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HomeMy WebLinkAbout2018-0871 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-87 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO RP LANDSCAPE & IRRIGATION FOR THE MAINTENANCE OF LANDSCAPE AND IRRIGATION SERVICES FOR 31 CITY -OWNED SITES IN THE AMOUNT OF $206,975.00, 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. RP Landscape & Irrigation is the lowest responsible bidder for Maintenance of Landscape and Irrigation for 31 City Owned Sites, per Plan No. 13178. A contract, attached hereto as Exhibit "A" and incorporated herein by reference, is awarded accordingly to said bidder in an annual amount of $165,580.00 to be prorated for a total of $206,975.00 for the initial term beginning on April 1, 2018, through June 30, 2019. All other bids for said contract, therefore, are hereby rejected. SECTION 2. The City Manager is hereby authorized to execute said contract. SECTION 3. This contract may be extended by the City Manager for two additional one year terms in the manner and on the terms set forth in the contract. SECTION 4. The above authorizations are rescinded if the parties to the contract fail to file a fully executed copy of said contract with the City Clerk with in sixty (60) days of the passage of this Resolution. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO RP LANDSCAPE & IRRIGATION FOR THE MAINTENANCE OF LANDSCAPE AND IRRIGATION SERVICES FOR 31 CITY OWNED SITES IN THE AMOUNT OF $206,975.00, 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 21St day of March 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS X X X ABSTAIN ABSENT Georgeann hl6ma, CMC, ity Clerk The foregoing Resolution is hereby approved this 21" day of March 2018. Approved as to form: Gary D. Saenz, City Attorney By: 2 u� . -�. .. R. Carey Davi;iaidino ayor City of San Be 4 NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for: MAINTENANCE OF LANDSCAPE & IRRIGATION FOR 31 CITY OWNED SITES It is the intent of these Technical Specifications that the maintenance of landscaping and irrigation systems shall be adequate to maintain the landscaping in a healthy and operational manner. All services shall be of a quality and manner of high caliber, consistent with the standards of the industry as determined by the Director of Public Works or his designee. Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 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_._ Januar 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 furnished by the City. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof .The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California SP -1 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 Annual Landscape Maintenance contract will be for the period of December 1, 2017 through June 30, 2018. The contract term is for one year, with the option of renewable for up to a maximum of two (2) additional one year periods by mutual agreement between the Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such renewal. A Mandatory Pre -Bid meeting will be held on 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 City owned sites, the field review may be continued the following day, at 9:00 am, at the office of the City Engineer, Second Floor, 201 North "E" 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 fame 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 firth performing the work), and copies of certificates for chemical applications from the County of San Bernardino. Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY's website at: www.ei.san-bemardino.c&us/services/rocluest for bids/public works/default.asp. Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon request, a CD of SP -2 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 firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. The Contractor shall possess a Class C-27 License at the time the contract is awarded. The Contractor shall furnish all equipment and supplies required to perform the specified items of work and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and healthy condition. Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of personnel and the names and telephone numbers of three (3) references for projects of a similar nature. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office 2nd Floor, San Bernardino City Hall 201 North `B" Street San Bernardino, CA 92401 Attention: Jim Gondos Tel: (951) 377-0173 Fax: (909) 384-5190 E-mail:o� Ja@sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. NOTICE TO ADVERTISE SPECIFICATION NO. 13178 SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN DATE: 01-03-2018 & 01-08-2018 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE__ CITY OF SAN BERNARDINO City Clerk FILE NO.:1.0088 ACCT. NO: 126-400-5502-0088-0025 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 13178 FOR MAINTENANCE OF LANDSCAPE & IRRIGATION FOR 31 CITY OWNED SITES DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO OCTOBER, 2017 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 PM ON JANUARY 30.2018 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The `BID and CONTRACT DOCUMENTS" for this project consists of five (4) parts as follows: PART I — Administration PART Il — Special Provisions - General Instructions To Bidders Technical Instructions APPENDIX - Apprenticeship & Recycle Standards CONTRACT AGREEMENT The above 4 parts are bound together in one (1) manual titled "BID AND CONTRACT DOCUMENTS" TABLE OF CONTENTS PART I ADMNISTRATION NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS BID DOCUMENTS A-1 IB -1 BID FOR UNIT PRICE CONTRACT B-1 SCOPE OF WORK B-3 BID FORM B-4 BID SCHEDULE B-5 BIDDER'S INFORMATION AND SIGNATURE & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON -COLLUSION AFFIDAVIT C-5 GENERAL PROVISIONS PART II 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 S - 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 APPENDIX 31 CITY OWNED LOCATIONS LIST APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for: MAINTENANCE OF LANDSCAPE & IRRIGATION FOR 31 CITY OWNED SITES It is the intent of these Technical Specifications that the maintenance of landscaping and irrigation systems shall be adequate to maintain the landscaping in a healthy and operational manner. All services shall be of a quality and manner of high caliber, consistent with the standards of the industry as determined by the Director of Public Works or his designee. Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 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 TuesdaN . 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 furnished by the City. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 of the California Government Code and Section 10263 of the California Public Contract Code. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, national origin, sex, age, or marital status as set forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Annual Landscape Maintenance contract will be for the period of December 1, 2017 through June 30, 2018. The contract term is for one year, with the option of 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 Mandator% Pre -Bid meeting will be held on Tuesday. 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 City owned sites, the field review may be 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: 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 CffY'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 Engineer's Office 2nd Floor, San Bernardino City Hall 201 North "E" Street San Bernardino, CA 92401 Attention: Jim Gondos Tel: (951) 377-0173 Fax: (909) 384-5190 E-mail: gondosia(@,sbci ,r.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. 13178 SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN DATE: 01-03-2018 & 01-08-2018 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE _ _ _ _ . DATE_ _ -- CITY OF SAN BERNARDINO City Clerk INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. ReceiG t and Ooenige of Bids The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the CITY at the Office of the City Engineer, 2nd Floor of City Hall until 2:00 p.m.. Tuesdal, January 30. 2018, and then publicly opened and read aloud in the City Engineer's Conference Room, 3'd Floor of City Hall. All bids shall be delivered to the City Engineer's Office, Second Floor, City Hall, 201 North "E" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope for the following project: PLANS & SPECIAL PROVISIONS NO. 13178 MAINTENANCE OF LANDSCAPE & IRRIGATION FOR 31 CITY OWNED SITED The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 calendar days after the actual date of opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed bid document forms and accompanied by the required bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in ink or typewritten, with unit prices both in words and figures, and all contract documents must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and mailed in sufficient time to reach the City Engineer's Office, 2nd Floor of City Hall prior to the day and hour of the scheduled Bid Opening. Ra 3. Subcontracts The bidder is specifically advised that for any person, firm, or other party, to whom it is proposed to award a subcontract under this contract, the following applies: a. Must be acceptable to the CITY, and; b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the proposed subcontract award cannot be given by the CITY unless and until the proposed subcontractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirement to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Withdrawal of Bids A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 5. Oualifications of Bidder The CITY may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. MA 6. Bid Security Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 7. ILiquidated Damages for Failure to Enter Into Contract The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the CITY, as liquidated damages for such failure or refusal, the security deposited with his bid 8. Time of Completion and Liquidated Dama+es Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the CITY and to fully prosecute the work for the term of the contract, except as otherwise specifically provided. Time is of the essence of each provision of this agreement, which specifies a time within which performance is to occur. In the absence of any specified time frame for performance, performance shall be made within a reasonable time. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work Each bidder must inform himself fully of the conditions relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 10. Obligation_ of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. 11. Addenda and Interpretation No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Engineer, City Hall, 201 North "E" Street, 2nd Floor, San Bernardino, California, 92401- 0001; and to be given consideration, must be received at least six(6) working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contract", in PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY. 13. Power of Attornev Attorneys -in -fact who sign bid bonds or payment and performance contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of PART I and PART II of the SPECIAL PROVISIONS which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances 15. Laws and Reculations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work and read the accompanying instructions to bidders and the entire contract documents and hereby proposes to furnish any and all required labor, materials, transportation and service for: THE MAINTENANCE OF LANDSCAPING OF 31 CITY OWNED SITES Listed in this Special Provisions 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: PLAN NO. 13178 BASIC BID SCHEDULE DESCRIPTION OF ITEMS Maintenance of plants, shrubs, groundcover, turf, trees and irrigation system at the lump sum price of: ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT TOTAL PRICE ANNUAL _ PRICE 1 433,680 Sq. Ft. Lump Mt View Medians LS $ Sum 2494 Mt View Ave (LS) 2 j 58,710 Sq. Ft. LS Muscupiabe Medians . LS $ LS 1107 Marshall Blvd Broadmoor Ave Medians 3 85,320 Sq. Ft. LS $ 3200 Broadmore 4 67,880 Sq. Ft. �LS Theatre Square LS $ 500W0St -_---l44,333 LS Carousel Mall LS $ Sq. Ft. r5 500 W 2°a St 6 337,452 Sq. Ft. LS Edison Greenbelt LS $ 1930 College Ave 7 690 Sq. Ft. LS Morgan & State LS $ 1603 State St 8 24,902 Sq. Ft. LS Kendall Drive Parkway LS $ 1626 Kendall 60,073 Sq. Ft. LS J Northpark Blvd Medians 9 LS $ 1,391 Sq. Ft. LS 750 Northpark Blvd Palmyra Islands 10 LS $ 123 E Palmyra 11 6,162 Sq. Ft. LS Congress Medians LS $ 1357 Congress 12 8,450 Sq. Ft. LS Inland Center Medians LS $ 700 W Inland Ctr. 13 40,719 Sq. Ft. LS Inland Center Drive Walkway LS $ 900 Inland Ctr. Dr. 14 26,991 Sq. Ft. LS _ ---- ........ .... r Mill & G St Medians _ _... LS $ _ 600 B lk "G" St 15 710 Sq. Ft. LS ..... .... Mt Vernon Medians LS i $ 703 S Mt Vernon 16 72,680 Sq. Ft. LS Orange Shaw Medians LS $ L. 1100 E Orange Show 17 52,750 Sq. Ft. LS _ .... ---- ----- ....... ... Waterman Ave Medians - �.... LS .... .__... ......... $ 1500 S Waterman 18 29,900 Sq. Ft. LS 30°' Street Parkway LS 597 E 30" St 19 12,231 Sq. Ft. LS .Highland Ave Medians LS 13,440 Sq. Ft. 4002 E Highland LS Valencia Medians 20 LS 2600 Valencia i 21 21,160 Sq. Ft. LS Windsor Drive Medians LS 1286 Windsor LS 2n St & "E" St Medians 22 12,830 Sq. Ft. LS 7502 nd St & 201 S `°E" St LS 3" & 4" St Medians 23 2,979 Sq. Ft. LS 743 W 4`h St 24 10,725 Sq. Ft. LS Parking Lot #1 LS 450 North "F" St Parking Lot #2 ! LS 25 ! 14,750 Sq. Ft. LS 512 West 5a' St Parking Lot #3 26 12,450 Sq. Ft. LS LS 402 North "D" St 27 22,150 Sq. Ft. LS Parking Lot #4 LS 455 North "D" St _ 28 64,600 Sq. Ft. LS Juan Pollo/Dons Drugs Parking LS Lot i 1248 West 5d' St 29 1,275 Sq. Ft. LS Woolworth Building - LS We 1 30 23,450 Sq. Ft. LS Church Street Parking Lot 7 LS 560 North "D" St 27,525 Sq. Ft. LS 31 Armory 296 East 3rd St LS Com any Name Contact Name Date Signature La $ 7 180 Each SUPPLEMENTAL ITEMS OF WORK $ ITEM ESTIMATED UNIT DESCRIPTION OF ITEMS UNIT TOTAL PRICE QUANTITY PRICE (Quantity x 145 _ Each Replacement of Trees (15 gal) per $ Unit Price) $ 1 _ $ 2000 Each each Replacement of Shrubs (1 gal) per $ $ 2 800 Each each Replacement of Shrubs (5 gal) per $ ................... $ 3 250 Flat each Replacement of Ground Cover - $ $ 4 400 800 Each pper flat ....... - - - _ _ Replacement of Sprinkler Heads: $ _.� $ 5 Shrubbery type, including Pop-up type, under 12", including 3 necessary pipe, fittings, etc., per necessary pipe, fittings, etc., per ! each Each each Replacement of Sprinkler Heads: $ $ 6 1250 Cost of labor for irrigation system $ $ Pop-up type, 12" or over including repair for EXTRA WORK per necessary pipe, fittings, etc., per Square hour ! Cost of spraying Round -Up for $ $ each 7 180 Each 1 Replacement of Sprinkler Heads: $ $ Rotor type, under 12" including necessary pipe, fittings, etc., per 75 Each each .... .. Replacement of Sprinkler Heads: $ _ $ 8 Rotor type, 12" or over, including necessary pipe, fittings, etc., per each 9 400 Each ! Replacement of Sprinkler Heads: $ $ Shrubbery type, including 3 necessary pipe, fittings, etc., per each 10 480 Hours Cost of labor for irrigation system $ $ repair for EXTRA WORK per Square hour ! Cost of spraying Round -Up for $ $ 11 125,000 Foot weed control in Extra Landscape .......... Cubic Areas Cost of Adding recycled mulch in $ $ 12 300 Yard planters Square Replacement of Turf $ $ 13 2000 Foot Total Cost Coml)any Name Date BID NOTES: Contact Name Signature 1. The total price must be extended for each item of work and the total of all items inserted in the space provided. 2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work. 3. An estimate of the square footage involved in each Basic Bid item has been provided to assist the Contractor but are not to be construed as actual quantities. The Contractor, by submitting bid, has satisfied themselves of the actual character and quantity of work and the price bid will be for the lump sum unit price. 4. An estimate of the quantities involved in each Supplemental Items of Work item has been included for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit price for increased or decreased quantities. BIDDER'S INFORMATION AND SIGNATURE It is the understanding of the undersigned that the work hereinabove described shall be commenced on, Jab L 2018 except as previously noted, and shall continue in a good and workmanlike manner for the term of the contract. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. CLASSIFICATION FIRM NAME: BUSINESS ADDRESS: SIGNATURE OF BIDDER: ... ........... If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. Teles hone No. Dated , 20. BIDDERS ACKNOWLEDGEMENT OF ADDENDUM: ADDENDUM NO.1 DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: 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 Licensed (If Applicable) Sub -Contractor Sub -Contract Phone No. Amount Specific Sub -contract WORKER'S COMPENSATION INSURANCE CERTIFICATION I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM: RVA TITLE: ._ ..... DATE: (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid) NON -COLLUSION AFFIDAVIT To the City of San Bernardino, State of California, Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: The he 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. Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of _.__220 Notary Public in and for the County of State of California. My Commission expires on , 20 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the City of San Bernardino . State of California, hereinafter referred to as "Obligee" in the penal sum of ten percent( 0% ) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the ( Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto (properly completed in accordance with said Bid } and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension. Signed, this day of , 20 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. Principal (SEAL) (SEAL) Surety By: By: Signature Signature Printed Name and Title Printed Name and Title NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. MBE/WBE INFORMATION - GOOD FAITH EFFORTS The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women Business Enterprise (WBE) Goal of 5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names ofMBEIWBE Initial Solicitation Follow Up Methods Solicited Dates and Dates C. The items of work which the bidder made available to MBE/WBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WBE funis. Items of Work Breakdown of Items D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work (please attach copies of quotes from the firms involved): Firms Rejected Firms Selected E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBEs: F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using certified MBEs/"E firms (please attach copies of requests to agencies or organizations, and any responses received, i.e., lists, Internet page download, etc.): Nance of Method /Date Results Agency/Organization of Contact of Contact H. Any additional data to support a demonstration of good faith efforts ( use additional sheets if necessary): BIDDER'S FIRM NAME REFERENCES Date: The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Public Agency's Contract Name, Title Name & Address Type of Project Contract Amount Date Completed & Phone Number 1. 2. 3. PART 1,_i � I SIROW SIONS i- ECIAt., I 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: A;.-ency/Owner - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. Engineer - The City Engineer, Department of Public Works for the City of San Bernardino or authorized designee. Inspector - Authorized designee of the Engineer. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Notice Advertising for Bids - Notice Inviting Bids. Standard Specifications - Standard Specifications for Public Works Construction, current edition. Landscape Cost Reference - "Landscape Cost Estimating" by Colton, current edition. Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions" in the Standard Specifications. In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and these Special Provisions, the SpecialProvisions shall take precedence over and be used in lieu of such conflicting portions. 1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the responsibility of the City and is not a part of this contract. 1-D TOT LOT EQUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if any, shall be the responsibility of the City and is not a part of this contract. SP -1 SECTION 2 BID REQUIREMENTS AND CONDITIONS 2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if his bid is approved and the Mayor is authorized to execute the contract. In the event the bidder whose bid is approved refuses to execute said contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. 2-11 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution No. 95-409 by the mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15% MBE and 5% WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP -2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reach out 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. (b) 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 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 frilly executed by both the Contractor and City. 3-B CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may deposit with the City a cash amount equal to $500 or ten percent (101/o) of the total amount bid for the first year's maintenance, whichever is greater. The amount so deposited shall be retained by the City of San Bernardino and will be returned to the Contractor upon completion of the term of the contract. There will be no interest paid to the Contractor on the amount so deposited. 3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works. 3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into compliance with the specifications set forth herein, within a time frame as determined by the Inspector, but not to exceed 90 days. SP -5 SECTION 4 SUPERVISION OF WORK 4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and performance report relative to the project area. Contractor and Inspector shall meet at least once each month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion. 4-B INSPECTIONS -- An inspection form will be completed by the Inspector every week.. Any items noted not to be in compliance with the specifications will be discussed immediately with the Contractor's on site representative. Correction of these items shall be accomplished as set forth at Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall constitute sufficient grounds for further action, up to and including termination of the contract. Contractor or his representative shall also meet once each week on site for field inspections with the Inspector to discuss and sign said inspection report. Failure on the part of the Contractor to meet at the designated time and place will result in a 10% reduction in the monthly contract payment for each occurrence. 4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking responsible representative of the Contractor shall be designated in writing at the time this contract is executed by the Contractor. This representative shall be considered as an agent of the Contractor with authority to receive official notices and make binding agreements on the prosecution of the work. The Inspector shall be given 5 days prior written notice of a change in such representative. 4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the Contractor's personnel, and shall be so attired at all times, including all necessary safety attire, equipment, and vehicles, which shall also bear the Contractor's State License number. 4-E ENFORCEMENT OF NON-COM_ PLIANCE -- 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-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors before execution of the contract. 5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by references as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General prevailing wage rates in the county in which the work is to be done have been determined by the "Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. These wages are available from the California Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. SP -8 The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be required by Inspector in the event of a problem becoming evident. 5-D SAFETY REQUIREMENTS -- All work performed under this contract shall be performed in such manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909) 384-5111. 5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals approved by the State of California, Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California Registration No. and Chemical Abstract Service No. (Case 4), 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 RE,. UIREMENTS -- 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 PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution of the contract. SP -10 ACOBDo CERTIFICATE OF INSURANCE PRODUCER COMMERCIAL ASSOCIATES INS, INC 1226 EAST LA PALMA AVE ANAHEIM, CA 92807 w n w n INLAND LANDSCAPING SERVICES 3C00 CALIFORNIA STREET SAN BERNARDINO, CA 9-2407 DATE (NMf MD) 02/15/98 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE COMPANIES AFFORDING COVERAGE COMPANY A CNA—TRANSCONTINETAL COMPANY B CNA—VALLEY FORGE CDwim C CHUBB GROUP—FEDERAT, INSURA14CE COMPANY D 4tyrjg.ACsG7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO .TR TYPE OF EMRANCE POLICY NYYBER POLICY EFFECTNE DATE INOWI D) POLICY EXPIRATION DATE (MWYYIDD) LIMITS MW exp W6Y aw pmom S 5,000 GENERAL LIABILITY .... OENERALAGGREGATE s2,000,000 ERCL GENERAL LIABILITY x COMMLA CLAMS wwE NO OCCUR OWNEWS&CONTRACTOR-fPROT' 102=575765 02/01/98 0�/O:195 PR ODLICTS.COrPMPAGG $1,000,000 PERSONAL& ADV INJURY $1,000,000 EALMOccuRExcE *1,000,000 TOB LOCATION: ALI CALIFORNIA OPERATIONS OF THE NAMD INSURED RE: AD 3000, CONTRACT 9898 BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIScD POLICIES BE CANCELLED GEFORETHE THE CITY OF SAN BERNARDINO EXPPRATIONDATE THEREOF. TME ISSUING COV,PANYWILL a4Ww M0WW4-MAIL DEPARTMENT OF DEVELOPMENT- SERVICES L"YSWRIT3ENNOTICE TOTHE CERTIFiCATEHOLOERNAVESTOTHE LEFT BYT�AILUTiP TQ fMiV CY"1I IKiTI(-G Bi1Ni IMii7"J4i' PUBLIC WORKS DIVISION ."Z,; ^ sca -•�-sc�a=sccsrs:.r=.�^ 300 FORTH "D" STREET SAN BERNARDINO, CA 92418-0301 AVT�I�oaEPRE AS+vE_� ACORD 2" 0)SQ _/ O�WV !f'u4I0 ACORD CORPORATION IM FVMDAMAGEIArwmwfiral $ 50,000 MW exp W6Y aw pmom S 5,000 .... — AUTOMOBLE LIABILITY COMBINED BRIOLELIMIT S 1, 000, 000 ANY AUTO �[ ALL OWNED AUTOS -. _.... - BODILY amoral s B X SCHEOULEDAUTOS iC HIRED AUTOS f BODILY INJURYnQ % NON -OWNED AUTOS SAP 5197135 0-2/01/98 /01/99 (PK aoelae PROPERTY ACCIDENT S GARAGE LIABILITY AUTOONLY.EA ACCIDENT ANY AUTO - ..•.,:r EXCESS LIABILITY �cI AT S Ai ATE UMBRELLA FORM f >< ---� OTHER THAN BIB3RELLA FORM — .—. .. — S n•, . AC.F O aS- WORKERS COMPENSATION AND EMPLOYER'B LLMLITY EL EACH ACCIDENT S THE PROPRIETORI PARTNERSIEXECUTNEINCL EL DISEASE. POLICYLIIR = EL DISEASE• EA EMPLOYEE S OFFICE RB ARE: EJICL OTHER TOB LOCATION: ALI CALIFORNIA OPERATIONS OF THE NAMD INSURED RE: AD 3000, CONTRACT 9898 BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIScD POLICIES BE CANCELLED GEFORETHE THE CITY OF SAN BERNARDINO EXPPRATIONDATE THEREOF. TME ISSUING COV,PANYWILL a4Ww M0WW4-MAIL DEPARTMENT OF DEVELOPMENT- SERVICES L"YSWRIT3ENNOTICE TOTHE CERTIFiCATEHOLOERNAVESTOTHE LEFT BYT�AILUTiP TQ fMiV CY"1I IKiTI(-G Bi1Ni IMii7"J4i' PUBLIC WORKS DIVISION ."Z,; ^ sca -•�-sc�a=sccsrs:.r=.�^ 300 FORTH "D" STREET SAN BERNARDINO, CA 92418-0301 AVT�I�oaEPRE AS+vE_� ACORD 2" 0)SQ _/ O�WV !f'u4I0 ACORD CORPORATION IM COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET SAN BERNARDINO, CA 92418-0001 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. NOTE. MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY ALSO SUPPLY POWER OF ATTORNEY GIVING AUTHORITY 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-D EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless the extra work is done for a negotiated price. Prior approval shall be obtained in writing from the Engineer, or his designee, before performing any extra work, except for urgently needed repairs to the irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of material invoices and rental receipts, if any, as backup for the amount charged Extra Work includes repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall make final determination if work needed is due to vandalism or contractor's negligence. SP -13 6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to Contractor's negligence shall be classified as Supplemental Items of Work. All supplemental work performed shall be as directed by the Inspector and then Engineer. The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be made in the contract unit price for increased or decreased quantities of Supplemental Items of Work. 6-F PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations. 6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance elements of the maintenance contract. The Inspector will be responsible for checking the performance of the Contractor to the established standards and reporting any lack of maintenance to the Engineer. The Contractor will be notified of any maintenance failure and will have a reasonable amount of time, as determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If after said reasonable amount of time the problem has not been resolved, a formal notice of noncompliance will be sent to the Contractor with a specific target date to resolve the problem. If the problem is still present on the specific target date, the Inspector will notify the Engineer who will have the option of terminating the contract and re- advertise for a new contractor. The necessity of sending more than two (2) formal notices to the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for termination of the contract. In such event, then the amount of cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by the Agreement. 6-H HOURS OF LABOR -- The Contractor shall conduct his operations during the hours specified in Section 7-B-2. 6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a company identifying marker. The Inspector may require the Contractor to immediately remove from the work site any employee(s) observed to pose a threat to the public and whose continued employment on the job is contrary to the best interests to the City. The Contractor shall assign an English speaking responsible Foreman, who 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. SP -14 Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 64 ATTORNEY'S FEES -- The prevailing parry 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 (6:00 a.m. to 5:00 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-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning and other infrequent operations shall be furnished to the Inspector at least five (5) working days in advance of performing these operations. SP -16 7-5-5. 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 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 * 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 unit price awarded under this contract. (i.e. same cost for irrigation components as awarded in this SP -18 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 _ELMMATED/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. 8-1) 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 b -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-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion. 9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types, seasons and weather conditions. 9-G4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. 9-13 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 Cith Inspector immediatel• before makin_ any such r:: _airs b _ callirn, 384-5111 during, workina 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. 11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Inspector or based on the results of the soil testing and at the times specified below (or as otherwise directed by Inspector): July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain optimum spread. Notii G' the Inspector 2-3 dad s before application and submit baa taj. 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 (Y 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 out no higher than three (3) inches, or as otherwise instructed by the Inspector, but no more than 25% of existing growth to be removed in any one mowing. 12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing frequency. 12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days prior to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care should be taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation process has taken place. 12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a minimum of 75% germination will require reseeding by the Contractor at no extra cost to the City. 12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled immediately prior to the July fertilization. Under adverse conditions or as a result of high use where turf is suffering from compaction, aerification may be necessary at more frequent intervals at no additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Inspector. A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days prior to beginning work. 12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event of the mulch -mowing as provided under Section 12-B, all clippings must be adequately fine-cut and spread as to achieve a neat appearance. SP -27 12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of work. 12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed and shall be installed as directed by the Inspector. The unit price paid for replacing turf shall include all items of work involved in removing and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP -28 SECTION 13 SLOPE/BANK/DRAIN MAINTENANCE 13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed weekly. AREAS TO BE MAINTAINED AS "SLOPES AREAS". IF ANY. ARE DELINEATED ON SAID PLANS). 13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be maintained as stated in these Special Provisions. 13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned as needed. SP -29 SECTION 14 WEED CONTROL 14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians, undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained as such for duration of contract. This shall also include weekly trash and litter pick-up. 14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished within each seven (7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks. SP -30 SECTION 15 TREES 15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a part of this contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said program is the selective and natural approach to pruning of all trees on site and includes pest and disease control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of the Inspector any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in some manner, a safety hazard. Contractor shall notify the Inspector 48 hours prior to any nrunin . 15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball. 15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Inspector. 15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by the contractor, shall be classified as supplemental items of work. 15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and disease control, shall be at Contractor's expense. 15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic bid price for tree maintenance. 15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section. The unit price paid for replacing trees shall include full payment for all work involved in furnishing and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". SP -31 APPENDIX SP -32 31 CITY OWNED LOCATIONS LIST SP -33 MA MENANCE SCHEDULE MOWING AND SERVICE SCHEDULE: The following sites will require landscape service once every week year round. Locations 1. Mt, View Medians 2494 Mt View Ave 2. Muscupiabe Medians 1107 Marshall Blvd 3. Broadmore Avenue Medians 3200 Broadmore 4. Theatre Square 500 West 0 St 5. Carousel Mall 500 West 2nd St The following sites will require landscape service 2 xs per month year round. Locations 1. Edison Greenbelt 1930 College Ave 2. Morgan & State 1603 State St 3. Kendall Drive Parkway 1626 Kendall 4. Northpark Blvd Median 750 Northpark Blvd 5. Palmyra Islands 123 East Palmyra 6. Congress Medians 7. Inland Center Medians 8. 9. 15. 16. 17. Inland Center Drive Walkway Mill & G Street Medians Mount Vernon Median Orange Show Median Waterman Avenue Medians 30th Street Parkway Highland Avenue Medians Valencia Medians Windsor Drive Medians 2nd Street & "E" Street Medians 1357 Congress 700 West Inland Center 900 Inland Center Drive 600 Block "G" St 703 South Mt Vernon 1100 East Orange Show 1500 South Waterman 597 East 30th 4002 East Highland 2600 Valencia 1286 Windsor 7502 nd St & 201 North "E" St SP -34 18. Yd & 4d' Street Medians 743 West 4' St 19. Parking Lot #1 450 North "F" St 20, Parking Lot 42 512 West 5't' St 21. Parking Lot #3 402 North "D" St 22. Parking Lot 44 455 North "D" St 23. Juan Pollo/Dons Drugs Parking Lot 1248 West 5d' St 24. Woolworth Building 1248 West 5'h St 25. Church Street Parking Lot 560 North "D" St 26. Armory 296 East 3rd St *All locations are exact or located within the site locations. The following items of work shall be performed by the contractor at time of service: Pickup of litter and debris, to include emptying litter receptacles Irrigation test and repair Weeding (all shrub/planter beds, curb gutter and sidewalk beds) Raking beds Shrub/planter bed edging Pruning shrubs Hedges Sweeping/blowing walks (after mowing & edging) Spraying for pre -emergent Spraying for broadleaf weeds Lawn mowing Lawn edging Pest and disease control SP -35 APP R EN' IC E SH P PROGRAM PUBLIC WORKS C 0NSTT.lU' 5 "0N SP -36 CONTRACT AGREEMENT SP -37 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of , 20_, between the City of San Bernardino, (hereinafter "City") and , (hereinafter "Contractor"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bond as deposited with the City, Contractor agrees with the City, at his own proper cost and expense to furnish any and all required labor, materials, and transportation as set forth in the Special Provisions to be furnished by City, necessary to complete in good workmanlike and substantial manner the MAINTENANCE OF LANDSCAPING OF 31 CITY OWNED SITES Listed In this Special Provisions. and in accordance with BID ITEMS and SUPPLEMENTAL ITEMS OF WORK 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 ancesfry 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 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 SP -38 performance of the covenants herein contained. 4. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 5. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: CITY CONTRACTOR Director of Public Works City of San Bernardino 201 North "E" Street San Bernardino, CA 92401 IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and the date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: BY: MAILING ADDRESS: PHONE NO: SP -39 ANDREA M. MILLER City Manager ATTEST: GEORGEANN HANNA, City Clerk Approved as to Form: GARY D. SAENZ, City Attorney