HomeMy WebLinkAbout2018-0841
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RESOLUTION NO. 2018-84
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO INLAND EMPIRE
LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT
DISTRICT NO. 1024 (AREA 1) IN THE AMOUNT OF $8,402.44 WITH TWO
OPTIONAL ONE-YEAR EXTENSIONS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Inland Empire Landscape is the lowest responsible bidder for Area "I":
Maintenance of Landscaping in Assessment District No. 1024, per Plan No. 9859a. A
contract, attached hereto as Exhibit "A" and incorporated herein by reference, is awarded
accordingly to said bidder in a total amount of $8,402.44 for the initial term beginning on
April 1, 2018, through June 30, 2019. All other bids for Area "P', therefore, are hereby
rejected.
SECTION 2. The City Manager is hereby authorized to execute the Contract with
Inland Empire Landscape, attached hereto as Exhibit "A".
SECTION 3. This contract may be extended by two additional one (1) year terms as
set forth in said contract.
SECTION 4. The above authorization is rescinded if the parties to the contract fail to
file a fully executed copy of said contract with the City Clerk within sixty (60) days of the
passage of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO INLAND EMPIRE
LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT
DISTRICT NO. 1024 (AREA I) IN THE AMOUNT OF $8,402.44 WITH TWO
OPTIONAL ONE-YEAR EXTENSIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
21 St day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
`X
X
ABSTAIN ABSENT
Georgeann Ifanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
R. Carey Davi , Mayor
City of San 1yernardino,
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
f
ACCT. NO: 254 -150 -<Project No.> -5506: FILE NO.: 14.40A-1
AD 1024 -PROJECT NO.: 6014
CITY OF SAN BERNARDiNti
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
FOR
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES
IN PORTIONS OF ASSESSMENT DISTRICT NO. 1024
(AREA "I")
(2017-18) PLAN AND SPECIAL PROVISIONS NO.9859A
(SCHEDULE 1, AD 1024)
ENG%
i
CIVIL.
Y CAL15
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
DECEMBER 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON JANUARY 30 201
1141AW6'XIA) 601AP17— " A- 0
FILE NO.:14-4OA-I
ACCT. NO: 254 -150 -Project No.> -5506:
AD 1024 - PROJECT NO.: 6014
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT NO. 1024
(AREA "I")
CONTRACT DOCUMENTS
(2017-18) PLAN AND SPECIAL PROVISIONS NO.9859A
(SCHEDULE 1, AD 1024)
FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
(SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706.
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
December 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON
Januar►, X 2018
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
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - Payments/General
SECTION 7 - Description of Work
SECTION 8 - Technical Specifications
SECTION 9 - Irrigation/System
SECTION 10 - Shrubs and Ground Cover Plants
SECTION 11 - Fertilizer and Pest Control Agents
SECTION 12 - Lawn/Turf
SECTION 13 - Slope/Bank/Drain Maintenance
SECTION 14 - Weed Control
SECTION 15 - Trees
CONTRACT AGREEMENT
rj �,)
IPA.
0
MDILI, m
ADIVTN "S"I'lATION
Engineer's Estimate:
RANGE: $1500 to 2,500
NOTICE INVITING BIDS
(AREA "I")
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 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), on file in the
Office of the City Engineer, San Bernardino City Hall.
Deliver all bids to the City Engineer's Office, Second Floor, 201 North "E" 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 January 30. 2018 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 famished 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 Relations Internet web site at: httpllwww.dir.ca.govldirdatabases.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 April 1, 2018 to the termination date of June 30, 2019,
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 Mandator3, Pre -Bid meeting will be held on TuesdaN-. Januar- 23. 2018, at 2:00 P.M., at the office
of the City Engineer, City Hall, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. 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 maybe continued the following day, at 9:00 am, at the
office of the City Engineer, Second Floor, 201 North `B" Street, San Bernardino, CA 92401.
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: a-"- .ci.san-bemardino.uu.ubiticivi- xom for bid: 'clic works/defaults
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.
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 funis 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 of San Bernardino
C/O Public Works / City Engineer
290 North "D" Street
San Bernardino, CA 92401
Attention: Ryan Aschenbrenner
Tel: (909) 384-5126/5140
E-mail: dsenenbrenner E � Lcusbcitti .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. 9859A
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE:_ Janua- , 3, 2 018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE,
CITY OF SAN BERNARDINO
City Clerk
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 fiunish
any and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
(SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), 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:
PAGE 1
ACCOUNT NUMBER 254-150-6014*5506
BID SCHEDULE
PLAN NO. 9859A (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 1024 — INLAND CENTER AND RiVERWALK
".SIC BID
TOTAL
UNTT
ANNUAL
ITEM QTY.
UA7T DESCALPTTON OF ITEMS PRICE
PRICE
1 1
L.S. Maintenance of plants, shrubs,
(16,500 sq.ft.
groundcover and irrigation
f)
system, including hardscaped
areas at the lumi_ sum price of: L.S.
$ 1,300.00
Maintenance of trees and
2 1
L.S. irrigation system at the lump L.S.
S
sum price of:
TOTAL BASIC BID
(A)
448.95
$
SCHEDULE 1 i
1, 748.95 i
PAGE 2 ACCOUNT NUMBER 254-150-6014*5506
BID SCHEDULE
PLAN NO. 9859A (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 1024 – INLAND CENTER AND RIVERWALK
SUPPLEMENTAL ITEMS OF WORK
ITEM
QTY. UNIT
DESCRIPTION OFITEMS
Replacement of Trees (15 gal.) per each
1
30
EACH
2
10
EACH Replacement of Shrubs (1 gal.) per each
.................
EACH Replacement of Shrubs (5 gal.) per each
3
10
TOTAL
PRICE
UNIT (Quantity x
PRICE Unit Price)
$ 60.00 $ 1,800.00
$ 5.75 $ 57.50
$ 15.00 $ 150.00
$ 425.00
4 25
FLAT Replacement of Ground Cover per flat
_ a $ 17.00
5 35
EACH Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
i
j fittings, etc.? per each —$11...00
$ 385.00
6 35
EACH Replacement of Sprinkler Heads : Pop-up
type, 12" or over, including necessary
pipe, fittings, etc., per each
$15.50
$ 542.50
7 10
EACH Replacement of Sprinkler Heads : Rotor
type, under 12" including necessary pipe,
fitdags, etc., ;der each �
$ 15.00
$ 150.00
S 10
EACH Replacement of Sprinkler Heads : Rotor
type, 12" or over, including necessary
–[Pipe, fiitin&s, etc., -Per each
. $ 17.00
$ 170.00
9 5
EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe,
fittings, etc.,
per each
$ 9.00
$ 45.00
10 48
HOURS Cost of labor for irrigation system repair
for EXTRA woRK ger hour
$ 26.00
$ 1,248.00
TOTAL SUPPLEMENTAL
�)
$
ITEMS OF WORK SCHEDULE 1)_
4,973.00
. . TOTAL BID
BASIC BID + SUPPLEMENTAL
(A+B)
$
ITEMS OF WORK (SCHEDULE 1)
6.721.95
PAGE 3 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 1024 1.748.95
TOTAL CONTRACT -
SUMOF ALL SCHEDULES $ 61721.95
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 Fork 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.
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
April 1; 2018 except as previously noted, and shall continue in a good and worlananlike manner for the
term of the contract.
The undersigned further agrees that in case of default in executing the con tract, 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 LandsWe, Inc.
Busmss ADDRESS: _2456 Kern Street 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.
President: Joel lbarra
Sec -jag- Joel Ibarra
Treasurer: Joel lbarra
TelohoW No.( 9093 473-9066
Dated— January 29 220 18
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO. I
DATE:
ADDENDUM NO.2
DATE:
ADDENDUM NO.3
A! DATE:
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.
Agency of
Name & Address MBE/WBE
Under Which Certification
Subcontractor and Number Sub-Contractor Sub-Contract Specific
Licensed (If Applicable) Phone No. Amount Sub-contract
NIA
WORKER'S COMPENSATION INSURANCE
CER CATION .:.
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: 1/29/2018
(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)
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 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.
Inland Empire Landscape, Inc. _
Joel Ibarra- President
Signature of Bidder
2456 Kem Street San Bernardino, Ca 92407
Business Address
Place of P esidence
Subscribed and sworn to before me this ....29th _ .4ay of _Januar. 20jD.
SUSAN C. MONnON
Susan C. Monteon Notary Public in and for the County ofCommission NO. 2MI347
+ ' NOTARY PUBLIC-MtFOAN1A 15
wyCem�. r:q*n XLY 13.2021
...Riverside._ — _ State of California.
My Commission expires on._ Ju 13, _ _ ___ 2021 .
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
On January 29, 2018 before me,
Date
personally appeared
Joel Ibarra
SUSAN C. MONTEON
Commission No. 2201347
r> t, NOTAR.Y Pueuc-cnuFORM
&VERSIDE COUNTY
F4 Comm. EViM JULY 13.2M"
Susan C. Monteon
Insert Name of Notary exactly as it appears on the official seal
Neme(s) of Signer(s)
, Notary Public,
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(les),
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 f
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_.M—onteon
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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Number of Pages:
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Tide(s): ❑ Corporate Officer—Title(s): _
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact - ❑ Attorney in Fact RIGHT THUbIBPRfl�f�,
❑ Trustee ❑ Trustee OF S1GtqER
❑ Guardian or Conservator plofb Mhere ❑ Guardian or Conservator Top of thumb here
❑ Other ❑ Other:
Signer is Representing: Signer is Representing:
FORN OF INID BOND.
KNOW ALL NMN BY THESE PRESENTS, that we, the undersiped,.
Landscapp, Inc. rpal,
Developers Surety and Indemnity Company as Surety, an hereby and
-I ------------ rr-7 - -- - , ..., - ... . ........ . ......
firmly bound unto the, CIW. of San Bernardiao State of Nifolfi* to as "Obligee in the penal
W a ten Percent ( 0-0% l "d the total aurin i*of tin 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, executor., administrators,
successors and assigns.
THE CONDMON OF THIS OBLIGATION IS SUCH, THAT:
WREREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a pad hereof to enter into
a contract in writing, for the For. The Maintenance of A&LcLa L ndsp and A
-Rurte
a — nant Facilities
-p qqe _
In PortionsOf Assessment District No: 1024 - Area I
-- - — -------
(Copy here the exact title descripfion of work including location, as it appears on the B1d and'Con-UW D'ocuments)
far which bids are tobeopengdo.0 January 30, —2018
(Insert date of openings
NOW, ' THEREFORE,
9L If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Primilml shall execute a contract
in the Form of contract attached hereto (properly completed in accordw= with said Bid)
and shall furnish a bond for his faithbul performance of said contract,
and shall in all other respects per -form 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 sly understood oDd 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 staged.
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 BK- and said Surety does hereby
waive notice of any such extankon.
signed, this 2l th day of. January 208
IN WITNESS WHEREOF, the Principal and the Surety have hermato set their hands and seals, and awh 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 meftfloncd r% 1 0A
1q).and Empire Landscap Inc4sEAL)
Principal
By-
7ignatyre
Joel fbarra, President
Printed Name and Title
eye opers UIVLY an
InoggIffl
y_qq_pjppq__r_(SEAL)
Surety
B,SignatureA
Susan C. Monteon, Aftdrnev-in-Fact
Prriited Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form
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
On January 29 2018 before me, Janelie L. Tuominen_ NotaryPublic,
Date Insert Name or Notary exactly as it appears on the official seat
personally appeared Susan C. Monteon
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
L. Wit" person(s), or the entity upon behalf of which the person(s)
�
ty o acted, executed the instrument.
x 1 certify under PENALTY OF PERJURY under the laws of
CMS' the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.} `
Signature..-�
Place Notary Seal Aboveture of Notary Public
-- OIPTfONAL. -
Though the information below is not required by law itmay prove valuable to persons relying on the document
and could prevent fraudulent removal ana reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: - _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Titte(s):
rl ParfnPr f I Limited ❑ General
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General _
ttomey in Fact
rustee
uard is n or Conservator Top of thumb here
ether.
er is Representing:
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.
. .... .....----......... _i
STATE OF CALIFORNIA
County of Riverside
On January 29, 2018
Date
before me, Susan C. Monteon
personally appeared _ Joel Ibarra
SUSAN C. MONTEON
�t �= Commission No. 2201347
Z `��'� �• NOTARY PUBLIC -CALIFORNIA
RNERSIDE COUNTY
Comm. Erpkn JULY 13, 2021
Place Notary Seal Above
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
, Notary Public,
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 helshelthey
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 is true
and correct.
Witness my hand and official seal.
Signature ,A_,(2
ignature of Notary Public guwnC.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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEM N[TY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
""Susan C. Monteon, Janeile L. Tuominen, jointly or severally—
as their true and lawful Attorney(s)-fn-Fact, to make, execute, delMer and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attarney(s)-in-Fact full power and authortly to do and to perform every act necessary, requisite, or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations fun power of substitution and revocation, and all of the acts of saki Attomey(s)-in-Fact, pursuant to these
presents, are hereby notified and confirmed.
This Power of Attorney is granted and is signed by facsimile under end by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2006.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vkre-President, Senior V•Ics-President or any Vice President of the
corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017.
w
By; _ •! - 'gl <y AND +•,� w O
Daniel Young, Senior Vice -President r' o,�f• ~•ti �� f
0
By. Mark Lansdon, Vice -President
0 oil
A notary public or other officer completing this certfficate 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 Califomia
County of Orange
On _ Februa,y6.2017 _ before me,
Oats
personally appeared
LUCILLEVvkj iD '
Commission # 2051945
Notary Public • Calllorufa
Cranpe County i
M Comm. E91res CCt 13.201
Place Notary Seal Above
Lucille Re mond WE . Public
Here loser! Name and Td a or the omoer
Daniel Young and Mark Landon
NWe(s)ar5lgaer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within Instrument and acknowledged to me that helshonay executed the same in hislherltheir authorized
capacfty(les), and that by hislherhheir 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 is
true and correct.
WITNESS my hand and official seal.
Signature _ —. _
LudW '7'-Y- ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNrry' COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in fug force and has not been revolted and, furffiermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 29th day of January 2018. ��v AND ry Qr� g
By: . ` ° �' `1936
ft#il As�irtt .i�T
'y
N. rr oa;"rra�=
* • ,�.
ATS -1002 (02/17)
?ART 11
S?ECIAL 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:
AYenc�/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.
Laborator - 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.
Land sccaa. �e 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_EODUIPMENT -- 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 RE. UIREMENTS 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
SP -3
and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the
submission of bids.
(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.
z_A 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 $500 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.
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.htnil
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.
IM
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.
SP -9
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.
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 PERAHTS & LICENSE -- The Contractor shall obtain a City Business Registration prior to
execution of the contract.
SP -10
1lEOHD6 CERTIFICATE OF INSURANCE 02/1+ 5/98
PRODUCER
THIS CERTIFICATE ISSUED AS A MATTER OF WORMATION ONLY AND
COVERS NO RIGHTS UPOK THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEN1% EXTEND OR ALTER THE CONRAGE
COMMERCIAL ASSOCIATES INS, INC
1226 EAST LA PALMA AVE
COMPANIES AFFORDING COVERAOE
COGIVANY
ANAHEIM, CA 92807
I I . w. r n n • n e n r n s n e n
A CNA—TRANSCONTINETAL
3N&U=
COMPANY
B CNA—VALLEY FORGE
INLAND LANDSCAPING SERVICES
COMPANY
3000 CALIFORNIA STREET
C CHUBB GROUP—FEDERAL INSURANCE
COMPANY
SAN BERNARDINO, CA 92407
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 REQUIREIIAW, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLgdMW YYTTH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THE INSURANCE AFFORDED BY THE FOLIC" DESCRIBED M91EIN IS SLM ECT TO ALL
THE TERMS, EQCLULSIONS AND CONDITIONS OF S" POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
TYPE OF I IRIPANCE
POLICY NUMBER
POLICY EFFECTNE
POLICY EXPIRATION
LIQ$ --
LTR
DATE I:t61 MDI
DATE WNY/IDDS
GENERAL LIABILITY
GENERAL AGGREGATE s2,000,000
FRODUCTS440POPAM s 1,000,000
7ti
S c IALOENIMLLLgBbJn
PMB 111011 LA ADV KJURY 11,000,000
cuse MADE ® OCCUR
g102'2,07576S�
75765
02/01/98
02/s?:/9c
►ocCaRMCE s1,000,000
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JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: AD 2000, CONTRACT 9898
BELOW NAGS AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIRCATE HOLDER CANCELLATT{rIH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEILEO BEFORE THE
THE CITY OF SAN HERNP_RDINO
EXPIRATION DATE THEREOF, THE1SSUNG COLIIPANYWLL Ni+A3 M6Astr MdML
DEPARTMENT OF DEVELOPMENT SERVICES
flAYIl RITM NOTICE TO THE CERMCATE HOLDER NAtAFEE TO THE LEFT.
PUBLIC WORKS DIVISION
or' IRA 1011a I Racal
300 NORTH "D" STREET
Au_nt== EMWTAUvEE �
J ni�A'V J t7L .710
SAN BERNARDINO, CA 92418-0001
ACORD 25-S (1186} ACORD CORPORATION 1888
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
290 NORTH "D" STREET
SAN BERNARDINO, CA 92401
(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 BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY
ALSO SUPPLY POWER OF ATTORNEY GIVING A UTHORITY TO BIND
CG 20 10 1185
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 6-1) 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.
6-1) 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
SP -13
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 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 may be 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
SP -14
allowed therefore.
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.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
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 and as specified in this Section of these
Special Provisions. Exceptions may be made to normal working hours (7:30 a.m. to 4:30 p.m.) where
incidence of use may be too great during the hours specified to allow for proper maintenance. The
Inspector may grant, on a case by case basis, permission to perform contract maintenance at other
hours.
7-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.
7-114. 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.
SP -16
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
way
Fertilization - (small trees,
shrubs, ground cover)
Fertilization - (turf)
Weeding Slopes (all debris to
be removed- Slope Areas are
as shown on Plan)
Every two months (areas adjacent to sidewalks & right of
-as needed)
Semi-annually
Quarterly
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)
Washing walks/Median Hardscape
Concrete Drainage channels cleaned
Spraying pre -emergent
Spraying for weeds
Turf mowing
Turf edging
Turf trimming *
Turf aerification
Turf renovation **
Overseeding
Pest control on trees
Leach Irrigation ***
(min. 12" of water)
Weekly
Monthly
As needed
Quarterly
As needed
Weekly
Weekly
Weekly
Annually (before July 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
As needed
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 of City's acceptance of said improvements. However, the cost of maintenance shall not exceed the
SP -18
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.
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:
9-11 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
SP -22
the Contractor of his responsibility. In the event of a failure of any irrigation component that would
prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until
the repair and/or replacement is accomplished.
9-G In those 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-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 Cit,. Inspector
immediatel-, before making ari such re airs by callinL, 384-5111___d� 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
SP -23
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.
I1 -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. Notif\ the Inspector 2-3 days before application and submit bad; 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 with out 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
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spread as to achieve a neat appearance.
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".
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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
PLUS)
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.
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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.
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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 notiii the Inspector 48 hourimor to an` ; runin. .
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".
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CGNTRACT
AGREEMENT
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AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this day of
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
MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
(SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), 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.
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 term and conditions
herein contained and referred to, for the prices as set forth in the successful bid, and hereby contracts to
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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
Director of Public Works
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
CONTRACTOR
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands
the year and the date first above written.
CONTRACTOR
Name of Firm:
ffn
CITY OF SAN BERNARDINO
_.._
ANDREA M. MILLER, City Manager
City of San Bernardino
TITLE: ATTEST:
MAILING ADDRESS:
PHONE NO:
mm
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GEORGEANN HANNA,
City Clerk
Approved as to Form:
GARY D. SAENZ, City Attorney