number:CDGP102383 State National Insurance Company Administered by: CM01A CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. 2456 Kern St. 20335 Ventura Blvd. Ste.#426, Woodland Hills,CA 91364 San Bernardino,CA 92407 OWNER (Name and Address): City of San Bernardino 300 North"D"St.,Third Floor San Bernardino,CA 92418 CONSTRUCTION CONTRACT Date: Amount: TWO HUNDRED NINETY ONE THOUSAND FIVE HUNDRED FOURTEEN AND 22/100 ($291,514.22) Description (Name and Location):Maintenance of Landscaping and Related Facilities in Portions of:AD 976,991,997, 1017, 1025, 1028, 1030,1031, 1032,1035-Z1, 10353-Z2, 1037, 1039, 1041, 1043-Z1, 1043-2-Area A BOND Date (Not earlier than Construction Contract Date): August 31, 2015 Amount: TWO HUNDRED NINETY ONE THOUSAND FIVE HUNDRED FOURTEEN AND 22/100 ($291,514.22) Modifications to this Bond: ONone INSee Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea]) Inland Empire Landscape, Inc. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. Signature: --__------ Signature: ------ ------------- Name and Tit .SOCK-�pO�fA _'iy� Name and Title: tephanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave.#450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 CMG IA-SN I C-017-05112 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety ex- successors and assigns to the Owner to pay for labor, pense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant with a copy to the mance of the Construction Contract, which is incorporated Owner, within 45 days after receipt of the claim, stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner, this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 62 Pay or arrange for payment of any undisputed 21 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety' s total obligation shall not exceed the 22 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or equipment for use in the performance of the Construc- 8 Amounts owed by the Owner to the Contractor under tion Contract, provided the Owner has promptly noti- the Construction Contract shall be used for the claims, if the Contractor and the Surety (at the address de- mance of the Construction Contract and to satisfy claims, if scribed in Paragraph 12) he any claims, demands, liens any, under any Construction Performance Bond, By the scribed and tendered defense of such claims, demands, Contractor furnishing and the Owner accepting this Bond, or liens or suits to the Contractor and the Surety, and they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner' s priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelated this Bond until: to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this,Bond. sent a copy, or notice thereof to the Owner, stating that a claim is being made under this Bond and, with sub- ]0 The Surety hereby waives notice of any change, includ- stantial accuracy,the amount of the claim_ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 42 Claimants who do not have a direct contract with tions. the Contractor: 11 No suit or action shall be commenced by a Claimant A Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date (1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub equipment included in the claim stating, with paragraph 4.1 or Clause 42 (3), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract, whichever of(1)or(2) first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by 2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor, or not received within as a defense in the jurisdiction of the suit shall be applica- ble. 30 days of furnishing the above notice any communication from the Contractor by which 12 Notice to the Surety, the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly, and nature page. Actual receipt of notice by Surety, the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety (at the cient compliance as of the date received at the address address described in Paragraph 12) and sent a shown on the signature page. copy or notice thereof, to the Owner, stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed, any provision in the furnished to the Contractor. Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- 5 If notice required by Paragraph 4 is given by the Owner forming to such statutory or other legal requirement shall to the Contractor or to the surety, that is sufficient compli- be deemed incorporated herein_ The intent is that this ance. 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 C M G IA-S N I C-017-05/12 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's Iien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15 Definition the Owner and the Contractor identified. on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The 15.3 Owner Default: failure of the Owner, which has intent of this Bond shall be to include without limita- neither been remedied nor waived, to pay the Con- tion in the terms "labor, materials or equipment" that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other ter ins telephone service or rental equipment used in the thereof. MOD I ICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any proof of claim requested, the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time shall pay or arrange to pay any undisputed amount. The failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of liability by the Surety; 2) a waiver of any of the Surety's or Contractor's defenses; or 3) a waiver of any other right or basis the Surety or Contractor may have to dispute some or all of the claim. The Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available under this Bond. The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) State National Insurance Company,Inc.administered by: CONTRACTOR AS PRINCIPAL SURETY Contractor Managing General Insurance Agency,Inc. Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. Signature: _ _ _ _ __ Signature: __ Name and t' a Jpe, a — VN_r_5 desk Name and it Stephanie Hope Shear Address: 24 Kern 6 St.San Bernar i o,CA 92407 Address: 203 5 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMGIA-SNIC-017-05/12 Bond No: CDGP102383 State National Insurance Company,Inc.Administered by: Premium: $7,830.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or severally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature, date,and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter' ,Tresi ent Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. DEANA HOWELL l�(�-� Notary Public,State of Texas [Notary Stamp] My Commission Expires Signature of Notary January 07, 2018 1,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 St day ofAugust 2015 TrZLe tter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 •�:r �sfi�f'�,�;{',�>�,�,c�t?�f�.c�Ci:�,,�,�'.ct�.c:� .4:1s���!'.c: +?�rc�(`�z<��'.ct�t�,r�C',c£�cs�,�,�'�?h. �cl`.tt2's A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On A IG, 3 1_� before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. Commission # 1987675 a WITNESS y d an official seal Notary Public-California z Los Angeles County Comm.Expires Se 74W Signat SignatureV61-aqwlic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 COUNCIL MEETING — 8/17/15 ITEM 7H RESOLUTION 12015-189 FILE NO, 14.40A-D ACCT.NO:254150-0106-5506+ Project No.: i AD 982-PROJECT NO.:1377 AD 1060-(ADDITIVE NO.1)-PROJECT NO.:6056 " CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT " FACILITIES IN PORTIONS OF: ASSESSMENT DISTRICT NO. AD 982 (AREA "D") (2015-16)PLAN AND SPECIAL PROVISIONS NOS. " 7384 (SCHEDULE 1,AD 982) 12110A (SCHEDULE 4,AD 1060(ADDITIVE NO. 1)) s M_ V r DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21, 2015. FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: (SCHEDULE 1,AD 982)-PIEDMONT DRIVE AND CITRUS STREET,GENERALLY LOCATED EAST AND WEST OF INDIAN CANYON COURT AND ALONG THE SOUTH BOUNDARY OF TRACT NO. 13470, WEST OF BANGOR AVENUE;AND (SCHEDULE 2, AD 1060 (ADDITIVE NO. 1)) EASTERLY SIDE OF CHIQUITA LANE NORTH OF DATE STREET, WITHIN THE RIGHT OF WAY ADJACENT TO TRACT NO. 17576. CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS/ENGINEERING April 1,2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21, 2015 INDEX BID DOCUMENTS A. Notice Inviting Bids B. Proposal Form C. Bid Schedule D. Designation of Sub-Contractors E. Worker's Compensation Certification F. Non-Collusion Affidavit G. MBE/WBE Information-Good Faith Efforts H. References SPECIAL PROVISIONS SECTION 1 - Specifications and Plans SP-1 SECTION 2 -Proposal Requirements and Conditions SP-2 SECTION 3 - Award and Execution of Contract SP-5 SECTION 4 - Supervision of Work SP-6 SECTION 5 - Legal Requirements SP-8 SECTION 6 -Payments/General SP-13 SECTION 7 - Description of Work SP-16 SECTION 8 - Technical Specifications SP-20 SECTION 9 - Irrigation/System SP-22 SECTION 10 - Shrubs and Ground Cover Plants SP-25 SECTION 11 -Fertilizer and Pest Control Agents SP-26 SECTION 12 - Lawn/Turf SP-27 SECTION 13 - Slope/Bank/Drain Maintenance SP-29 SECTION 14 -Weed Control SP-30 SECTION 15—Trees SP-31 CONTRACT AGREEMENT SP-33 PART I ADMINISTRATION Engineer's Estimate: Schedule 1,AD 982: $2,420 Schedule 2,AD 1060(ADDITIVE NO. 1): $ 1,799 TOTAL ESTIMATE: $4,219 NOTICE INVITING BIDS (AREA "D") 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: (SCHEDULE 1,AD 982)-PIEDMONT DRIVE AND CITRUS STREET,GENERALLY LOCATED EAST AND WEST OF INDIAN CANYON COURT AND ALONG THE SOUTH BOUNDARY OF TRACT NO. 13470, WEST OF BANGOR AVENUE;AND (SCHEDULE 2,AD 1060 (ADDITIVE NO. 1)) EASTERLY SIDE OF CHIQUITA LANE NORTH OF DATE STREET, WITHIN THE RIGHT OF WAY ADJACENT TO TRACT NO. 17576;AND in accordance with (2015-16) Special Provisions No. 7384 (SCHEDULE 1, AD 982) and 12110A (SCHEDULE 2,AD 1060(ADDITIVE NO. 1)), on file in the Office of the City Engineer,3rd Floor,San Bernardino City Hall. Deliver all bids to the City Engineer's Office,Third Floor,City Hall,300 North"D"Street,San Bernardino, California,with the specification title and number and"SEALED BID" 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 TUESDAY, JULY 21, 2015 at which time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's Conference Room. 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 awarded to him. In the event the bidder 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 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. Pursuant to law,the Mayor and Common Council of the City of San Bernardino,by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein,have ascertained and determined the general prevailing rate of per diem wages,and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the"Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. A-1 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at:http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates,in effect ten(10)days prior to the actual Bid Opening,which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California Government Code and Section 10263 of the California Public Contract Code. 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,workers,and mechanics employed by them in the execution of the contract,and to prevent discrimination in the employment ofpersons because of race, creed, color, national origin, sex, age, or marital status as set forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The term of the contract will continue from September 17,2015 to the termination date of January 31, 2017, renewable for up to a maximum of two(2)additional one year periods by mutual agreement between the Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such renewal. A MANDATORY Pre-Bid meeting will be held on TUESDAY, JULY 14, 2015, at 2:00 P.M., at the office of the City Engineer,City Hall,Third Floor,300 North"D" Street,San Bernardino,CA 92418. This meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and material supply opportunities and to make the prime contractor aware of the City's outreach program as it relates to minority hiring and participation.Bidder's attendance at this meeting is mandatory.Attendance and/or certification may be used as part of the good faith effort. There will also be a non-mandatory pre-bid field review, following the pre-bid meeting. Due to the large number of Assessments Districts, the field review may be continued the following day, at 9:00 am, commencing at the office of the City Engineer, Third Floor, 300 North "D" Street, San Bernardino, CA 92418. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. Any Contractor who has their contract terminated by the City for non-performance shall be deemed a "non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize themselves with all areas. The successful bidder will be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. Contractor must submit along with bid,copies of the California Agricultural Pest Control Certificate,(for the person(s)or firm performing the work),and copies of certificates for chemical applications from the County of San Bernardino. A-2 Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY's website at: www.ci.san-bemardino.ca.us/services/request for bids/public works/default.aM. Conversely,the Project documents are also available on CD,at no cost,if picked up in person. Upon request,a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one(1)business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. The Contractor shall possess a Class 11C-27" License at the time the contract is awarded. The Contractor shall furnish all equipment and supplies required to perform the specified items of work and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and healthy condition. Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of personnel and the names and telephone numbers of three(3)references for projects of a similar nature. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office Third Floor, San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92418 Attention: Ryan Sandoval and/or Laszlo"Les"Fogassy Tel: (909) 384-5226/5026 Fax: (909) 384-5190 E-mail: Sandoval_ry@sbcity.org Fogassy_le@sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, it after the bid opening,will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. NOTICE TO ADVERTISE CITY OF SAN BERNARDINO SPECIFICATION NO. 7384 & 12110A SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN City Clerk DATE: June 22 2015 &June 27,2015 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE BID DOCUMENTS BID 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 instructions to bidders and the entire contract documents 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: (SCHEDULE 1,AD 982)-PIEDMONT DRIVE AND CITRUS STREET,GENERALLY LOCATED EAST AND WEST OF INDIAN CANYON COURT AND ALONG THE SOUTH BOUNDARY OF TRACT NO. 13470, WEST OF BANGOR AVENUE;AND (SCHEDULE 2, AD 1060 (ADDITIVE NO. 1)) EASTERLY SIDE OF CHIQUITA LANE NORTH OF DATE STREET, WITHIN THE RIGHT OF WAY ADJACENT TO TRACT NO. 17576;AND in accordance with (2015-16) Special Provisions No. 7384 (SCHEDULE 1, AD 982) and 12110A (SCHEDULE 2,AD 1060 (ADDITIVE NO. 1)),on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall,and also in accordance with Standard Specifications for Public Works Construction, current edition,as amended by the Special Provisions and"Landscape Cost Estimating"by Colton,current 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 therefore the following unit prices or lump sum prices,to-wit: B-1 PAGE 1 ACCOUNT NUMBER 254-150-0106-5506-1377 BID SCHEDULE PLAN NO. 7384(2015-16) (SCHEDULE NO. 1)ASSESSMENT DISTRICT NO. 982-PIEDMONT AND CITRUS BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (14,950 sq.ft.f) irrigation system,at the lump sum price of. $ 1,470.00 2 1 L.S. Maintenance of slopes,drains,drainage ditches at the L.S. lump sum price of $ 830.00 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 500.00 TOTAL BASIC BID (SCHEDULE 1) (A) $ 2,800.00 C-1 PAGE 2 ACCOUNT NUMBER 254-150-0106-5506-1377 BID SCHEDULE PLAN NO. 7384 (2015-16) (SCHEDULE NO. 1)ASSESSMENT DISTRICT NO. 982-PIEDMONT AND CITRUS SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950 2 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 3 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 4 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 5 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 $ $ 350.00 7 10 EACH Replacement of Sprinkler Heads: Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ $ 120.00 8 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 9 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 10 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour 24.75 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 1) (B) $ 4.681.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 7,481.00 ITEMS OF WORK(SCHEDULE 1) C-2 PAGE 3 ACCOUNT NUMBER 254-150-0106-5506-6056 ADDITIVE NO.I BID SCHEDULE PLAN NO. 12110A(2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 1060—CHIQUITA&DATE BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of turf and irrigation system at the lump L.S. (6,747 sq.ft. ) sum price of: $ 668.00 2 1 L.S. Maintenance of drainage facilities and ditches at the L.S. lump sum price of: $ 301.00 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 150.00 (TOTAL BASIC BID SCHEDULE 2) (A) $ 1,119.00 C-3 PAGE 4 ACCOUNT NUMBER 254-150-0106-5506-6056 ADDITIVE NO. 1 BID SCHEDULE PLAN NO. 12110A (2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 1060-CHIQUITA&DATE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacetent of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each 10.00 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 $ $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 2) (B) $ 4,821.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 5,490.00 ITEMS OF WORK(SCHEDULE 2) C-4 BID SUMMARY BID SUMMARY ALLSCHEDULES Indicate Total Bid for each schedule in the spaces provided and the total of all schedules. TOTAL BID: 7,481.00 SCHEDULE 1-AD 982 (A) $ TOTAL BID ADDITIVE NO.1 $ 5,940.00 SCHEDULE 2-AD 1060 B TOTAL BID FOR CONTRACT SUM OF ALL SCHEDULES: (A+B) $ 13,421.00 NOTE: THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE NO. 1 (SCHEDULE 4) ANYTIME DURING THE TERM OF THIS CONTRACT, OR NOT TO COMMENCE ANY MAINTENANCE. IF MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE TERM OF THIS CONTRACT,TOTAL PAYMENT AMOUNT FOR BASIC BID SHALL BE PRORATED ACCORDINGLY. BASIS OF AWARD OF CONTRACT:THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK (A) OR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF ADDITIVE NO. 1 (B)(A+B). BIDDER MUST SUBMIT BIDS FOR BOTH THE BASIC AND SUPPLEMENTAL ITEMS OF WORK FOR ALL SCHEDULES INCLUDING ADDITIVE NO. 1. C-5 BID NOTES: 1. The total price must be extended for each item of work and the total of all items inserted in the space provided. 2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work. 3. An estimate of the square footage involved in each Basic Bid item has been provided to assist the Contractor but are not to be construed as actual quantities. The Contractor,by submitting bid, has satisfied themselves of the actual character and quantity of work and the price bid will be for the Jump sum unit price. 4. An estimate of the quantities involved in each Supplemental Items of Work item has been included for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit price for increased or decreased quantities. C-6 BIDDER'S INFORMATION AND SIGNATURE It is the understanding of the undersigned that the work hereinabove described shall be commenced on, September 17,2015 except as previously noted, and shall continue in a good and workmanlike manner for the term of the contract. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guarantee accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. CLASSIFICATION c-27 C61/Q4A FIRM NAME: BUSINESS ADDRESS: SIGNATURE OF BIDDER: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals,co-partners composing the firm. If a corporation,state legal name of the corporation,also the names of the president, secretary,treasurer and manager thereof. Inland Empire LaAdsGape, IRG. Inel Iharra Plaskiant — Anal Iharra Traci irar Telephone No. (ana) 473-9066 Dated j,jiv?n .20 jr, BIDDERS ACKNOWLEDGEMENT OF ADDENDUM: ADDENDUM NO. 1 DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: C-7 Inland Empire Landscape Inc BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of the Public Contract 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. Name&Address Under Which Agency&No.of Subcontractor MBE/WBE CERT. Sub-Contractor Sub-Contract Specific Licensed (If Applicable) Phone No. Amount Sub-contract 1. N/A 2. 3. 4. 5. 6. D-1 WORKER'S COMPENSATION INSURANCE CERTIFICATION I am aware of,and will comply with,Section 3700 of the Labor Code,requiring every employer to be insured against liability for Workers'Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM: BY: In 1 TITLE: DATE: JIlly 9() E-I (This affidavit shall be executed by all bidders at the time of bid submittal.Failure to execute the affidavit on this page will result in rejection of bid) NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California,Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: The he/she has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Name Business Address 94159 Karr, St San Rare pgT(,;a�2�07 -- Signature of Bidder Printed Name&Title Inel Iharra Procident San Bernardino Place of Residence State of California County of San Re-rngrrJinn Subscribed and sworn to (or affirmed) before me on this 20_day of , 2015, by proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (Seal) Signature �. F-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT R, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. it i STATE OF CALIFORNIA f Riverside County o On July 21, 2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as it appears on the official seal i si personally appeared Joel Ibarra — Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the } within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), SUSAN C.MONTEON and that by his/her/their signature(s) on the instrument the !! USAN.I�2033248 person(s), or the entity upon behalf of which the person(s) Nabnq.#20C•Nb8 mm acted, executed the instrument. j vu WVVIERSMCOUNTY .. I certify under PENALTY OF PERJURY under the laws of SLY It 2017 the State of California that the foregoing paragraph is true and correct. Witness my ha d and official seal. Signature Place Notary Seal Above Signature of Notary Public Susan C. Monteon I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. j, Description of Attached Document Title or Type of Document: Number of Pages: Document Date: g - - ---- �I ,I Signer(s) Other Than Named Above: _ _._..___._....._____._._..._____....... Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: -----...------ .—........... – -.- ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited [I General ❑ Partner ❑Limited❑ General F-1 Attorney in Fact I Attorney in Fact. • i ❑ Trustee OF - ❑ Trustee E] Guardian or Conservator Guardian or Conservator Top of thumb here ❑ Top of thumb here j ❑ Other: ❑ Other: 1 i 1 Signer is Representing: Signer is Representing: t' ....._......._..___............. Bond Number: CDGB103791 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. as Principal,and Contractor Managing General Insurance Agenry,Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 _as Surety,are hereby and firmly bound unto the City of San Bernardino . State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent j 10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS,the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made apart hereof to enter into a contract in writing,for the Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined-Are �.�-_ (Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on July 21, 2015 _ (Insert date of opening) NOW,THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension`Owner and Contractor shall obtain the Surety's consent of an extension of acceptance of the bid beyond ninety(90)days. Signed,this 20th day of_ July 20 15 IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc.—(SEAL) Contractor Managing General Insurance Agency,Inc. JSEAL) Principal trety By: ` _ By: Signature g Stephanie Hope Shear, Attorney-In-Fact Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. F-2 ..If awarded this Project,The term of the Performance/Payment bonds is for one(1)year only.Option renewal years will be approved by the surety company and extended at their sole discretion. Bond No.: CDGB103791 Premium:N/A Taxes& Fees:N/A State National Insurance Company,Inc.Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attomey(s)-in-fact to execute,seat and deliver for and on its behalf as surety,the following bond described as: Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined -Area D for: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these present,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 24th day of March,2014. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter,President Trace Ledbetter,Secretary STATE OF TEXAS County of Tarrant On this24th day of March,2014 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. MlndV I s l�.�rl�� Notary P s % � Sacs of Texas Comm.Exp.04-21-15 ? [Notary Stamp] Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY,INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attested the seal of said Company this2Dbday ofd 1IV 2015 Trace Ledbetter,Secretary CMGIA-SNI C-SUR-014-03/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On JUL 2 0 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHlRLEY GIGGLES is true and correct. Commission# 1987675 z •n Notary Public-California i WITN my,,,hand end official seal. Z Los Angeles County My Comm.Expires Sep 7.2016 Sigaatur Signa of ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General Individual ❑Attorney in Fact Individual :1 Attorney in Fact L Trustee ❑Guardian or Conservator ❑Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � I [ [document notary public or other officer completing this certificate verifies only the identity of the individual who signed the €. ! to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA Cou nt y of Riverside On July 21, 2015 before me, Susan C. Monteon . Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Joel Ibarra Name(s)of Signer(s) I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heJShe/they executed the same in his/her/their authorized capacity(ies). „ and that by his/her/their signature(s) on the instrument the I 3USI1P1 C =N person(s), or the entity upon behalf of which the persons) i r COMM42033248 acted, executed the instrument. i t�iu*My�W I certify under PENALTY OF PERJURY under the laws of Comity,E* JULY 13,2017 the State of California that the foregoing paragraph is true and correct. fif{(f7 Witness my ha d and official seal. ' ii Signature Place Notary Seal Above Signature of Notary Public Susan C. Monteon OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document !t Title or Type of Document: 1. Document Date: Number of Pages Signer(s) Other Than Named Above: _. Capacity(ies)Claimed by Signer(s) i Signer's Name: Signer's Name: ❑ Individual ❑ Individual ll ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner El Limited El General El Partner ❑Limited El General III l ❑ Attorney in Fact -•- El Attorney in Fact THUMBPRINT ❑ Trustee s ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: F1 Other: Signer is Representing: Signer is Representing: Inland Em,, BIDDER'S IRM NAME MBE/WBE INFORMATION - GOOD FAITH EFFORTS The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women Business Enterprise(WBE)Goal of 5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement N/A B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations,etc.): Names ofMBEIWBE Initial Solicitation Follow Up Methods Solicited Dates and Dates N/A - C. The items of work which the bidder made available to MBE/WBE firms,including,where appropriate, any breaking down of the contract work items(including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WBE firms. Items of Work Breakdown of Items N/A G-1 D. The names,addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work(please attach copies of quotes from the firms involved): Firms Rejected N/A Firms Selected E. Efforts made to assist interested MBE/WBEs in obtaining bonding,lines of credit or insurance,and any technical assistance or information related to the plans,specifications and requirements for the work which was provided to MBE/WBEs: F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment,supplies,materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G-2 G. The names of agencies,organizations or groups contacted to provide assistance in contacting,recruiting and using certified MBEs/W BE firms(please attach copies of requests to agencies or organizations,and any responses received, i.e., lists,Internet page download,etc.): Name qf' Method/Date Results AgencylOrganization c?/Contact of Contact N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): G-3 Inland Empire Landscape Inc BIDDER'S FIRM NAME REFERENCES Date: iuly?o go15 The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Public Agency's Contract Name,Title Name&Address Type of Project Contract Amount Date Completed &Phone Number c - ._Clty of Rialto_______— Annual Landscape g_ ,QOp.00-- In oro°r-ess nn7--.--- 1 FO S Palm Ave GaAgFal-Maint—�ices lzadscape-Coptract Rialto,Ca 99407—_—___. AdmlrllStrtOr-- 2 escape _ 5.548,400..00— Jn nrnr nLess- lim Tickam Yar 3QQN1grth_h D St_ -- F IGeS --- Park Superinteadent _fan f3Prnardmo_C;a-92-4184 Annual Landscape& $ 372,000,, 0,- In groress Robert Filiar 3. City of Riversi a Publi ,Work -- 1900 Main St. General Maint S.rvi. s City Landscape in pector Riverside,Ca 92501 (951)712_4365 H-1 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS SECTION 1 SPECIFICATIONS AND PLANS 1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction,current edition,amended by any Special Provisions set forth herein,the"Landscape Cost Estimating"by Colton,and in accordance with the following Special Provisions. 1-B DEFINITIONS--Whenever in the Standard Specifications the following terms are used,they shall be understood to mean and refer to the following: Agency/Owner-The City of San Bernardino. Board -The Mayor and Common Council for the City of San Bernardino. Engineer -The City Engineer, Department of Public Works for the City of San Bernardino or authorized designee. Inspector -Authorized designee of the Engineer. 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,current edition. Landscape Cost Reference - "Landscape Cost Estimating"by Colton, current edition. Other terms appearing in the Standard Specifications, 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. 1-C LIGHTING--Repair,replacement and maintenance of all street lighting shall be the responsibility of the City and is not a part of this contract. 1-D TOT LOT EQUIPMENT--Repair,replacement and maintenance of all Tot Lot equipment,if any, shall be the responsibility of the City and is not a part of this contract. SP-1 SECTION 2 BID REOUIREMENTS AND CONDITIONS 2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids 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 and the Mayor is authorized to execute the contract. In the event the bidder whose bid 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 bid 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. 2-B MINORITY AND WOMEN'S BUSINESS ENTERPRISES--A policy for establishing goals for participation of minority and Women's Business Enterprise(MBE/WBE)was adopted by Resolution No.95- 409 by the mayor and Common Council of the City of San Bernardino,on 11-20-95.This outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15% MBE and 5% WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise,certified by Caltrans. SP-2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises(MBEs),Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reachout to MBEs,WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings,if any,scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs,WBEs and other business enterprises. The bidder shall,when economically feasible,divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications,minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs,having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances,the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs,WBEs and other business enterprises not less than fifteen days prior to the submission of bids. SP-3 (8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises,as determined by the city. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs,WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub-contractors,failure to meet those levels shall not be a basis for disqualification of the bidder.A determination of the adequacy of a bidders'good faith effort must be based on due consideration of the indicia of good faith as set forth above, In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above,the City shall,if requested,and prior to the award of the contract,afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 23 8 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately,and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-4 SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-A GENERAL -- The bidder whose bid 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 and authorizing the City Manager 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-B 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.In lieu of the Bond as referenced above,the Contractor may deposit with the City a cash amount equal to $100 or ten percent(10%) of the total amount bid for the first year's maintenance,whichever is greater. The amount so deposited shall be retained by the City of San Bernardino and will be returned to the Contractor upon completion of the term of the contract. There will be no interest paid to the Contractor on the amount so deposited. 3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a maximum of two (2)additional one year periods by mutual agreement of the Director or Public Works. 3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. SP-5 SECTION 4 SUPERVISION OF WORK 4-A MONTHLY EVALUATIONS--The Inspector will prepare a monthly evaluation and performance report relative to the project area. Contractor and Inspector shall meet at least once each month at the office of the Inspector or at another location as agreed upon by the parties,to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion. 4-B INSPECTIONS --An inspection form will be completed by the Inspector every week. Any items noted not to be in compliance with the specifications will be discussed immediately with the Contractor's on site representative. Correction of these items shall be accomplished as set forth at Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall constitute sufficient grounds for further action,up to and including termination of the contract. Contractor or his representative shall also meet once each week on site for field inspections with the Inspector to discuss and sign said inspection report.Failure on the part of the Contractor to meet at the designated time and place will result in a 10% reduction in the monthly contract payment for each occurrence. 4-C REPRESENTATIVE OF CONTRACTOR--An authorized on-site English speaking responsible representative of the Contractor shall be designated in writing at the time this contract is executed by the Contractor. This representative shall be considered as an agent of the Contractor with authority to receive official notices and make binding agreements on the prosecution of the work. The Inspector shall be given 5 days prior written notice of a change in such representative. 4-D UNIFORMS--All employees shall be dressed in a uniform shirt identifying them as the Contractor's personnel,and shall be so attired at all times,including all necessary safety attire,equipment,and vehicles, which shall also bear the Contractor's State License number. 4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in compliance with this Agreement, or brought into compliance within the period of time allotted, may be withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by the City to correct the problem or for services not fulfilled by the Contractor. A statement will be provided with the monthly payment describing the reason for withholding a portion of the payment and a listing of the amount. (See also Section 6-E of these Special Provisions.) 4-F TERMINATION OF CONTRACT --Failure to perform specified items of work as provided in these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and will be effective 15 calendar days after receipt of said notice. This contract may be terminated at any time, for any reason by the City after giving sixty(60) days written notice to the other party. Notification of any termination will be given to the surety, who shall have the right to take over the contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance services with the right to recover damages from the principal or the surety arising from the principal's failure to perform. SP-6 4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted November 21, 1994,the Mayor and Common Council established a policy which states that any assessment district landscape Contractor who has their contract terminated by the City for non-performance shall be deemed a"non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. A Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the San Bernardino Municipal Code. SP-7 SECTION 5 LEGAL REQUIREMENTS 5-A 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 the execution of the contract.The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by,/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Following is the required minimum limits of Insurance: Bodily Injury . . . . . . $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage . . . $100,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of$1,000,000 will be considered equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in Section 7-3 of the Standard Specifications. 5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors before execution of the contract. 5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. SP-8 The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358.Prevailing wage shall comply with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be required by Inspector in the event of a problem becoming evident. 5-D SAFETY REQUIREMENTS--All work performed under this contract shall be performed in such manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909) 384-5111. 5-F USE OF CHEMICALS--The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals approved by the State of California,Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California Registration No. and Chemical Abstract Service No. (Case#),and based on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the current San Bernardino County Department of Agriculture regulations. No chemicals,herbicide or pesticide shall be applied until its use is approved,in writing,by the Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or pesticides and hereby specifically reserves to itself full rights against any party for any damages which are proximately caused by the negligence or improper use of any such chemicals, herbicides or pesticides. Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector. Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained from the County of San Bernardino Department of Agriculture and written permission has been obtained from the Engineer. 5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race,color,religion,sex, marital status or national origin. Contractor shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal,state and local laws. Such action shall include,but not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and promotion. In addition,Contractor shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion, in compliance with state and federal laws. 5-H SOUND CONTROL REQUIREMENTS--The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud,unnecessary and excessive noises. SP-9 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 may or 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. 5-1 PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution of the contract. 54 WARRANTY-- Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorneys' fees and costs,presented,brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. SP-10 DATE(MWYYIDD) ACOBD CERTIFICATE OF INSURANCE 0^/15/98 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE COMMEF.C'IAL ASSOCIATES INS, INt AFFORDED BY THE POLICIES BELOW. 12-2-6 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE ANAHEIM, CA 92-807 COMPANY A CNA—TRANSCONTINETAL INSURED COMPANY B CNA—VALLEY FORGE INLAND LANDSCAPING SERVICES COMPANY 3000 CALIFORNIA STREET C CHUBB GROUP—FEDERAL INSURANCE SAN BERNARDINO, CA 9_2907 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE JMMNYIDO) DATE(MMlYYIDD) GENERAL LIABILITY GENERAL AGGREGATE f^,0 0 S PRODUCTS-COMPIOPAGG f ,00s0 r �i A X COMMERCIAL GENERAL LIABILITY PERSONAL a aov suuer ; 1,iJ 00,u+)4 CLAIMS MADE OCCUR X EACH OCCURENCE fIr LI0-),Ul(i OWNER'S 8 CONTRACTOR'S PROT FARE DAMAGE(Any one fire) f 1> Med eip(Any one person) S 51 C)i)1) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f I r;)%I C)r i;p)4� ANY AUTO BODILY NJUTY f X ALL OWNED AUTOS (Per person) g X SCHEDULED AUTOS X HIRED AUTOS BODILY NJURY f (Per accident) X NON-0WNEDAUTOS BAP 519711�5 0--/01/98 0^;01 99 PROPERTY ACCIDENT f GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO C T f A TE f EXCESS LIABILITY E f UMBRELLAFORM f OTHER THAN UMBRELLA FORM f WORKERS COMPENSATION AND WC STATU OTt+ ;"r,y TORY LIMTS ER EMPLOYER'S LIABILITY EL EACH ACCIDENT f THE PROPRIETOR! PARTNERSIEXECUTNE ..CL EL DISEASE-POLICY LIMIT $ OFFICERS ARE- EXCL EL DISEASE-EA EMPLOYEE f OTHER DESCRIPTION OF OPERATKNNSILOCAT"SNEHICLESISPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: AD '?000, CONTRACT 9395 BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF SA-14 BERNARDINO EXPIRATION DATE THEREOF,THEISSUING COMPANY WILL "' .AVQ :e MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT, DEPARTMENT OF DEVELOPMENT SERVICE" c oTNCC^ PUBLII' WORKS DIVISION 300 NORTH "D" STREET :=AN BERNARDINO, _CA AUTF{Qj21Z{D REP IV S ACORD 25-S(1195) TlA//l aN•wV iZ 0 ACORD CORPORATION 1988 SP-11 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET SAN BERNARDINO, CA 92418-0001 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGEND BY AUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY ALSO SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-12 SECTION 6 PAYMENTS/GENERAL 6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the month the work is performed, or 21 days after approval by the Inspector,whichever occurs later. The first payment may be pro-rated in accordance with the actual portion of the month worked. Request for payments must be submitted each month and shall be hand delivered to the Inspector at the monthly evaluation meeting. Extra work shall NOT be listed on the request for payment, but billed separately on forms provided by the Inspector for extra work billing and the work must have been previously approved as set forth in Section 6-D below. Upon acceptance and approval of the billing by the City,payment for Extra work will be made the following billing cycle. 6-13 PAYMENTS WITHHELD--The City may withhold payment to such extent as may be necessary to protect the City from loss due to: 1. Defective work not corrected. 2.Claims filed or reasonable evidence indicating probable filing of claims by third parties against the City arising from the performance of the Contractor or any subcontractor under this agreement. 3. Maintenance not being performed or completed. 6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and shall be based upon actual damages and/or the amount and type of maintenance not completed.Retention of payment for damaged irrigation components,or loss of any plant material may be released to the contractor upon repair or replacement of the needed items or completion of work. Deductions for incomplete or inadequate maintenance not performed at the required schedules shall be a permanent deduction. 6-D EXTRA WORK-- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA WORK" of the Standard Specifications. 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 negotiated price. Prior approval shall be obtained in writing from the Engineer,or his designee, before performing any extra work, except for urgently needed repairs to the irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of material invoices and rental receipts,if any,as backup for the amount charged Extra Work includes repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall make final determination if work needed is due to vandalism or contractor's negligence. 6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to Contractor's SP-13 negligence shall be classified as Supplemental Items of Work.All supplemental work performed shall be as directed by the Inspector and then Engineer. The provisions contained in Section 3-2,"Changes Initiated by the Agency",of the Standard Specifications shall not apply to Supplemental Items of Work,and no adjustment shall,therefore,be made in the contract unit price for increased or decreased quantities of Supplemental Items of Work. 64 PROJECT APPEARANCE --The Contractor shall maintain a neat appearance to the work. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations. 6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance elements of the maintenance contract. The Inspector 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 Inspector, not to exceed ten(10)days,to conform to the contract standards. If after said 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 Inspector will notify the Engineer who will have the option of terminating the contract and re-advertise for a new contractor. The necessity of sending more than two(2)formal notices to the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for termination of the contract. In such event, then the amount of cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate result of Contractors'failure to perform as required by the Agreement. 6-H HOURS OF LABOR--The Contractor shall conduct his operations during the hours specified in Section 7-B-2. 6-I PERSONNEL--The Contractor shall furnish sufficient supervisory and working personnel of such capabilities as to promptly accomplish on schedule,and to the satisfaction of the Inspector all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a company identifying marker. The Inspector may require the Contractor to immediately remove from the work site any employee(s)observed to pose a threat to the public and whose continued employment on the job is contrary to the best interests to the City. The Contractor shall assign an English speaking responsible Foreman,who maybe a working Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with respect to performance of this contract.Adequate and competent supervision,as determined by the Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment of a first-class job. 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 therefore. 64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any SP-14 provisions of this Agreement will be entitled to recover from the losing party all attorney fees,court costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office,in connection with that action shall be considered as attorney's fees for the purpose of this agreement. SP-15 SECTION 7 DESCRIPTION OF WORK 7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry as determined by the Inspector. 7-B WORK TO BE PERFORMED--The work to be performed consists,in general,of the following: 7-B-1 Maintenance--Complete landscape maintenance of all contract areas to include litter removal, irrigation,pruning,shaping and training of trees,shrubs,and ground cover plants;raking;fertilization;weed control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all other maintenance required to maintain the contract areas in a safe,attractive,usable,healthy and vigorous condition. All other areas,such as sidewalks,curbs,gutters,expansion joints,median hardscape(if any),within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for weeding. Unimproved areas beyond described limits are not a part of this contract. For unimproved areas within described limits,ten(10)feet from curb face shall be maintained weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved areas to be maintained are shown on the Plan. 7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance required under this contract from Monday through Friday,excluding holidays,as defined and as specified in this Section of these Special Provisions. Exceptions may be made to normal working hours (7:00 a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow for proper maintenance. The Inspector may grant,on a case by case basis,permission to perform contract maintenance at other hours or on designated holidays. Designated legal holidays are: January 1 st,the third Monday in January,the third Monday in February, the last Monday in May,July 4th,the first Monday in September,November 11 th,Thanksgiving Day and the Friday following,December 25th and the working day preceding or following)as directed by the Mayor and Common Council and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of any work required by these specifications,and any changes in scheduling shall be reported in writing,to the Inspector immediately. SP-16 7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In addition,a special notification listing exact start date for fertilization,aerification,renovation,pruning and other infrequent operations shall be furnished to the Inspector at least five(5)working days in advance of performing these operations. 7-B-5. The Contractor will be responsible for replacing trees and plant material due to over watering, under watering or improper horticultural practices or neglect as determined by the Inspector at Contractor's cost. 7-C MAINTENANCE SCHEDULES The following items of work shall be performed by the Contractor with the frequency indicated: Pick up of trash and debris Weekly or as needed. Note:Areas adjacent to high pedestrian traffic may require more frequent pickup of trash as determined by the inspector. Complete Irrigation Test Weekly(with Inspector) Rodent Control Weekly Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure proper and adequate irrigation. (e.g. daily during hot, dry weather). Trimming/Pruning Trees/Shrubs Every two months(areas adjacent to sidewalks&right of way -as needed) Fertilization- (small trees, shrubs, ground cover) Semi-annually Fertilization- (turf) Quarterly Weeding Slopes (all debris to be removed- Slope Areas are as shown on Plan) Monthly Continual Weeding(all shrub/ planter beds,banks, and ALL other areas including hardscape,sidewalks and expansion joints not defined as slopes) Weekly Raking beds; removal of leaves, pine needles, etc. Weekly Shrub/planter bed edging Semi-monthly SP-17 Sweeping/Blowing Walks (after mowing and edging) Weekly Washing walks/Median Hardscape Monthly Concrete Drainage channels cleaned As needed Spraying pre-emergent Quarterly Spraying for weeds As needed Turf mowing Weekly Turf edging Weekly Turf trimming * Weekly Turf aerification Annually(before July 15 or as directed by Inspector) Turf renovation** Annually(before October 15 or as directed by Inspector) Overseeding Annually(before October 15 or as directed by Inspector) Pest control on trees As needed Leach Irrigation *** (min. 12" of water) 4 Times Annually *With a power trimmer around all poles,obstructions,tree wells, sprinkler heads and other miscellaneous items as designated by the Inspector. ** Lawn renovation shall include the following: 1. Eradication of undesirable species. 2. Thatch removal by vertical mowing. 3. Cultivation by coring, grooving slicing or spiking 4. Fertilization and possibly liming. 5. Seeding(with seed approved by the Inspector) 6. Repair damaged irrigation facilities. *** Dates, location and necessity to be determined by the City. The City of San Bernardino shall be responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and leaching dates. 7-D 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 SP-18 of City's acceptance of said improvements.However,the cost of maintenance shall not exceed the unit price awarded under this contract.(i.e.same cost for irrigation components as awarded in this contract;turf and/or ground cover shall not exceed to cost per square foot awarded under this contract). 7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner, shall be provided by the Contractor. Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the contract bid prices and no additional compensation will be allowed therefore. 7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this construction. The Contractor shall provide maintenance up to the construction area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by others. Upon restoration,the Contractor shall again be responsible for maintenance. Areas eliminated by construction of hardscape shall be deducted from the gross area under the same provisions as provided above for FUTURE WORK. 7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or modified within the maintenance area shall be negotiated with the Contractor under the same provisions as provided above for FUTURE WORK. The City of San Bernardino may also permanently or temporarily eliminate or modify landscaping within maintenance areas in order for the City to comply with State of California regulations regarding water conservation. SP-19 SECTION 8 TECHNICAL SPECIFICATIONS 8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety" of the Standard Specifications, and these Special Provisions. Warning signs, lights and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California. A minimum of one(1)lane shall be maintained for each direction of traffic at all times,unless approved otherwise by the Engineer. Full compensation for furnishing and installing all signs,lights,flares,barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when maintenance operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The provisions in this section may be modified or altered if,in the opinion of the Engineer,public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. 8-B COOPERATION AND COLLATERAL WORK--Attention is directed to Section 7.7,"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions. Certain companies,governmental agencies,or their Contractors may be working within the area. Certain utility facilities in various locations within the project limits may be removed, relocated, abandoned, or installed by companies'or agencies' contractors. It is anticipated that these existing utilities will not interfere with the Contractor's operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The utility locations shown on the original landscaping plans are correct to the best of our knowledge. When in doubt, the Contractor shall contact the utility concerned before proceeding further. Full compensation for conforming to the requirements of this Section,not otherwise provided for,shall be SP-20 considered as included in the lump sum prices paid for the work involved and no additional compensation will be allowed therefore. 8-C REMOVAL OF SIGNS--Any unauthorized signs,stakes,posts/poles,political or otherwise,found within the landscaped areas from time to time shall be considered as trash and debris and shall be removed by the Contractor as directed by the Inspector. Full compensation for removal of such items shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 8-D CLEANUP AND DUST CONTROL--Cleanup and dust control shall conform to the provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications. SP-21 SECTION 9 IRRIGATION SYSTEMS 9-A The Contractor shall provide the following repairs,maintenance and supply all needed materials,and perform the work as necessary in accordance with the following: 9-B The Inspector shall be immediately notified, of any damage suspected to be caused by accident, vandalism,theft,or Act of God. Immediate notification of any such damage,prior to start of work within the area,will serve to indicate the Contractor's belief that it was caused by factors beyond his control. The City shall review the damage and/or request information from the Contractor in order to establish the true cause of damage and determine responsibility for repair. The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related to his operations. 9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following sprinkler system components as needed,for no additional cost,under normal wear conditions as determined by the Inspector: Sprinkler Heads Sprinkler Head Risers Anti-theft/vandalism sprinkler head devices Valve Covers Valve Boxes or Sleeves Quick Coupler Valves and Hose Bibs Bubblers, Emitters, etc. Sprinkler System Lateral Piping Sprinkler Main(Pressure Line) Sprinkler Control Valves Sprinkler Controller Valve wiring to Controller Ball and gate valves Drip irrigation system including multi-outlet emission device, tubing, and emitters. 9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components due to his own negligence, including removal of anti theft devices. 9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism, theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not covered by an item of Supplemental Work,shall be paid for as Extra Work,in accordance with Section 6-A, "EXTRA WORK", of these Special Provisions. Any replacement must conform to the type and kind of existing system,unless the use of anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation must be approved in writing by the Inspector. 9-F Irrigation shall be done by the use of the automatic sprinkler systems,where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of his responsibility. In the event of a failure of any irrigation component that would prevent SP-22 proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until the repair and/or replacement is accomplished. 9-G In those areas where an automatic sprinkler system is installed,the Contractor shall inspect weekly, or more often if climatic conditions requires, for any damage to the system and for the operation of the system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capacity, and make whatever adjustments which may be necessary to prevent excessive run-off into street right-of-way,or other areas not meant to be irrigated. The periodic inspection may occur more often,but not less frequently,than one inspection each week,in operation,with the Inspector. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: 9-GI Turf,if any,shall be irrigated as required,to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less humidity or high winds, or during a prolonged high temperature period during the summer months). 9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion. 9-G3 Shrub beds, if any, shall be irrigated as required,to maintain horticulturally acceptable growth and color,and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types, seasons and weather conditions. 9-G4 Newly planted trees,shrubs,ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal,healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. 9-11 The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate irrigation. Such repairs will be made by the Contractor with same type/brand head,or approved equal by the Inspector. 9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly basis.This will include laterals,main lines,control valves,control wire,timer/controller and any other items in the system. If any of the items mentioned in this paragraph are found to be defective or in need of repair during the weekly inspections,said items shall be repaired immediately. All materials or parts shall be the same brand or approved equal. Contractor shall notify the City Inspector immediately before making any such repairs b cog 384-5111 during working hours. 94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the Inspector. New sprinkler heads shall be the same type,size and brand as the one to be replaced,except for anti-theft or anti-vandalism devices as approved by the Inspector. The unit price paid for replacing sprinkler heads shall include all items of work (including necessary repairs and/or replacement of piping, fittings, etc.)involved in restoring a sprinkler to full operation and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-23 9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be replaced unless otherwise approved by the Engineer. The City may,at its option,provide Contractor with a replacement timer/controller,in which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply. Replacement of a defective timer/controller is determined as Extra Work and shall be subject to Extra Work requirements as set forth in Paragraph D, Section 6. 9-L Any replacement or repair of the irrigation system accomplished as"EXTRA WORK"shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply,plus material costs. SP-24 SECTION 10 SHRUBS AND GROUND COVER PLANTS 10-A All shrubs and ground cover plants,if any,growing in the work area shall be pruned as required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Inspector,will not be permitted. 10-B Plants to be maintained shall conform to the requirements of Section 2.2,"Tree and Shrub Care"and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions. 10-C Replacement of plants,shrubs and ground cover shall be in accordance with construction plans and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,and/or with the landscaping construction plans for the various subdivisions which are included within this project,or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5 gallon. The unit price paid for replacing shrubs and ground cover shall include all items of work involved in removing and planting shrubs and ground cover and at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". A Flat of ground cover is considered to contain 64 plants. SP-25 SECTION 11 FERTILIZER AND PEST CONTROL AGENTS 11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions. 11-B-- Turf Grass 11-B-1 Manure shall not be used as a fertilizer or soil conditioning material. 11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall be approved by the Inspector. 11-B-3 Fertilizer shall be packaged in multi-wall paper bags,polyethylene lined for moisture resistance. 11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Inspector or based on the results of the soil testing and at the times specified below(or as otherwise directed by Inspector): July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 11-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Inspector 2-3 days before application and submit bag tag. 11-C Shrub Beds, Ground Cover, and Small Tree Fertilization 11-C-1 Fertilization of all shrub beds,ground cover areas and all young trees(3"caliper and smaller) within the designated work area shall be accomplished two (2) times per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the Inspector. 11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material. Fertilizer shall be applied at the times specified below: October 1 - October 15 March 15 - April 1 11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. 11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference. SP-26 SECTION 12 LAWN/TURF 12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be maintained if the turf area abuts a shrub bed,property line or to maintain a turf delineation. 12-B All lawn areas included in this contract shall be mowed with approved power-propelled reel-type or rotary mowers. The mowers shall be equipped with catchers.Mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A MULCH- MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF INSPECTOR. 12-C Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform,level cut no higher than three(3)inches,or as otherwise instructed by the Inspector,but no more than 25%of existing growth to be removed in any one mowing. 12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request,from the Inspector,for reasons of rain or prolonged cold,alteration of this mowing frequency. 12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten(10)days prior to beginning work;renovation shall occur upon thirty(30)days notice from the Inspector. Care should be taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation process has taken place. 12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a minimum of 75%germination will require reseeding by the Contractor at no extra cost to the City. 12-G Turf area shall be 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 at no additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Inspector. A schedule of aerification equipment to be used shall be submitted to the Inspector ten(10)days prior to beginning work. 12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean,neat appearance of turf areas. In the event of the mulch-mowing as provided under Section 12-B, all clippings must be adequately fine-cut and spread as to achieve a neat appearance. SP-27 12-I Any turf to be replaced which suffers any Act of God,vandalism or other destructive occurrences,in excess of the number stated in the bid item,and not directly or indirectly caused by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of work. 12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed and shall be installed as directed by the Inspector. The unit price paid for replacing turf shall include all items of work involved in removing and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-28 SECTION 13 SLOPE/BANK/DRAIN MAINTENANCE 13-A All Slopes are to be weeded by hand or using a power weed cutter.All other plant material located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed weekly. AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY,ARE DELINEATED ON SAID PLAN (S). 13-B All vertical areas not defined as"Slopes Areas"will be considered as Banks and are to be maintained as stated in these Special Provisions. 13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned as needed. SP-29 SECTION 14 WEED CONTROL 14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands, medians, undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round-up per manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for duration of contract. This shall also include weekly trash and litter pick-up. 14-B All landscaped areas within the specified maintenance area including lawns,shrub and ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished within each seven (7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks. SP-30 �., SECTION 15 TREES 15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits, appearance, and health of the tree. The Contractor shall,as a part of this contract,be responsible for TOTAL TREE CARE PROGRAM(all of each tree). Said program is the selective and natural approach to pruning of all trees on site and includes pest and disease control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of the Inspector any tree that: shows signs of root heaving,and leaning,or has hanging limbs or is in some manner,a safety hazard. Contractor shall notify the Inspector 48 hours prior to any pruning. 15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost,nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball. 15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Inspector. 15-D Any trees to be replaced which suffer any Act of God,or vandalism and not due to negligence by the contractor, shall be classified as supplemental items of work. 15-E Tree removal and replacement due to the Contractor's negligence,including lack of pest and disease control, shall be at Contractor's expense. 15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least four approved ties. Tree ties shall be inspected monthly,and corrective action taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic bid price for tree maintenance. 15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section. The unit price paid for replacing trees shall include full payment for all work involved in furnishing and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-31 Bond Number:CDGP102384 State National Insurance Company Administered by: CM(S IA CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: 2456 Kern St. Contractor Managing General Insurance Agency, Inc. San Bernardino,CA 92407 20335 Ventura Blvd. Ste.#426,Woodland Hills, CA 91364 OWNER (Name and Address): City of San Bernardino 300 North"D"Street,Third Floor San Bernardino,CA 92418 CONSTRUCTION CONTRACT Date: Amount: Eighteen Thousand Four Hundred Fifty Three and 88/100ths($18,453.88) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1,AD 982 and 1060(Additive No.1)-Area 0 BOND Date (Not earlier than Construction Contract Date): August 31 2015 Amount: Eighteen Thousand Four Hundred Fifty Three and 88/100ths($18,453.88) Modifications to this Bond: dkone DSee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corporate Seal) State National Insurance Company, Inc.Administered By: INLAND EMPIRE LANDSCAPE I Contract enerat-�ce Agency, Inc. Signature: S------Signature: Name and Title: ty, Name and Title hanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave. #450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CM G IA-SN IC-016-05/12 I The Contractor and the Surety,jointly and severally, soon as practicable after the amount is bind themselves, their heirs, executors, administrators determined tender payment therefore to the successors and assigns to the Owner for the performance Owner; or of the Construction Contract, which is incorporated .2 Deny liability in whole or in part and notify herein by reference. the Owner citing reasons therefore. 2 If the Contractor performs the Construction Contract, 5 If the Surety does not proceed as provided in the Surety and the Contractor shall have no obligation Paragraph 4 with reasonable promptness, the Surety shall under this Bond, except to participate in conferences be deemed to be in default on this Bond fifteen days as provided in Subparagraph 3.1. after receipt of an additional written notice from the 3 If there is no Owner Default,the Surety's obligation Owner to the Surety demanding that the Surety perform under this Bond shall arise after: its obligations under this Bond, and the Owner shall be 31 The Owner has notified the Contractor and the entitle to enforce any remedy available to the Sure at its address described in Paragraph 10 below Owner. If the Surety proceeds as provided in Surety Subparagraph 4.4 and the Owner refuses the payment that the Owner is considering declaring a Contractor tendered or the Surety has denied liability, in whole or Default and has requested and attempted to arrange in part, without further notice the Owner shall be a conference with the Contractor and the Surety to entitled to enforce any remedy available to the owner. be held not later than fifteen days after receipt of such notice to discuss methods of performing the 6 After the owner has terminated the Contractor's right Construction Contract. If the Owner, the Contractor to complete the Construction Contract, and if the Surety and the Surety agree,the Contractor shall be allowed elects to act under Subparagraph 41, 4.2 or 4.3 above, a reasonable time to perform the Construction then the responsibilities of the Surety to the Owner shall Contract, but such an agreement shall not waive the not be greater than those of the Contractor under the Owner's right, if any subsequently to declare a Construction Contract, and the responsibilities of the Contractor Default;and Owner to the Surety shall not be greater than those of 3.2 The Owner has declared a Contractor Default the Owner under the Construction Contract. To the and formally terminated the Contractor's right to limit of the amount of this Bond, but subject to compplete the contract. Such Contractor Default shall commitment by the Owner of the Balance of the not be declared earlier than twenty days after the Contract Price to mitigation of costs and damages on Contractor and the Surety have received notice as the Construction Contract the Surety is obligated without provided in Subparagraph 3.1;and duplication for: 3.3 The Owner has agreed to pay the Balance of 6.1 The responsibilities of the Contractor for correc- the Contract Price to the Surety in accordance with on of defective work and completion of the C the terms of the Construction Contract or to a Construction Contract; contractor selected to perform the Construction 6.2 Additional legal design professional and delay Contract in accordance with the terms of the contract costs resulting from the Contractor's Default, and with the Owner. resulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of under Paragraph 4;and Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual e for the Contractor, with consent of the damages caused by delayed performance or non- 41 Arrange performance of the Contractor. Owner, to perform and complete the Construction Contract; or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to 4.2 Undertake to perform and complete the Con- the Construction Contract, and the Balance of the struction Contract itself, through its agents or through Contract Price shall not be reduced or set off on account independent contractors;or of any such unrelated obligations. No right of action shall 4.3 Obtain bids or negotiated proposals from accrue on this Bond to any person or entity other than qualified contractors acceptable to the Owner for a the Owner or its heirs, executors, administrators or contract for performance and completion of the successors. Construction Contract, arrange for a contract to be g The Surety hereby waives notice of any change, prepared for execution by the Owner and the including changes of time, to the Construction Contract contractor selected with the Owner's concurrence, or to related subcontracts, purchase orders and other to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds obligations issued on the Construction Contract, and pay to the 9 Any proceeding, legal or equitable, under this Owner the amount of damages as described in Bond may be instituted in any court of competent Paragraph 6 in excess of the Balance of the Contract jurisdiction in the location in which the work or Price incurred by the Owner resulting from the part of the work is located and shall be instituted Contractor's default;or within two years after Contractor Default or within two years after the Contractor ceased working or. 4.4 Waive its right to perform and complete, arrange within two years after the Surety refuses or fails for completion, or obtain a new contractor and with to perform its obligations under this Bond, reasonable promptness under the circumstances: whichever occurs first. If the provisions of .1 After investigation, determine the amount for this Paragraph are void or prohibited by law, which it may be liable to the Owner and as the minimum period of limitation avail- 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMGIA-SNIC-016-05/12 able to sureties as a defense in the jurisdiction the suite been made, including allowance to the Contractor of shall be applicable. any amounts received or to be received by the Owner 10 Notice to the Surety, the Owner or the Contractor shall in settlement of insurance or other claims for damages be mailed or delivered to the address shown on the signature to which the Contractor is entitled, reduced by all valid page. and proper payments made to or on behalf of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location Construction Contract: The agreement between where the construction was to be performed, any provision in thhe e Owner and the Contractor identified signature page, including all Contract Documents the s and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal Contractor Default: Failure the Contractor, requirement shall be deemed incorporated herein. The which has neither been remedied d nor waived to perform or otherwise to comply with the terms of the intent is that this Bond shall be construed as a statutory Construction Contract bond and not as a common law bond. 12.4 Owner Default: Failure of the Owner which has 12 DEFINITIONS neither been remedied nor waived, to pay the 12.1 Balance of the Contract Price: The total amount Contractor as required by the Construction Contract b the Owner to the Contractor under the or to perform and complete or comply with the other payable Y terms thereof. Construction Contract after all proper adjustments have MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: State National Insurance Company,Inc.administered by: INLAND EMPIRE LANDSCAPE rance Agency,Inc. Signature: Sign Name and Title:�o '�lratec. �ttXt� Name and Title. S phanie Hope Shear,Attorney-In-Fact Address: 2456 Kern St. San Bernardino, CA 92407 Address: 2,0 5 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAx: 866-495-2510 C M G IA-S N I C-016-05/12 Bond No:CDGP102384 State National Insurance Company,Inc.Administered by: Premium: $554.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or sewrally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature,date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbettert Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each ofthe herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. ,PY P4" DEANA HOWELL P A�' -�• Notary Public,State of Texas [Notary Stamp] `,- My Commission Expires Signature of Notary January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 St day of UgUSt 2015 Trace Ledbetter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) AUG On 31 201 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. LU 1987675 WIT E m nd and offi cialic-California�'" les County www 7 2016 M ires SeP Signat f P b Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number:CDGP102384 State National Insurance Company Administered by: CMI(SIA CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. 2456 Kern St. 20335 Ventura Blvd. Ste.#426,Woodland Hills,CA 91364 San Bernardino,CA 92407 OWNER (Name and Address): City of San Bernardino 300 North"D"St.,Third Floor San Bernardino, CA 92418 CONSTRUCTION CONTRACT Date: Amount: Eighteen Thousand Four Hundred Fifty Three and 88/100ths ($18,453.88) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1, AD 982 BOND and 1060 (Additive No. 1)-Area D Date (Not earlier than Construction Contract Date): August 31, 2015 Amount: Eighteen Thousand Four Hundred Fifty Three and 88/100ths($18,453.88) Modifications to this Bond: ONone ISSee Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. Signature: -------_ Signature: - -------- ------------- Name and Title:::--f pG�-� �r�� � �� Name and Title: tephanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave. #450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAx: 866-495-2510 C M G I A-S N I C-017-0 5/12 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety ex- successors and assigns to the Owner to pay for labor, pense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant with a copy to the mance of the Construction Contract, which is incorporated Owner, within 45 days after receipt of the claim, stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner, this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 62 Pay or arrange for payment of any undisputed 21 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety' s total obligation shall not exceed the 22 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or g Amounts owed by the Owner to the Contractor under equipment for use in the performance of the Construc- the Construction Contract shall be used for the perfor- tion Contract, provided the Owner has promptly noti- mance of the Construction Contract and to satisfy claims, if fied the Contractor and the Surety (at the address de- any, under any Construction Performance Bond, By the scribed in Paragraph 12) of any claims, demands, liens Contractor furnishing and the Owner accepting this Bond, or suits and tendered defense of such claims, demands, they agree that all funds earned by the Contractor in the liens or suits to the Contractor and the Surety, and performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner' s priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelated this Bond until: to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this, Bond. sent a copy, or notice thereof to the Owner, stating that a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change, includ- stantial accuracy, the amount of the claim_ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 42 Claimants who do not have a direct contract with tions. the Contractor: 11 No suit or action shall be commenced by a Claimant A Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date (1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub equipment included in the claim stating, with paragraph 4.1 or Clause 42 (3), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract, whichever of(1) or(2) first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by 2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor,or not received within as a defense in the jurisdiction of the suit shall be applica- 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety, the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly, and nature page. Actual receipt of notice by Surety, the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety (at the cient compliance as of the date received at the address address described in Paragraph 12) and sent a shown on the signature page. copy or notice thereof, to the Owner, stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed, any provision in the furnished to the Contractor. Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- 5 If notice required by Paragraph 4 is given by the Owner forming to such statutory or other legal requirement shall to the Contractor or to the surety, that is sufficient compl- be deemed incorporated herein_ The intent is that this ance. 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 Fax: 866-495-2510 CMG IA-S NIC-017-05112 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15 Definition the Owner and the Contractor identified. on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: failure of the Owner, which has ment for use in the performance of the Contract. neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limits- tion in the terms "labor, materials or equipment" that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other ter ins telephone service or rental equipment used in the thereof. MOD I ICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any proof of claim requested, the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time shall pay or arrange to pay any undisputed amount. The failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of liability by the Surety; 2) a waiver of any of the Surety's or Contractor's defenses; or 3) a waiver of any other right or basis the Surety or Contractor may have to dispute some or all of the claim. The Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available under this Bond. The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) State National Insurance Company,Inc.administered by: CONTRACTOR AS PRINCIPAL SURETY Contractor Managing General Insurance Agency,Inc. Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. r Signature: ------- Sigc=:_._ _' -- Name and t' a Jpe\ 2r p�eS �� Name and tit _jtephanie Hope Shear Address: 2456 Kern St.San Bernardino,CA 407 Address: 2035 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMG IA-SN IC-017-05112 Bond No: CDGP102384 State National Insurance Company,Inc.Administered by: Premium: $554.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or severally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature,date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter, rest ent Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. prp�' DEANA HOWELL !�y 1 . Notary Public,State of Texas [Notary Stamp] My Commission Expires Signature of Notary 9'•••••4,��� January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 st day ofAugust 2015 TrZLe tter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :r.:.�•�r� �.�s.�.e�.�:car.�����c��� �.��>�r,� r,�c,�;�.�:c �r,�:e�r.�,� ��,�.c,��r �� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On AUG 31 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SNIIiLEY GIGGLES is true and correct. Commission# 1907675 Notary Public California a WITNESS y nd d official eal. i - ; Los Angeles County Comm. p Ex ices Sep 7,2016 M Sign Signat No Pu lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 COUNCIL MEETING — 8/17/15 V/Z..l WA0 60-6 ITEM 711 RESOLUTION #2015-189 FILE NO. 14.40A-E ACCT.NO:254-150-0106-5506+ Project No.; AD 993-PROJECT NO.:1364 AD 1005-PROJECT NO.: 1447 AD 1057-PROJECT NO.:6051 AD 1064-(ADDITIVE NO.1)-PROJECT NO.:6060 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: ASSESSMENT DISTRICT NOS.: 993, 1005, 1057 AND 1064(ADDITIVE NO. 1) (AREA"E") (2015-16)PLAN AND SPECIAL PROVISIONS NOS. 8155 (SCHEDULE 1,AD 993) 8525 (SCHEDULE 2,AD 1005) 12027A (SCHEDULE 3,AD 1057) 12369A (SCHEDULE 4,AD 1064(ADDITIVE NO. 1)) u,r 054420 Exp. 12.3145 /f DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21,2615. FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: (SCHEDULE 1, AD 993)-THE RETENTION BASIN IN TRACT NO. 14184 AND TRACT NO. 14185 IN THE AREA GENERALLY SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET;AND (SCHEDULE 2, AD 1005) - THE RETENTION BASIN IN TRACT NO. 14503-1; THE SOUTH SIDE OF CAJON BOULEVARD BETWEEN PEPPER LINDEN AVENUE AND APPROXIMATELY 110 FEET EASTERLY OF MAJESTIC AVENUE AND IN LANDSCAPE MAINTENANCE EASEMENTS ALONG THE SOUTHERLY SIDE OF TRACT NO. 14503- 1 BETWEEN CAJON BOULEVARD AND A POINT APPROXIMATELY 425 FEET SOUTHWESTERLY THEREOF. (SCHEDULE 3, AD 1057) - SLOPES ALONG PORTIONS ON THE EASTERLY AND WESTERLY SIDES OF UNIVERSITY PARKWAY AND THE DETENTION BASIN ALONG THE SOUTHEASTERLY SIDE OF PARCEL MAP NO. 17375,ALSO KNOWN AS LOT'D';AND (SCHEDULE 4,AD 1064(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS ON THE SOUTHERLY SIDE OF CAJON BOULEVARD,SOUTHEASTERLY OF GLEN HELEN PARKWAY. CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS/ENGINEERING April 1, 2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21, 2015 INDEX BID DOCUMENTS A. Notice Inviting Bids B. Proposal Form C. Bid Schedule D. Designation of Sub-Contractors E. Worker's Compensation Certification F. Non-Collusion Affidavit G. MBE/WBE Information- Good Faith Efforts H. References SPECIAL PROVISIONS SECTION 1 - Specifications and Plans SP-1 SECTION 2 -Proposal Requirements and Conditions SP-2 SECTION 3 -Award and Execution of Contract SP-5 SECTION 4- Supervision of Work SP-6 SECTION 5 - Legal Requirements SP-8 SECTION 6 - Payments/General SP-13 SECTION 7 -Description of Work SP-16 SECTION 8 -Technical Specifications SP-20 SECTION 9 - Irrigation/System SP-22 SECTION 10 - Shrubs and Ground Cover Plants SP-25 SECTION 11 -Fertilizer and Pest Control Agents SP-26 SECTION 12 - Lawn/Turf SP-27 SECTION 13 - Slope/Bank/Drain Maintenance SP-29 SECTION 14 -Weed Control SP-30 SECTION 15—Trees SP-31 CONTRACT AGREEMENT SP-33 PART I ADMINISTRATION Engineer's Estimate: Schedule 1,AD 993: $ 7,350 Schedule 2,AD 1005: $ 6,230 Schedule 3,AD 1057: $20,140 Schedule 4,AD 1064(ADDITIVE NO. 1): $98,877 TOTAL ESTIMATE: $ 132,597 NOTICE INVITING BIDS (AREA "E") 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: (SCHEDULE 1,AD 993)—THE RETENTION BASIN IN TRACT NO. 14184 AND TRACT NO. 14185 IN THE AREA GENERALLY SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET;AND (SCHEDULE 2, AD 1005) — THE RETENTION BASIN IN TRACT NO. 14503-1; THE SOUTH SIDE OF CAJON BOULEVARD BETWEEN PEPPER LINDEN AVENUE AND APPROXIMATELY 110 FEET EASTERLY OF MAJESTIC AVENUE AND IN LANDSCAPE MAINTENANCE EASEMENTS ALONG THE SOUTHERLY SIDE OF TRACT NO.14503- 1 BETWEEN CAJON BOULEVARD AND A POINT APPROXIMATELY 425 FEET SOUTHWESTERLY THEREOF. (SCHEDULE 3, AD 1057) — SLOPES ALONG PORTIONS ON THE EASTERLY AND WESTERLY SIDES OF UNIVERSITY PARKWAY AND THE DETENTION BASIN ALONG THE SOUTHEASTERLY SIDE OF PARCEL MAP NO. 17375,ALSO KNOWN AS LOT`D';AND (SCHEDULE 4,AD 1064(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS ON THE SOUTHERLY SIDE OF CAJON BOULEVARD,SOUTHEASTERLY OF GLEN HELEN PARKWAY;AND in accordance with(2015-16)Special Provisions No. 8155(SCHEDULE 1,AD 993), 8525(SCHEDULE 2,AD 1005), 12027A(SCHEDULE 3,AD 1057)AND 12369A(SCHEDULE 4,AD 1064(ADDITIVE NO. 1))on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall. Deliver all bids to the City Engineer's Office,Third Floor,City Hall,300 North"D"Street,San Bernardino, California,with the specification title and number and"SEALED BID" 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 TUESDAY, JULY 21, 2015 at which time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's Conference Room. 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 awarded to him. In the event the bidder 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 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. A-1 Pursuant to law,the Mayor and Common Council of the City of San Bernardino,by Resolution No.90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein,have ascertained and determined the general prevailing rate of per diem wages,and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the"Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates,in effect ten(10)days prior to the actual Bid Opening,which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California Government Code and Section 10263 of the California Public Contract Code. 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,workers,and mechanics employed by them in the execution of the contract,and to prevent discrimination in the employment of persons because of race, creed, color, national origin, sex, age, or marital status as set forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The term of the contract will continue from September 17,2015 to the termination date of January 31, 2017, renewable for up to a maximum of two(2)additional one year periods by mutual agreement between the Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such renewal. A MANDATORY Pre-Bid meeting will be held on TUESDAY, JULY 14, 2015, at 2:00 P.M., at the office of the City Engineer,City Hall,Third Floor,300 North"D"Street,San Bernardino,CA 92418. This meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and material supply opportunities and to make the prime contractor aware of the City's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is mandatory. Attendance and/or certification may be used as part of the good faith effort. There will also be a non-mandatory pre-bid field review, following the pre-bid meeting. Due to the large number of Assessments Districts, the field review may be continued the following day, at 9:00 am, commencing at the office of the City Engineer, Third Floor, 300 North "D" Street, San Bernardino, CA 92418. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. Any Contractor who has their contract terminated by the City for non-performance shall be deemed a "non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. A-2 The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize themselves with all areas. The successful bidder will be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. Contractor must submit along with bid,copies of the California Agricultural Pest Control Certificate,(for the person(s)or firm performing the work),and copies of certificates for chemical applications from the County of San Bernardino. Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY's website at: www.ci.san-bemardino.ca.us/services/request for bids/public works/default.aW. Conversely,the Project documents are also available on CD,at no cost,if picked up in person. Upon request,a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one(1)business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. The Contractor shall possess a Class "C-27" License at the time the contract is awarded. The Contractor shall furnish all equipment and supplies required to perform the specified items of work and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and healthy condition. Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of personnel and the names and telephone numbers of three(3) references for projects of a similar nature. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office Third Floor, San Bernardino City Hall 300 North"D" Street San Bernardino, CA 92418 Attention: Ryan Sandoval and/or Laszlo "Les"Fogassy Tel: (909) 384-5226/5026 Fax: (909) 384-5190 E-mail: sandoval_ry@sbcity.org Fogassy_le@sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening,will not be treated as a bid protest. A-3 Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO City Clerk NOTICE TO ADVERTISE SPECIFICATION NO. 8155 8525, 12027A& 12369A SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN DATE: June 22, 2015 & June 27, 2015 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE A-4 BID DOCUMENTS BID 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 instructions to bidders and the entire contract documents 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: (SCHEDULE 1, AD 993)-THE RETENTION BASIN IN TRACT NO. 14184 AND TRACT NO. 14185 IN THE AREA GENERALLY SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET; AND (SCHEDULE 2, AD 1005) - THE RETENTION BASIN IN TRACT NO. 14503-1; THE SOUTH SIDE OF CAJON BOULEVARD BETWEEN PEPPER LINDEN AVENUE AND APPROXIMATELY 110 FEET EASTERLY OF MAJESTIC AVENUE AND IN LANDSCAPE MAINTENANCE EASEMENTS ALONG THE SOUTHERLY SIDE OF TRACT NO. 14503- 1 BETWEEN CAJON BOULEVARD AND A POINT APPROXIMATELY 425 FEET SOUTHWESTERLY THEREOF. (SCHEDULE 3, AD 1057) - SLOPES ALONG PORTIONS ON THE EASTERLY AND WESTERLY SIDES OF UNIVERSITY PARKWAY AND THE DETENTION BASIN ALONG THE SOUTHEASTERLY SIDE OF PARCEL MAP NO. 17375,ALSO KNOWN AS LOT'D';AND (SCHEDULE 4,AD 1064(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS ON THE SOUTHERLY SIDE OF CAJON BOULEVARD,SOUTHEASTERLY OF GLEN HELEN PARKWAY;AND in accordance with(2015-16)Special Provisions No. 8155 (SCHEDULE 1,AD 993), 8525(SCHEDULE 2,AD 1005), 12027A(SCHEDULE 3,AD 1057)AND 12369A(SCHEDULE 4,AD 1064(ADDITIVE NO. 1)) on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard Specifications for Public Works Construction,current edition,as amended by the Special Provisions and"Landscape Cost Estimating"by Colton,current 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 therefore the following unit prices or lump sum prices, to-wit: B-1 PAGE 1 ACCOUNT NUMBER 254-150-0106-5506-1364 BID SCHEDULE PLAN NO. 8155 (2015-16) SCHEDULE 1: ASSESSMENT DISTRICT NO. 993—CAJON AND JUNE BASIC BID UNIT TOTAL ANNUAL ITEM 42VANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of turf and irrigation system at the lump L.S. (65,784 sy.fl. t) sum price of: $ 6,889.00 2 1 L.S. Maintenance of drainage facilities and ditches at the L.S. lump sum price of: $ 2,400.00 3 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 2,600.00 (TOTAL BASIC BID (A) $ 11,889.00 SCHEDULE I) C-1 PAGE 2 ACCOUNT NUMBER 254-150-0106-5506-1364 BID SCHEDULE PLAN NO. 8155 (2015-16) SCHEDULE 1: ASSESSMENT DISTRICT NO. 993-CAJON AND JUNE SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(I gal.)per each $ 4.95 $ 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 $ $ 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each 25.00 $ 5.00 $ 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 1) (B) $ 4,821.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 16,71 0.00 ITEMS OF WORK(SCHEDULE 1) C-2 PAGE 3 ACCOUNT NUMBER 254-150-0106-5506-1447 BID SCHEDULE PLAN NO. 8525 (2015-16) SCHEDULE 2:ASSESSMENT DISTRICT NO. 1005—CAJON AND PEPPER LINDEN BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTIONOF'ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (37,370 sq.11.*) the lump sum price of: $ 4,504.00 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (30,113 sq.fl,f) irrigation system,at the lump sum price of $ 3,558.00 3 1 L.S. Maintenance of drainage facilities and ditches at the L.S. lump sum price of: $ 1,300.00 4 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 1,995.55 (TOTAL BASIC BID (A) SCHEDULE 2) $ 11,357.55 C-3 PAGE 4 ACCOUNT NUMBER 254-150-0106-5506-1447 BID SCHEDULE PLAN NO. 8525 (2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 1005-CAJON AND PEPPER LINDEN SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950.00 2 200 SQ.FT. Replacement of Turf per sq.ft $ •70 $ 140.00 3 10 EACH Replacement of Shrubs(I gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 120.00 $ 12.00 $ 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 2) (B) $ 4,821.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 16,178.55 ITEMS OF WORK SCHEDULE 2 C-4 PAGE 5 ACCOUNT"NUMBER 254-150-0106-5506-6051 BID SCHEDULE PLAN NO. 12027A(2015-16) SCHEDULE 3:ASSESSMENT DISTRICT NO. 1057—CAJON AND UNIVERSITY PKWY BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (135,451 sy.ft.f) irrigation system,at the lump sum price of: $ 9,260.00 2 1 L.S. Maintenance of drainage facilities and ditches at the L.S. lump sum price of: $ 2,800.00 3 1 L.S. Maintenance of trees and irrigation system at the L.S. (61 trees) lump sum price of: $ 3,210.00 (TOTAL BASIC BID (A) 1 SCHEDULE 3) 5,270.00 C-5 PAGE 6 ACCOUNT NUMBER 254-150-0106-5506-6051 BID SCHEDULE PLAN NO. 12027A(2015-16) SCHEDULE 3: ASSESSMENT DISTRICT NO. 1057-CAJON AND UNIVERSITY PKWY SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 1,950.00 $ 65.00 $ 2 200 SQ.FT. Replacement of Turf per sq.ft $ 70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads:Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 $ $ 140.00 10 5 EACH Replacement of Sprinkler Heads :Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 11 1 L.S Vegetation Abatement of Detention Basin .01 (102,810 sq.ft t) (Lot"D")-twice a year 12 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 S TOTAL SUPPLEMENTAL (B) r,,.g;z:x.2g: ITEMS OF WORK (SCHEDULE 3) $ TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ "" ITEMS OF WORK(SCHEDULE 3) '7_0'C9 ' C-6 PAGE 7 ACCOUNT NUMBER 254-150-0106-5506-6060 ADDITIVE NO. 1 BID SCHEDULE PLAN NO. 12369A(2015-16) SCHEDULE 4: ASSESSMENT DISTRICT NO. 1064-CAJON AND GLEN HELEN BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of lawns/turf and irrigation system at L.S. (119,386 sq.ft.t) the lump sum price of: $ 13,015.00 2 1 L.S. Maintenance of plants,shrubs,groundcover and L.S. (185,122 sq.ft.+) irrigation system,at the lump sum price of: $ 16,912.00 3 1 L.S. Maintenance of drainage facilities and ditches at the L.S. lump sum price of: 1 $ 4,982.00 4 1 L.S. Maintenance of trees and irrigation system at the L.S. (455 Trees) lump sum price of: $ 2,494.00 (TOTAL BASIC BID (A) SCHEDULE 4 $ 37,403.00 C-7 PAGE 8 ACCOUNT NUMBER 254-150-0106-5506-6060 ADDITIVE NO. 1 BID SCHEDULE PLAN NO. 12369A(2015-16) SCHEDULE 4: ASSESSMENT DISTRICT NO. 1064-CAJON AND GLEN HELEN SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 65.00 $ 1,950.00 $ 2 200 SQ.FT. Replacement of Turf per sq.fl $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat 18.00 $ $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each 8.00 $ $ 280.00 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 140.00 $ 14.00 $ 10 5 EACH Replacement of Sprinkler Heads:-Shrubbery type,including necessary pipe,fittings,etc., 25.00 per each $ 5.00 $ 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 4) (B) $ 4,821.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 42,224.00 ITEMS OF WORK(SCHEDULE 4) C-8 BID SUMMARY BID SUMMARY ALL SCHEDULES Indicate Total Bid for each schedule in the spaces provided and the total of all schedules. TOTAL BID: SCHEDULE 1-AD 993 $ 16,710.00 TOTAL BID: SCHEDULE 2-AD 1005 $ 16,178.55 TOTAL BID: 420 °'I I.-' SCHEDULE 3-AD 1057 $ SUBTOTAL: --6Cr$3`s9`9, 5'Z,9�R• �y TOTAL BIDS-SCHEDULES I THROUGH 3 (A) $ TOTAL BID ADDITIVE NO.1 $ 42,224.00 SCHEDULE 4-AD 1064 (B) TOTAL BID FOR CONTRACT SUM OF ALL SCHEDULES: (A+B) $ NOTE: THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE NO. 1 (SCHEDULF.4) ANYTIME DURING THE TERM OF THIS CONTRACT, OR NOT TO COMMENCE ANY MAINTENANCE. IF MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE TERM OF THIS CONTRACT,TOTAL PAYMENT AMOUNT FOR BASIC BID SHALL BE PRORATED ACCORDINGLY. BASIS OF AWARD OF CONTRACT:THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK (A) OR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF ADDITIVE NO. 1 (B)(A+B). BIDDER MUST SUBMIT BIDS FOR BOTII THE BASIC AND SUPPLEMENTAL ITEMS OF WORK FOR ALL SCHEDULES INCLUDING ADDITIVE NO.1. C-9 BID NOTES: 1. The total price must be extended for each item of work and the total of all items inserted in the space provided. 2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work. 3. An estimate of the square footage involved in each Basic Bid item has been provided to assist the Contractor but are not to be construed as actual quantities. The Contractor,by submitting bid,has satisfied themselves of the actual character and quantity of work and the price bid will be for the lump sum unit price. 4. An estimate of the quantities involved in each Supplemental Items of Work item has been included for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit price for increased or decreased quantities. C-10 BIDDER'S INFORMATION AND SIGNATURE It is the understanding of the undersigned that the work hereinabove described shall be commenced on, September 17,2015 except as previously noted, and shall continue in a good and workmanlike manner for the term of the contract. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guarantee accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. 802299 CLASSIFICATION C27 C61/D49 FIRM NAME: Inland Empire Landscape, Inc. BUSINESS ADDRESS: 2456 Kern St.San Bernardino,Ca 92407 SIGNATURE OF BIDDER: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals,co-partners composing the firm. If a corporation,state legal name of the corporation,also the names of the president,secretary,treasurer and manager thereof. Inland Empire ' gn(israpp Inr• Inel Iharra President — Joel Thar r a Secretary to I Iharra Tra^¢iirar Telephone No. 9og) 473-9066 Dated lely 20 >20 1�cj- BIDDERS ACKNOWLEDGEMENT OF ADDENDUM: ADDENDUM NO. 1 DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: C-11 inland EmoirP LandGrappe Ins BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of the Public Contract 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. Name&Address Under Which Agency&No.of Subcontractor MBE/WBE CERT. Sub-Contractor Sub-Contract Specific Licensed (If Applicable) Phone No. Amount Sub-contract l. NIA $ 2. 3. 4. 5. 6. D-1 WORKER'S COMPENSATION INSURANCE CERTIFICATION I am aware of,and will comply with,Section 3700 of the Labor Code,requiring every employer to be insured against liability for Workers'Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM: Inland Empire Landscape Inc BY: Jnpl Ih^rra TITLE: President DATE: July 20 2015 E-1 (This affidavit shall be executed by all bidders at the time of bid submittal.Failure to execute the affidavit on this page will result in rejection of bid) NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California,Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: The he/she has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Name Inland Empire Landscape Inc Business Address 2456 Kern St San RPrnardinn Ga 9?4n7 Signature of Bidder Printed Name&Title 1npl Iharra PrP„gjdant an RPrnardinn Place of Residence State of California County of San RPrnardinn Subscribed and sworn to (or affirmed)before me on this 20 day of t„lv , 2015, by Joel Ibarra ,proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (Seal) Signature F-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !' [documentto notapublic or other officer completing this certificate verifies only the identity of the individual wh which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. j STATE OF CALIFORNIA '} 3 i County of Riverside ti On July 21, 2015 before me, Susan C. Monteon Notary Public; Date Insert Name of Notary exactly as it appears on the official seal �4 i personally appeared Joel Ibarra - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ' _ and that by his/her/their signature(s) on the instrument the SUSAN C �� person(s), or the entity upon behalf of which the person(s) t COMM.#2033248 acted, executed the instrument. y Nogry PuM48NOaWI W RIVER&DEC:O0NI I I certify under PENALTY OF PERJURY under the laws of My Comm.F*JULY M 2017 the State of California that the foregoing paragraph is true and correct. i 3 Witness my ha d and official seal. ! Signature Place Notary Seal Above Signature of Notary Public Susan C. Monteon OPTIONAL { Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. li Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: 1. ' I is Signer(s) Other Than Named Above: 1, Capacity(ies)Claimed by Signer(s) 1 Signer's Name: Signer's Name: ❑ Individual ❑ Individual t ❑ Corporate Officer—Title(s): r-1 Corporate Officer --Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General III I I ❑ Attorney in Fact ;-- i� El Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: 1 Signer is Representing: Signer is Representing: I 31 Bond Number: CDGB103792 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. _as Principal,and Contractor Managing General Insurance Agency,Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 as Surety,are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum often percent j 10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS,the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into acontract in writing,for the Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined-Area-E___ (Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on July 21, 2015 (Insert date of opening) NOW,THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension,`Owner and Contractor shall obtain the Surety's consent of an extension of acceptance of the bid beyond ninety(90)days. Signed,this 20th day of July 20 15 IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. (SEAL) Contractor Managing General Insurance Agency,Inc. (SEAL) r _ Principal By: c By: Signature ture Stephanie Hope Shear,Attorney-In-Fact Printed Name and Title Printed Name and Title NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. F-2 "If awarded this Project,The term of the Performance/Payment bonds is for one(1)year only.Option renewal years will be approved by the surety company and extended at their sole discretion. Bond No.: CDGB103792 Premium:N/A Taxes& Fees:N/A State National Insurance Company,Inc.Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,the following bond described as: Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined -Area E for: Three Million and 00/100 Dollars($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law.statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these present,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 24th day of March,2014. STATE NATIONAL INSURANCE COMPANY,INC. 1 tj Terry L.Ledbetter,President Trace Ledbetter,Secretary STATE OF TEXAS County of Tarrant On this24th day of March,2014 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. .►�aY'�S Mindy Davis Ll( Notary f 1 rg Stow of Texas s S c«m,,.&o.04-21-15 € [Notary Stamp] „ Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attested the seal of said Company this2Dbday ofj j._ ,2015 Trace Ledbetter,Secretary C M G I A-S N I C-S U R-014-03/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On JUL 2 0 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY 6113GLES is true and correct. "-" Commission# 1987675 z Notary Public-California z WITNES my nd aftd fficialkseal. Z ' Los Angeles County > - . My Comm.Expires Sep 7,2016 Signatur Signature f No, u lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General - Partner — 7-Limited ❑General Individual C Attorney in Fact 7 Individual �__`Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: " Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `f A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.J STATE OF CALIFORNIA it County of Riverside ' I On July 21, 2015 before me, Susan C. Monteon Notary Public Date Insert Name of Notary exactly as it appears on the official seal personally appeared Joel Ibarra Name(s)of Signerls; ;I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iest, and that by his/her/their signature(s) on the instrument the l 1 gMAN C.�TEO' t person(s), or the entity upon behalf of which the persons} jjeomm.#2033248 acted, executed the instrument. (f W �� ( My Corte.�R �y It 2011 1 certify under PENALTY OF PERJURY under the laws of i the State of California that the foregoing paragraph is true E and correct. Witness my harul and official seal. I Signature Place Notary Seal Above g ignature of Notary Public Susan C. on Monte €!. OPTIONAL ! Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. , I Description of Attached Document li Title or Type of Document: 1: Document Date: Number of Pages: s; Signer(s) Other Than Named Above: .--- — I' Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s): ❑ Partner ❑Limited [:]General ❑ Partner [I Limited❑General l ❑ Attorney in Fact ;•• ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF E] Guardian or Conservator I Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: i I Signer is Representing: I j Signer is Representing: , j I f t Inland Frn l andsrap nr BIDDER'S FIRM NAME MBE/WBE INFORMATION - GOOD FAITH EFFORTS The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women Business Enterprise(WBE)Goal of 5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement N/A B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations,ctc.): Names ofMBEIWBE Initial Solicitation Follow Up Methods Solicited Dates and Dates N/A C. The items of work which the bidder made available to MBE/WBE firms,including,where appropriate, any breaking down of the contract work items(including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WBE firms. Items of Work Breakdown of Items N/A G-1 D. The names,addresses and phone numbers of rejected MBE/WBE firms,the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work(please attach copies of quotes from the firms involved): Firms Rejected N/A Firms Selected N/A E. Efforts made to assist interested MBE/WBEs in obtaining bonding,lines of creditor insurance,and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBEs: N/A F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment,supplies,materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G-2 G. The names of agencies,organizations or groups contacted to provide assistance in contacting,recruiting and using certified MBEs/W BE firms(please attach copies of requests to agencies or organizations,and any responses received, i.e., lists, Internet page download,etc.): Name of Method/Date Results Agencyl ftanization of Contact of Contact N/A K. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): G-3 Inland Empire Landscape Inc. BIDDER'S FIRM NAME REFERENCES Date: July 20 2015 The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Public Agency's Contract Name,Title Name&Address Type of Project Contract Amount Date Completed &Phone Number (. City of Rialtn Annual Landscape_& $-5-65-00-0— In Progress Sam St n _�_,____________ 150 S. Palm Ave. General_.Maint ✓ices -Landscape Contract Rialto, Ca 92407 Administratsr-- 2. City of San Bernardino Park-landscape_ $,.._548,408.0(1__ In-Progress- _limTickemyer MO North n.St Park, grin ndent San-Bernard 6 nn Ca 97418 (A.51).ri44-8966 3.City of Ravprsitle P,1blir. ape$-Generaf-372,Ua0. -• An-Progress -- Wnrkc f�ivislorl_— ices City Landscape Inspector 1900 Main Street (951)712-4365 Riverside Ca..Mr)-01___ H-1 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS SECTION 1 SPECIFICATIONS AND PLANS 1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction,current edition,amended by any Special Provisions set forth herein,the"Landscape Cost Estimating"by Colton,and in accordance with the following Special Provisions. 1-13 DEFINITIONS--Whenever in the Standard Specifications the following terms are used,they shall be understood to mean and refer to the following: Agency/Owner-The City of San Bernardino. Board -The Mayor and Common Council for the City of San Bernardino. Engineer -The City Engineer, Department of Public Works for the City of San Bernardino or authorized designee. Inspector -Authorized designee of the Engineer. 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,current edition. Landscape Cost Reference - "Landscape Cost Estimating"by Colton, current edition. Other terms appearing in the Standard Specifications, 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. 1-C LIGHTING--Repair,replacement and maintenance of all street lighting shall be the responsibility of the City and is not a part of this contract. 1-D TOT LOT EOUIPMENT--Repair,replacement and maintenance of all Tot Lot equipment,if any, shall be the responsibility of the City and is not a part of this contract. SP-1 SECTION 2 BID REQUIREMENTS AND CONDITIONS 2-A GENERAL --Bids must be submitted on the bid form contained herein. All bids or bids 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 often 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 and the Mayor is authorized to execute the contract. In the event the bidder whose bid 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 bid 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. 2-B MINORITY AND WOMEN'S BUSINESS ENTERPRISES--A policy for establishing goals for participation of minority and Women's Business Enterprise(MBE/WBE)was adopted by Resolution No.95- 409 by the mayor and Common Council of the City of San Bernardino,on 11-20-95.This outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15% MBE and 5% WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises(MBEs),Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reachout to MBEs,WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings,if any,scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs,WBEs and other business enterprises. The bidder shall,when economically feasible,divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs,having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances,the bidder must document that invitations for sub-contracting bids were sent to available MBEs,WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs,WBEs and other business enterprises not less than fifteen days prior to the submission of bids. SP-3 (8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises,as determined by the city. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs,WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub-contractors,failure to meet those levels shall not be a basis for disqualification of the bidder.A determination of the adequacy of a bidders'good faith effort must be based on due consideration of the indicia of good faith as set forth above, In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above,the City shall, if requested,and prior to the award of the contract,afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 23 8 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately,and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-4 SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-A GENERAL -- The bidder whose bid 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 and authorizing the City Manager 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-B 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.In lieu of the Bond as referenced above,the Contractor may deposit with the City a cash amount equal to $100 or ten percent(10%)of the total amount bid for the first year's maintenance,whichever is greater. The amount so deposited shall be retained by the City of San Bernardino and will be returned to the Contractor upon completion of the term of the contract. There will be no interest paid to the Contractor on the amount so deposited. 3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works. 3-1) COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. SP-5 SECTION 4 SUPERVISION OF WORK 4-A MONTHLY EVALUATIONS--The Inspector will prepare a monthly evaluation and performance report relative to the project area. Contractor and Inspector shall meet at least once each month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion. 4-B INSPECTIONS --An inspection form will be completed by the Inspector every week. Any items noted not to be in compliance with the specifications will be discussed immediately with the Contractor's on site representative. Correction of these items shall be accomplished as set forth at Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall constitute sufficient grounds for further action,up to and including termination of the contract. Contractor or his representative shall also meet once each week on site for field inspections with the Inspector to discuss and sign said inspection report.Failure on the part of the Contractor to meet at the designated time and place will result in a 10% reduction in the monthly contract payment for each occurrence. 4-C REPRESENTATIVE OF CONTRACTOR--An authorized on-site English speaking responsible representative of the Contractor shall be designated in writing at the time this contract is executed by the Contractor. This representative shall be considered as an agent of the Contractor with authority to receive official notices and make binding agreements on the prosecution of the work. The Inspector shall be given 5 days prior written notice of a change in such representative. 4-D UNIFORMS--All employees shall be dressed in a uniform shirt identifying them as the Contractor's personnel,and shall be so attired at all times,including all necessary safety attire,equipment,and vehicles, which shall also bear the Contractor's State License number. 4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in compliance with this Agreement, or brought into compliance within the period of time allotted, may be withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by the City to correct the problem or for services not fulfilled by the Contractor. A statement will be provided with the monthly payment describing the reason for withholding a portion of the payment and a listing of the amount. (See also Section 6-E of these Special Provisions.) 4-F TERMINATION OF CONTRACT --Failure to perform specified items of work as provided in these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and will be effective 15 calendar days after receipt of said notice. This contract may be terminated at any time, for any reason by the City after giving sixty(60) days written notice to the other party. Notification of any termination will be given to the surety, who shall have the right to take over the contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance services with the right to recover damages from the principal or the surety arising from the principal's failure to perform. SP-6 4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted November 21, 1994,the Mayor and Common Council established a policy which states that any assessment district landscape Contractor who has their contract terminated by the City for non-performance shall be deemed a"non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. A Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the San Bernardino Municipal Code. SP-7 SECTION 5 LEGAL REQUIREMENTS 5-A 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 the execution of the contract.The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Following is the required minimum limits of Insurance: Bodily Injury . . . . . . $250,000 each person $500,000 each occurrence 5500,000 aggregate products and completed operations Property Damage . . . $100,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of$1,000,000 will be considered equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in Section 7-3 of the Standard Specifications. 5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors before execution of the contract. 5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. SP-8 The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358.Prevailing wage shall comply with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be required by Inspector in the event of a problem becoming evident. 5-D SAFETY REQUIREMENTS--All work performed under this contract shall be performed in such manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909) 384-5111. 5-F USE OF CHEMICALS--The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals approved by the State of California, Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California Registration No. and Chemical Abstract Service No. (Case#),and based on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the current San Bernardino County Department of Agriculture regulations. No chemicals,herbicide or pesticide shall be applied until its use is approved,in writing,by the Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or pesticides and hereby specifically reserves to itself full rights against any party for any damages which are proximately caused by the negligence or improper use of any such chemicals, herbicides or pesticides. Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector. Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained from the County of San Bernardino Department of Agriculture and written permission has been obtained from the Engineer. 5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race,color,religion,sex, marital status or national origin. Contractor shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal,state and local laws. Such action shall include,but not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and promotion. In addition,Contractor shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion, in compliance with state and federal laws. 5-H SOUND CONTROL REQUIREMENTS --The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud,unnecessary and excessive noises. SP-9 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 may or 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_ 5-1 PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution of the contract. 54 WARRANTY-- Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorneys' fees and costs,presented,brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. SP-10 DATE(MMI"100) AOORR CERTIFICATE OF INSURANCE o--/15/48 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE COMMERCIAL ASSOCIATES INS, INC AFFORDED BY THE POLICIES BELOW. 12-2-6 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE ANAHEIM CA 92-807 COMPANY ' A CNA-TRANSCONTINETAL INSURED COMPANY B CNA-VALLEY FORGE INLAND LANDSCAPING SERVICES COMPANY 3000 CALIFORNIA STREET C CHUBB GROUP-FEDERAL INSURANCE SAN BERNARDINO, CA 92-907 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIYYIDD) DATE(MMFfY/DD) GENERAL LIABILITY GENERAL AGGREGATE f ^,0 0 sj,01)0 PRODUCTS-COMPfOP AGG ;I,17 0 7,0 0'-1I MERCIAL GENERAL LIABILITY A X COM PERSONAL 8 JDY INJURY 1,000,V J G CIAIS MAD ® OCCUR X -li^_R757Dy V���' fa4 f�,J;Jj/y� EACH OCCURENCE f j,000,000 OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE(Any one feel f 5(i,0 010 Med ecp(Any one person) f 51 0 71j AUTOMOBILE LIABILITY COMBINED SINGLE LIMB f 1,0 Q 0, 0 0 ANYAUTO BODILY II.IUTY ; X ALL OWNED AUTOS (Per person) B X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY f . 5 (Per accident) X NON-OWNED AUTOS BA 5iy73� tl^/11/ti9 PROPERTY ACCIDENT ; GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO T f A TE ; EXCESS LIABILITY E ; UMBREL IA FORM = OTHER THAN UMBRELLA FORM f WORKERS COMPENSATION AND WCSTATU- OT}i IA EMPLOYER'S LIABILITY TORY LINTS ER EL EACH ACCIDENT f THE PROPRIETOR/ PARTNERSPEXECUTIVE INCL EL DISEASE-POCKY LIMIT S OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATI ONSIVEHICLESISPECULL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: AD 200+_I, CONTRACT 9:-'9S BELOW NAME; AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF SAN BERNARDINO EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENIBEAMAF i'6 MAIL DEPARTMENT OF DEVELOPMENT SERVIt_E:=. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT. PUBLIC WORKS DIVISION 1) NORTH "D" STREET SAN BERNARDINO, AUT tZ REP RE I EENTA ACORD 25-S(1195) Q� �V ACORD CORPORATION 1988 SP-11 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET SAN BERNARDINO, CA 92418-0001 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY ALSO SUPPLY POWER OF ATTORNEY GIVING A UTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-12 SECTION 6 PAYMENTS/GENERAL 6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the month the work is performed,or 21 days after approval by the Inspector,whichever occurs later. The first payment may be pro-rated in accordance with the actual portion of the month worked. Request for payments must be submitted each month and shall be hand delivered to the Inspector at the monthly evaluation meeting. Extra work shall NOT be listed on the request for payment, but billed separately on forms provided by the Inspector for extra work billing and the work must have been previously approved as set forth in Section 6-D below. Upon acceptance and approval of the billing by the City,payment for Extra work will be made the following billing cycle. 6-B PAYMENTS WITHHELD--The City may withhold payment to such extent as may be necessary to protect the City from loss due to: 1. Defective work not corrected. 2.Claims filed or reasonable evidence indicating probable filing of claims by third parties against the City arising from the performance of the Contractor or any subcontractor under this agreement. 3. Maintenance not being performed or completed. 6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and shall be based upon actual damages and/or the amount and type of maintenance not completed.Retention of payment for damaged irrigation components,or loss of any plant material may be released to the contractor upon repair or replacement of the needed items or completion of work. Deductions for incomplete or inadequate maintenance not performed at the required schedules shall be a permanent deduction. 6-D EXTRA WORK-- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA WORK" of the Standard Specifications. 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 negotiated price. Prior approval shall be obtained in writing from the Engineer,or his designee, before performing any extra work, except for urgently needed repairs to the irrigation systems. With submission of the bill for such Extra Work,Contractor shall attach copies of material invoices and rental receipts,if any,as backup for the amount charged Extra Work includes repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall make final determination if work needed is due to vandalism or contractor's negligence. 6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to Contractor's SP-13 negligence shall be classified as Supplemental Items of Work.All supplemental work performed shall be as directed by the Inspector and then Engineer. The provisions contained in Section 3-2,"Changes Initiated by the Agency",of the Standard Specifications shall not apply to Supplemental Items of Work,and no adjustment shall,therefore,be made in the contract unit price for increased or decreased quantities of Supplemental Items of Work. 6-F PROJECT APPEARANCE --The Contractor shall maintain a neat appearance to the work. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations. 6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance elements of the maintenance contract. The Inspector 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 Inspector, not to exceed ten(10)days,to conform to the contract standards. If after said 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 Inspector will notify the Engineer who will have the option of terminating the contract and re-advertise for a new contractor. The necessity of sending more than two(2)formal notices to the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for termination of the contract. In such event, then the amount of cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by the Agreement. 6-H HOURS OF LABOR--The Contractor shall conduct his operations during the hours specified in Section 7-B-2. 6-I PERSONNEL--The Contractor shall furnish sufficient supervisory and working personnel of such capabilities as to promptly accomplish on schedule,and to the satisfaction of the Inspector all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a company identifying marker. The Inspector may require the Contractor to immediately remove from the work site any employee(s)observed to pose a threat to the public and whose continued employment on the job is contrary to the best interests to the City. The Contractor shall assign an English speaking responsible Foreman,who maybe a working Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with respect to performance of this contract.Adequate and competent supervision,as determined by the Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment of a first-class job. 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 therefore. SP-14 64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees,court costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office,in connection with that action shall be considered as attorney's fees for the purpose of this agreement. SP-15 SECTION 7 DESCRIPTION OF WORK 7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry as determined by the Inspector. 7-B WORK TO BE PERFORMED--The work to be performed consists,in general,of the following: 7-B-1 Maintenance--Complete landscape maintenance of all contract areas to include litter removal, irrigation,pruning,shaping and training of trees,shrubs,and ground cover plants;raking;fertilization;weed control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all other maintenance required to maintain the contract areas in a safe,attractive,usable,healthy and vigorous condition. All other areas,such as sidewalks,curbs,gutters,expansion joints,median hardscape(if any),within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for weeding. Unimproved areas beyond described limits are not a part of this contract. For unimproved areas within described limits,ten (10)feet from curb face shall be maintained weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved areas to be maintained are shown on the Plan. 7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance required under this contract from Monday through Friday,excluding holidays,as defined and as specified in this Section of these Special Provisions. Exceptions may be made to normal working hours (7:00 a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow for proper maintenance. The Inspector may grant,on a case by case basis,permission to perform contract maintenance at other hours or on designated holidays. Designated legal holidays are: January 1St,the third Monday in January,the third Monday in February, the last Monday in May,July 4th,the first Monday in September,November 11th,Thanksgiving Day and the Friday following,December 25th and the working day preceding or following)as directed by the Mayor and Common Council and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of any work required by these specifications,and any changes in scheduling shall be reported in writing,to the Inspector immediately. SP-16 7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In addition,a special notification listing exact start date for fertilization,aerification,renovation,pruning and other infrequent operations shall be furnished to the Inspector at least five(5)working days in advance of performing these operations. 7-B-5. The Contractor will be responsible for replacing trees and plant material due to over watering, under watering or improper horticultural practices or neglect as determined by the Inspector at Contractor's cost. 7-C MAINTENANCE SCHEDULES The following items of work shall be performed by the Contractor with the frequency indicated: Pick up of trash and debris Weekly or as needed. Note:Areas adjacent to high pedestrian traffic may require more frequentpickup of trash as determined by the inspector. Complete Irrigation Test Weekly(with Inspector) Rodent Control Weekly Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure proper and adequate irrigation. (e.g. daily during hot, dry weather). Trimming/Pruning Trees/Shrubs Every two months(areas adjacent to sidewalks&right of way -as needed) Fertilization- (small trees, shrubs, ground cover) Semi-annually Fertilization- (turf) Quarterly Weeding Slopes(all debris to be removed- Slope Areas are as shown on Plan) Monthly Continual Weeding(all shrub/ planter beds,banks, and ALL other areas including hardscape,sidewalks and expansion joints not defined as slopes) Weekly Raking beds; removal of leaves, pine needles, etc. Weekly Shrub/planter bed edging Semi-monthly SP-17 Sweeping/Blowing Walks (after mowing and edging) Weekly Washing walks/Median Hardscape Monthly Concrete Drainage channels cleaned As needed Spraying pre-emergent Quarterly Spraying for weeds As needed Turf mowing Weekly Turf edging Weekly Turf trimming * Weekly Turf aerification Annually(before July 15 or as directed by Inspector) Turf renovation** Annually(before October 15 or as directed by Inspector) Overseeding Annually(before October 15 or as directed by Inspector) Pest control on trees As needed Leach Irrigation *** (min. 12" of water) 4 Times Annually *With a power trimmer around all poles,obstructions,tree wells,sprinkler heads and other miscellaneous items as designated by the Inspector. ** Lawn renovation shall include the following: 1. Eradication of undesirable species. 2. Thatch removal by vertical mowing. 3. Cultivation by coring, grooving slicing or spiking 4. Fertilization and possibly liming. 5. Seeding(with seed approved by the Inspector) 6. Repair damaged irrigation facilities. *** Dates, location and necessity to be determined by the City. The City of San Bernardino shall be responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and leaching dates. 7-D 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 SP-18 of City's acceptance of said improvements. However,the cost of maintenance shall not exceed the unit price awarded under this contract.(i.e.same cost for irrigation components as awarded in this contract;turf and/or ground cover shall not exceed to cost per square foot awarded under this contract). 7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner, shall be provided by the Contractor. Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the contract bid prices and no additional compensation will be allowed therefore. 7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this construction. The Contractor shall provide maintenance up to the construction area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated by construction of hardscape shall be deducted from the gross area under the same provisions as provided above for FUTURE WORK. 7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or modified within the maintenance area shall be negotiated with the Contractor under the same provisions as provided above for FUTURE WORK. The City of San Bernardino may also permanently or temporarily eliminate or modify landscaping within maintenance areas in order for the City to comply with State of California regulations regarding water conservation. SP-19 SECTION 8 TECHNICAL SPECIFICATIONS 8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety" of the Standard Specifications, and these Special Provisions. Warning signs, lights and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California. A minimum of one(1)lane shall be maintained for each direction of traffic at all times,unless approved otherwise by the Engineer. Full compensation for furnishing and installing all signs,lights,flares,barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays,and when maintenance operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The provisions in this section may be modified or altered if,in the opinion of the Engineer,public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. 8-B COOPERATION AND COLLATERAL WORK--Attention is directed to Section 7.7,"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions. Certain companies,governmental agencies,or their Contractors may be working within the area. Certain utility facilities in various locations within the project limits may be removed, relocated, abandoned, or installed by companies'or agencies' contractors. It is anticipated that these existing utilities will not interfere with the Contractor's operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The utility locations shown on the original landscaping plans are correct to the best of our knowledge. When in doubt,the Contractor shall contact the utility concerned before proceeding further. Full compensation for conforming to the requirements of this Section,not otherwise provided for,shall be SP-20 considered as included in the lump sum prices paid for the work involved and no additional compensation will be allowed therefore. 8-C REMOVAL OF SIGNS--Any unauthorized signs,stakes,posts/poles,political or otherwise,found within the landscaped areas from time to time shall be considered as trash and debris and shall be removed by the Contractor as directed by the Inspector. Full compensation for removal of such items shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 8-D CLEANUP AND DUST CONTROL--Cleanup and dust control shall conform to the provisions in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications. SP-21 SECTION 9 IRRIGATION SYSTEMS 9-A The Contractor shall provide the following repairs,maintenance and supply all needed materials,and perform the work as necessary in accordance with the following: 9-B The Inspector shall be immediately notified, of any damage suspected to be caused by accident, vandalism,theft,or Act of God. Immediate notification of any such damage,prior to start of work within the area,will serve to indicate the Contractor's belief that it was caused by factors beyond his control. The City shall review the damage and/or request information from the Contractor in order to establish the true cause of damage and determine responsibility for repair. The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related to his operations. 9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following sprinkler system components as needed,for no additional cost,under normal wear conditions as determined by the Inspector: Sprinkler Heads Sprinkler Head Risers Anti-theft/vandalism sprinkler head devices Valve Covers Valve Boxes or Sleeves Quick Coupler Valves and Hose Bibs Bubblers, Emitters, etc. Sprinkler System Lateral Piping Sprinkler Main(Pressure Line) Sprinkler Control Valves Sprinkler Controller Valve wiring to Controller Ball and gate valves Drip irrigation system including multi-outlet emission device, tubing, and emitters. 9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components due to his own negligence, including removal of anti theft devices. 9-E The cost of all repairs to,or replacement of, irrigation system and landscape caused by vandalism, theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not covered by an item of Supplemental Work,shall be paid for as Extra Work,in accordance with Section 6-A, "EXTRA WORK", of these Special Provisions. Any replacement must conform to the type and kind of existing system,unless the use of anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation must be approved in writing by the Inspector. 9-F Irrigation shall be done by the use of the automatic sprinkler systems,where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of his responsibility. In the event of a failure of any irrigation component that would prevent SP-22 proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until the repair and/or replacement is accomplished. 9-G In those areas where an automatic sprinkler system is installed,the Contractor shall inspect weekly, or more often if climatic conditions requires, for any damage to the system and for the operation of the system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capacity, and make whatever adjustments which may be necessary to prevent excessive run-off into street right-of-way,or other areas not meant to be irrigated. The periodic inspection may occur more often,but not less frequently,than one inspection each week,in operation,with the Inspector. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: 9-G1 Turf,if any,shall be irrigated as required,to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less humidity or high winds, or during a prolonged high temperature period during the summer months). 9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion. 9-G3 Shrub beds, if any, shall be irrigated as required,to maintain horticulturally acceptable growth and color,and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types, seasons and weather conditions. 9-G-4 Newly planted trees,shrubs,ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal,healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. 9-11 The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate irrigation. Such repairs will be made by the Contractor with same type/brand head,or approved equal by the Inspector. 9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly basis.This will include laterals,main lines,control valves,control wire,timer/controller and any other items in the system. If any of the items mentioned in this paragraph are found to be defective or in need of repair during the weekly inspections,said items shall be repaired immediately. All materials or parts shall be the same brand or approved equal. Contractor shall notify the City Inspector immediately before making any such repairs by calling 384-5111 during working hours. 94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the Inspector. New sprinkler heads shall be the same type,size and brand as the one to be replaced,except for anti-theft or anti-vandalism devices as approved by the Inspector. The unit price paid for replacing sprinkler heads shall include all items of work (including necessary repairs and/or replacement of piping, fittings,etc.)involved in restoring a sprinkler to full operation and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-23 9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be replaced unless otherwise approved by the Engineer. The City may,at its option,provide Contractor with a replacement timer/controller,in which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply. Replacement of a defective timer/controller is determined as Extra Work and shall be subject to Extra Work requirements as set forth in Paragraph D, Section 6. 9-L Any replacement or repair of the irrigation system accomplished as"EXTRA WORK"shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply,plus material costs. SP-24 SECTION 10 SHRUBS AND GROUND COVER PLANTS 10-A All shrubs and ground cover plants,if any, growing in the work area shall be pruned as required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Inspector, will not be permitted. 10-B Plants to be maintained shall conform to the requirements of Section 2.2,"Tree and Shrub Care"and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions. 10-C Replacement of plants,shrubs and ground cover shall be in accordance with construction plans and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,and/or with the landscaping construction plans for the various subdivisions which are included within this project,or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5 gallon. The unit price paid for replacing shrubs and ground cover shall include all items of work involved in removing and planting shrubs and ground cover and at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". A Flat of ground cover is considered to contain 64 plants. SP-25 SECTION 11 FERTILIZER AND PEST CONTROL AGENTS 11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions. 11-B--Turf Grass 11-B-1 Manure shall not be used as a fertilizer or soil conditioning material. 11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall be approved by the Inspector. 11-B-3 Fertilizer shall be packaged in multi-wall paper bags,polyethylene lined for moisture resistance. 11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Inspector or based on the results of the soil testing and at the times specified below(or as otherwise directed by Inspector): July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 11-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Inspector 2-3 days before application and submit bag tag. 11-C Shrub Beds, Ground Cover, and Small Tree Fertilization 11-C-1 Fertilization of all shrub beds,ground cover areas and all young trees(3"caliper and smaller) within the designated work area shall be accomplished two (2) times per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the Inspector. 11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material. Fertilizer shall be applied at the times specified below: October 1 - October 15 March 15 - April 1 11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. 11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference. SP-26 SECTION 12 LAWN/TURF 12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be maintained if the turf area abuts a shrub bed,property line or to maintain a turf delineation. 12-B All lawn areas included in this contract shall be mowed with approved power-propelled reel-type or rotary mowers. The mowers shall be equipped with catchers.Mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A MULCH- MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF INSPECTOR. 12-C Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform,level cut no higher than three(3)inches,or as otherwise instructed by the Inspector,but no more than 25%of existing growth to be removed in any one mowing. 12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request,from the Inspector,for reasons of rain or prolonged cold,alteration of this mowing frequency. 12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten(10)days prior to beginning work;renovation shall occur upon thirty(30)days notice from the Inspector. Care should be taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation process has taken place. 12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a minimum of 75%germination will require reseeding by the Contractor at no extra cost to the City. 12-G Turf area shall be 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 at no additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Inspector. A schedule of aerification equipment to be used shall be submitted to the Inspector ten(10)days prior to beginning work. 12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean,neat appearance of turf areas. In the event of the mulch-mowing as provided under Section 12-B, all clippings must be adequately fine-cut and spread as to achieve a neat appearance. SP-27 12-I Any turf to be replaced which suffers any Act of God,vandalism or other destructive occurrences,in excess of the number stated in the bid item,and not directly or indirectly caused by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of work. 12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed and shall be installed as directed by the Inspector. The unit price paid for replacing turf shall include all items of work involved in removing and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-28 SECTION 13 SLOPE/BANK/DRAIN MAINTENANCE 13-A All Slopes are to be weeded by hand or using a power weed cutter.All other plant material located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed weekly. AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY,ARE DELINEATED ON SAID PLAN(S). 13-B All vertical areas not defined as"Slopes Areas"will be considered as Banks and are to be maintained as stated in these Special Provisions. 13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned as needed. SP-29 SECTION 14 WEED CONTROL 14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands, medians, undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round-up per manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for duration of contract. This shall also include weekly trash and litter pick-up. 14-B All landscaped areas within the specified maintenance area including lawns,shrub and ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished within each seven (7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks. SP-30 SECTION 15 TREES 15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits, appearance, and health of the tree. The Contractor shall,as a part of this contract,be responsible for TOTAL TREE CARE PROGRAM(all of each tree). Said program is the selective and natural approach to pruning of all trees on site and includes pest and disease control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of the Inspector any tree that: shows signs of root heaving,and leaning,or has hanging limbs or is in some manner,a safety hazard. Contractor shall notify the Inspector 48 hours prior to any pruning. 15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost,nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball. 15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Inspector. 15-D Any trees to be replaced which suffer any Act of God,or vandalism and not due to negligence by the contractor, shall be classified as supplemental items of work. 15-E Tree removal and replacement due to the Contractor's negligence,including lack of pest and disease control, shall be at Contractor's expense. 15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the Inspector. Replacement,adjustment or removal of stakes and ties is included in the basic bid price for tree maintenance. 15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section. The unit price paid for replacing trees shall include full payment for all work involved in furnishing and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-31 CONTRACT AGREEMENT SP-32 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of , 20 , between the City of San Bernardino, (hereinafter "City") and , (hereinafter"Contractor"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City,and under the conditions expressed in the bond as deposited with the City,Contractor agrees with the City,at his own proper cost and expense to furnish any and all required labor,materials,and transportation as set forth in the Special Provisions to be furnished by City,necessary to complete in good workmanlike and substantial manner the THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF: (SCHEDULE 1,AD 993)-THE RETENTION BASIN IN TRACT NO. 14184 AND TRACT NO. 14185 IN THE AREA GENERALLY SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET;AND (SCHEDULE 2, AD 1005) - THE RETENTION BASIN IN TRACT NO. 14503-1; THE SOUTH SIDE OF CAJON BOULEVARD BETWEEN PEPPER LINDEN AVENUE AND APPROXIMATELY 110 FEET EASTERLY OF MAJESTIC AVENUE AND IN LANDSCAPE MAINTENANCE EASEMENTS ALONG THE SOUTHERLY SIDE OF TRACT NO.14503- 1 BETWEEN CAJON BOULEVARD AND A POINT APPROXIMATELY 425 FEET SOUTHWESTERLY THEREOF. (SCHEDULE 3, AD 1057) - SLOPES ALONG PORTIONS ON THE EASTERLY AND WESTERLY SIDES OF UNIVERSITY PARKWAY AND THE DETENTION BASIN ALONG THE SOUTHEASTERLY SIDE OF PARCEL MAP NO. 17375,ALSO KNOWN AS LOT`D';AND (SCHEDULE 4,AD 1064(ADDITIVE NO. 1))-SLOPES ALONG PORTIONS ON THE SOUTHERLY SIDE OF CAJON BOULEVARD,SOUTHEASTERLY OF GLEN HELEN PARKWAY. in accordance with(2015-16)Special Provisions No. 8155(SCHEDULE 1,AD 993), 8525(SCHEDULE 2,AD 1005), 12027A(SCHEDULE 3,AD 1057)AND 12369A(SCHEDULE 4,AD 1064(ADDITIVE NO. 1)) on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard Specifications for Public Works/ Construction, current edition, on file in the office of the City Engineer, and the "Landscape Cost Estimating"by Colton, current edition,on file in the office of the Director of Public Works,which said Plans, Special Provisions, Standard Specifications,and Landscape Cost Estimating are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule 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 encountered 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 or 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. The Contractor herein covenants by and for himself or herself,his or her heirs,executors,administrators,and SP-33 assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her,establish or permit any such practice of practices of discrimination or segregation with reference to the selection of subcontractors,vendees,or employees in the performance of this contract. 3. City 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 as set forth in the successful bid, 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. 4.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 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. 5.Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: CITY CONTRACTOR Director of Public Works City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 [Signatures to follow on next page] SP-34 AGREEMENT FOR LANDSCAPE MAINTENANCE-AREA "E" IN WITNESS WHEREOF,the parties to these present have hereunto set their hands the year and the date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: _IMjOhd Lv-n pire LandSCa pe, Inc. BY: ALLE PARKER, City Manager City of San Bernardino BY: TITLE: Ares id e h+ ATTEST: MAILING ADDRESS: 2.45& GEOR ANN HA AH, City Clerk JG►1 C3Cr'r�ArC� ihG CA g2�101 PHONE NO: (909) 413- 9 06 6 APPROVED AS TO FORM: GARY D. SAENZ, City Attorney BY: D - � \ SP-35 fan Bern, City of San Bernardino Surety Bond Review The attached surety bond STATE NATIONAL INSURANOE coMPANY nvc has been reviewed. Landscape Maintenance AD 993,1005,1057,1064 Area E for the Surety Bond Bond #CDGP102385 Bond Amount$130,904.90 The surety company is an admitted company in the State of California ❑The admitted company was verified at www.insurance.ca.gov/docstfs/admitted.htm ❑The surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2015 version 071400 (Bond Ratings FSC ) Verified by: i sources/Risk Management Date APPROVED AS TO FORM: Aj$x,& City Attorney U Date Company Profile Page 1 of 2 CIM• COMPANY PROFILE Company Profile Company Search Company Information Company Search Results STATE NATIONAL INSURANCE CONiPAIVY, INC. Company 1900 L. DON DODSON DRIVE Information BEDFORD, TX 76021 Old Company 800-877-4567 Names Agent for Service Old Company Names Effective Date Reference Information STATE NATIONAL INSURANCE COMPANY INC 12/16/1994 NAIC Group List Lines of Business Agent For Service Workers' NANCY FLORES Compensation 818 WEST SEVENTH STREET Complaint and SUITE 930 Request for LOS ANGELES CA 90017 Action/Appeals Contact Information Financial Statements Reference Information PDF's Annual Statements NAIC #: 12831 —� Quarterly p y 1i I Statements California Company ID #: 4291-1 Company Complaint I Date Authorized in California: 109/28/1995 Company I Performance & License Status: UNLIMITED-NORMAL Comparison Data Company Company Type: Property & Casualty Enforcement Action State of Domicile: TEXAS Composite Complaints Studies Additional Info back to top Find A Company Representative In NAIC Group List Your Area View Financial Disclaimer NAIC Group #: 0093 STATE NATL GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY MARINE https:/fi nteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 9/8/2015 Bond Number:CDGP102385 State National Insurance Company Administered by: CM(S IA CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: 2456 Kern St. Contractor Managing General Insurance Agency, Inc. San Bernardino,CA 92407 20335 Ventura Blvd. Ste.#426, Woodland Hills, CA 91364 OWNER (Name and Address): City of San Bernardino 300 North"D"Street,Third Floor San Bernardino,CA 92418 CONSTRUCTION CONTRACT Date: Amount: One Hundred Thirty Thousand Nine Hundred Four and 90/100ths($130,904.90) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1,AD 993,1005,1057 and 1064-Area E BOND Date (Not earlier than Construction Contract Date): AUgUSt 31 2015 Amount: One Hundred Thirty Thousand Nine Hundred Four and 90/100ths($130,904.90) Modifications to this Bond: LfNone OSee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) State National Insurance Com an Intc.Administered By: INLAND EMPIRE LANDSC E INC. Cont gtrance Agency, Inc. Signature: _________Signature — ------------------------- Name and Title: JOe�Z�oGxYa _ � �d�} Name and Tit phanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENTorBROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave. #450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 C M G I A-S N I C-016-0 5/12 I The Contractor and the Surety,jointly and severally, soon as practicable after the amount is bind themselves, their heirs, executors, administrators determined tender payment therefore to the successors and assigns to the Owner for the performance Owner; or of the Construction Contract, which is incorporated .2 Deny liability in whole or in part and notify herein by reference. the Owner citing reasons therefore. 2 If the Contractor performs the Construction Contract, 5 If the Surety does not proceed as provided in the Surety and the Contractor shall have no obligation Paragraph 4 with reasonable promptness, the Surety shall under this Bond, except to participate in conferences be deemed to be in default on this Bond fifteen days as provided in Subparagraph 3.1. after receipt of an additional written notice from the 3 If there is no Owner Default,the Surety's obligation Owner to the Surety demanding that the Surety perform under this Bond shall arise after: its obligations under this Bond, and the Owner shall be 31 The Owner has notified the Contractor and the entitle to enforce any remedy available to the Sure at its address described in Paragraph 10 below Subparagraph Owner. If the Surety proceeds as provided in Surety Subparagraph 4.4 and the Owner refuses the payment that the Owner is considering declaring a Contractor tendered or the Surety has denied liability, in whole or Default and has requested and attempted to arrange in part, without further notice the Owner shall be a conference with the Contractor and the Surety to entitled to enforce any remedy available to the owner. be held not later than fifteen days after receipt of such notice to discuss methods of performing the 6 After the owner has terminated the Contractor's right Construction Contract. If the Owner, the Contractor to complete the Construction Contract, and if the Surety and the Surety agree,the Contractor shall be allowed elects to act under Subparagraph 41, 4.2 or 4.3 above, a reasonable time to perform the Construction then the responsibilities of the Surety to the Owner shall Contract, but such an agreement shall not waive the not be greater than those of the Contractor under the Owner's right, if any subsequently to declare a Construction Contract, and the responsibilities of the Contractor Default;and Owner to the Surety shall not be greater than those of 3.2 The Owner has declared a Contractor Default the Owner under the Construction Contract. To the and formally terminated the Contractor's right to limit of the amount of this Bond, but subject to complete the contract. Such Contractor Default shall commitment by the Owner of the Balance of the not be declared earlier than twenty days after the Contract Price to mitigation of costs and damages on Contractor and the Surety have received notice as the Construction Contract the Surety is obligated without provided in Subparagraph 3.1;and duplication for: 3.3 The Owner has agreed to pay the Balance of 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the the Contract Price to the Surety in accordance with C the terms of the Construction Contract or to a Construction Contract; contractor selected to perform the Construction 6.2 Additional legal design professional and delay Contract in accordance with the terms of the contract costs resulting from the Contractor's Default, and with the Owner. resulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of under Paragraph 4;and Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 41 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction Contract;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to 4.2 Undertake to perform and complete the Con- the Construction Contract, and the Balance of the struction Contract itself, through its agents or through Contract Price shall not be reduced or set off on account independent contractors; or of any such unrelated obligations. No right of action shall 4.3 Obtain bids or negotiated proposals from accrue on this Bond to any person or entity other than qualified contractors acceptable to the Owner for a the Owner or its heirs, executors, administrators or contract for performance and completion of the successors. Construction Contract, arrange for a contract to be g The Surety hereby waives notice of any change, prepared for execution by the Owner and the including changes of time, to the Construction Contract contractor selected with the Owner's concurrence, or to related subcontracts, purchase orders and other to be secured with performance and payment bonds obligations executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the 9 Any proceeding, legal or equitable, under this Owner the amount of damages as described in Bond may be instituted in any court of competent Paragraph 6 in excess of the Balance of the Contract jurisdiction in the location in which the work or Price incurred by the Owner resulting from the part of the work is located and shall be instituted Contractor's default;or within two years after Contractor Default or within two years after the Contractor ceased working or. 4.4 Waive its right to perform and complete, arrange within two years after the Surety refuses or fails for completion, or obtain a new contractor and with to perform its obligations under this Bond, reasonable promptness under the circumstances: whichever occurs first. If the provisions of 1 After investigation, determine the amount for this Paragraph are void or prohibited by law, which it may be liable to the Owner and as the minimum period of limitation avail- 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 CM G IA-SN IC-016-05/12 able to sureties as a defense in the jurisdiction the suite been made, including allowance to the Contractor of shall be applicable. any amounts received or to be received by the Owner 10 Notice to the Surety, the Owner or the Contractor shall in settlement of insurance or other claims for damages be mailed or delivered to the address shown on the signature to which the Contractor is entitled, reduced by all valid page. and proper payments made to or on behalf of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with 12.2 Construction Contract: The agreement between a statutory or other legal requirement in the location the Owner and the Contractor identified on the where the construction was to be performed, any provision in signature page, including all Contract Documents and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal Contractor Default: Failure the Contractor, requirement shall be deemed incorporated herein. The which has neither been remedied d nor waived [o perform or otherwise to comply with the terms of the intent is that this Bond shall be construed as a statutory Construction Contract bond and not as a common law bond. 12.4 Owner Default: Failure of the Owner which has 12 DEFINITIONS neither been remedied nor waived, to pay the 12.1 Balance of the Contract Price: The total amount Contractor as required by the Construction Contract b the Owner to the Contractor under the or to perform and complete or comply with the other payable Y terms thereof. Construction Contract after all proper adjustments have MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: State Natio a Insurance Company,Inc.administered by: INLAND EMPIRE LANDSC INC. ante Agency,Inc. Signature: Signatur . Name and Title: li _ Tre$mi-r- V Name and T�anie Hope Shear,Attorney-in-Fact Address: 2456 Kern St. San Bernardino, CA 92407 Address: 20335 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAx: 866-495-2510 CM G IA-SNI C-016-05/12 A ' Bond No: CDGP102385 State National Insurance Company,Inc.Administered by: Premium: $3,927.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC.a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or severally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000.000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attomey-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature,date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter, rest ent Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. j DEANA HOWELL C Art,�� �\\� : Notary Public,State of Texas [Notary Stamp] My Commission Expires Signature of Notary January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full of and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 St day oY August 201 g Trace Ledbetter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :�.:,�,�r� ,cC„�c .cr.�r. �'cC'yr�t��"�c,Y"srcYo�Y',cr.����Y`,c:�. �ac �.cc.�e�.ct• ...,c�,ctr, .sr��;er�l?% A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On AUG 31 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. . Commisalcn # 1987675 z WITNESS my hand and official seal. a -ee Notary Public California v Los Angeles County My Comm.Expires Sep 7,2016 i Signature Signat o of ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association- www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number:CDGP102385 State National Insurance Company Administered by: CMICS'A CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. 2456 Kern St. 20335 Ventura Blvd. Ste.#426, Woodland Hills, CA 91364 San Bernardino,CA 92407 OWNER (Name and Address): City of San Bernardino 300 North"D"St.,Third Floor San Bernardino, CA 92418 CONSTRUCTION CONTRACT Date: Amount: One Hundred Thirty Thousand Nine Hundred Four and 90/100ths ($130,904.90) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1,AD 993, 1005, 1057 and 1064-Area E BOND Date (Not earlier than Construction Contract Date): August 31, 2015 Amount: one Hundred Thirty Thousand Nine Hundred Four and 90/100ths($130,904.90) Modifications to this Bond: ONone INSee Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. i c— Signature: __ ------------------------ Signature: Name and JOGS � � �CQS� .rz� Name and Titl :Stephanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave.#450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAx: 866-495-2510 CM G IA-SN I C-017-05/12 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety ex- successors and assigns to the Owner to pay for labor, pense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant with a copy to the mance of the Construction Contract, which is incorporated Owner, within 45 days after receipt of the claim, stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner, this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 62 Pay or arrange for payment of any undisputed 21 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety' s total obligation shall not exceed the 22 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or g Amounts owed by the Owner to the Contractor under equipment for use in the performance of the Construc- the Construction Contract shall be used for the perfor- tion Contract, provided the Owner has promptly noti- mance of the Construction Contract and to satisfy claims, if fied the Contractor and the Surety (at the address de- any, under any Construction Performance Bond, By the scribed in Paragraph 12) of any claims, demands, liens Contractor furnishing and the Owner accepting this Bond, or suits and tendered defense of such claims, demands, they agree that all funds earned by the Contractor in the liens or suits to the Contractor and the Surety, and performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner' s priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelated this Bond until: to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this,Bond. sent a copy, or notice thereof to the Owner, stating that a claim is being made under this Bond and, with sub ]0 The Surety hereby waives notice of any change, includ- stantial accuracy, the amount of the claim_ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 42 Claimants who do not have a direct contract with tions. the Contractor: 11 No suit or action shall be commenced by a Claimant A Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date (1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub equipment included in the claim stating, with paragraph 4.1 or Clause 42 (3), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract, whichever of(1) or(2) first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by 2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applica- part from the Contractor, or not received within ble. 30 days of furnishing the above notice any communication from the Contractor by which 12 Notice to the Surety, the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly, and nature page. Actual receipt of notice by Surety, the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety (at the cient compliance as of the date received at the address address described in Paragraph 12) and sent a shown on the signature page. copy or notice thereof, to the Owner, stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed, any provision in the furnished to the Contractor. Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- 5 If notice required by Paragraph 4 is given by the Owner forming to such statutory or other legal requirement shall to the Contractor or to the surety, that is sufficient compl- be deemed incorporated herein_ The intent is that this ante. 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMGIA-SNIC-017-05/12 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15 Definition the Owner and the Contractor identified. on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The 15.3 Owner Default: failure of the Owner, which has neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other ter ins telephone service or rental equipment used in the thereof. MOD I ICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any proof of claim requested, the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time shall pay or arrange to pay any undisputed amount. The failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of liability by the Surety; 2) a waiver of any of the Surety's or Contractor's defenses; or 3) a waiver of any other right or basis the Surety or Contractor may have to dispute some or all of the claim. The Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available under this Bond. The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) State National Insurance Company,Inc.administered by: CONTRACTOR AS PRINCIPAL SURETY Contractor Managing General Insurance Agency,Inc. Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. Signature: Name an t e Sot\� —� yd�r Name and�/t Stephanie Hope Shear Address: 2456 Kern St.San Bernardino,CA 92407 Address: 70335 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 C M G I A-S N I C-017-0 5/12 / Bond No: CDGP102385 State National Insurance Company,Inc.Administered by: Premium: $3,927.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or seNerally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature,date,and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY, INC.in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. — _ 01 _ Terry L.Ledbertert Trace berter,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. Aa P?Y P4e�r� DEANA HOWELL V o Notary Public,State of Texas [Notary Stamp] My Commission Expires Signature of Notary January 07, 2018 1,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 st day of ugust 2015 /�- TrZLe tter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On AUG 31 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SH LYEY G GGLES is true and correct. Commission# 1987675 :WITNESS m ha and icial seal. Notary Public-California iu % Los Angeles County My Comm.Expires Sep 7,20169 L NJ Signature ota lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 COUNCIL MEETING — 8/17/15 OWA WAI`l"L.• ITEM 7H RESOLUTION #2015-189 FILE NO. 14.40A-F ACCT.NO:254-150-0106-5506+ Project No.: AD 953-PROJECT NO.:1866 AD 1029-PROJECT NO.:6017 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: ASSESSMENT DISTRICT NO. AD 953 and AD 1029 (AREA"F") (2015-16)PLAN AND SPECIAL PROVISIONS NOS.: 6177 (SCHEDULE 1,AD 953) 10598A (SCHEDULE 2,AD 1029) LA. / t, cl'. DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO °# BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21,2015. FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF: (SCHEDULE 1,AD 953)- 16TH STREET BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET;AND (SCHEDULE 2,AD 1029)-EAST SIDE OF CALIFORNIA STREET NORTH OF 16TH STREET AND THE NORTH SIDE OF 16TH STREET EAST OF CALIFORNIA STREET WITHIN TRACT NO. 13822. CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS/ENGINEERING April 1, 2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON TUESDAY,JULY 21,2015 INDEX BID DOCUMENTS A. Notice Inviting Bids B. Proposal Form C. Bid Schedule D. Designation of Sub-Contractors E. Worker's Compensation Certification F. Non-Collusion Affidavit G. MBE/WBE Information-Good Faith Efforts H. References SPECIAL PROVISIONS SECTION 1 - Specifications and Plans SP-1 SECTION 2 -Proposal Requirements and Conditions SP-2 SECTION 3 -Award and Execution of Contract SP-5 SECTION 4 - Supervision of Work SP-6 SECTION 5 - Legal Requirements SP-8 SECTION 6 -Payments/General SP-13 SECTION 7 -Description of Work SP-16 SECTION 8 -Technical Specifications SP-20 SECTION 9 - Irrigation/System SP-22 SECTION 10 - Shrubs and Ground Cover Plants SP-25 SECTION 11 -Fertilizer and Pest Control Agents SP-26 SECTION 12 - Lawn/Turf SP-27 SECTION 13 - Slope/Bank/Drain Maintenance SP-29 SECTION 14-Weed Control SP-30 SECTION 15—Trees SP-31 CONTRACT AGREEMENT SP-33 PART I ADMINISTRATION Engineer's Estimate: Schedule 1,AD 953: $ 3,695 Schedule 2,AD 1029: $3,218 TOTAL ESTIMATE: $6,913 NOTICE INVITING BIDS (AREA"F") 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: (SCHEDULE 1,AD 953) - 16TH STREET BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET; AND (SCHEDULE 2,AD 1029)-EAST SIDE OF CALIFORNIA STREET NORTH OF 16TH STREET AND THE NORTH SIDE OF 16TH STREET EAST OF CALIFORNIA STREET WITHIN TRACT NO. 13822;AND in accordance with(2015-16) Special Provisions No. 6177 (SCHEDULE 1,AD 953) and 10598A (SCHEDULE 2, AD 1029), on file in the Office of the City Engineer, 3rd Floor, San Bernardino City Hall. Deliver all bids to the City Engineer's Office,Third Floor,City Hall,300 North"D"Street,San Bernardino, California,with the specification title and number and"SEALED BID" 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 TUESDAY, JULY 21, 2015 at which time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's Conference Room. 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 awarded to him. In the event the bidder 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 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. Pursuant to law,the Mayor and Common Council of the City of San Bernardino,by Resolution No.90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein,have ascertained and determined the general prevailing rate of per diem wages,and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the"Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial A-1 Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates,in effect ten(10)days prior to the actual Bid Opening,which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California Government Code and Section 10263 of the California Public Contract Code. 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,workers,and mechanics employed by them in the execution of the contract,and to prevent discrimination in the employment of persons because of race, creed, color, national origin, sex, age, or marital status as set forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The term of the contract will continue from September 17,2015 to the termination date of January 31, 2017, renewable for up to a maximum of two(2)additional one year periods by mutual agreement between the Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such renewal. A MANDATORY Pre-Bid meeting will be held on TUESDAY, JULY 14, 2015, at 2:00 P.M., at the office of the City Engineer,City Hall,Third Floor,300 North"D"Street,San Bernardino,CA 92418. This meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and material supply opportunities and to make the prime contractor aware of the City's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is mandatory. Attendance and/or certification may be used as part of the good faith effort. There will also be a non-mandatory pre-bid field review, following the pre-bid meeting. Due to the large number of Assessments Districts, the field review may be continued the following day, at 9:00 am, commencing at the office of the City Engineer, Third Floor, 300 North "D" Street, San Bernardino, CA 92418. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. Any Contractor who has their contract terminated by the City for non-performance shall be deemed a "non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize themselves with all areas. The successful bidder will be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. Contractor must submit along with bid,copies of the California Agricultural Pest Control Certificate,(for the person(s)or firm performing the work),and copies of certificates for chemical applications from the County of San Bernardino. A-2 Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY'S website at: www.ei.san-bemardino.ca.us/services/request for bids/public works/default.aM. Conversely,the Project documents are also available on CD,at no cost,if picked up in person. Upon request,a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY'S List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one(1)business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. The Contractor shall possess a Class "C-27" License at the time the contract is awarded. The Contractor shall furnish all equipment and supplies required to perform the specified items of work and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and healthy condition. Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of personnel and the names and telephone numbers of three(3) references for projects of a similar nature. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office Third Floor, San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92418 Attention: Ryan Sandoval and/or Laszlo"Les" Fogassy Tel: (909) 384-5226/5026 Fax: (909) 384-5190 E-mail: sandoval_ry@sbcity.org Fogassy_le@sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. NOTICE TO ADVERTISE SPECIFICATION NO. 6177& 10958A CITY OF SAN BERNARDINO SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN DATE: June 22,2015 &June 27,2015 City Clerk SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE BID DOCUMENTS BID 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 instructions to bidders and the entire contract documents 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: (SCHEDULE 1,AD 953) - 16TH STREET BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET;AND (SCHEDULE 2,AD 1029)-EAST SIDE OF CALIFORNIA STREET NORTH OF 16TH STREET AND THE NORTH SIDE OF 16TH STREET EAST OF CALIFORNIA STREET WITHIN TRACT NO. 13822;AND in accordance with (2015-16) Special Provisions No. 6177 (SCHEDULE 1, AD 953) and 10598A (SCHEDULE 2,AD 1029), on file in the Office of the City Engineer,3rd Floor,San Bernardino City Hall, and also in accordance with Standard Specifications for Public Works Construction, current edition, as amended by the Special Provisions and "Landscape Cost Estimating" by Colton, current 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 therefore the following unit prices or lump sum prices, to-wit: B-1 PAGE 1 ACCOUNT HUMBER 254-150-0106-5506-1866 BID SCHEDULE PLAN NO. 6177 (2015-16) SCHEDULE 1: ASSESSMENT DISTRICT NO. 953- 16"" &MEDICAL CENTER BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 1 L.S. Maintenance of turf and irrigation system at the lump L.S. (22,200 sy.ft.t) sum price of $ 3,200.00 2 1 L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of: $ 826.00 TOTAL BASIC BID (SCHEDULE 1) (A) S 4,026.00 C-1 PAGE 2 ACCOUNT NUMBER 254-150-0106-5506-1866 BID SCHEDULE PLAN NO. 6177 (2015-16) SCHEDULE 1:ASSESSMENT DISTRICT NO. 953— 16TH&MEDICAL CENTER SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUA NTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each $ 65.00 $ 1,950 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4.95 $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Heads: Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads: Pop-up type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each 12.00 $ $ 120.00 9 10 EACH Replacement of Sprinkler Heads:Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each 14.00 140.00 10 5 EACH Replacement of Sprinkler Heads:Shrubbery type,including necessary pipe,fittings,etc., per each 5.00 s 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 1) (B) $ 4,821.00 TOTAL BID : BASIC BID+SUPPLEMENTAL (A+B) $ 8,847.00 ITEMS OF WORK(SCHEDULE 1) C-2 PAGE 3 ACCOUNT NUMBER 254-150-0106-5506-6017 BID SCHEDULE PLAN NO. 10598A(2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 1029—CALIFORNIA AND 16t' BASIC BID UNIT TOTAL ANNUAL ITEM QUANTITY UNIT DESCRIPTION OF ITEMS PRICE PRICE 1 l L.S. Maintenance of lawns/turf and irrigation system at L.S. (6,000 sq.li, t) the lump sum price of: 1,294.00 2 1 L-S. Maintenance of plants,shrubs,groundcover and L.S. (1.035 sgft t) irrigation system,at the lump sum price of: $ 688.60 3 I L.S. Maintenance of trees and irrigation system at the L.S. lump sum price of $ 697.00 TOTAL BASIC BID (SCHEDULE 2) (A) S 2,679.60 C-3 PAGE 4 ACCOUNT NUMBER 254-150-0106-5506-6017 BID SCHEDULE PLAN NO. 10598A(2015-16) SCHEDULE 2: ASSESSMENT DISTRICT NO. 1029-CALIFORNIA AND 16TH SUPPLEMENTAL ITEMS OF WORK TOTAL PRICE (Quantity x Unit ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Price) 1 30 EACH Replacement of Trees(15 gal.)per each 65.00 $ $ 1,950 2 200 SQ.FT. Replacement of Turf per sq.ft $ .70 $ 140.00 3 10 EACH Replacement of Shrubs(1 gal.)per each $ 4 M $ 49.50 4 10 EACH Replacement of Shrubs(5 gal.)per each $ 12.85 $ 128.50 5 25 FLAT Replacement of Ground Cover per flat $ 18.00 $ 450.00 6 35 EACH Replacement of Sprinkler Ileads:Pop-up type,under 12",including necessary pipe, fittings,etc.,per each $ 8.00 $ 280.00 7 35 EACH Replacement of Sprinkler Heads: POP-UP type, 12"or over,including necessary pipe, fittings,etc.,per each $ 10.00 $ 350.00 8 10 EACH Replacement of Sprinkler Heads:Rotor type, under 12" including necessary pipe,fittings, etc.,per each $ 12.00 $ 120.00 9 10 EACH Replacement of Sprinkler Heads: Rotor type, 12"or over, including necessary pipe,fittings, etc.,per each $ 14.00 $ 140.00 10 5 EACH Replacement of Sprinkler Heads: Shrubbery type,including necessary pipe,fittings,etc., per each $ 5.00 $ 25.00 11 48 HOURS Cost of labor for irrigation system repair for EXTRA WORK per hour $ 24.75 $ 1,188.00 TOTAL SUPPLEMENTAL ITEMS OF WORK (SCHEDULE 2) (B) $ 4,821.00 TOTAL MID : BASIC BID+SUPPLEMENTAL (A+B) $ ITEMS OF WORK(SCHEDULE 2) 7,500.60 C-4 BID SUMMARY BID SUMMARY ALL SCHEDULES Indicate Total Bid for each schedule in the spaces provided and the total of all schedules. TOTAL BID: SCHEDULE 1-AD 953 $ 8,847.00 TOTAL BID: SCHEDULE 2-AD 1029 $ 7,500.60 TOTAL BID FOR CONTRACT- 16,347.60 SUM OF ALL SCHEDULES: $ NOTE: IF MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE TERM OF THIS CONTRACT, TOTAL PAYMENT AMOUNT FOR BASIC BID SHALL BE PRORATED ACCORDINGLY. BASIS OF AWARD OF CONTRACT:THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK. BIDDER MUST SUBMIT BIDS FOR BOTH THE BASIC AND SUPPLEMENTAL ITEMS OF WORK FOR ALL SCHEDULES. C-5 BID NOTES: 1. The total price must be extended for each item of work and the total of all items inserted in the space provided. 2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work. 3. An estimate of the square footage involved in each Basic Bid item has been provided to assist the Contractor but are not to be construed as actual quantities. The Contractor,by submitting bid,has satisfied themselves of the actual character and quantity of work and the price bid will be for the lump sum unit price. 4. An estimate of the quantities involved in each Supplemental Items of Work item has been included for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit price for increased or decreased quantities. C-6 BIDDER'S INFORMATION AND SIGNATURE It is the understanding of the undersigned that the work hereinabove described shall be commenced on, September 17,2015 except as previously noted, and shall continue in a good and workmanlike manner for the term of the contract. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guarantee accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. 802299 CLASSIFICATION C27 C61/D49 FIRM NAME: Inland Empire Landscape,Inc. BUSINESS ADDRESS: 2456 Kern St SIGNATURE OF BIDDER: L— If an individual, so state. If a firm or o-partnership, state the firm name and give the names of all individuals,co-partners composing the firm. If a corporation,state legal name of the corporation,also the names of the president, secretary,treasurer and manager thereof. Inland Empire Landscape Inc Joel Ibarra-President Joel Ibarra-Secretary Joel Ibarra-Treasurer Telephone No. ( 909 ) 473-9066 Dated July 20 120 15 BIDDERS ACKNOWLEDGEMENT OF ADDENDUM: ADDENDUM NO. 1 DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: C-7 Inland Empire Landscape,Inc. BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of the Public Contract 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. Name&Address Under Which Agency&No.of Subcontractor MBE/WBE CERT. Sub-Contractor Sub-Contract Specific Licensed (If Applicable) Phone No. Amount Sub-contract 1. N/A $ 2. 3. 4. 5. 6. D-1 WORKER'S COMPENSATION INSURANCE CERTIFICATION I am aware of,and will comply with,Section 3700 of the Labor Code,requiring every employer to be insured against liability for Workers'Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM: Inland Empire Landscape Inc. BY: Joel lbarra TITLE: President DATE: July 20,2015 E-1 (This affidavit shall be executed by all bidders at the time of bid submittal.Failure to execute the affidavit on this page will result in rejection of bid) NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California, Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: The he/she has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business blame Inland Empire Landscape,Inc. Business Address 2456 Kern St.San Bernardino,Ca 92407 Signature of Bidder Printed Name&Title Joel Ibarra-President San Bernardino Place of Residence State of California County of San Bernardino Subscribed and sworn to (or affirmed) before me on this 20 day of July , 2015, by Joel Ibarra ,proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (Seal) Signature _ F-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Riverside i) On July 21, 2015 before me, Susan C. Monteon Notary Public, i Date Insert Name of Notary exactly as it appears on the official seal I personally appeared Joel Ibarra i ! Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 1 and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) SUSAN C.MONTEON acted, executed the instrument. COMM42033248 i Notary PubWCAINbtmis I certify nder PENALTY OF PERJURY under the laws of W RRIMSDECOUIM the State of California that the foregoing paragraph is true My Comm,EvA M LY 1%20 and correct. ii Witness my han and official seal. l Signature ����,.� �� �.��--� Place Notary Seal Above Signature of Notary Public Susan C. Monteon II 1 OPTIONAL required b law, it may rove valuable to persons relying on the document Though the information below is not eq y y p p Y 1!, and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document i Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _- i Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual !j ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General �i ❑ Attorney in Fact - li :■- El Attorney in Fact t ❑ Trustee ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here E] Guardian or Conservator Top of thumb here j ❑ Other: ❑ Other: 1{ iI( I Signer is Representing: Signer is Representing: i _............_— Bond Number: CDGB103793 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, —. State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. as Principal,and Contractor Managing GenerallnsuranceAgency,Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 as Surety,are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent j 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS,the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made apart hereof to enter into a contract in writing,for the -- -__—_-- ------- -_--. Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined-_Area F.---- (Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on July 21, 2015 (Insert date of opening) NOW,THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension.`Owner and Contractor shall obtain the Surety's consent of an extension of acceptance of the bid beyond ninety(90)days. Signed,this 20th day of July —,20 15 IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. State National Insurance Company,Inc.administered by: Inland Empire Landscape, Inc. (SEAL) Contractor Managing General Insurance Agency,Inc. (SEAL) Principal By: Signature 4Sie Stephanie Hope Shear,Attorney-Irt-Fact os - Printed Name and Title Printed Name and Title NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shalt accompany this form. F-2 ."If awarded this Project,The term of the Performance/Payment bonds is for one(1)year only.Option renewal years will be approved by the surety company and extended at their sole discretion. Bond No.: CDG6103793 Premium:N/A Taxes& Fees: N/A State National Insurance Company,Inc.Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,the following bond described as: Maintenance of Landscaping and Appurtenant Facilities in Portions as outlined -Area F for Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these present,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 24th day of March,2014. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter,President Trace Ledbetter,Secretary STATE OF TEXAS County of Tarrant On this24th day of March,2014 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. •�`Y'�. MirKly s . Noary Toms State of Texas C�m .Exp.04-21-1 S[Notary Stamp] Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY, INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attested the seal of said Company this2bday of j_y___ 2015 Trace Ledbetter,Secretary C M G I A-S N I C-S U R-014-03/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On Jill � 1 20 _before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws SHIRLEY GIGGLES of the State of California that the foregoing paragraph Commission# 1967675 is true and correct. i ,:m Notary Public-California D WITNESS-,my ttagd' d offici I seal. Z r' Los Angeles County My Comm.Expires Sep 7,2016, Signature `` Signatur f N Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): `! Partner — ❑ Limited ❑ General J Partner — r, Limited ❑General Individual :�Attorney in Fact Individual Attorney in Fact Trustee El Guardian or Conservator Trustee Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA 1 1( J} County of Riverside On July 21, 2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as it appears on the official seal I i � personally appeared Joel Ibarra Name(s)of Signer(s) t j' who proved to me on the basis of satisfactory evidence to i be the person(s) whose name(s) is/are subscribed to the j within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) SUSAN C. TE acted, executed the instrument. COMM.#2033248 m 3 *' is 1 certify under PENALTY OF PERJURY under the laws of Nowy w gl C the State of California that the foregoing paragraph is true My Cantu,E* JULY 13,E7 and correct. Witness my hand and official seal. 'E Signature � _- I Place Notary Seal Above gnature of Notary Public Susan C. Monteon OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document !, I' Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: -------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Titles): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ' ❑ Partner ❑Limited❑General F-1 Attorney in Fact ;•- ❑ Attorney in Fact i I ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER Guardian or Conservator To of thumb here ❑ Guardian or Conservator Top of thumb here ❑ p F-1 Other: ( F-1 Other: I ' Signer is Representing: ± Signer is Representing: Inland Empire Landscape,Inc. BIDDER'S FIRM NAME MBE/WBE INFORMATION - GOOD FAITH EFFORTS The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women Business Enterprise(WBE)Goal of 5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement N/A B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations,etc.): Names of MBEIWBE Initial Solicitation Follow Up Methods Solicited Dates and Dates N/A C. The items of work which the bidder made available to MBE/WBE firms,including,where appropriate, any breaking down of the contract work items(including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WBE firms. Items of Work Breakdown of Items N/A G-1 D. The names,addresses and phone numbers of rejected MBE/WBE firms,the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work(please attach copies of quotes from the firms involved): Firms Rejected N/A Firms Selected N/A E. Efforts made to assist interested MBE/WBEs in obtaining bonding,lines of credit or insurance,and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBEs: N/A F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment,supplies,materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G-2 G. The names of agencies,organizations or groups contacted to provide assistance in contacting,recruiting and using certified MBEs/WBE firms(please attach copies of requests to agencies or organizations,and any responses received,i.e.,lists,Internet page download,etc.): Name of Method/Date Results Agency/Organization of Contact of Contact N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary}: G-3 Inland Empire Landscape, Inc. BIDDER'S FIRM NAME REFERENCES Date: July 20, 2015 The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Public Agency's Contract Name,Title Name&Address Type of Project Contract Amount Date Completed &Phone Number I. _City_of Rialto __ _Annual_Landscap &$_ 65;000-00 in Progress- Zam-Sung--- 150 S_PaImAYe_.___._--- Generzl-Maint. Services I andsra a .nntract Inspector RAM, (:a A2407_____. (909)772-2635 2 City of San Bernardino Landscape Mantel7encS 548.400_OQ__ In p--�== °C elm Tlckpry,yAr son North Park Superintendent _San_Bsrnardlno_ Ca 92407 -(-95-1)544-8V5 3. City of Riverside p ib� lir _-. Annual Land cape_ $x,000.0Q....__. jnprna—.res&__ Robert Filiar Works Division____ General MainL_Senvices City Landscape Inspector 1900 Main Street X951 1 712-4365 Riverside, Ca 92501__.__.__ H-1 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS SECTION 1 SPECIFICATIONS AND PLANS I-A GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction,current edition,amended by any Special Provisions set forth herein,the"Landscape Cost Estimating"by Colton,and in accordance with the following Special Provisions. 1-B DEFINITIONS--Whenever in the Standard Specifications the following terms are used,they shall be understood to mean and refer to the following: Agency/Owner-The City of San Bernardino. Board -The Mayor and Common Council for the City of San Bernardino. Engineer -The City Engineer, Department of Public Works for the City of San Bernardino or authorized designee. Inspector -Authorized designee of the Engineer. 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,current edition. Landscape Cost Reference - "Landscape Cost Estimating"by Colton, current edition. Other terms appearing in the Standard Specifications, 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. 1-C LIGHTING--Repair,replacement and maintenance of all street lighting shall be the responsibility of the City and is not a part of this contract. 1-1) TOT LOT EQUIPMENT--Repair,replacement and maintenance of all Tot Lot equipment,if any, shall be the responsibility of the City and is not a part of this contract. SP-1 SECTION 2 BID REQUIREMENTS AND CONDITIONS 2-A GENERAL --Bids must be submitted on the bid form contained herein. All bids or bids 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 often 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 and the Mayor is authorized to execute the contract. In the event the bidder whose bid 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 bid 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. 2-B MINORITY AND WOMEN'S BUSINESS ENTERPRISES--A policy for establishing goals for participation of minority and Women's Business Enterprise(MBE/WBE)was adopted by Resolution No.95- 409 by the mayor and Common Council of the City of San Bernardino,on 11-20-95.This outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15% MBE and 5% WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises(MBEs),Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reachout to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings,if any,scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs,WBEs and other business enterprises. The bidder shall,when economically feasible,divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications,minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs,having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances,the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs,WBEs and other business enterprises not less than fifteen days prior to the submission of bids. SP-3 (8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises,as determined by the city. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs,WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub-contractors,failure to meet those levels shall not be a basis for disqualification of the bidder.A determination of the adequacy of a bidders'good faith effort must be based on due consideration of the indicia of good faith as set forth above, In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above,the City shall,if requested,and prior to the award of the contract,afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with"minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately,and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-4 SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-A GENERAL -- The bidder whose bid 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 and authorizing the City Manager 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-B 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.In lieu of the Bond as referenced above,the Contractor may deposit with the City a cash amount equal to $100 or ten percent(10%) of the total amount bid for the first year's maintenance,whichever is greater. The amount so deposited shall be retained by the City of San Bernardino and will be returned to the Contractor upon completion of the term of the contract. There will be no interest paid to the Contractor on the amount so deposited. 3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works. 3-1) COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into compliance with the specifications set forth herein,within a time frame as determined by the Inspector,but not to exceed 90 days. SP-5 SECTION 4 SUPERVISION OF WORK 4-A MONTHLY EVALUATIONS--The Inspector will prepare a monthly evaluation and performance report relative to the project area. Contractor and Inspector shall meet at least once each month at the office of the Inspector or at another location as agreed upon by the parties,to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion. 4-B INSPECTIONS --An inspection form will be completed by the Inspector every week. Any items noted not to be in compliance with the specifications will be discussed immediately with the Contractor's on site representative. Correction of these items shall be accomplished as set forth at Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall constitute sufficient grounds for further action,up to and including termination of the contract. Contractor or his representative shall also meet once each week on site for field inspections with the Inspector to discuss and sign said inspection report.Failure on the part of the Contractor to meet at the designated time and place will result in a 10% reduction in the monthly contract payment for each occurrence. 4-C REPRESENTATIVE OF CONTRACTOR--An authorized on-site English speaking responsible representative of the Contractor shall be designated in writing at the time this contract is executed by the Contractor. This representative shall be considered as an agent of the Contractor with authority to receive official notices and make binding agreements on the prosecution of the work. The Inspector shall be given 5 days prior written notice of a change in such representative. 4-D UNIFORMS--All employees shall be dressed in a uniform shirt identifying them as the Contractor's personnel,and shall be so attired at all times,including all necessary safety attire,equipment,and vehicles, which shall also bear the Contractor's State License number. 4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in compliance with this Agreement, or brought into compliance within the period of time allotted, may be withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by the City to correct the problem or for services not fulfilled by the Contractor. A statement will be provided with the monthly payment describing the reason for withholding a portion of the payment and a listing of the amount. (See also Section 6-E of these Special Provisions.) 4-F TERMINATION OF CONTRACT --Failure to perform specified items of work as provided in these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and will be effective 15 calendar days after receipt of said notice. This contract may be terminated at any time, for any reason by the City after giving sixty(60) days written notice to the other party. Notification of any termination will be given to the surety, who shall have the right to take over the contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance services with the right to recover damages from the principal or the surety arising from the principal's failure to perform. SP-6 4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted November 21, 1994,the Mayor and Common Council established a policy which states that any assessment district landscape Contractor who has their contract terminated by the City for non-performance shall be deemed a"non-responsible"bidder for a period of three years following the date of termination and will not be allowed to submit a bid for any other assessment district landscape maintenance contract during that period. A Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the San Bernardino Municipal Code. SP-7 SECTION 5 LEGAL REQUIREMENTS 5-A 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 the execution of the contract.The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Following is the required minimum limits of Insurance: Bodily Injury . . . . . . $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage . . . $100,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of$1,000,000 will be considered equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in Section 7-3 of the Standard Specifications. 5-13 WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors before execution of the contract. 5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. SP-8 The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be required by Inspector in the event of a problem becoming evident. 5-D SAFETY REQUIREMENTS--All work performed under this contract shall be performed in such manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor, which is not a result of his operations, shall immediately be reported to the Engineer(909) 384-5111. 5-F USE OF CHEMICALS--The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals approved by the State of California, Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California Registration No. and Chemical Abstract Service No. (Case#),and based on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the current San Bernardino County Department of Agriculture regulations. No chemicals,herbicide or pesticide shall be applied until its use is approved,in writing,by the Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or pesticides and hereby specifically reserves to itself full rights against any party for any damages which are proximately caused by the negligence or improper use of any such chemicals, herbicides or pesticides. Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector. Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained from the County of San Bernardino Department of Agriculture and written permission has been obtained from the Engineer. 5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race,color,religion,sex, marital status or national origin. Contractor shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal,state and local laws. Such action shall include,but not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and promotion. In addition,Contractor shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age,handicap or religion, in compliance with state and federal laws. 5-H SOUND CONTROL REQUIREMENTS--The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud,unnecessary and excessive noises. SP-9 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 may or 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. 5-1 PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution of the contract. 54 WARRANTY-- Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorneys' fees and costs,presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. SP-10 DATE(MWYYIDD) ACORV CERTIFICATE OF INSURANCE 0_/15/08 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE COMMERCIAL ASSOCIATES INS, INC AFFORDED BY THE POLICIESBELOW. 122_6 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE ANAHEIM C'A 92-807 COMPANY ' A CNA—TRANSCONTINETAL INSURF.D COMPANY B CNA—VALLEY FORGE INLAND LANDSCAPING SERVICES COMPANY 3900 CALIFORNIA STREET C CHUBB GROUP—FEDERAL INSURANCE SAN BERNARDINO, CA 9_2497 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMNYIDD) DATE(MMIYYIDD) GENERAL LIABILITY GENERAL AGGREGATE f 2,0 0 i 1,t�0 Q PRODUCTS-COMPKIP AGG X COMMERCIAL GENERAL LIABILITY A 00,CLAMS MADE � OCCUR PERSONAL 8 ADV INJURY f 1,0 U u A- 757E CI (_7�J(i �G�' ii��r jj�ci9 EACH OCCURENCE f1,(11)0,ci 0 I-} OWNER'S 8 CONTRACTOR'S PROT FINE DAMAGE(Any one fire) f j(i,u 0 Med eip(Any one person) f 5,c w�) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f x 0 00,0 i)0 ANY AUTO BODILY I DUTY f ]( ALL OWNED AUTOS (Per person) B x SCHEDULED AUTOS • HIRED AUTOS BODILY INJURY f • NON-OWNED AUTOS (P—cciderlt) BAP 5_�;`t_�5 (?^jU_/9;' ;1^1[,1t`�i�} PROPERTY ACCIDENT f GARAGE LIABILITY AUTO ONLY-EA ACCENT ANYAUTO C T f A TE S EXCESS LIABILITY E f UMBRELLA FORM f OTHER THAN UMBRELLA FORM f WORKERS COMPENSATION AND WC STATIY OTH- r r EMPLOYER'S LIABILITY TORY LIATS ER EL EACH ACCIDENT f THE PROPRIETOR/ PARTNERSIEXECUTNE R INCL EL DISEASE-POLICY LIMIT f OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIO NSILOCAT)ONSNEHK:LESISPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: AD 200 I, CONTRACT c3P9'_ BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF SAN BERNARDINO EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL EN9EAV9RS6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT, DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION 31)i? NORTH "D" STREET SAN BERNARDINO, ''A 9=4i�'—ilCO_ AUTrIQJTR ESENTATIVE ACORD 25-S(1195) J B ACORD CORPORATION 1988 SP-11 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET SAN BERNARDINO, CA 92418-0001 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. NOTE.•MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY ALSO SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-12 SECTION 6 PAYMENTS/GENERAL 6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the month the work is performed,or 21 days after approval by the Inspector,whichever occurs later. The first payment may be pro-rated in accordance with the actual portion of the month worked. Request for payments must be submitted each month and shall be hand delivered to the Inspector at the monthly evaluation meeting. Extra work shall NOT be listed on the request for payment, but billed separately on forms provided by the Inspector for extra work billing and the work must have been previously approved as set forth in Section 6-D below. Upon acceptance and approval of the billing by the City,payment for Extra work will be made the following billing cycle. 6-B PAYMENTS WITHHELD--The City may withhold payment to such extent as may be necessary to protect the City from loss due to: 1. Defective work not corrected. 2.Claims filed or reasonable evidence indicating probable filing of claims by third parties against the City arising from the performance of the Contractor or any subcontractor under this agreement. 3. Maintenance not being performed or completed. 6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and shall be based upon actual damages and/or the amount and type of maintenance not completed.Retention of payment for damaged irrigation components,or loss of any plant material may be released to the contractor upon repair or replacement of the needed items or completion of work. Deductions for incomplete or inadequate maintenance not performed at the required schedules shall be a permanent deduction. 6-D EXTRA WORK--Any extra work done shall conform to the provisions in Section 3.3 "EXTRA WORK" of the Standard Specifications. 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 negotiated price. Prior approval shall be obtained in writing from the Engineer,or his designee, before performing any extra work, except for urgently needed repairs to the irrigation systems. With submission of the bill for such Extra Work,Contractor shall attach copies of material invoices and rental receipts,if any,as backup for the amount charged Extra Work includes repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall make final determination if work needed is due to vandalism or contractor's negligence. 6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to Contractor's SP-13 negligence shall be classified as Supplemental Items of Work.All supplemental work performed shall be as directed by the Inspector and then Engineer. The provisions contained in Section 3-2,"Changes Initiated by the Agency",of the Standard Specifications shall not apply to Supplemental Items of Work,and no adjustment shall,therefore,be made in the contract unit price for increased or decreased quantities of Supplemental Items of Work. 6-F PROJECT APPEARANCE --The Contractor shall maintain a neat appearance to the work. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations. 6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance elements of the maintenance contract. The Inspector 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 Inspector, not to exceed ten(10)days,to conform to the contract standards. If after said 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 Inspector will notify the Engineer who will have the option of terminating the contract and re-advertise for a new contractor. The necessity of sending more than two(2)formal notices to the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for termination of the contract. In such event, then the amount of cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by the Agreement. 6-H HOURS OF LABOR--The Contractor shall conduct his operations during the hours specified in Section 7-B-2. 6-I PERSONNEL--The Contractor shall furnish sufficient supervisory and working personnel of such capabilities as to promptly accomplish on schedule,and to the satisfaction of the Inspector all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a company identifying marker. The Inspector may require the Contractor to immediately remove from the work site any employee(s)observed to pose a threat to the public and whose continued employment on the job is contrary to the best interests to the City. The Contractor shall assign an English speaking responsible Foreman,who maybe a working Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with respect to performance of this contract.Adequate and competent supervision,as determined by the Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment of a first-class job. 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 therefore. SP-14 64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees,court costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office,in connection with that action shall be considered as attorney's fees for w.w the purpose of this agreement. SP-15 SECTION 7 DESCRIPTION OF WORK 7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry as determined by the Inspector. 7-B WORK TO BE PERFORMED--The work to be performed consists,in general,of the following: 7-B-1 Maintenance--Complete landscape maintenance of all contract areas to include litter removal, irrigation,pruning,shaping and training of trees,shrubs,and ground cover plants;raking;fertilization;weed control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all other maintenance required to maintain the contract areas in a safe,attractive,usable,healthy and vigorous condition. All other areas,such as sidewalks,curbs,gutters,expansion joints,median hardscape(if any),within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for weeding. Unimproved areas beyond described limits are not a part of this contract. For unimproved areas within described limits,ten(10)feet from curb face shall be maintained weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved areas to be maintained are shown on the Plan. 7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance required under this contract from Monday through Friday,excluding holidays,as defined and as specified in this Section of these Special Provisions. Exceptions may be made to normal working hours (7:00 a.m. to 4:30 p.m.) where incidence of use may be too great during the hours specified to allow for proper maintenance. The Inspector may grant,on a case by case basis,permission to perform contract maintenance at other hours or on designated holidays. Designated legal holidays are: January 1St,the third Monday in January,the third Monday in February, the last Monday in May,July 4th,the first Monday in September,November 1 lth,Thanksgiving Day and the Friday following,December 25th and the working day preceding or following)as directed by the Mayor and Common Council and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of any work required by these specifications,and any changes in scheduling shall be reported in writing,to the Inspector immediately. SP-16 7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In addition,a special notification listing exact start date for fertilization,aerification,renovation,pruning and other infrequent operations shall be furnished to the Inspector at least five(5)working days in advance of performing these operations. 7-B-5. The Contractor will be responsible for replacing trees and plant material due to over watering, under watering or improper horticultural practices or neglect as determined by the Inspector at Contractor's cost. 7-C MAINTENANCE SCHEDULES The following items of work shall be performed by the Contractor with the frequency indicated: Pick up of trash and debris Weekly or as needed. Note:Areas adjacent to high pedestrian traffic may require more frequent pickup of trash as determined by the inspector. Complete Irrigation Test Weekly(with Inspector) Rodent Control Weekly Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure proper and adequate irrigation. (e.g. daily during hot, dry weather). Trimming/Pruning Trees/Shrubs Every two months(areas adjacent to sidewalks&right of way -as needed) Fertilization- (small trees, shrubs, ground cover) Semi-annually Fertilization- (turf) Quarterly Weeding Slopes(all debris to be removed- Slope Areas are as shown on Plan) Monthly Continual Weeding(all shrub/ planter beds,banks, and ALL other areas including hardscape,sidewalks and expansion joints not defined as slopes) Weekly Raking beds; removal of leaves, pine needles, etc. Weekly Shrub/planter bed edging Semi-monthly SP-17 Sweeping/Blowing Walks (after mowing and edging) Weekly Washing walks/Median Hardscape Monthly Concrete Drainage channels cleaned As needed Spraying pre-emergent Quarterly Spraying for weeds As needed Turf mowing Weekly Turf edging Weekly Turf trimming * Weekly Turf aerification Annually(before July 15 or as directed by Inspector) Turf renovation** Annually(before October 15 or as directed by Inspector) Overseeding Annually(before October 15 or as directed by Inspector) Pest control on trees As needed Leach Irrigation*** (min. 12" of water) 4 Times Annually *With a power trimmer around all poles,obstructions,tree wells,sprinkler heads and other miscellaneous items as designated by the Inspector. ** Lawn renovation shall include the following: 1. Eradication of undesirable species. 2. Thatch removal by vertical mowing. 3. Cultivation by coring, grooving slicing or spiking 4. Fertilization and possibly liming. 5. Seeding(with seed approved by the Inspector) 6. Repair damaged irrigation facilities. *** Dates, location and necessity to be determined by the City. The City of San Bernardino shall be responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and leaching dates. 7-D 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 SP-18 of City's acceptance of said improvements.However,the cost of maintenance shall not exceed the unit price awarded under this contract.(i.e.same cost for irrigation components as awarded in this contract;turf and/or ground cover shall not exceed to cost per square foot awarded under this contract). 7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner, shall be provided by the Contractor. Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the contract bid prices and no additional compensation will be allowed therefore. 7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this construction. The Contractor shall provide maintenance up to the construction area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated by construction of hardscape shall be deducted from the gross area under the same provisions as provided above for FUTURE WORK. 7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or modified within the maintenance area shall be negotiated with the Contractor under the same provisions as provided above for FUTURE WORK. The City of San Bernardino may also permanently or temporarily eliminate or modify landscaping within maintenance areas in order for the City to comply with State of California regulations regarding water conservation. SP-19 SECTION 8 TECHNICAL SPECIFICATIONS 8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety" of the Standard Specifications, and these Special Provisions. Warning signs, lights and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California. A minimum of one(1)lane shall be maintained for each direction of traffic at all times,unless approved otherwise by the Engineer. Full compensation for furnishing and installing all signs,lights,flares,barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when maintenance operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The provisions in this section may be modified or altered if,in the opinion of the Engineer,public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. 8-B COOPERATION AND COLLATERAL WORK--Attention is directed to Section 7.7,"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions. Certain companies,governmental agencies,or their Contractors may be working within the area. Certain utility facilities in various locations within the project limits may be removed, relocated, abandoned, or installed by companies'or agencies'contractors. It is anticipated that these existing utilities will not interfere with the Contractor's operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The utility locations shown on the original landscaping plans are correct to the best of our knowledge. When in doubt, the Contractor shall contact the utility concerned before proceeding further. Full compensation for conforming to the requirements of this Section,not otherwise provided for,shall be SP-20 considered as included in the lump sum prices paid for the work involved and no additional compensation will be allowed therefore. 8-C REMOVAL OF SIGNS--Any unauthorized signs,stakes,posts/poles,political or otherwise,found within the landscaped areas from time to time shall be considered as trash and debris and shall be removed by the Contractor as directed by the Inspector. Full compensation for removal of such items shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 8-D CLEANUP AND DUST CONTROL--Cleanup and dust control shall conform to the provisions in Section 7-8.1, "Cleanup and Dust Control' of the Standard Specifications. SP-21 SECTION 9 IRRIGATION SYSTEMS 9-A The Contractor shall provide the following repairs,maintenance and supply all needed materials,and perform the work as necessary in accordance with the following: 9-B The Inspector shall be immediately notified, of any damage suspected to be caused by accident, vandalism,theft,or Act of God. Immediate notification of any such damage,prior to start of work within the area,will serve to indicate the Contractor's belief that it was caused by factors beyond his control. The City shall review the damage and/or request information from the Contractor in order to establish the true cause of damage and determine responsibility for repair. The Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related to his operations. 9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following sprinkler system components as needed,for no additional cost,under normal wear conditions as determined by the Inspector: Sprinkler Heads Sprinkler Head Risers Anti-theft/vandalism sprinkler head devices Valve Covers Valve Boxes or Sleeves Quick Coupler Valves and Hose Bibs Bubblers, Emitters, etc. Sprinkler System Lateral Piping Sprinkler Main(Pressure Line) Sprinkler Control Valves Sprinkler Controller Valve wiring to Controller Ball and gate valves Drip irrigation system including multi-outlet emission device,tubing, and emitters. 9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components due to his own negligence, including removal of anti theft devices. 9-E The cost of all repairs to,or replacement of, irrigation system and landscape caused by vandalism, theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not covered by an item of Supplemental Work,shall be paid for as Extra Work,in accordance with Section 6-A, "EXTRA WORK", of these Special Provisions. Any replacement must conform to the type and kind of existing system,unless the use of anti-theft or anti-vandalism devices have been authorized by the Inspector. Any other deviation must be approved in writing by the Inspector. 9-F Irrigation shall be done by the use of the automatic sprinkler systems,where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of his responsibility. In the event of a failure of any irrigation component that would prevent SP-22 proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until the repair and/or replacement is accomplished. 9-G In those areas where an automatic sprinkler system is installed,the Contractor shall inspect weekly, or more often if climatic conditions requires, for any damage to the system and for the operation of the system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capacity, and make whatever adjustments which may be necessary to prevent excessive run-off into street right-of-way,or other areas not meant to be irrigated. The periodic inspection may occur more often,but not less frequently,than one inspection each week,in operation,with the Inspector. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: 9-G-1 Turf,if any,shall be irrigated as required,to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less humidity or high winds, or during a prolonged high temperature period during the summer months). 9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion. 9-G-3 Shrub beds, if any, shall be irrigated as required,to maintain horticulturally acceptable growth and color,and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types, seasons and weather conditions. 9-G-4 Newly planted trees,shrubs,ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal,healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. 9-H The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate irrigation. Such repairs will be made by the Contractor with same type/brand head,or approved equal by the Inspector. 9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly basis.This will include laterals,main lines,control valves,control wire,timer/controller and any other items in the system. If any of the items mentioned in this paragraph are found to be defective or in need of repair during the weekly inspections,said items shall be repaired immediately. All materials or parts shall be the same brand or approved equal. Contractor shall notify the City Inspector immediately before making ggny such repairs by calling 384-5111 during working hours. 94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the Inspector. New sprinkler heads shall be the same type,size and brand as the one to be replaced,except for anti-theft or anti-vandalism devices as approved by the Inspector. The unit price paid for replacing sprinkler heads shall include all items of work (including necessary repairs and/or replacement of piping, fittings,etc.)involved in restoring a sprinkler to full operation and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-23 9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A new timer/controller shall be of the same model and manufacturer as the one to be replaced unless otherwise approved by the Engineer. The City may,at its option,provide Contractor with a replacement timer/controller,in which case the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply. Replacement of a defective timer/controller is determined as Extra Work and shall be subject to Extra Work requirements as set forth in Paragraph D, Section 6. 9-L Any replacement or repair of the irrigation system accomplished as"EXTRA WORK"shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall apply,plus material costs. SP-24 SECTION 10 SHRUBS AND GROUND COVER PLANTS 10-A All shrubs and ground cover plants,if any,growing in the work area shall be pruned as required to maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Inspector,will not be permitted. 10-B Plants to be maintained shall conform to the requirements of Section 2.2,"Tree and Shrub Care"and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions. 10-C Replacement of plants,shrubs and ground cover shall be in accordance with construction plans and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,and/or with the landscaping construction plans for the various subdivisions which are included within this project,or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5 gallon. The unit price paid for replacing shrubs and ground cover shall include all items of work involved in removing and planting shrubs and ground cover and at the price indicated in the"SUPPLEMENTAL ITEMS OF WORK SCHEDULE". A Flat of ground cover is considered to contain 64 plants. SP-25 SECTION 11 FERTILIZER AND PEST CONTROL AGENTS 11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions. 11-B--Turf Grass 11-B-1 Manure shall not be used as a fertilizer or soil conditioning material. 11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall be approved by the Inspector. 11-B-3 Fertilizer shall be packaged in multi-wall paper bags,polyethylene lined for moisture resistance. 11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Inspector or based on the results of the soil testing and at the times specified below(or as otherwise directed by Inspector): July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 11-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Inspector 2-3 days before application and submit bag tag. 11-C Shrub Beds, Ground Cover, and Small Tree Fertilization 11-C-1 Fertilization of all shrub beds,ground cover areas and all young trees(3"caliper and smaller) within the designated work area shall be accomplished two (2) times per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the Inspector. 11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material. Fertilizer shall be applied at the times specified below: October 1 - October 15 March 15 - April 1 11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. 11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference. SP-26 SECTION 12 LAWN/TURF 12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be maintained if the turf area abuts a shrub bed,property line or to maintain a turf delineation. 12-B All lawn areas included in this contract shall be mowed with approved power-propelled reel-type or rotary mowers. The mowers shall be equipped with catchers.Mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A MULCH- MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF INSPECTOR. 12-C Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform,level cut no higher than three(3)inches,or as otherwise instructed by the Inspector,but no more than 25% of existing growth to be removed in any one mowing. 12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request,from the Inspector,for reasons of rain or prolonged cold,alteration of this mowing frequency. 12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten(10)days prior to beginning work; renovation shall occur upon thirty(30)days notice from the Inspector. Care should be taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation process has taken place. 12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a minimum of 75%germination will require reseeding by the Contractor at no extra cost to the City. 12-G Turf area shall be 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 at no additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Inspector. A schedule of aerification equipment to be used shall be submitted to the Inspector ten(10)days prior to beginning work. 12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean,neat appearance of turf areas. In the event of the mulch-mowing as provided under Section 12-13, all clippings must be adequately fine-cut and spread as to achieve a neat appearance. SP-27 12-I Any turf to be replaced which suffers any Act of God,vandalism or other destructive occurrences,in excess of the number stated in the bid item,and not directly or indirectly caused by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of work. 12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed and shall be installed as directed by the Inspector. The unit price paid for replacing turf shall include all items of work involved in removing and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-28 SECTION 13 SLOPE/BANK/DRAIN MAINTENANCE 13-A All Slopes are to be weeded by hand or using a power weed cutter.All other plant material located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed weekly. AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY, ARE DELINEATED ON SAID PLANS). 13-B All vertical areas not defined as"Slopes Areas"will be considered as Banks and are to be maintained as stated in these Special Provisions. 13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned as needed. SP-29 SECTION 14 WEED CONTROL 14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands, medians, undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round-up per manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for duration of contract. This shall also include weekly trash and litter pick-up. 14-B All landscaped areas within the specified maintenance area including lawns,shrub and ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished within each seven (7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks. SP-30 SECTION 15 TREES 15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits, appearance, and health of the tree. The Contractor shall,as a part of this contract,be responsible for TOTAL TREE CARE PROGRAM(all of each tree). Said program is the selective and natural approach to pruning of all trees on site and includes pest and disease control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of the Inspector any tree that: shows signs of root heaving,and leaning,or has hanging limbs or is in some manner,a safety hazard. Contractor shall notify the Inspector 48 hours prior to any pruning. 15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost,nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball. 15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Inspector. 15-D Any trees to be replaced which suffer any Act of God,or vandalism and not due to negligence by the contractor, shall be classified as supplemental items of work. 15-E Tree removal and replacement due to the Contractor's negligence,including lack of pest and disease control, shall be at Contractor's expense. 15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least four approved ties. Tree ties shall be inspected monthly,and corrective action taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the Inspector. Replacement,adjustment or removal of stakes and ties is included in the basic bid price for tree maintenance. 15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section. The unit price paid for replacing trees shall include full payment for all work involved in furnishing and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP-31 CONTRACT AGREEMENT SP-32 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of , 20 , between the City of San Bernardino, (hereinafter"City") and (hereinafter "Contractor"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City,and under the conditions expressed in the bond as deposited with the City,Contractor agrees with the City,at his own proper cost and expense to furnish any and all required labor,materials,and transportation as set forth in the Special Provisions to be furnished by City,necessary to complete in good workmanlike and substantial manner the THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF: (SCHEDULE 1,AD 953) - 16TH STREET BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET;AND (SCHEDULE 2,AD 1029)-EAST SIDE OF CALIFORNIA STREET NORTH OF 16TH STREET AND THE NORTH SIDE OF 16TH STREET EAST OF CALIFORNIA STREET WITHIN TRACT NO. 13822;AND in accordance with (2015-16) Special Provisions No. 6177 (SCHEDULE 1, AD 953) and 10598A (SCHEDULE 2,AD 1029), on file in the Office of the City Engineer,3rd Floor,San Bernardino City Hall, and also in accordance with Standard Specifications for Public Works/Construction,current edition,on file in the office of the City Engineer,and the"Landscape Cost Estimating"by Colton,current edition,on file in the office of the Director of Public Works,which said Plans, Special Provisions, Standard Specifications, and Landscape Cost Estimating are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule 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 encountered 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 or 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. The Contractor herein covenants by and for himself or herself,his or her heirs,executors,administrators,and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her,establish or permit any such practice of practices of discrimination or segregation with reference to the selection of subcontractors,vendees,or employees in the performance of this contract. SP-33 3. City 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 as set forth in the successful bid, 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. 4. 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 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. 5.Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: CITY CONTRACTOR Director of Public Works City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 [Signatures to follow on next page] SP-34 AGREEMENT FOR LANDSCAPE MAINTENANCE-AREA "F" IN WITNESS WHEREOF,the parties to these present have hereunto set their hands the year and the date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: BY: AL NJ. PARKER, City Manager City of San Bernardino BY: TITLE: ATTEST: MAILING ADDRESS: GEORGEANN HA H, City Clerk `bar,:3)Qrncxcdiean CA a'2-UrA- PHONE NO: (0104 c10(c Le APPROVED AS TO FORM: GARY D. SAENZ, City Attorney - BY: SP-35 x 9 I Sa brur ino City of San Bernardino Surety Bond Review The attached surety bond sTATE NATIoNAL jNsuRAn cE coMPAN, INc has been reviewed. Landscape Maintenance AD Area*for the Surety Bond — Bond#CDGP102386 Bond Amount$22,477.95 l�The surety company is an admitted company in the State of California ❑The admitted company was verified at www.insurance.ca.gov/docstfs/admifted.htm ❑The surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2015 version 071400 (Bond Ratings : FSC ) Verified by: o- 0 H n sources/Risk Management Date APPROVED AS TO FORM: �s City Attorney Date Company Profile Page 1 of 2 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results STATE NATIONAL INSURANCE COMPANY, INC. Company 1900 L. DON DODSON DRIVE Information BEDFORD, TX 76021 Old Company 800-877'4567 Names Agent for Service Old Company Names Effective Date Reference Information STATE NATIONAL INSURANCE COMPANY INC 12/16/1994 NAIC Group List Lines of Business Agent For Service Workers' NANCY FLORES Compensation 818 WEST SEVENTH STREET Complaint and SUITE 930 Request for LOS ANGELES CA 90017 Action/Appeals Contact Information Financial Statements Reference Information PDF's Annual Statements �NAIC #: 12831 Q a rterly s 1California Company ID #: 4291-1 Company Complaint i Date Authorized in California: 09/28/1995 Company [ Performance & License Status: UNLIMITED-NORMAL Comparison Data Company Type: Property & Casualty Company Enforcement Action State of Domicile: TEXAS Composite ° Complaints Studies Additional Info back to top Find A Company Representative In NAIC Group List Your Area View Financial Disclaimer NAIC Group #: 0093 STATE NAIL GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY MARINE https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 9/8/2015 Bond Number:CDGP102386 State National Insurance Company Administered by: CM(S IA CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: 2456 Kern St. Contractor Managing General Insurance Agency, Inc. San Bernardino,CA 92407 20335 Ventura Blvd. Ste.#426,Woodland Hills, CA 91364 OWNER (Name and Address): City of San Bernardino 300 North"D"Street,Third Floor San Bernardino,CA 92418 CONSTRUCTION CONTRACT Date: Amount: Twenty Two Thousand Four Hundred Seventy Seven and 95/100ths($22,477.95) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1,AD 953 and 1029-Area F BOND Date (Not earlier than Construction Contract Date): AUC3uSt 31 2015 Amount: Twenty Two Thousand Four Hundred Seventy Seven and 95/100ths($22,477.95) Modifications to this Bond: ffNone DSee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) INLAND EMPIRE LANDSC E INC. State National Insurance Company, Inc.Administered By: Con General Insurance Agency, Inc. Signature: ______Sign . — ---------- -- ------------ Name and Titl jof `tboec-rQ QYt6�Cdeivl4 Name and T. ep anie Hope Shear,Attorney-In- act (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave. #450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMGIA-SNIC-016-05112 I The Contractor and the Surety,jointly and severally, soon as practicable after the amount is bind themselves, their heirs, executors, administrators determined tender payment therefore to the successors and assigns to the Owner for the performance Owner; or of the Construction Contract, which is incorporated .2 Deny liability in whole or in part and notify herein by reference. the Owner citing reasons therefore. 2 If the Contractor performs the Construction Contract, 5 If the Surety does not proceed as provided in the Surety and the Contractor shall have no obligation Paragraph 4 with reasonable promptness, the Surety shall under this Bond, except to participate in conferences be deemed to be in default on this Bond fifteen days as provided in Subparagraph 3.1. after receipt of an additional written notice from the 3 If there is no Owner Default, the Surety's obligation Owner to the Surety demanding that the Surety perform under this Bond shall arise after: its obligations under this Bond, and the Owner shall be 31 The Owner has notified the Contractor and the entitle to enforce any remedy available to the Sure at its address described in Paragraph 10 below Owner. If the Surety proceeds as provided in Surety Subparagraph 4.4 and the Owner refuses the payment that the Owner is considering declaring a Contractor tendered or the Surety has denied liability, in whole or Default and has requested and attempted to arrange in part, without further notice the Owner shall be a conference with the Contractor and the Surety to entitled to enforce any remedy available to the owner. be held not later than fifteen days after receipt of such notice to discuss methods of performing the 6 After the owner has terminated the Contractor's right Construction Contract. If the Owner, the Contractor to complete the Construction Contract, and if the Surety and the Surety agree,the Contractor shall be allowed elects to act under Subparagraph 41, 4.2 or 4.3 above, a reasonable time to perform the Construction then the responsibilities of the Surety to the Owner shall Contract, but such an agreement shall not waive the not be greater than those of the Contractor under the Owner's right, if any subsequently to declare a Construction Contract, and the responsibilities of the Contractor Default;and Owner to the Surety shall not be greater than those of 3.2 The Owner has declared a Contractor Default the Owner under the Construction Contract. To the and formally terminated the Contractor's right to limit of the amount of this Bond, but subject to complete the contract. Such Contractor Default shall commitment by the Owner of the Balance of the not be declared earlier than twenty days after the Contract Price to mitigation of costs and damages on Contractor and the Surety have received notice as the Construction Contract the Surety is obligated without provided in Subparagraph 3.1; and duplication for: 3.3 The Owner has agreed to pay the Balance of 6.1 The responsibilities of the Contractor for correc- the Contract Price to the Surety in accordance with on of defective work and completion of the C the terms of the Construction Contract or to a Construction Contract; contractor selected to perform the Construction 6.2 Additional legal design professional and delay Contract in accordance with the terms of the contract costs resulting from the Contractor's Default, and with the Owner. resulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of under Paragraph 4;and Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 41 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction Contract;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to 4.2 Undertake to perform and complete the Con- the Construction Contract, and the Balance of the struction Contract itself, through its agents or through Contract Price shall not be reduced or set off on account independent contractors;or of any such unrelated obligations. No right of action shall 4.3 Obtain bids or negotiated proposals from accrue on this Bond to any person or entity other than qualified contractors acceptable to the Owner for a the Owner or its heirs, executors, administrators or contract for performance and completion of the successors. Construction Contract, arrange for a contract to be g The Surety hereby waives notice of any change, prepared for execution by the Owner and the including changes of time,to the Construction Contract contractor selected with the Owner's concurrence, or to related subcontracts, purchase orders and other to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds obligations issued on the Construction Contract, and pay to the 9 Any proceeding, legal or equitable, under this Owner the amount of damages as described in Bond may be instituted in any court of competent Paragraph 6 in excess of the Balance of the Contract jurisdiction in the location in which the work or Price incurred by the Owner resulting from the part of the work is located and shall be instituted Contractor's default;or within two years after Contractor Default or within two years after the Contractor ceased working or. 4.4 Waive its right to perform and complete, arrange within two years after the Surety refuses or fails for completion, or obtain a new contractor and with to perform its obligations under this Bond, reasonable promptness under the circumstances: whichever occurs first. If the provisions of 1 After investigation, determine the amount for this Paragraph are void or prohibited by law, which it may be liable to the Owner and as the minimum period of limitation avail- 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAX: 866-495-2510 CM G IA-5 N I C-016-05/12 able to sureties as a defense in the jurisdiction the suite been made, including allowance to the Contractor of shall be applicable. nny amounts received or to be received by the Owner 10 Notice to the Surety, the Owner or the Contractor shall in settlement of insurance or other claims for damages be mailed or delivered to the address shown on the signature to which the Contractor is entitled, reduced by all valid page. and proper payments made to or on behalf of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location Construction Contract: The agreement between where the construction was to be performed, any provision in thhe e Owner and the Contractor identified signature page, including all Contract Documents the s and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal Contractor Default: Failure the Contractor, requirement shall be deemed incorporated herein. The which has neither been remedied d nor waived to perform or otherwise to comply with the terms of the intent is that this Bond shall be construed as a statutory Construction Contract bond and not as a common law bond. 12.4 Owner Default: Failure of the Owner which has 12 DEFINITIONS neither been remedied nor waived, to pay the 12.1 Balance of the Contract Price: The total amount Contractor as required by the Construction Contract b the Owner to the Contractor under the or to perform and complete or comply with the other payable Y terms thereof. Construction Contract after all proper adjustments have MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: INLAND EMPIRE LANDSC INC. State National Insurano any,Inc.administered by: on o neral Insurance Agency,Inc. Signature: Slg—n$ Name and Title: /Uex A —VMc-;6CA%�- Name and TV:- i -STephanie Hope Shear,Attorney-In-Fact Address: 2456 Kern St. San Bernardino, CA 92407 Address: 20335 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE: 866-363-2642 FAx: 866-495-2510 CMGIA-SNIC-016-05/12 Bond No: CDGP102386 State National Insurance Company,Inc.Administered by: Premium: $674.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or seroerally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3.000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC.in a signed writing delivered to the foregoing Attomey-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. Terry L.Ledbetter, rest ent Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. ..... 1° DEANA HOWELL a�`tiPPY PyA�� = Notary Public,State of Texas [Notary Stamp] My Commission Expires Signature of Notary January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in Mi force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this 31 st day or August 2015 Trace Ledbetter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �.c�,�r�+c:c �,�r�c- .,4r;���Tr� ;crs �c�ec:c ,�:r cam?,�r,�;r.,�r.;�cr.•.c �-�c.,�- ,�<�e �.s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) SHIRLEY GIGGLES, NOTARY PUBLIC On AUG 31 20 before me, , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. commission# 1987675 a WITNESS my h d and fficial seal. a _ Notary Public-California z a two Los Angeles County my Comm.Expires Sep 7,2016 Signatur signature ota pfic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number:CDGP102386 State National Insurance Company Administered by: CMC 1A CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): INLAND EMPIRE LANDSCAPE INC. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. 2456 Kern St. 20335 Ventura Blvd. Ste.#426,Woodland Hills,CA 91364 San Bernardino,CA 92407 OWNER (Name and Address): City of San Bernardino 300 North"D"St.,Third Floor San Bernardino, CA 92418 CONSTRUCTION CONTRACT Date: Amount: Twenty Two Thousand Four Hundred Seventy Seven and 95/100ths ($22,477.95) Description (Name and Location): Maintenance of Landscaping and Related Facilities in Portions of Schedule 1,AD 953 and 1029-Area F BOND Date (Not earlier than Construction Contract Date): August 31, 2015 Amount: Twenty Two Thousand Four Hundred Seventy Seven and 95/100ths($22,477.95) Modifications to this Bond: ONone dSee Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. State National Insurance Company, Inc.Administered By: Contractor Managing General Insurance Agency, Inc. Signature: Signature: Name and Ti JOG, - — � I— Name and Title:Stephanie Hope Shear,Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Advantage Bonding Insurance Services, Inc. 7177 Brockton Ave.#450 Riverside, CA 92506 (951)289-7227 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMG IA-SN IC-017-05/12 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety ex- successors and assigns to the Owner to pay for labor, pense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant with a copy to the mance of the Construction Contract, which is incorporated Owner, within 45 days after receipt of the claim, stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner, this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 62 Pay or arrange for payment of any undisputed 21 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety' s total obligation shall not exceed the 22 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or g Amounts owed by the Owner to the Contractor under equipment for use in the performance of the Construc- the Construction Contract shall be used for the perfor- tion Contract, provided the Owner has promptly noti- mance of the Construction Contract and to satisfy claims, if fied the Contractor and the Surety (at the address de- any, under any Construction Performance Bond, By the scribed in Paragraph 12) of any claims, demands, liens Contractor furnishing and the Owner accepting this Bond, or suits and tendered defense of such claims, demands, they agree that all funds earned by the Contractor in the liens or suits to the Contractor and the Surety, and performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner' s priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelated this Bond until: to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this,Bond. sent a copy, or notice thereof to the Owner, stating that a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change, includ- stantial accuracy,the amount of the claim_ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 42 Claimants who do not have a direct contract with tions. the Contractor: 11 No suit or action shall be commenced by a Claimant A Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date (1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub equipment included in the claim stating, with paragraph 4.1 or Clause 42 (3), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract, whichever of(1) or(2) first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by 2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor, or not received within as a defense in the jurisdiction of the suit shall be applica- 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety, the Owner or the Contractor shall' the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly, and nature page. Actual receipt of notice by Surety, the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety (at the cient compliance as of the date received at the address address described in Paragraph 12) and sent a shown on the signature page. copy or notice thereof, to the Owner, stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed, any provision in the furnished to the Contractor. Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- s If notice required by Paragraph 4 is given by the Owner forming to such statutory or other legal requirement shall to the Contractor or to the surety, that is sufficient compy- be deemed incorporated herein_ The intent is that this ance. 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 CMGIA-SNIC-017-05112 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. to 15.2 Construction Contract: The agreement between the Owner and the Contractor identified. on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The 15.3 Owner Default: failure of the Owner, which has intent of this Bond shall be to include without limita- neither been remedied nor waived, to pay the Con- tion in the terms "labor, materials or equipment" that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other ter ins telephone service or rental equipment used in the thereof. MOD l ICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any proof of claim requested, the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time shall pay or arrange to pay any undisputed amount. The failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of liability by the Surety; 2) a waiver of any of the Surety's or Contractor's defenses; or 3) a waiver of any other right or basis the Surety or Contractor may have to dispute some or all of the claim. The Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available under this Bond. The term of this bond is only from September 17, 2015 through January 31, 2017. Option renewal years will be approved by the surety company and extended at their sole discretion. Surety will provide a 30 day written notice of cancellation should they choose not to renew the bond for any option years. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) State National Insurance Company,Inc.administered by: CONTRACTOR AS PRINCIPAL SURETY Contractor Managing General Insurance Agency,Inc. Company: (Corporate Seal) Company: (Corporate Seal) Inland Empire Landscape, Inc. Signa'tur Name and ti e JpG��ba �`o�dUr�} Name and ti le Stephanie Hope Shear Address: 24s 9 Kern St.San Bernardino,CA 92407 Address: 2035 Ventura Blvd.Suite 426 Woodland Hills,CA 91364 20335 VENTURA BLVD.,SUITE 426,WOODLAND HILLS,CA 91364 PHONE:866-363-2642 FAX: 866-495-2510 C M G I A-S N I C-017-05712 Bond No: CDGP102386 State National Insurance Company,Inc.Administered by: Premium- $674.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY,INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint Stephanie Hope Shear (individually,jointly,or severally) its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars($3,000,000) and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature,date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC. in a signed writing delivered to the foregoing Attorney-in-Fact. IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 7th day of August,2015. STATE NATIONAL INSURANCE COMPANY,INC. ':w 1-4u�St Terry L.Ledbettert Trace better,Secretary STATE OF TEXAS County of Tarrant On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written. DEANA HOWELL �;•' pq� . Notary Public,State of Texas t [Notary Stamp] �• My Commission Expires Signature of Notary o ni ''` " `` January 07, 2018 I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this31 st day ofAugust 2015 Trace Ledbetter,Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of LOS ANGELES ) On AUG 31 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SHIRLEY GIGGLES is true and correct. ' Commission # 1987675 Z WITNESS hand and official seal. a =a Notary Public -California Z Z '� % Los Angeles County My Comm.Expires Sep i,2016 Si Ilk N Signature to blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 w 0 a s o z c n m j n cz m m o? y z cU o z t ° > w Z Z N � v s Y � o. O Cn O n °Ozv3m z z m . � PS" - Z m n ,�3 H N. C) 07 n o T° < a W Ql CJ N 3 m�n ri) � r z f A N T� cr a. m�5 Z 6 N t J cn z • N �; n° a e w r Z 0z n • d° AT �Q • o - 6 C EL IN Et a $$ s i g —i co Lnn D n m C r n m a m o z Z 00 ? o c > 0 z 0 m ' cmi M o p o o w p o 0 0 0 z w 0