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HomeMy WebLinkAbout34- Purchasing CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fmni: Dean R. Meech, Purchasing Agent Subject: Landscape Maintenance Contract For Seventeen Locations L., .. Purchasing Date: June 21, 1993 Bid: F-94-01 Synopsis of Previous Council action: July 19, 1993 -- The City Attorney was directed to prepare a contract authorizing Golden West Landscape to provide landscape maintenance for 17 locations. i Recommended motion: Adont Resolution I R Signatu e Contact person: Dean R. Meech, Purchasing Agent Phone: 384-5085 Supporting data attached: Yes —Ward: N/A FUNDING REQUIREMENTS: Amount: $41,388.00 Source: Acct. No. 001-382-53150 (Acct Description) Professional Co ractual Services Finance: C I Notes: Agenda Item Nc — 75.0262 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT F-94-01 The proposed purchase is for landscape maintenance contract for seventeen (17) locations throughout the City to be utilized in daily operations by the Parks, Recreation and Community Services Department. At the request of the department, appropriate specifications were prepared, published and furnished to area suppliers. Bids were publicly opened and declared on March 25, 1993 . The following is a summary of bids received. COMPANY TOTAL BID (INCLUDING TAX) Hopkins Enterprises No Bid PCL Landscape Contractors No Bid L Barrios $53,736. 00 M & E Landscaping Inc 83 , 160. 00 *Golden West Landscape Contractor 41,388.00 Excel Landscape 61, 032. 00 Mentone Turf Supply 66, 000.00 Thirty-four (34) suppliers of this service were solicited. Purchasing received seven (7) bids. Two (2) bids were "No Bid" and five (5) were valid bids. Specifications as bid have been reviewed with the Superintendent of Parks who concurs that the bid of Golden West Landscaping Contractor meets specifications and requirements. It is therefore recommended that the bid be accepted for contract. The equipment funding is in the 1993/94 budget. ACCOUNT NUMBER: 001-382-53150 TOTAL AMOUNT: $41,388. 00 1 Dean R. Meech, Ed Yel on, Purchasing Agent Superintendent of Parks �c_n�aa 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR 3 . FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICES FOR SEVENTEEN ( 17 ) LOCATIONS PURSUANT TO BID SPECIFICATION NO. F-94- 4 01 . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 6 SECTION 1 . The Mayor is hereby authorized and directed to 7 execute of behalf of said City an Agreement with Golden West 8 Landscape Contractor for the furnishing and delivery of annual 9 maintenance services for seventeen ( 17 ) locations, for a total 10 cost of $41 , 388 . 00 , in accordance with Bid Specification No. F-94- 11 01, a copy of which is attached hereto and incorporated herein, 12 marked Exhibit "A. " 13 SECTION 2 . Any monies paid to Golden West Landscape 14 Contractor for the month of July, 1993 pursuant to City of San 15 Bernardino Resolution No. 93-257 shall constitute a credit against 16 the above-referenced Agreement. 17 SECTION 3 . The authorization to execute the above- 18 referenced agreement is rescinded if the parties to the agreement 19 fail to execute it within sixty ( 60) days of the passage of this 20 resolution. 21 22 23 24 25 26 27 28 1 i 1i RESOLUTION AUTHORIZING THE EXECUTION OF AN A31= MENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE FURNISHING AND DELIVERY OF 2 ANNUAL MAINTENANCE SERVICES FOR SEVENTEEN ( 17 ) LOCATIONS PURSUANT TO BID SPECIFICATION NO. F-94-01 . 3 -- 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of 6 San Bernardino at a meeting thereof, held on the 7 _ day of , 1993, by the following vote, to wit: 8 Council Members : AYES NAYS ABSTAIN ABSENT NEGRETE 10 CURLIN 11 HERNANDEZ _ 12 OBERHELMAN 13 OFFICE VACANT 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of , 1993 . 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F . PENMAN, City Attorney 25 26 By: 27 28 2 it 1 AGREEMENT 2 This AGREEMENT is made and entered into by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter 3 . called "CITY, " and GOLDEN WEST LANDSCAPE CONTRACTOR, hereinafter called "GOLDEN WEST. " CITY and GOLDEN WEST agree as follows : 5 1 . GOLDEN WEST shall provide to the CITY landscape 6 maintenance services for seventeen ( 17 ) locations as specified in and in accordance with the General and Technical Specifications 7 for Bid Specification No. F-94-01, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A, " $ (hereinafter referred to as the "Specifications" ) . 9 2 . CITY shall pay to GOLDEN WEST the total sum of Forty- one-thousand-three-hundred-eighty-eight Dollars ( $41 , 388 . 00) in 10 accordance with the terms of the Specifications . 11 3 . The term of this Agreement is for one year, from July 1, 1993, through June 30, 1994, and may, at the CITY' s option, be 12 renewed under the same terms and conditions for two (2 ) additional one-year periods, in accordance with the terms of the 13 Specifications . 14 4 • It is understood and agreed by the parties that the Mayor and Common Council of City have directed that a purchase 15 order be issued to secure services under this Agreement for the month of July, 1993, only, pending execution of this Agreement. 16 Any payment which has been made by CITY to GOLDEN WEST under such ' purchase order shall constitute a credit against any amounts owed 17 under this Agreement. 18 IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 1993 . 19 GOLDEN WEST LANDSCAPE CONTRACTOR CITY OF SAN BERNARDINO 20 21 Narciso 0. Valdovinos, Owner Tom Minor, Mayor 22 Approved as to form ATTEST: 23 and legal content: 24 JAMES F. PENMAN, City Attorney Rachel Clark, City Clerk 25 _00�_de"n . 1_�,_ry 26 BY: 27 28 1 GENERAL AND TECHNICAL SPECIFICATIONS SPECIFICATION NU. i-94-01 nROVISTAKI OF Professional Scrvices SERVICES FOR Annual Landscape Maintenance Contract for 17 locations THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE TO BIDDERS IT IS NOT THE INTENT OF CITY TO RULE OUT OR ELIMINATE ANY PROSPECTIVE BIDDER OR PROVIDER OF SERVICES. IF THE SERVICE YOU INTEND TO BID DOES NOT COMPLY WITH THE SPECIFICATIONS AS WRITTEN, YOU ARE INSTRUCTED TO ATTACH TO YOUR BID PROPOSAL A COMPLETE ITEMIZATION AND EXPLANATION. THE CITY OF SAN BERNARDINO MAY, AT ITS OWN DISCRETION, CONSIDER OR DENY ANY DEVIATION AND ACCEPT THE OFFER WHICH BEST SUITS ITS INTENDED USAGE. IT IS THE INTENT OF THESE SPECIFICATIONS TO COVER THE PROVISION TO THE CITY OF SAN BERNARDINO OF COMPLETE SERVICES AS HEREINAFTER MENTIONED WITH A VIEW TO OBTAINING THE BEST RESULTS AND THE MOST ACCEPTABLE SER- VICE. THESE SPECIFICATIONS COVER GENERAL REQUIREMENTS AS TO THE TYPE OF SERVICES, TOGETHER WITH CERTAIN TECHNICAL DETAILS WITH 4-WHICH THINSUCCESS- FUL BIDDER MUST CONFORM, AND SPECIFICATION N0. BOTH THE GENERAL AND TECHNICAL SPECIFICATIONS SET FORTH. -1- Svc Exhibit A 8-10-89 A FICATION NO. F-94-01 GENERAL SPECIFICATIONS 1. MINIMUM REQUIREMENTS EACH BID SHALL BE IN ACCORDANCE WITH SPECIFICATION NO. F-9a-ni ALL SPECIFICATIONS ARE MINIMUM. BIDDERS ARE EXPECTED O MLET OR EXCEED THESE SPECIFICATIONS AS WRITTEN, AND BIDDER SHALL ATTACH TO BID PROPOSAL A COMPLETE DETAILED ITEMIZATION AND EXPLANATION OF SERVICES OFFERED, INCLUDING EACH AND EVERY DEVIATION OR VARIATION FROM THESE SPECIFICATIONS. CONDITIONAL BIDS, OR THOSE WHICH TAKE EXCEPTION TO THE SPECIFICATIONS, MAY BE CONSIDERED NONRESPONSIVE AND MAY BE RFJFCTED. 2. ACCEPTANCE OF BIDS THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS AND TO AWARD A CONTRACT TO THE BIDDER WHO BEST MEETS CITY REQUIREMENTS. THIS MAY INCLUDE WAIVER OF MINOR IRREGULARITIES OR DISCREPANCIES OR NONCONFORMITY TO SPECIFICATIONS IN APPROPRIATE CIRCUMSTANCES. ACCEPTANCE SHALL BE ON A BEST BUY BASIS AFTER DUE CONSIDERATION OF ALL RELEVANT FACTORS. 3. QUANTITY DEVIATION THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO DEVIATE AS TO QUANTITY OF SERVICES SPECIFIED. SHOULD CHANGES AFFECT THE COST OF, OR THE TIME REQUIRED FOR PERFORMANCE OF THE SERVICES, AND EQUITABLE ADJUSTMENT IN THE PRICE OR DELIVERY OR BOTH SHALL BE MADE. 4. FIRM OFFER BIDS SHALL BE FIRM OFFERS, SUBJECT OT ACCEPTANCE OR REJECTION WITHIN Sixty, ( 60) DAYS OF THE OPENING THEREOF. 5. REPUTABLE BIDDERS NO BIDDER SHALL BE ACCEPTABLE WHO IS NOT A REPUTABLE PROVIDER OF SERVICES AS SUBMITTED FOR BID CONSIDERATION. 6. INSPECTION AND ACCEPTANCE OF SERVICES THE SERVICES FURNISHED SHALL BE EXACTLY AS SPECIFIED IN THESE SPECIFICATIONS, FREE FROM ALL DEFECTS IN BIDDER"S PERFORMANCE, AND EXCEPT AS OTHERWISE PROVIDED IN THESE SPECIFICATIONS, SHALL BE SUBJECT TO INSPECTION AND TEST BY THE CITY AT ALL TIMES AND PLACES. IF, PRIOR TO FINAL ACCEPTANCE, ANY SERVICES ARE FOUND TO BE INCOMPLETE OR NOT AS SPECIFIED, THE CITY MAY REJECT THEM, REQUIRE BIDDER TO CORRECT THEM WITHOUT CHARGE, OR REQUIRE DELIVERY OF SERVICES AT A REDUCTION IN PRICE WHICH IS EQUITABLE UNDER THE CIRCUMSTANCES. IF THE BIDDER IS UNABLE OR REFUSES TO CORRECT SUCH ITEMS WITHIN A TIME DEEMED REASONABLE BY THE CITY, THE CITY MAY UNILATERALLY TERMINATE THE AGREEMENT WITH THE SUCCESSFUL BIDDER IN WHOLE OR IN PART. IN SUCH A -2- Svc R1 1-10-91 '7CIFICATION NO. F-94-01 CASE, BIDDER SHALL REIMBURSE CITY FOR ALL TRANSPORTATION COSTS, OTHER_ RELATED COSTS INCURRED, OR PAYMENTS TO BUYER IN ACCORDANCE WITH THE TERMS OF THESE SPECIFICATIONS FOR UNACCEPTED SERVICES. NOTWITHSTANDING FINAL ACCEPTANCE AND PAYMENT, BIUUER SHALL BE LIABLE FOR LATENT DEFECTS O" I RAUD. 7. PATENTED PROCESS BIDDER SHALL DEFEND ANY AND ALL SUITS AND ASSUME ALL LIABILITY FOR ANY AND ALL CLAIMS MADE AGAINST THE CITY OF SAN BERNARDINO, OR ANY OF ITS OFFICIALS OR AGENTS FOR THE USE OF ANY PATENTED PROCESS, DEVICE OR ART- ICLE CONNECTED WITH THE SERVICES TO BE FURNISHED. 8. SERVICE PROVISION DATE - TIME OF ESSENCE EACH BIDDER SHALL STATE IN HIS OR HER BID PROPOSAL THE GUARANTEED DATE OF PROVISION OF SERVICES IN NUMBER OF CALENDAR DAYS FROM THE DATE OF ENTRY INTO AGREEMENT WITH CITY. TIME IS OF THE ESSENCE IN PERFORMANCE OF SPECIFIED SERVICES. 9. PAYMENT CITY SHALL MAKE PAYMENT BY CHECK WITHIN THIRTY (30) DAYS AFTER COMPLETION OF DELIVERY OF THE SERVICES AND RECEIPT OF BIDDER' S PRICE INVOICE. 10. SAFETY REGULATIONS ANY ITEMS AND ALL WORK WHICH THE BIDDER PROPOSES TO FURNISH TO THE CITY OF SAN BERNARDINO MUST COMPLY IN ALL RESPECTS WITH ALL APPLICABLE SAFETY REGULATIONS OF ALL REGULATORY COMMISSIONS OF THE FEDERAL GOVERNMENT AND THE STATE OF CALIFORNIA. 11. LIABILITY FOR MATERIALS FURNISHED BY CITY BIDDER ASSUMES COMPLETE LIABILITY FOR ANY MATERIALS FURNISHED BY CITY TO BIDDER IN CONNECTION WITH ANY RESULTANT ORDER AND BIDDER AGREES TO PAY FOR ALL SUCH MATERIAL DAMAGED BY IT OR NOT OTHERWISE ACCOUNTED FOR TO CITY' S SATISFACTION. 12. INDEPENDENT CONTRACTOR RELATIONSHIP OF THE BIDDER TO THE CITY SHALL BE THAT OF AN INDEPENDENT CONTRACTOR. 13. INDEMNIFICATION AND CLEAN-UP IF BIDDER'S WORK UNDER THIS BID INVOLVES PERFORMANCE BY BIDDER AT CITY' S SITES OR FACILITIES, THE FOLLOWING PROVISIONS SHALL APPLY: A. LIENS. BIDDER AGREES TO: ( 1) INDEMNIFY AND HOLD HARMLESS CITY FROM ALL CLAIMS, DEMANDS, -3- Svc R1 8-10-89 jeECIFICATION NO. F-94-01 ;;Ai1S.ES OIL ACTION OR SUITS, OF WHATEVER NATURE, ARISING OUT OF THE SERVICES FURNISHED BY BIDDER OR HIS OR HER SUBCONTRACTORS UNucR THIS ORDER, AND FROM ALL LABORERS' , MATERIAL PROVIDERS' A";D MCrU KIT PC I LIENS UPON THE REAL PROPERTY UPON WHICH THE WORK 15 LOCATED OR ANY OTHER PROPERTY OF THE CITY. (2) PROMPTLY NOTIFY CITY, IN WRITING, OF ANY SUCH CLAIMS, DE- MANDS, CAUSES OF ACTION, OR SUITS BROUGHT TO HIS OR HER ATTENT- ION. BIDDER SHALL FORWARD WITH SUCH NOTIFICATION COPIES OF ALL PERTINENT PAPERS RECEIVED BY BIDDER WITH RESPECT TO THE SAME AND, AT THE REQUEST OF CITY, SHALL DO ALL THINGS AND EXECUTE AND DELIVER ALL APPROPRIATE DOCUMENTS AND ASSIGNMENTS IN FAVOR OF CITY OF. ALL BIDDER'S RIGHTS AND CLAIMS GROWING OUT OF SUCH ASSERTED CLAIMS AS WILL ENABLE CITY TO PROTECT ITS INTEREST. B. CLEANING UP BIDDER SHALL AT ALL TIMES KEEP CITY' S PREMISES WHERE THE WORK IS PERFORM- ED AND ADJOINING PREMISES FREE FROM ACCUMULATIONS OF WASTE MATERIAL OR RUBBISH CAUSED BY HIS OR HER EMPLOYEES OR SUBCONTRACTORS, AND AT THE COMPLETION OF THE WORK, SHALL LEAVE THE WORK "BROOM CLEAN" OR AS MORE EXACTLY SPECIFIED. 14. PERMITS AND LICENSES BIDDER AGREES TO PROCURE ALL NECESSARY PERMITS OR LICENSES AND ABIDE BY ALL. APPLICABLE LAWS, REGULATIONS, AND ORDINANCES OF THE UNITED STATES AND OF THE STATE, COUNTY AND CITY IN WHICH THE WORK UNDER THIS ORDER IS PERFORMED. BIDDER SHALL BE LIABLE FOR ALL DAMAGES AND SHALL INDEMNIFY AND SAVE CITY HARMLESS FROM AND AGAINST ALL DAMAGES AND LIABILITY WHICH MAY ARISE OUT OF THE FAILURE OF THE BIDDER TO SECURE AND PAY FOR ANY SUCH LICENSES OR PERMITS OR TO COMPLY FULLY WITH ANY AND ALL APPLICABLE LAWS, ORDINANCES, AND REGULATIONS. 15. DAMAGES BY SUBMITTING A BID, EACH BIDDER AGREES THAT IN THE EVENT SERVICES ARE NOT FULLY RENDERED WITHIN THE TIME OR TIMES SET FORTH PURSUANT TO THIS SPECIFICATION, DAMAGE WILL BE SUSTAINED BY THE CITY, AND THAT IT IS AND WILL BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ASCERTAIN AND DETER- MINE THE ACTUAL :DATIAGE. WHICH THE CITY WILL SUSTAIN IN THE EVENT OF AND BY REASON OF SUtN bEUY'. :'THEREFORE, IT IS AGREED THE SUCCESSFUL BIDDER SHALL PAY TO THE CIV.AS FIXED AND LIQUIDATED DAMAGES, AND NOT AS A PENALTY, A DOLLAR SUM If4._,THE AMOUNT"OF $ N/A DOLLARS PER CALENDAR DAY FOR EACH AND,,fVE-RY_CALENDAR DAY'S DELAY IN RENDERING SERVICES IN EXCESS OF THE TIME %- TIMES'SFECTFLED. ANY BIDDER BELIEVING LIQUIDATED DAMAGES SHOULD BE IN A LEgSER._AMOUNT MA�_�O SPECIFY AS AN ALTERNATE BID, WHICH THE CITY MAY ACCEPT-ORi-RFr_J­EC.T.� , # Ky DAMAGES SO INCURRED MAY BE DEDUCTED BY THE CITY FROM THE-:I_ D ,Ut4N RICE AT TIME OF PAYMENT. IN THE EVENT THE SUCCESSFUL BIDDER FkI J� EIDEA SERVICES AS SPECIFIED, BID AND AWARDED, WITHIN TEN CALENDAR DMA SPECIFIED -4- `ECIFICATION NO. F-94-01 CONTRACT DELIVERY DATE, THE CITY SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT WITHOUT BEING LIABLE TO THE CONTRACTOR AND ACQUIRE SAID ALTERNATE SERVICES AS THE CIYY DEEMS APPROPRIATE. UPON SUCH TERMINAT- ION, CITY SHALL BE UNDER NO FURTHER OBLIGATION TO BIDDER. 16. TERMINATION CITY SHALL HAVE THE RIGHT TO TERMINATE THE WHOLE OR ANY PART OF ANY AGREEMENT WITH BIDDER FOR ANY REASON BY GIVING THIRTY DAYS ADVANCE WRITTEN NOTICE TO BIDDER. 17 . DELAY BEYOND CONTROL OF BIDDER IN CASE THE PERFORMANCE OF SERVICES UNDER THIS CONTRACT IS DELAYED DUE TO STRIKES, INJUNCTIONS, GOVERNMENT CONTROLS, OR BY REASON OF ANY CAUSE OR CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTRACTOR, THE TIME FOR DELIVE:R.Y MAY BE EXTENDED (IN CITY'S SOLE DISCRETION) BY A NUMBER OF DAYS TO BE DETERMINED IN EACH INSTANCE BY MUTUAL WRITTEN AGREEMENT BETWEEN THE SUCCESSFUL BIDDER AND THE PURCHASING AGENT OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA. CITY SHALL NOT UNREASONABLY REFUSE SUCH EXTENSION. 18. ACCEPTANCE OF BID CONSTITUTES CONTRACT EACH BID WILL BE SUBMITTED AND RECEIVED WITH THE UNDERSTANDING THAT THE ACCEPTANCE BY THE CITY OF SAN BERNARDINO OF THE BID TO RENDER SPECIFIED SERVICES DESCRIBED HEREIN SHALL CONSTITUTE A CONTRACT BETWEEN THE SUCCESS- FUL BIDDER AND THE CITY WHICH SHALL BIND THE SUCCESSFUL BIDDER ON HIS OR HER PART TO PROVIDE SERVICES AT THE PRICE (BID) GIVEN AND IN ACCORDANCE WITH PROVISIONS OF SPECIFICATION NO. F-94-01. 19. PROHIBITED INTEREST NO MEMBER, OFFICER, OR EMPLOYEE OF THE CITY OR OF ANY AGENCY OF CITY DURING HIS OR HER TENURE OR FOR ONE YEAR THEREAFTER SHALL HAVE ANY INTEREST, DIRECT OR INDIRECT IN THIS CONTRACT OR THE PROCEEDS THEREOF. FURTHERMORE, THE PARTIES HERETO CONVENANT AND AGREE THAT TO THEIR KNOWLEDGE NO BOARD MEMBER, OFFICER, OR EMPLOYEE OF THE CITY HAS ANY INTEREST, WHETHER CONTRACT- UAL, NONCONTRACTUAL, FINANCIAL OR OTHERWISE, IN THIS TRANSACTION, OR IN THE BUSINESS OF THE CONTRACTING PARTY OTHER THAN THE CITY, AND THAT IF ANY SUCH INTEREST COMES TO THE KNOWLEDGE OF EITHER PARTY AT ANY TIME, A FULL AND COMPLETE DISCLOSURE OF ALL SUCH INFORMATION WILL BE MADE IN WRITING TO THE OTHER PARTY OR PARTIES, EVEN IF SUCH INTEREST WOULD NOT BE CONSIDERED A CONFLICT OF INTEREST UNDER ARTICLE 4 (COMMENCING WITH SECTION 1090) OR ARTICLE 4.6 (COMMENCING WITH SECTION 1120) OF DIVISION 4 OF TITLE I OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 20. INTEGRATION OF DOCUMENTS THESE SPECIFICATIONS, THE NOTICE INVITING BIDS, THE CONTRACTOR'S BID PROPOSAL, ANY WRITTEN AGREEMENT EXECUTED BY THE PARTIES, ALL DOCUMENTS -5- R1 8-10-89 Svc ECIFICATION NO. F-94-01 REFERRED TO IN THE COMPLETE SPECIFICATIONS AND ALL MODIFICATIONS OF SAID DOCUMENTS SHALL BE CONSTRUED TOGETHER AS ONE DOCUMENT. ANYTHING CALLED FOR IN ANY ONE OF SAID DOCUMENTS SHALL BE DEEMED TO BE REQUIRED EQUALLY AS IF CALLED FOR IN ALL. ANYTHING NECESSARY TO COMPLETE THE WORK PROPERLY SHALL BER PERFORMED GUY THE CONTRACTOR, WHETHER SPECIFICALLY SET OUT IN THE CONTRACT OR NOT. ALL SECTIONS OF THE SPECIFICATIONS SHALL BE READ AND INTERPRETED AS CONSTITUTING A WHOLE AND NOT AS AN AGGREGATION OF INDIVIDUAL PARTS, AND WHATEVER IS SPECIFIED IN ONE SECT- ION SHALL BE CONSTRUED AS APPLYING TO ALL SECTIONS. 21. PROMPT PAYMENT DISCOUNT EACH BIDDER MAY STIPULATE IN HIS OR HER BID PROPOSAL A PERCENTAGE PROMPT PAYMENT DISCOUNT TO BE TAKEN BY THE CITY IN THE EVENT CITY MAKES PAYMENT TO BIDDER WITHIN THE PROMPT PAYMENT TERMS OFFERED AND IN RECEIPT OF COMPLETION OF SERVICES AND APPROVAL OF INVOICE. FOR THE PURPOSE OF THIS PROVISION, PAYMENT IS DEEMED TO BE MADE ON THE DATE OF MAILING OF THE CITY CHECK. 22. 'INQUIRIES REFER ALL INQUIRIES REGARDING THIS BID TO Dean R. Meech, Purchasing Agent (714) 384-5085. 23. FORM OF BID NO BID WILL BE ACCEPTABLE UNLESS IT IS MADE ON THE PROPOSAL FORM FURNISHED BY THE CITY HEREIN. DELIVER ALL BIDS, SIGNED AND SEALED, TO THE OFFICE OF THE PURCHASING AGENT, 250 WEST CLUSTER STREET, SAN BERNARDINO, CALIF- ORNIA 92408 WITH THE SPECIFICATION TITLE AND NUMBER CLEARLY MARKED ON THE OUTSIDE OF THE ENVELOPE. ALL BIDS MUST BE RECEIVED IN THE OFFICE OF THE: PURCHASING AGENT BY 10:00 A.M. Tuesday, May 25, 1993 WHERE AT SAID PLACE AND TIME SAID BIDS WILL BE PUBLICLY OPENED, EXAMINED AND DECLARED. ANY BID MAY BE WITHDRAWN PRIOR TO THE ABOVE SCHEDULED TIME FOR THE OPENING OF BIDS. ANY BID RECEIVED AFTER THE TIME AND DATE SPECIFIED SHALL NOT BE CONSIDERED. 24. SEPARATE CONTRACTS THE CITY OF SAN BERNARDINO RESERVES THE RIGHT AT ITS OWN DISCRETION TO AWARD SEPARATE CONTRACTS FOR EACH CATEGORY OR AWARD ONE CONTRACT FOR RENDERING OF ALL SERVICES IN ALL CATEGORIES. 25. ASSIGNMENT OF INTEREST IN SUBMITTING A BID TO A PUBLIC PURCHASING BODY, THE BIDDER OFFERS AND AGREES THAT IF THE BID IS ACCEPTED, IT WILL ASSIGN TO THE PURCHASING BODY ALL RIGHTS, TITLE, AND INTEREST IN AND TO ALL CAUSES OF ACTION IT MAY HAVE UNDER SECTION 4 OF THE CLAYTON ACT (U.S.C. SEC. 15) OR UNDER THE CARTWRIGHT ACT (CHAPER 2, COMMENCING WITH SECTION 16700, OF PART 2 OF DIVISION 7 OF THE BUSINESS AND PROFESSIONS CODE) , ARISING FROM PROVISION OF SERVICES BY THE BIDDER TO THE CITY PURSUANT TO THE BID. -6- Svc R1 8-10-89 SPELL ;ATION NO. F-94-01 SUCH ASSIGNMENT SHALL BE MADE AND BECOME EFFECTIVE AT THE TIME THE CITY TENDERS FINAL PAYMENT TO THE BIDDER. 26. BID BOND NO BID WILL BE ACCEPTED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE CITY. ALL BIDS OR PROPOSALS SHALL BE SIGNED, SEALED AND ACCOMPANIED BY A CASHIER"S CHECK, CASH, CERTIFIED CHECK OR BID BOND MADE PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF AT LEAST TEN PERCENT (10%) OF THE TOTAL BID. SUCH SECURITY SHALL BE APPLIED TO OR BE REMITTED TO THE CITY OF SAN BERNARDINO, AS LIQUIDATED DAMAGES, SHOULD THE BIDDER TO WHOM THE CONTRACT IS AWARDED FAIL TO ENTER INTO THE CONTRACT. 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. 27. FAITHFUL PERFORMANCE BOND THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO FURNISH A CASHIER'S CHECK, CASH, CERTIFIED CHECK OR FAITHFUL PERFORMANCE BOND MADE PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF FIFTY ( 50 %) OF THE TOTAL BID TO INSURE THE CONTRACTOR'S FAITHFUL PERFORMANCE—OF THE CONTRACT. SAID SURETY SHALL BE SUBJECT TO THE APPROVAL OF THE CITY OF SAN BERNARDINO, BONDS SHALL BE IN ACCORDANCE WITH CHAPTER 2.66 OF THE SAN BERNARDINO MUNICIPAL CODE AND THE CORPORATION ISSUING SAID BOND SHALL HAVE A RATTING IN BEST'S MOST RECENT INSURANCE GUIDE OF "A" OR BETTER. 28. INSURANCE BIDDER AGREES TO PROCURE AND MAINTAIN IN FORCE DURING THE TERM OF ANY AGREEMENT RESULTING FROM ITS BID, AT HIS OR HER EXPENSE, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE IN COMPANIES AND THROUGH BROKERS APPROVED BY THE CITY, ADEQUATE TO PROTECT AGAINST LIABILITY FROM DAMAGE CLAIMS ARISING OUT OF BIDDER"S OPERATIONS IN A MINIMUM AMOUNT OF $ 1,000,000.00 liability combined single limit and 30 days notice of cancellation. BIDDER SHALL PROVIDE THE CITY'S RISK MANAGEMENT DIVISION A CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT WHICH PROVIDES: A. CITY OF SAN BERNARDINO IS AN ADDITIONAL INSURED. B. THE INSURANCE COMPANY NAME, POLICY NUMBER, PERIOD OF COVERAGE AND AMOUNT OF INSURANCE. C. THAT THE CITY CLERK OF THE CITY OF SAN BERNARDINO MUST BE GIVEN NOTICE IN WRITING AT LEAST THIRTY DAYS PRIOR TO CANCEL- LATION, MATERIAL CHANGE, OR REFUSAL TO RENEW THE POLICY. D. THAT BIDDER'S INSURANCE WILL BE PRIMARY TO ANY COVERAGE THE CITY OF SAN BERNARINO MAY HAVE IN EFFECT. -7- Svc R1 8-10-89 VENDORS NOTE ON ALL CERTIFICATES OF INSURANCE THE ISSUENCE OF POLICIES WITH RESPECT TO THE COVERAGE MUST, AND I INSIST, MUST CONVEY, RELATE, IDENTIFY THE PARTICULAR OFFERING OF REQUEST TO THIS MATTER. THE SPECIFIC BID NUMBER OR LETTER REQUEST DATE MUST TIE THE DOCUMENT TO THE RESPONSE. WITHOUT THIS CONNECTION THE CERTIFICATE HAS NO MEANING AND UNLESS THE CONFIRMATION IS OBVIOIUS THE BID REQUIREMENT WILL BE CONSIDERED NON-RESPONSE. I JOB WALK SCHEDULE BID SPEC: F-94-01 DESCRIPTION OF JOB: ANNUAL LANDSCAPE MAINTENANCE CONTRACT FOR 17 LOCATIONS DATE: May 12, 1993 TIME: 9:00 LOCATION OF JOB WALK:— Parks Department: 547 North Sierra way, San Bernardino, CA THE FOLLOWING INDIVIDUALS WILL ATTEND THE JOB WALK Dean Meech, Purchasing Agent PURCHASING (714) 383-5085 NAME OF INDIVIDUAL DEPARTMENT NAME PHONE NUMBER Parks Department 384-5130 NAME OF INDIVIDUAL DEPARTMENT NAME PHONE NUMBER NAME OF INDIVIDUAL DEPARTMENT NAME PHONE NUMBER VENDORS NOTE: ALL VENDORS WHO INTEND TO BID ON THIS PROJECT MUST ATTEND THE JOB WALK SCHEDULE LISTED ABOVE BIDS THAT DO NOT COMPLY WITH THIS REQUIREMENT WILL BE REJECTED WITHOUT CONSIDERATION FROM THE PURCHASING DEPARTMENT PAGE 1 OF 16 F-94-01 BID SPEC: TECHNICAL SPECIFICATIONS ATTACHED CONSISTS OF 16 PAGES CONFORMING SPECIFICATIONS APPROVED BY: SERVICES 71 ANNIE RAMOS DIRECTOR OF PARRS RECREATION & COMMUNITY DEPARTMENT HEAD - TYPE NAME & PLEASE SIGN ON ABOVE LINE DATE OF APPROVAL BY DEPARTMENT HEAD THIS SERVICE HAS BEEN REQUESTED BY THE PARRS REC. & COM. SRVC. DEPT. ANNUAL LANDSCAPE MAINTENANCE APPLICATION: CONTRACT FOR THE 17 LOCATIONS VENDORS NOTE: SPECIAL INSTRUCTION IF YOUR COMPANY DECIDES TO "NO BID" THIS BID PKG. "SPECIAL INSTRUCTIONS" ARE LOCATED AT THE BOTTOM OF BID PACKAGE AND THEY MUST BE COMPLETED AND RETURNED TO THE PURCHASING DEPARTMENT PROMPTLY. PAGE 2 OF 16 CITY OF SAN BERNARDI::O TECHNICAL SPECIFICATIONS BID ap$^,ItICATION NO. F-94-01 MAINTENANCE OF LANDSCAPE L IRRIGATION FOR 17 VARIOUS LOCATIONS ITEM DESCRIPTION NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID. TERMS OF CONTRACT: THE ANNUAL LANDSCAPE MAINTENANCE CONTRACT WILL BE FOR A ONE YEAR PERIOD BEGINNING JULY 1, 1993 AND ENDING JUNE 30, 1994 . THIS CONTRACT SHALL NOT BIND NOR PURPORT TO BIND THE CITY OF SAN BERNARDINO FOR ANY CONTRACTUAL _ COMMITMENT IN EXCESS OF THE ORIGINAL CONTRACT PERIOD. THE CITY SHALL HAVE THE RIGHT, AT ITS SOLE OPTION, TO RENEW THE CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. IN THE EVENT THE CITY EXERCISES ITS OPTIONS, ALL TERMS, CONDITIONS AND PROVISIONS OF THE ORIGINAL CONTRACT SHALL REMAIN THE SAME AND APPLY DURING THE EXTENSION PERIOD. TIME OF COMPLETION: THE CONTRACTOR SHALL DILIGENTLY PROSECUTE THE WORK I FOR THE TERM OF THE CONTRACT. I f I I PAGE 3 OF if PAYMENT OF WAGE RATE: _ i THE CONTRACTOR WILL BE REQUIRED TO ADHERE TO THE --- STATE DEPARTMENT OF INDUSTRIAL RELATIONS FOR PAYMENT OF PER DIEM WAGES FOR EACH WORKMAN NEEDED A IN EXECUTION OF THIS CONTRACT. THE MINIMUM WAGE g1lALT BE THAT WHICH IS DETERMINED BY THE STATE - DEPARTMENT OF INDUSTRIAL RELATIONS. THE CITY SHALL HAVE THE RIGHT TO INTERVIEW ANY WORKMAN ON THE PROJECT SITE IN ORDER TO VERIFY PAYMENT OF SAID WAGES. SOUND CONTROL EQUIPMENT: THE CONTRACTOR SHALL COMPLY WITH CHAPTER 8. 54 OF J\ c-C_ THE CITY OF SAN REGULATING AND PROHIBITING GLOUD, UN L NECESSARY AND R EXCESSIVE NOISES. i EACH INTERNAL COMBUSTION ENGINE, USED FOR ANY PURPOSES ON THE JOB OR RELATED TO THE JOB, SHALL BE i EQUIPPED WITH A MUFFLER OR A TYPE RECOMMENDED BY THE MANUFACTURER. NO INTERNAL COMBUSTION ENGINE SHALL BE OPERATED ON THE PROJECT WITHOUT SAID I 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 REQUIREMENTS SHALL APPLY TO ALL EQUIPMENT ON THE JOB OR RELATED TO THE JOB, INCLUDING BUT NOT LIMITED TO TRUCKS, MOWERS , WEED EATERS, BLOWERS AND EDGERS. THE USE OF LOUD SOUND SIGNALS SHALL BE AVOIDED BY FAVOR SAFETYF LAWS FOR ITHE ` EXCEPT THOSE REQUIRED PROTECTION OF PERSONNEL. --- - - - - - PAYMENTS: PAYMENT WILL BE MADE TO THE CONTRACTOR ON OR ABOUT THE 15TH DAY OF EACH CONSECUTIVE MONTH DURING THE TERM OF THE NUMBER OF MONTHS ENCOMPASSED BY THE j CONTRACT TERM. THE FIRST PAYMENT MAY BE PRO-RATED 4 IN ACCORDANCE WITH THE ACTUAL PORTION OF THE MONTH WORKED. THE REQUEST PAYMENT COORDINATOR AT HAND i DELIVERED TO THE PR OJECTS MONTHLY EVALUATION MEETINGS. ANY REQUIRED MAINTENANCE, WHICH IS NOT PERFORMED AT ITS REQUIRED INTERVAL, SHALL RESULT DETERMINED N A REDUCTION TION ; IN THAT MONTHS COMPENSATION THE ACREAGE INVOLVED MULTIPLIED BY THE MONTHLY UNIT PER ACRE COST. PAGE 4 OF 1 _�-- ----- . - -- — PROJECT APPEARANCE: P THE CONTRAC:TUR 5HA'' �I-AINTAIN A NEAT APPEARANCE TO THE WORK. IN ANY AREA VISIBLE TO THE PUBLIC, THE FOLLOWING SHALL APPLY: y DURING REGULAR MAINTENANCE DEBRIS UEVELOnyB D v u'� K - DEBRAT,IO D SHALL BE DISPOSED OF, AT THE CONTRACTORS EXPENSE, TO AN APPROVED DISPOSAL SITE. IF THE MATERIAL SHALL BE STOCKPILING IS NECESSARY, REMOVED OR DISPOSED OF DAT JY. FULL COMPENSATION FOR CONFORMING TO THESE T C L THE REQUIREMENTS SHALL E PRICES PAID FOR TH VARIOUS CONTRACT ITEMS OFNWORK INVOLVED AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED THEREFORE. FAITHFUL PERFORMANCE: THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES SHALL HAVE COMPLETE CONTROL OF THE SUPERVISION AND PERFORMANCE ELEMENTS OF THE MAINTENANCE CONTRACT. THE PROJECTS COORDINATOR OR HIS DESIGNEE SHALL BE RESPONSIBLE FOR CHECKING CONTRACTORS PERFORMANCE. THE CONTRACTOR SHALL BE NOTIFIED OF ANY MAINTENANCE FAILURE AND WILL HAVE 24 HOURS TO RESPOND TO BRING ANY MAINTENANCE FAILURES UP TO CONTRACT STANDARDS. IF AFTER 24 HOURS THE SAID PROBLEM HAS NOT BEEN RESOLVED, A 1 FORMAL NOTICE WHICH MAY BE VERBALLY IN PERSON OR VERBALLY BY TELEPHONE, WILL BE GIVEN TO CONTRACTOR ? OR CONTRACTORS DESIGNEE, TO RESOLVE SAID PROBLEM IN 24 HOURS (2ND 24 HOUR NOTICE) . IF THE PROBLEM IS STILL PRESENT ON THE SPECIFIC TARGET, THE PROJECTS COORDINATOR OR HIS DESIGNEE, SHALL NOTIFY THE DIRECTOR WHO SHALL HAVE THE OPTION OF TERMINATING NEW THE CONTRACT AND RE-ADVERTISING FOR SIGNEE CONTRACTOR. IF CONTRACTOR OR CONTRACTORS DE RECEIVE TWO (2) NOTICES OF MAINTENANCE FAILURE 1 WITHIN ANY 6 MONTH PERIOD, THE DIRECTOR SHALL HAVE THE OPTION OF TERMINATING THE CONTRACT AND RE- i ADVERTISING FOR A NEW CONTRACT. IN SUCH EVENT, THE AMOUNT OF CASH OR Y THE CONTRACTOR TO COVER COSTS _ -- SHALL BE FORFEITED B TO THE CITY FOR MAINTENANCE, RE-ADVERTISING AND 1 RELATED EXPENSES. _ _._._ ---- •--- -_-.__ _ _--- . WORK SCHEDULE: THE CONTRACTOR SHALL SUBMIT A PROPOSED WORK SCHEDULE INDICATING THE DAYS) OF THE WEEK AND TIME WORK IS TO BE PERFORMED. THE CONTRACTOR SHALL NOTIFY THE PAINSADVANCE�TIOF HE COMMUNITY OR CHEDULE SERVICES ZS A DEPARTMENT CHANGED. PAGE 5 OF ] HOURS OF LABOR: THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS DURING THE HOURS OF 7 :00 A.M. TO 5:00 P.M. AND ONLY MONDAY THROUGH SATURDAY UNLESS OTHERWISE SPECIFIED BY THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY � c-C ` P-rte �yL SERVICES. - ---- VANDALISM/THEFT: THE CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMING MAINTENANCE, REPAIRS AND REPLACEMENT OF EXISTING T-,ANDSCAPED AREAS WHICH ARE MAINTAINED UNDER THIS CONTRACT AND DAMAGED OR ALTERED IN ANY WAY AS A RESULT OF THEFT AND/OR MYSTERIOUS DAMAGES THAT DO NOT RESULT FROM THE PERFORMANCE OF THE CONTRACTOR. - ��,�. b ?ir A. ADDITIONAL COMPENSATION WILL BE PROVIDED ONLY FOR THE COST OF PARTS WHICH ARE DIRECTLY RELATED TO THE THEFT AND/OR VANDALISM; LABOR SHALL BE PROVIDED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CITY.B. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE CONTRACTOR BEING REIMBURSED FOR THE REPLACEMENT PARTS: 1. SUBMIT A WRITTEN PROPOSAL FOR THE REPLACEMENT PART(S) COSTS. 2 . RECEIVE WRITTEN AUTHORIZATION FOR THE PURCHASE OF THE REPLACEMENT PARTS BY THE PROJECTS COORDINATOR OR THE DESIGNATED REPRESENTATIVE. 3 . SUBMIT A PHOTOCOPY OF THE ORIGINAL INVOICES) FOR THE REPLACEMENT _ PARTS. WEEKLY EVALUATIONS: THE CITY WILL SUBMIT A WEEKLY INSPECTION REPORT TO THE CONTRACTOR RELATIVE TO THE PROJECT AREA. CONTRACTOR OR HIS DESIGNEE SHALL ALSO MEET ONCE EACH WEEK ON SITE FOR FIELD INSPECTION WITH THE PROJECTS COORDINATOR OR HIS DESIGNEE TO DISCUSS AND SIGN SAID REPORT. DESCRIPTION OF WORK 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 L SERVICES WORKMANLIKE MANNER, CONSI STENT I STENT WITHTHE STANDARDS PAGE 6 OF 1 i OF THE INDUSTRY AS D);_aRMINED BY THE PROJECTS COORCINATOR. SUPPLIES: ALL SUPPLIES REQUIRED TO ACCOMPLISH THE ITEMS OF- WORK SPECIFIED HEREIN, AND TO MATNTATN THF. LANDSCAPING INTHE A HEALTHY IRRIGATION SYSTEM ATTRACTIVE CONDITION AND IN A FULLY OPERATIONAL MANNER, SHALL BE PROVIDED BY THE CONTRACTOR. WORK TO BE PERFORMED: THE WORK TO BE PERFORMED CONSISTS, IN GENERAL, OF THE FOLLOWING: A. COMPLETE LANDSCAPE, MAINTENANCE OF ALL CONTRACT AREAS TO INCLUDE LITTER REMOVAL, IRRIGATION, PRUNING, SHAPING AND TRAINING OF TREES, SHRUBS, AND GROUND COVER PLANTS; 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 AND USEABLE CONDITION. ALL OTHER AREAS, SUCH AS SIDEWALKS, CURBS, GUTTERS , EXPANSION JOINTS, MEDIAN HARDSCAE, 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. `_`-- B. SCHEDULE OF WORK: THE CONTRACTOR SHALL ACCOMPLISH ALL NORMAL LANDSCAPE MAINTENANCE REQUIRED UNDER THIS CONTRACT FROM MONDAY THROUGH SATURDAY. EXCEPTIONS MAY BE MADE TO NORMAL WORKING HOURS (7 :00 A.M. TO 5: 00 P.M. ) WHERE INCIDENCES OF USE MAY BE TOO GREAT DURING THE HOURS SPECIFIED TO ALLOW FOR PROPER MAINTENANCE. THE PROJECTS COORDINATOR MAY GRANT, ON A CASE BY CASE BASIS, PERMISSION TO PERFORM CONTRACT MAINTENANCE AT OTHER HOURS.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 PROJECTS COORDINATOR PRIOR TO THE PERFORMANCE OF ANY WORK REQUIRED BY THESE SPECIFICATIONS, AND ANY CHANGES IN SCHEDULING SHALL BE REPORTED IN WRITING, PAGE 7 OF 1 TO THE PROJECTS COORDINATOR IMMEDIATELY. f cc _ L� THE CONTRACTOR SHALL CONDUCT THE WORK AT i ALL TIMES IN A MANNER WHICH WILL NOT INTERFERE WITH NORMAL PEDESTRIAN TRAFFIC I ON ADJt,C'NT SIDEWALKS OR VEHICULAR TRAFFIC ON ADJACENT STREETS OR PARKING LOTS. ZNLISTIDNGTIOE�CTA SPECIAL NOTIFICATION START DATE ' FOR FERTILIZATION, AERIFICATION, RENOVATION, PRUNING AND OTHER INFREQUENT OPERATIONS SHALL BE FURNISHED TO THE PROJECTS COORDINATOR AT LEAST FIVE (5) WORKING .DAYS IN ADVANCE OF PERFORMING THESE OPERATIONS.THE CONTRACTOR WILL BE RESPONSIBLE FOR REPLACING TREES AND PLANT MATERIAL DUE TO OVERWATERING, UNDERWATERING OR IMPROPER HORTICULTURAL PRACTICES OR NEGLECT. TECHNICAL SPECIFICATIONS WARNING SIGNS, LIGHTS AND DEVICES FOR USE IN PERFORMANCE OF WORK UPON HIGHWAYS SHALL CONFORM TO THE MANUAL OF TRAFFIC CONTROLS" , 1977 EDITION, PUBLISHED BY THE STATE OF CALIFORNIA, AND THE "WORK AREA TRAFFIC CONTROL HANDBOOK" , 1976 EDITION, ADOPTED BY THE CITY OF SAN BERNARDINO, CALIFORNIA. 21, _ A MINIMUM OF ONE (1) LANE SHALL BE MAINTAINED FOR EACH DIRECTION OF TRAFFIC AT ALL TIMES. I FULL COMPENSATION FOR FURNISHINGS 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 PAID AND � FOR THE VARIOUS CONTRACT I TEMS OF WORK INVOLVED NO ADDITIONAL COMPENSATION WILL BE ALLOWED i 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 j FRIDAYS AND THE AM PRECEDING AINTENANCEOPERATIONS HOLIDAYS, AND WHEN ARE NOT ACTIVELY IN PROGRESS ON WORKING DAYS. PERSONAL VEHICLE SKEDF ON THE TRAVELED, WAY ATY SHALL NOT BE ANY ` TIME. THE CONTRACTOR SHALL COOPERATE WITH LOCAL AUTHORITIES RELATIVE TO HANDLING TRAFFIC THROUGH THE AREA AND SHALL MAKE WORKING W ARE LEA NTS RELATIVE TO KEEPIN OF PARKED VEHICLES. PAGE 8 OF 1 OR THE PROVISIONS IN THIS SECTION MAY BE MODIF PUBLIC ALTERED IF, IN THE OPINION OF THE CITY, TRAFFIC riiLL BE BETTER SERVED AIND WORK EXPEDITED. SAID MODIFICATIONS OR ALTERATIONS SHALL NOT BE ADOPTED UNTIL APPROVED IN WRITING BY THE CITY. ini�iin•iv►J ���TEN THE CONTRACTOR SHALL MAINTAIN ALL IRRIGATION SYSTEMS AT NO ADDITIONAL COST TO THE CITY TO INSURE PROPER COVERAGE AND FULL WORKING CAPABILITY AND MAKE ADJUSTMENTS AS NECESSARY TO PREVENT OVERSPRAY nu F.XCESSIVE RUNOFF INTO STREET RIGHT-OF-WAYS OR G , r.c � � OTHER AREAS NOT MEANT TO BE IRRIGATED. THE CONTRACTOR SHALL REPAIR OR REPLACE INOPERABLE IRRIGATION EQUIIPMEINCLUDOING BUTNNOTNLIMITEDFTOLY OPERATIONAL SYSTEM, SPRINKLER HEADS SPRINKLER HEAD RISERS VALVE COVERS VALVE BOXES OR SLEEVES QUICK COUPLER VALVES AND HOSE BIBBS BUBBLERS, EMITTERS, UNDERGROUND DRIP SYSTEM, "LEAKY PIPE" , ETC. SPRINKLER SYSTEM LATERAL PIPING SPRINKLER MAIN (PRESSURE LINE) SPRINKLER CONTROL VALVES SPRINKLER CONTROLLER VALVE WIRING TO CONTROLLER MOISTURE SENSING DEVICES 1 M FERTILIZER INJECTOR SYSTEMS THE CONTRACTOR SHALL, AT NO COST TO THE CITY, REPAIR OR REPLACE ANY DAMAGED IRRIGATION SYSTEM COMPONENTS DUE TO HIS OWN NEGLIGENCE. ANY REPLACEMENT MUST CONFORM TO THE TYPE AND KIND OF EXISTING SYSTEM. ANY DEVIATION MUST BE APPROVED IN WRITING BY THE PROJECTS COORDINATOR. i PAGE 9 OF MAINTENANCE SCHEDULES: THE FOLLOWING ITEMS OF `WORK SHALL BE PERFORMED BY THE CONTRACTOR WITH THE FREQUENCY 'INDICATED: PICKUP OF , &,"L% n::^. D°nv15 DAILY - AND EMPTYING TRASH RECEPTACLES. IRRIGATION TEST WEEKLY IRRIGATION REPAIR CHECK DAILY TRIMMING/PRUNING BI-MONTHLY FERTILIZATION - SMALL BI-ANNUALLY TREES, SHRUBS, GROUND COVER QUARTERLY FERTILIZATION - TURF WEEKLY WEEDING (ALL SHRUB/ PLANTER BEDS) WEEKLY RAKING BEDS BI-MONTHLY SHRUB/PLANTER BED EDGING QUARTERLY PRUNING SHRUBS WEEKLY SWEEPING/BLOWING WALKS (AFTER MOWING AND EDGING) WASHING WALKS/MEDIAN HARDSCAPE MONTHLY SPRAYING FOR PRE-EMERGENTS QUARTERLY SPRAYING FOR BROADLEAF WEEDS BI-ANNUALLY LAWN MOWING WEEKLY LAWN EDGING BI-MONTHLY *LAWN TRIMMING BI-MONTHLY LAWN AERIFICATION BI-ANNUALLY **LAWN RENOVATING ANNUALLY (PRIOR TO 10-1 EACH YEAR) AS NEEDED PEST CONTROL ON TREES GRAFFITI REMOVAL (SAND BLASTING OR AS NEEDED OTHER APPROVED METHOD ON MEDIAN OR BY DIRECTED ED HARDSCAPES, CURBS, SIDEWALKS, DIVISION FENCING, WALLS) . * WITH A POWER TRIMMER AROUND ALL POLES, OBSTRUCTIONS, TREE WELLS, SPRINKLER HEADS AND OTHER MISCELLANEOUS ITEMS AS DESIGNATED BY THE PROJECTS COORDINATOR. ** LAWN RENOVATION SHALL INCLUDE: 1. ERADICATION OF UNDESIRABLE SPECIES. 2 . THATCH REMOVAL BY VERTICAL MOWING. 3 . CULTIVATOR BY CORING, GROOVING, SLICING OR SPIKING. 4 . FERTILIZATION AND POSSIBLY LIMING. 5. SEEDING (WITH SEED APPROVED BY THE PROJECTS COORDINATOR) , AND 6. REPAIR DAMAGED IRRIGATION FACILITIES. PAGE 10 OF 1 METHOD OF PERFORMING WOha.: 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 CV •V L•^^I%C►�al.:. J'^" ^•aa`ALL NOT RELIEVE THE CONTI ACTOR OF HIS RESPONSIBILITY. IN THOSE AREAS WHERE AN AUTOMATIC CONTRACTOR SPRINKLER SHALL INSPECT IS INSTALLED, THE PERIODICALLY, THE OPERATION OF THE SYSTEM FOR ANY MALFUNCTIO::. THE CONTRACTOR SHALL MAINTAIN ALL SPRINKLER SYSTEMS IN SUCH A WAY AS TO GUARANTEE PROPER PROPER COVERAGE AND FULL WORKING CAPACITY, WHATEVER ADJUSTMENTS WHICH MAY BE NECESSARY TO PREVENT EXCESSIVE RUN—OFF INTO STREET RIGHT—OF—WAY, OR OTHER AREAS NOT MEANT TO BE IRRIGATED. THIS PERIODIC INSPECTION MAY OCCUR MORE OFTEN, BUT NOT LESS FREQUENTLY THAN ONE INSPECTION EACH WEEK. CARE SHALL BE EXERCISED TO PREVENT A WASTE OF WATER OR EROSION. IRRIGATION SHALL BE ACCOMPLISHED AS FOLLOWS: - 1. TURF 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) . ' 2 . LANDSCAPING OF BANKS AND SLOPES SHALL BE IRRIGATED AS REQUIRED, TO MAINTAIN HORTICULTURALLY ACCEPTABLE GROWTH AND COLOR, AND TO ENCOURAGE DEEP ROOTING AND PREVENTING EROSION. 3 . SHRUB BEDS 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 MANNERTHE IRRIGATION SURFACE RUN—OFF AT A MINIMUM• SHALL BE ADJUSTED TO THE NEEDS OF SHRUB TYPES, SEASONS AND WEATHER CONDITIONS. — — - -- 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. PAGE 11 OF 1 PRUNING SHRUBS AND GROUND COVER PLANTS: ALL SHRUBS AND GROTINn COVER PLANTS GROWING IN THE WORK AREA SHALL BE PRUNED AS REQUIRED TO XA N TAIN PLANTS IN A HEALTHY, GROWING CONDITION. CIHAT I J BE flr�o DAMAGED LIMBS, CLIPPINGS, OR BRAN C"^" ^ REMOVED IMEDIATELY AND ALL PRUNING CTS S!LkL . BE ' MADE CLEANLY WITH SHARP PRUNING TOOLS, WlT�ri NO BECCPHTINS REMAINING. Y PRUNING TA ACCOMPLISHED ED MANNER WHICH WILL MAININ PLANT GROWTH WITHIN REASONABLE BOUNDS, BUT SHALL PERMIT ALL PLANTS TO GROW NATURALLY IN ACCORDANCE WITH THEIR NORMAL GROWTH CHARACTERISTICS. SHEARING, HEDGING OR SEVERE AUTHORIZED BY THE PROJECTSCOORD COORDINATOR, UNLESS ,, WILL NOT AUTH OR PRUNING BE AUTH PERMITTED. SOIL FERTILIZING AND PEST CONTROL AGENTS: SOIL FERTILIZING AND PEST CONTROL OF THESE TSSPECZAL CONFORM TO THE REQUIR EMENTS PROVISIONS . MANURE SHALL NOT BE USED AS A FERTILIZER OR SOIL CONDITIONING MATERIAL. 1. TURF GRASS A. FERTILIZATION OF ALL TURF GRASS AREAS WITHIN THE DESIGNATED WORK AREA SHALL BE ACCOMPLISHED QUARTERLY WITH A COMPLETE COMMERCIAL FERTILIZER IN HOMOGENOUS PELLET FORM. GUARANTEED ANALYSIS SHALL 16-6-8 APPROVED BY THE PROJECTS BE COORDINATOR. B. MULTI- WALL PAPER BAGS, POLYETHYLENE POLYETHYLENE-LINED LFOR BE PACKAGED IN MOISTURE RESISTANCE. r `- C. FERTILIZER SHALL BE APPLIED AT A RATE TO PROVIDE THE REQUIRED ELEMENTS NECESSARY FOR HEALTHY GROWTH AS DETERMINED BY THE PROJECTS COORDINATOR OR BASED ON THE RESULTS OF THE SOILS TESTING AND AT THE TIMES SPECIFIED BELOW: JULY 1 - JULY 15 OCTOBER 15 - NOVEMBER 1 JANUARY 15 - FEBRUARY 1 APRIL 15 - MAY 1 2 . SHRUB BEDS, GROUND COVER AND SMALL TREE FERTILIZATION A. FERTILIZATION OF ALL SHRUB BEDS, GROUND COVER AREAS AND ALL YOUNG ITHIN TREES THE CALIPER AND SMALLER) PAGE 12 OF 1 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 PROJECTS COORDINATOR. B. 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 t C. ADEQUATE IRRIGATION WILL IMMEDIATELY FOLLOW THE APPLICATION OF FERTILIZER TO FORCE FERTILIZER MATERIAL TO REST DIRECTLY ON THE SOIL SURFACE. 3 . MATERIALS THE FERTILIZER SHALL BE DELIVERED TO THE SITE IN THE ORIGINAL UNOPENED CONTAINERS BEARING THE MANUFACTURER'S GUARANTEED ANALYSIS. THE CONTRACTOR SHALL SUBMIT A LIST OF ALL CHEMICAL HERBICIDES OR PESTICIDES PROPOSED FOR USE UNDER THIS CONTRACT FOR APPROVAL BY THE PROJECTS COORDINATOR. THIS LISTING SHALL BE LIMITED TO CHEMICALS APPROVED BY THE STATE OF CALIFORNIA, DEPARTMENT OF AGRICULTURE, AND SHALL INCLUDE THE EXACT BRAND NAME AND GENERIC FORMULATION, CALIFORNIA REGISTRATION NO. ANADD CHEMICAL ABSTRACT SERVICE NUMBER (CAS #) , 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, THE PROJECTS COORDINATOR OR HER DESIGNEE AS APPROPRIATE FOR THE PURPOSE AND AREA PROPOSED. A. PEST CONTROL AGENTS SHALL BE AS REQUIRED BY THE LANDSCAPE COST ESTIMATING REFERENCE. B. SPRAYING OF CHEMICALS WILL NOT BE PERMITTED UNDER WINDY CONDITIONS AS DETERMINED BY THE PROJECTS COORDINATOR FROM THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. C. SPRAYING OF CHEMICALS WITH TOXICITY CATEGORY 1 SHALL NOT BE UTILIZED, UNLESS WRITTEN APPROVAL HAS FIRST BEEN OBTAINED FROM THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES AND I PAGE 13 OF 1 UNLESS A PERMIT n BEEN OBTAINED FROM THE COUp�i'i OF SAN BERNARDINO DEPARTMENT rZ.T rr m,,,RE, . L Om1n SUC- AS S I DEWALKS, CURBS, GUTTERS, AL r Evpp,2dSI::N JOINTS, MEDIAN HARDSCAPE WITHIN THE rnNTRArT ".FFTNED AREAS; SHALL BE KEPT FREE OF WEEDS AS PER THE jjAINTENANCE SCHEDULE FOR WEEDING. LAWN: ALL LAWN AREAS WILL BE MAINTAINED AS FOLLOWS: A. ALL TURF SHALL BE EDGED ADJACENT TO ALL IMPROVED AND UNIMPROVED SURFACES; TURF EDGES SHALL BE MAINTAINED IF THE TURF AREA ABUTS A SHRUB BED, PROPERTY LINE OR TO MAINTAIN A TURF DELINEATION. B. FERTILIZER SHALL BE APPLIED IN GRANULAR FORM AND SHALL BE MOISTURE-FREE SO AS TO OBTAIN OPTIMUM SPREAD. NOTIFY THE PROJECTS COORDINATOR 2-3 DAYS BEFORE APPLICATION AND SUBMIT BAG_TAG. C. 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 i THE WEIGHT OF THE MOWER. D. 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 TWO (2) INCHES. E. INCLEMENT WEATHER MAY PRECLUDE ADHERENCE TO THE FREQUENCY SCHEDULE OF MOWING. THE CONTRACTOR MAY REQUEST FROM THE PROJECTS COORDINATOR, FOR REASONS OF RAIN OR PROLONGED COLD, ALTERATION OF THIS MOWING FREQUENCY. F. 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 PROJECTS COORDINATOR TEN (10) DAYS PRIOR TO BEGINNING WORK; RENOVATION SHALL OCCUR UPON THIRTY (30) DAYS NOTICE FROM THE PROJECTS COORDINATOR. 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. T _ PAGE 14 OF G. OVERSEEDING - .,?ON COMPLETION OF THE RENOVATION ALL TURF AREAS SHALL BE OVERSEEDED WITH A SEED MIX THAT MEETS WITH THE PROJECT COORDINATOR'S APPROVAL. STEPS MUST BE TAKEN DURING THE RENOVATION PROCESS TO ENSURE SEED TO GROUND CONTACT. FAILURE TO REALIZE A MINIMUM OF 75% r_ER?4TWATION WILL REQUIRE RESEEDING BY THE CONTRACTOR AT NO EXTRA COST TO THE CITY, AT 8# PER 1, 000 SQ. FT. ANNUAL RYE "OREGON BRAND" . H. TURF AREA SHALL BE AERIFIED A MINIMUM OF ONE TIME EACH YEAR. AERIFICATION WILL BE SCHEDULED IMMEDIATELY PRIOR TO THE JULY FERTILIZATION. UNDER ADVERSE CONDITIONS OR AS A RESULT OF HIGH USE WHERE TURF IS SUFFERING FROM COMPACTION, AERIFICATION-MAY BE NECESSARY AT MORE FREQUENT INTERVALS. THE FREQUENCY INTERVALS SHALL BE AS REQUIRED TO PROMOTE HEALTHY VIGOROUS GROWTH AS DETERMINED BY THE PROJECTS COORDINATOR. A SCHEDULE OF AERIFICATION EQUIPMENT TO BE USED SHALL BE SUBMITTED TO THE PROJECTS COORDINATOR TEN (10) DAYS PRIOR TO BEGINNING WORK. I . 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. - ROADBED AND WEED CONTROL: ALL AREAS IDENTIFIED AS FUTURE ROADBED, AREAS ADJACENT LANDSCAPE, TRAFFIC ISLES, MEDIANS , SMALL UNDEVELOPED SLOPES AND UNDEVELOPED AREAS, SHALL BE TREATED WITH "ROUND UP" PER MANUFACTURERS LABEL AND WEED GROWTH REMOVED TO 4" HEIGHT. SAID HEIGHT IS FOR EROSION CONTROL. SAID AREAS ARE TO BE MAINTAINED AS SUCH FOR DURATION OF CONTRACT. THIS SHALL ALSO INCLUDE DAILY TRASH AND LITTER PICK UP. 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 UNDESIREABLE OR MISPLACED PLANT" . WEEDS SHALL BE CONTROLLED EITHER BY HAND, MECHANICAL, OR CHEMICAL METHODS. THE PROJECTS COORDINATOR MAY RESTRICT THE USE OF CHEMICAL WEED CONTROL IN CERTAIN AREAS. COMPLETE REMOVAL OF ALL WEED GROWTH SHALL BE ACCOMPLISHED ONE (1) TIME EACH THIRTY (30) DAYS. THIS SECTION INCLUDES ALL UNDESIREABLE GROWTH ADJACENT TO CURBS, GUTTERS AND SIDEWALKS. PAGE 15 OF' 1 TREE MAINTENANCE: ALT TY.EES 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 PPJ2`!' OF muTC r_nUmn_ nrm, RE RESPONSIBLE FOR -TREE PRUNING THAT CAN BE REACHED BY A PERSON STANDING ON THE GROUND, WITH A TWELVE (12 ' ) FOOT POLE SAW OR PRUNER. SAID PROGRAM IS THE SELECTIVE AND NATURAL APPROACH TO PRUNING OF ALL TREES ON SITE AND INCLUDES PEST CONTROL AND DISEASE CONTROL. THE CONTRACTOR SHALL BRING TO THE ATTENTION OF THE PROJECTS COORDINATOR OR HIS DESIGNEE 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 PROJECTS COORDINATOR 48 HOURS PRIOR TO ANY PRUNING. TREE REPLACEMENT: ALL 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 VOLUME OF THE ROOT BALL. 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 PROJECTS COORDINATOR. TREE REMOVAL AND REPLACEMENT DUE TO THE CONTRACTOR'S NEGLIGENCE SHALL BE AT CONTRACTOR'S EXPENSE. ALL NEWLY PLANTED TREES SHALL BE SECURELY STAKED AT ALL TIMES WITH APPROVED STAKES AND SECURED TO THE STAKES WITH AT LEAST TWO APPROVED TIES. TREE TIES SHALL BE INSPECTED MONTHLY AND CORRECTIVE ACTION TAKEN TO ENSURE AGAINST GIRDLING AND ABRASION. EMERGENCY- AND PROBLEM RESPONSE: PAGE 16 OP' 1 � i THE CONTRACTOR SHALL RESPOND WITHIN 30 MINUTES AFTER NOTIFICATION BY CITY STAFF OF ALL EMERGENCY AND/OR NON-EMERGENCY SITUATIONS. EMERGENCY SITUATIONS: THE CONTRACTOR WILL 1141 S CZC THE EMERGENCY WITHIN 30 MINUTES. AFTER INSPECTION, THE CONTRACTOR WILL DIRECT THE NECESSARY PERSONNEL AND EQUIPMENT TO CORRECT THE EMERGENCY. ACCEPTABLE LENGTH OF PERSONNEL RESPONSE TIME IS 1 HOUR. NON-EMERGENCY SITUATION: THE CONTRACTOR SHALL MAKE CONTACT WITHIN 30 MINUTES (IN PERSON OR BY TELEPHONE) WITH THE PERSON REPORTING THE PROBLEM. i j CJ O U i � `mot "�• � '�, � -, �' v a U aw > M W wH W w o . w� W� oa a ° a u U i 3a Vpr E.,� wo Ucn Ot Q a aU m I W ° ,zQy u 00) u) p '� I aN °o aN �H zoo OQ N 4 E. G+ ° H �N LY.� Q 0 .v OW Q O z I r 0 -1i+ a Ei Z:) 1 N U 1 I I o , a r x a z I N N %D U) U1 CO at O t"1 N � U) Wu m O H I O U1 ri v OH N N v N N O O �D v 2.z z W Q i N �--I r W 1 Xvi aH w MW i aw Q� QI CO N N v c0 r r U1 v O Ei O Q Ei W E-4 Ei C7 I r O r �D v r-1 0� O N O N X z H w z 1 �D r r N %D v Ln O In N O m I O 1 H _ a r{ •C7 I r1 c v r t0 r z Hw i avow ao u i z�0 ci: 1 r O -e-+ 1 O O v U1 00 O r+ O O O O� tD o 1 v m O v �D U1 v v %D 'D E 1 o i W h Ei r I OW W H r N N r U1 r v O U1 r r-I co . U> CAE-4 i 3 1 O N rl O� r-1 v c f a% r %D r-1 N O woo >4 601 ri N N ri U) N U) N e+1 (A U E-4 0 m 1 0% ON 1 z W •A+ I 1 EH H I D E z a a R E-4 >4 o W N wuz -cm 1 ° aU m °x O o X QW DE+ zm o H I Ua w m H 4 w zo za O L>i a g Q z H a a a HH o aH WU °N Q 1 W 0- H O O 4 a 0 0 W. za H WT a WME4 EiW U 1 04. z a z z x O H z a 3 W< ;-� zH m 1 > - 3 az o E U E z a G. ui mm w or 043: E Sow m M 4 U7 O eH-1 � H V-4 � f-4 r-4 1 JERS PROPOSAL AND STATEMENT CU_ THE UNDERSIGNED HEREBY DESIGNATES AS HIS OFFICE TO WHICH ALL NOTICES OF OFFICL COKRESPONDENCE MAY BE MAILED, TELEGRAPHED OR DELIVERED: PRINT IT IS UNDERSTOOD AND AGREED THAT THIS BID MAY BE WITHDRAWN AT ANY TIME PRIOR TO THE SCHEDULED TIME FOR THE OPENING OF BIDS OR ANY AUTHORIZED POSTPONEMENT THEREOF. FIRM NAME: C �3 cL LL1T I,.bn D'S C imp t= c Ll s;'i v_b,C_ C? STATE CONTRACTOR'S LICENSE NUMBER: 7 — fr9r Zl l 7 BUSINESS ADDRESS: y ►�• ���-=�� ���� v T 14`n � 'T` -At�1r C-- '` ')i 7C-3 BY: NAME (PRINT) c ilc TITLE: vv= SIGNATURE: , BUSINESS PHONE: IC' �i i DATE: i NOTE: UNSIGNED BIDS RECEIVED IN THE OFFICE OF THE PURCHASING AGENT ARE CONSIDER- ED ILLEGAL BIDS AND WILL NOT BE ACCEPTABLE FOR CONTRACT CONSIDERATION. *IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. PUR- SUANT TO THESE SPECIFICATIDI TOTAL (BID) PRICE SHALL INCLUDE ALL LABOR, MATER- IAL AND EQUIPMENT COSTS, A'-L APPLICABLE TAX, ALL BONDS AND INSURANCE AND ALL OTHER ITMES OF EXPENSE INCIDENTIAL TO THE CONTRACT. IF AN INDIVIDUAL SO STATE. IF A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND GIVE THE NAMES OF ALL INDIVIDUAL, OR CO-PARTNERS COMPOSING THE FIRM. IF A CORPOR- ATION STATE LEGAL NAME OF THE CORPORATION, ALSO THE NAMES OF THE PRESIDENT, SECRE- TARY, TREASURER AND MANAGER THREOF. IF LOCAL BUSINESS FURNISH CURRENT SAN BERNARDINO CITY BUSINESS LICENSE NO. THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND TO WAIVE ANY INFORMALITIES. -9- Rl 8-10-89 Svc AMWEST SuF":TY INSURANCE COMr '#NY WOODLAND HILLS, CALIFORNIA AW BOND N0. 003003160 PREMIUM $50.00 BID DATE 5 25 93 PUBLIC WORKS BID BOND Know all men by these presents: That we, GOLDEN WEST LANDSCAPE CONTRACTOR (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corpoiatrur Iliujumaltoi ,ilioll Surety), organized and existiny under the laws of the State of California and authorized to transact a general surt;ty t,w wc;s; u; th•. State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF SAN BERNARDINO (hereinafter called Obligee) In the penal sum of Ten __ percent ( 100,. )of the bid amount, but iii iiu dre+nl to Four Thousand One Hundred Fifty and 00 100 Dollars ($ 4 150 00 for the NOTARY ACKNOWLEDGMENT State of CALIFORNIA County of SAN ERNARDINO (here Insert rlall,U) ivutary before me,I.L. KYSETH roved On / personally known to rrle tut p personally appeared ANITA K. MCCARTY whose names) israre subscribed t the within Public, p acit les I and executed the same in his her,their authorized cdersun(S) acted to me on the basis o satisfactory me all that he she theythe persons on behalf of which the p instrument and acknowledged erson(s), or the entity up that by his/her/their signature(s) on the instrument the p executed the instrument. WITNESS my hand and official seal. (Seal) ------------- Slgnature SIGNER REPRESENTING CAPACITY CLAIMED BY SIGNER GUARDIAN/CONSERVATOR NAME OF PERSONlS),-rR ENTITI,rES, PARTNER(S) AMWEST SURETY I. INDIVIDUALS) � OTHER_----- -- __--- - a CORPORATE_ _ ® ATTORNEY IN FACT — INSURANCE COMPANY OFFICER(S) — a TRUSTEES) SUBSCRIBING WITNESS _ ATTENTION NOTARY: Although the Information requested below is OPTIONAL,it could prevent fraudulent attachment or this certificate THIS CERTIFICATE MUST Document Title or Type: Document Date J BE ATTACHED TO THE Number of Pages: DOCUMENT DESCRIBED Signer(s) other than named above; NONE HEREIN: Ab UN-A9016(7191) ® ® ® ® ° .Llv MW E a o o . _ BOND povvER xt yt I W 1V`AE I D FOR BO 003003168 0 0 0 2 1 7 3 9 4 –56 �tIT XD - ON 0 R A F T 3=25_–•94 This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may 'y be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. �mmm® KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company,a California �' corporation (the "Company"), does hereby make, constitute and appoint: .NU7KU aF� a ANITA K. MCCARTY =99 299E 99'uu AS AN EMPLOYEE CF Ar'NEST SUki__TY INSURANCE CCMPAhY ' M_ its true and lawful Attome}-in-Fact,with limited power and authority for and on behalf of the Company as surety, U"J to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,®® -9w �_. . A recognicances or other written obligations in the nature thereof as follows: mom®®® Ennui Bid Bonds up to i'- -1 000 000 .0 0 °y5 Contract (Performance 3 Payment ) , Ceurt , Sutdivision $Y*1,000,000.VVEREM T License & Permit Bonds up to S-1-- 1,000,000 - 00 UM®®® -_= Miscellaneous Bonds up to $- -1 ,000,000 . 00 ®®®® ®®®®® and to bind the Company thereby. This appointment is made under and b authori of the By-Laws of the P Y PP y ty Y ®� - Company, which are now in full force and effect. �'L7UN CERTIFICATE � ® 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Po-wer of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant __-- provisions of the By-Laws of the Company, are now in full force and effect. _ ,JM =Im® SAN BERNARDINO. CA. this—21_day of Mff 1993 Signed and sealed at ^N® 0000217394 — 55 �?l �j® Karen G. Cohen, Secretary F ENMEM m m.am©m NUMB®® II M®©fE ©HNEN ®mm®©®®®®®mm®®®®N®®®®®®®® ® ON m®®BB me®®B ���� 3 F �attiions of the Board of Mecul 4W ,� power of Attorney is=signed and sealed by facsimde under and by,the authority of the folIou,14- tsoIutions adopted by tltie Board of Directors of Amwest Surety Insurance-Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in- fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond,undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed-by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii)when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, 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, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN' WITNESS WHEREOF, Amwest Surety- Insurance Company-has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day- of December, 1990. \NSUR 2c JQ. QpP0R4 o= Karen 6............ STATE OF CAL[FOP"';A, COL'\TY OF LOS ANGELES On this 1st day: of D«er.'xr. 1990, personally came before me Ioh^. E Swage and Karen G. Cohen, to me known to be the ' oi : crs r : �uret� Insurance Com any. w-ho e:e at'a! :i,e abo�-e instrument, and they have acknowledged the executioa _ „! r_ ' me duly sworn,did severally dcm -and .hat they are the said officers of the corporation aforesaid and tl:a: ti: '10 t:•� .tcr,z instrument is the seal of the c,rporation. and that said corporate seal and their signatures as such officers 'acre and st:u_=ribed to the said instrumcnt Lhe authcra% of the Board of Directors of said corporation. OFFICIAL SAL ANA B ZAMUDIO-1740 'j- Nobly PALO CE IN PRINCIPAL OfRCE W LOS ANGELES COUNTY (�� ! my czirmbfion Emko October 22. 1993 luclio-Solis, Notan• Public :....:. ,,;.. Restrictions and Endorsements i- CITY OF SAN BERNA''"OINO - REQUEST FOR COUNCIL ACTION Fr--: Dean R. Meech, Purchasing Agent Subject: Landscape Maintenance Contract For Seventeen Locations D,.,-. Purchasing Date: June 21, 1993 Bid: F-94-01 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Den R. Meech Signatu e Contact person: Dean R. Meech, Purchasing Agent Phone: 384-5085 Supporting data attached: YeS Ward: N/A FUNDING REQUIREMENTS: Amount: $41,388.00 Source: (Acct. No.) 001-382-53150 (Acct. Description) Professional Co tractual Services Finance: f it Notes: 3 7 -- Aaenda Item No. CITY OF SAN BERNK 31NO - REQUEST FQ-) COUNCIL ACTION STAFF REPORT F-94-01 The proposed purchase is for landscape maintenance contract for seventeen (17) locations throughout the City to be utilized in daily operations by the Parks, Recreation and Community Services Department. At the request of the department, appropriate specifications were prepared, published and furnished to area suppliers. Bids were publicly opened and declared on March 25, 1993 . The following is a summary of bids received. COMPANY TOTAL BID (INCLUDING TAX) Hopkins Enterprises No Bid PCL Landscape Contractors No Bid L Barrios $53 , 736. 00 M & E Landscaping Inc 83 , 160. 00 *Golden West Landscape Contractor 41, 388 . 00 Excel Landscape 61, 032 . 00 Mentone Turf Supply 66, 000. 00 Thirty-four (34) suppliers of this service were solicited. Purchasing received seven (7) bids. Two (2) bids were "No Bid" and five (5) were valid bids. Specifications as bid have been reviewed with the Superintendent of Parks who concurs that the bid of Golden West Landscaping Contractor meets specifications and requirements. It is therefore recommended that the bid be accepted for contract. The equipment funding is in the 1993/94 budget. ACCOUNT NUMBER: 001-382-53150 TOTAL AMOUNT: $41, 388. 00 Dean R. Meech, Ed Yel on, Purchasing Agent Superintendent of Parks �I 75-0264 el"1 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE FURNISHING AND 3 DELIVERY OF LANDSCAPE MAINTENANCE CONTRACT FOR SEVENTEEN (17) LOCATIONS, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY 4 SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-01. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A FOLLOWS: 6 SECTION 1. That Golden West Landscape Contractor is the 7 lowest and best responsible bidder for the furnishing and delivery 8 of Landscape Maintenance Contract for seventeen (17) locations in 9 accordance with Bid Specification F-94-01 for the total amount of 10 $41, 388. 00; pursuant to this determination, the Purchasing Agent 11 is hereby authorized and directed to issue a purchase order for 12 said Landscape Maintenance Contract for seventeen (17) locations 13 to said lowest and best responsible bidder; such award shall only 14 be effective upon the issuance of a Purchase Order by the 15 Purchasing Agent; and all other quotations therefor are hereby 16 rejected. 17 SECTION 2 . The authorization to execute the above 18 referenced purchase order is rescinded if it is not issued within 19 sixty (60) days of the passage of this resolution. 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a meeting thereof, held on the 23 day of 199 by 24 the following vote, to wit: 25 26 27 06-21-93 -1- 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE FURNISHING AND 2 DELIVERY OF LANDSCAPE MAINTENANCE CONTRACT FOR SEVENTEEN (17) LOCATIONS TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY 3 SERVICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-01. 4 Council Members: AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 OFFICE VACANT 10 POPE-LUDLAM _ 11 MILLER 12 City Clerk 13 The foregoing resolution is hereby approved this 14 day of , 199 15 16 Tom Minor, Mayor 17 City of San Bernardino 18 Approved as to form and legal content: 19 James F. Penman, 20 City Attorney 21 By: 22 23 24 25 26 27 06-21-93 -2- 28