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HomeMy WebLinkAbout23-Public Works CITY OF SAN BERN~DINO - REQUEST F&le~~~~~~~ ACTION F. D:fr ROGER G. HARDGRAiT. DirPc;Lor Subject: _,uthori Zd L ; on TO Execute Agreement for Landscape ::ein'tenance Services- rri cit\" 'aster ~ai~~enance Assoc. AssessmenL District ~o. 956 -- Publ ic 'A-arks /Engineerin~ Date: Januar).- 28, 1991 Synopsis of Previous Council action: 6-3-85 -- Resolution of Intention \0. 85-198 adopted to form landscape maintenance AssessmenL District No. '"56. 7-22-85 -- Resolution No. 55-284 adopted ordering the formation of the District. r ~ .-"-, ~,.-- -:_.;i ..... -.J :.' Recommended motion: ',0" ," ''''':1 :;':'1:. oM: e Adopt Resolution. (~'" o -;~ ~, :::::> ,Jim Penman, Cit:, Attor:1e)' //~ '-;C: Shauna Edwins, ': 1 tv,dministrator Contact person: \-,:.rn,:. \;~rl"'All Phone: '2lJ',-,?Q29 Supporting data attached: <:'+:'If;'f P"':;'f'lr+ \f!Y"":u"IYI"'~';"- .... 1)"".Q} '11: i ,."yvard: 1 FUNDING REQUIREMENTS: Amount: ,;Q'::': Source: (Acct. No.! 151-g;f"-~zQ25 fAcct. Oescriotionl '~1rBegie T':-i"@ .\Fea l.flEiSS"fl ::aiat. ];list. Finance: eel Notes: 75-0262 Agenda Item No. c11 - ;t~Y OF SAN BIERNA&tNO - REQUEST FOt COUNCIL ACTION I e e e 75.0264 STAFF REPORT Assessment District Ko. 956 was established to provide for landscape maintenance for the original Tri-City project. The ~esterly 2/3rds of the original project (basically the portion West of the Gage Canal) has been acquired by Rancon and is being developed as the Tri-City Corporate Center. Extensive on-site landscaping has been installed within the Corporate Center. This landscaping is maintained by the proper~y owner, up to the street right-of- way line. Landscaping within the street rights-of=-way is maintained by the Contractor for Assessment District No. 956. the landscaping in both areas could one contractor. They have proposed for maintenance of landscaping in street This would avoid having a division of be maintained more that they assume rights-of-way, within responsibility of an Rancon feels that efficiently by respons i bi! i ty their center. artificial line. All costs for maintenance of landscaping in the streets are now paid by Rancon through assessments on their property ~est of the Gage Canal, and would be paid directly to their contractor under this proposal. We agree that one contractor could perform the maintenance of both areas more efficiently than two. Rancon is now paying the cost and has a vested interest in having the landscaping maintained in a first class manner. Therefore, we concur with their proposal in principal. Rancon plans to replace the existing irrigation controllers with a computerized system, in the event their proposal is accepted. Due to the time that will be required to accomplish this transition, a logical time for them to assume responsibilitv is July 1, 1991. we have awarded a contract for landscape mai~tenance, . with a termination date of June 30, 1991. This contract can be extended for two one-year periods, by mutual consent. We could extend this contract. provided that we could negotiate satisfactory terms for the reduced scope of work, or re-advertise. Our Concractor is aware of this proposal and has no objection to it. The agreement with Rancon is that they would assume responSibility for the maintenance, and we would NIL assess their property. The Assessment District would remain in place, and the Agreement provides for the City to take over in the event that the maintenance was not being done in a satisfactorv manner. A b?nd of $50,000 will be required to cover che cost of landscaping ~aterial that mlght be lost through an inadequate maintenance effort. This Agreement has been reviewed bv Rancon and thev are in concurrence. Therefore, we recommend that the Resolution be adopted. . 1-28-91 . . . .., I uJ "~ I gi II~ 'I ~ -.! .= f I ..! i !! lif!.. e "' .'::J~; i "' . .1 ~1!B "P :r JI!.:'o- en .. i :. ~ !!! u: ~J~ i ' F 'If ~ i .. -1 .... , ,I m: II .. ili!!~l !~ I JrU- 0 p" h...! ". 'i!i(!1 I I . FiHh 10 1111' !: .... I ";r-o- 1"1 1 HI.~ ~H "' Iff ~~I=~~ !l! en E ii~!, 1 ! :>.: /.1 M J'!Jl :';! Ie. " ' ., .. Hi!!'!'! 10 I "t> !"! . ~l !i;":'.. ,5 ";;',"''; 10: !iilHi I.i rt" ! -.. :! i- =1. i . ~o_.I..' . I' . " ....'2. ,.. /H,HHh J: . I !1!:1~~1 . ~ . --.. fI'""I~ i t ...11 . f ~ ~ to J::: . : g .I';:5il:l,II;1; _.. .J,!. It') II! en l!5~" ~ I i . . ~(J') ~ ~ 0 ' . . -..!LJL.JuL-lLJLJ i5l.L. ! ~ z . - !O III j , ' I .' '. \ '. "@ @. ~>- I D.. I. @ ~ . -. <[ ;0 u ~ 1& i .@ II <!>. ~ ~ II I,,@. " .@ <[ ;/ <!> . 0:: c" I @ ~ h- .. . e ~ i1j~ \ . c ! .. a! G ~I . F1 ", 1 lill 0:: ~ I I- Ii (/) Z5 ! l! ,. . Ii I- ~ Z . ,d ~ cl ~ ~ . II @I.. n ~ (/) ~ . ~ Iii (/) ... I.LJ \ (/) (/) <[ i' ! @l \ :1; . Ii] ,II · i ~ !~i ~ ~ j~' G . 4 , " g '" "J G ~. J!J !I e -.. Iii' jlj ~ ~ 1;1 H ~ 'P ~l ! " . i i ~ d. I. 1-28-91 e . . 1 2 3 4 5 6 7 8 9 i?ESOLU:o-, \U. RESOLLTION OF THE r: ITY Of 'iA\ BERNARDI,;O ALTHORIZING AND DIRECTING THE EXECLTION OF ~\ AGREEr:E\T "jIB TRI CITY >:ASTER ":AI:iTE:\A:'U: ASSOCIATION. FOR LANDSCAPING ~AINTE\A\CE SERVICES RELATIVE TO A PORTION OF ASSESSMENT DISTRICT ,NO. 956 LOCATED r:, THE CARHGIE DRIVE AREA. WHEREAS. on the Jrd day of June. 1985, Resolution No. 85-198 was adopted by the >:ayor and Cammon Council 'cf the Cit,' of San Bernardino. declaring its intention to form an Assessment District for the maintenance of landscaping in the Can1egie Drive Area; and ;;IIEREAS, on the 22nd day of July, 1985. Resolution Ko. 85-284 10 was adopted bv the :\ayor dnd Common Council ot the Cit,' of San Bernardino, e 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e creat ing the .i.ssessmen-r Di stri ct to cover the COSi:S .)f said maintenance, known as Assessment District :io. 956 and ordering the work: and WHEREAS, annual maintenance contracts have subsequently been let to urivate Contractors for said maintenance and the pertinent property owners have been assessed the costs involved; and wHEREAS. Ranc on Financ i a 1, the ma j or pr'opert,' owner 0 fall 0 f :he area located Westerly of the Gage Canal or approximately the westerly ,me-half of the District, through Tri City Master ~:aintenance, it's maintenance association, wishes to take over the maintenance of the landscaping in the publ ic right-of-wa,' in conjw1ction with it's own adjoining landscaping; and wHEREAS, the proposition was presented to and concurrence ,'eceived from the Legislative Review Committee at their meeTing of December 1 J, 1990; and 01-28-91 e 1 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 e e - - ~ ;;:ESOLCTIO); AUTH. EXECt:TIO~ 0F .~G~'T. AD95b . . BE IT RESOLVED BY THE ...A'IO;;: At'iD C()~;~:O); COU~CIL OF THE CITY OF SAN BERNARDINO AS fOLLOWS: SECTION" 1. The .\:avor is nereby aUThorized and directed to execute on behalf of said City aa Agreemem: for Landscape i';aintenance Services with TRI CITY ~ASTER "AINTENANCE ASSOCIATION relative to Assessment District No. 956 for the maintenance of lanascaping in the Carnegie Drive Area, a copy of which is attachea hereto marKed Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. This resolution is rescinded if the parties to the Agreement for Landscape Maintenance Services fail to execute it within sixty (60) days of the passage of this resolucion. III III III III III III III III III 711 III III III III III 01-28-91 2 e e 23 24 25 26 e 27 28 RESOL~TIO, AuTH. EXEClTIO\ OF AGMT. .~956 . . 1 2 3 I HEREBY CERTHi. that the foregoing resolution was duly adopted b:, the ::ayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day ot , 1991, by the 4 following vote, to wit: 5 Council Members: AYES \;AYS ABSTAIK 6 ESTR4,DA 7 REILLY 8 FLORES 9 MLJDSLEY 10 :<INOR 11 12 13 14 15 16 17 18 19 20 21 pOPE - LUDLA,V 'IILLER City Clerk The foregoing resolution is hereby approved this day of . 1991. Ii.R. Holcomb,':ayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, 22 City Attorney ,,~9 /l r~ i)]-28-91 3 ..... - . A.D. 956 FIL~O. 14.40-20 e AGREEMEKT CITY OF SAN BERNARDINO This agreement, made and concluded this day of between the City of San Bernardino, (City) and TRI CITY ASSOCIATION. hereinafter referred to as Contractor. 19_ "ASTER MAINTENANCE Article I - For and in consideration of having the Tri City Corporate Centre NIL assessed on the assessment roll for Assessment District No. 956 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 attached hereto as Exhibit "A" and made a part hereof. necessary to complete in good workmanlike and substantial manner the maintenance of landscaping and related facilities in: e Those portions of Vanderbilt Way, Hospitality Lane, Carnegie Drive, Brier Drive, Harriman Place, Waterman Avenue, along the Gage Canal and Interstate Highway 10 lying West of the centerline of the Gage Canal in the City of San Bernardino, in strict conformity with Plans and Special Provisions No. 6244 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 Parks and Recreation, which said Plans. Special Provisions, Standard Specifications, and Landscape Cost Estimating are hereby especially referred to and by such reference made a part hereof. Article II Contractor agrees to service the area in question with a computerized watering system, making all changes, connections and re-connections necessary to fulfill the requirements set forth herein at it's own cost and does ensure that the remaining area of the District located East of the centerline of the Gage Canal will be re-connected to the existing watering system with minimal delay in operations. Article III - Contractor agrees to furnish 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, dnd requirements 'Jf the Engineer under them. e . . ex~u81T' A .... ~ ~ . . e Article IV - l"it~. iH~reb~: promise~, dnd dgTP.P5 \fiti~ the said Con1:ractor 1:0 permiT.. ."lnd does herebv permit t:he said Con1:racror -to l:.rovide the ma'terials and to do the work according 1:C 1:he terms and conditions tlerein contained dnd referred to. in re"turn tor said \IL assessmencs. and upon "the conditions hereinafter set forth; and the said parties for themselves. their heirs. executors. adminis"tra"tors. successors. dnd assigns. do hereby agree to the full performance nf the covenants herein contained. Article V - It is further expressly agrep'(j "V and between the parties hereto that should there De any confEct between the terms of this instrumen"t and an\" verbal altera"tions or changes. "then "this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal contlining herewith. Article VI - Execu"tion and Amendments. This agreemen"t dnd any amendments or rnodifications there1:o shall not take effen or becorne operative until fully signed and execu"ted b!' "he par"ties and no party shall be "bl igated hereunder until the "time of such full execution. ;';0 c,ral agreements, amendments. moditi.cations 01- waivers are intended or authorized and shdll not be implied from any act or course of conduct of any party. e Article VII Anti-Discrimination Provision. Contractor shall not discriminate against dny employee, as to up-grading, demotion. transfer. recruitment. layoff or termination. rates of payor other compensation because of race. color. religion. sex. national origin. age or handicap in the execution of this Agreement. Article VIII - Hold Harmless. Contractor hereby agrees to, and shall, hold City. its elective and appointive boards. commissions. officers. agents and .,mployees harmless from any' liability [Ot- damage or claims for damage for personal in.iury. including death. as well as from claims for property damage. which may arise from Contractor's operations unael' this agreement, whether such opp.rations be by Contractor or by anyone or more persons directly or indirectly employed by or .,cting dS agent for Contractor, Contractor agrees to and shall defend Ci.ty and its elective and appointive boards. commissions. officers and empl u,vees from dny sui ts or actions at law or in equi t~. tor damages caused, or alleged to have been caused. by reason of any of the aforesaid operations. Article IX - Amendment. This contract may be amended or modified only written agreement signed by both parties hereto. After three (3) years from commencement date. this Agreement may be terminated by the Contractor ninety (90) davs written notice to the City. by the upon Article X - ~otices. All notices herein required shall be in delivered in person or sent by certified mail. postage prepaid. follows: writing addressed and as Citv Contraceor e Director of Public ~orks City of San Bernardino 300 North "D" Street San Bernardino. CA 92418 Tri City ~aster Maintenance Association 650 E. Hospitality Lane, Ste. 600 San Bernardino. CA 92408 Attn: Asset ':anager . . 'El<.~,g'" A. - . . . . Article XI - Independenc Contraccor. Both parties hereto in the performance of this agreement wi 11 be acting in an independent capacity and not as agents. employees. partners. or joint ventures of one another. Contractor is not an employee of City and is not entitled to any of the rights. benefits. or privileges of the City employees including. but not limited to. medical or worker's compensation insurance. Article XII - No Assignment. This agreement shall not be dssigned except with the express written consent of the :'~avor and Common Council. Article Xln Entire Agreement. This Agreement and anv documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms. conditions or provisions of this Agreement. and any such documenc or instrument. the terms and conditions of this Agreement shall prevail . IN WITNESS WHEREOF. the parties to these present have hereunto set their hands the year and the date first above written. CITY OF SAN BERNARDINO . BY: W. R. Holcomb, Mayor CONTRACTOR ATTEST: Name of Firm: TRI CITY MASTER MAINTENANCE ASSOC. RACHEL KRASNEY, City Clerk BY: TITLE: Approved as to form and Legal content: :-1AILING ADDRESS: James F. Penman. City Attorney PHONE NO. ( ?l~ . . . e'JI. *18 I" A. ..... e e ( e ... -- . . CITY OF SAN BERNARDINO STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 956 SPECIAL PROVISIONS NO.6244 FOR THE MAINTENANCE OF LANDSCAPING IN THOSE PORTIONS OF VANDERBILT WAY, HOSPITALITY LANE, CARNEGIE DRIVE, BRIER DRIVE, HARRIMAN PLACE, WATERMAN AVEN~E. ALONG GAGE CANAL AND INTERSTATE HIGHWAY 10, LYING WEST OF THE CENTERLINE OF THE GAGE CANAL. SAN BERNARDINO, CALIFORNIA DIVISION OF ENGINEERING DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO JULY, 1991 EXHIBIT 'A' e e e - . . INDEX SPECIAL PROVISIONS SECTION 1 - Specifications and Plans SECTION 2 - Supervision of Work SECTION 3 - Execution of Agreement SECTION 4 - (Reserved) SECTION 5 - Legal Requirements SECTION 6 - General SECTION 7 - Description of Work SECTION 8 - Technical Specitications SECTION 9 - Landscape and Irrigation System SECTION 10 - Items of Work D..1UBIT 'A' . . e DECLARATIO~ FORM TO THE MAYOR A~D COMMON COUNCIL OF THE CITY OF SA~ BERNARDINO The Contractor declares that he has carefully examined the location of the proposed work and read the accompanying instructions and hereby proposes to furnish any and all required labor. materials. transportation and service for the maintenance of landscaping and related facilities in those portions of: Vanderbilt Way, Hospitality Lane, Carnegie Drive, Brier Drive, Harriman Place, Waterman Avenue, Avenue, along Gage Canal and Interstate Highway 10 lying West of the centerline of the Gage Canal in the City of San Bernardino, in strict conformity with Special Provisions No. 6244. City of San Bernardino Department of Public Works, and also in accordance with Standard Specifications for Public Works Construction. current edition. as amended by the Special Provisions and "Landscape Cost Estimating" by Colton. current edition. Contractor proposes and agrees if this proposal is accepted. that he will 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 Agreement. in the manner and time therein prescribed. e e EXHIBIT 'A' - . . e SPECIAL PROVISIONS SECTION 1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction, current edition, amended. any Special Provisions set forth herein, the "Landscape Cost Estimating" by Coiton, and in accordance with the following Special Provisions. 1-1. 02 fo 11 owing following: DEFINITIONS wnenever in the Standard Specifications terms are used, they shall be understood to mean and refer to the the Agencv The City of San Bernardino. Owner The City of San Bernardino. Board The ~!ayor and Common Council for the City of San Bernardino. . EnRineer The Director of Public Works/City Engineer for the City of San Bernardino. e Contractor Tri City Master Maintenance Association and it's Subcontractors. Sunervisor Authorized designee of the Director of Parks and Recreation and Community Services, or as designated by the Engineer. Laboratory The laboratory to be designated by the City of San Bernardino to test materials dnd work involved in the contract. Standard Specifications Standard Specifications for Publi~ Works Construction. current edition. Landscane Cost Reference "Landscape Cost Estimating" by Colton, current edition. Other terms appearing in Provisions. shall have the "Definitions," in the Standard the Standard Specifications. dnd intent and meaning specified in Specifications. these Special Section 1-2, e SP-1 EXHIBIT 'A' . . e in case of conrIict be"tween the Stanaat-d ..:.:-,ecltlca"tions. The Landscape Estimating reference, dnd these Special Provisions, i.he Special Provisions take precedence ovel~ and be used in lieu u:- such conflicting ;:(lr"t.ions. Cost shaH SECTION 2 2-1 SUPERVISION OF "ORK 2-1.01 INSPECTIONS -- The Supervisor or Engineer may 1':-0.11 time to time and 'It an~,. time, inspect t.he area to determine if the landscdping and irrigation 'Y~cems are being properly maincained in accordance with this Agreement. Any items noted not to be in c,)mpiiance with the specifications will be discussed with the Cuntractor immediacely. Correction of these items shall be accompl ished 'os set forth in this Agreement. Continued noncompl iance, or failure 'Co correct noted deficiencies in a timely ,"anneI', shall constitute sufficient grounds 1'<:<1' rurther action. up T.O and including termination of this ::..greemen-c . c-1.02 TER~INATION OF CONTR~CT -- Failure cO perform specified items of work as provided i?:: these Specidl ProyisiollS, after rl~ceipt ot a formal notice of non-compliance, will constitute good and sufficienc grounds for terminating the Agreement. Notice of termination will be given by certified mail and will be effective immediately upon the date of receipt of said notice. e Cpon such notification, the City will assume responsibility maintenance services and the properties located west of the Gage Canal will be assessed to cover the pertinent costs. disconneccing the computerized system and reverting to the system. tor providing the center line of the This will include original watering ,") r, ,i SECTION 3 2-1 EXEClTION OF AGREE~ENT 3-1.01 GDiERAL When this Agreement is approvf'd by the ~Iayor and Common Council with the ~;ayor authorized to execute the Agreement. Contractor shall file "ith the Engineer all requir'ed bonds and insurance policies within 10 calendar days after receiving nJtification of the approval. Failure to file the stipulated documencs shall constitute good and sufficient grounds for recission of the Agreement. Action bv the ~ayor and Common Council in approving this Agreement and authorizing the ~ayor to execuce this Agreement shall be deemed to obligate the Contractor to proceed in accordance with these provisions and execute the Agreemenc and provide required documentation (e.g., insurance policies and performance bond) to the City. No work shall ~2 undertaken toward the completion of the Agreement, nor subcontracts entered into, until the contract has been fully execmed by both the Contractor and Cit,-. e 3- 1. 02 BONDS ~ngineer within 10 chis Agreement and A Faithful Performance Bond shall be filed with the c..dendar days after ,-eceiving notification of the approval of shall be in the dmount of $50,000.00. SP-2 nllIBIT '..\' - - .....,.. ..., ~ - --- . . SECTION 4 , R~s,::;r';eri) e SECTION 5 :)-1 LEGAL REOL'IREPiTS 5-1.01 LIABILITY INSURANCE The Contractor shal! furnish the City with a policy ot liability insurance within 10 working days from the approval of this ,\greement. The Cit~' shall be an additional namea i.nsured in the polic~', Certificates of insurance wi 11 not be accepted. Following is the required minimum limits of Insurance: Bodily Injury , . . 5250.000 each person 5500.000 each occurrence 5500,000 aggregate products and completed oDerations Propen:y Damage . . . . . s 100.000 each occurrence 5250,000 aggregate A combined single-limit policy with aggregate limits in 51.000.000 will be considered equivalent to the required minimum the amount limits. of e 5-1.02 WORKMEN'S COMPENSATION INSURANCE The Contractor shall file a signed certification Certificate of Workmen's Compensation Insurance for itself and its Subcontractors within 10 days after notification of the approval of this Agreement. All Insurance policies and certificates will be renewed each year during the term of this Agreement. 5-1.03 PAYMENT OF WAGE RATE -- The Contractor will be required to adhere to the State Minimum Wage (54.25) for payment of per diem wages for each workman needed in execution of this contract. Said prevail ing rates of wages shall conform to "General Prevail ing Wage Determination made by the Director of Industrial Relations," filed in the office of the City Clerk, which are made a part of Resolution No. 12846 and amendments thereto. It shall be entered into and specified rates to execution of the persons because status. mandatory upon the contractor with whom this Agreement is upon any Sub-contractor under him to pay not less than said all laborers, workmen, and mechanics employed by them in the Agreement. and to prevent discrimination in the employment of of race, creed, color, national origin, sex, age, or marital e The Supervisor shall have the right to interview any craft or workman on the project site in order to verify payment of prevailing wage rates. Also, the City retains the right to examine the Contractor's payroll records to determine if wage rates indicated are ]Jeing paid. SP-3 EXHIBIT '.-\.' - ~ - - - - - . . e .5-1. U4 SAFETY REOL,IRP'E',TS -- .~ll work performed wlder this be performed in such manner as to provide maximum safety to the safeTy standards outlined in the Federai OSHA guidelines, reserves the right to issue restraint or cease and desisT Contractor when unsafe or harmful acts are observed or reported performance of tbe work under this Agreement, contract shall public and the The Supervisor orders to the relative to the 5-1.05 HAZARDOUS CO~DITIONS -- The Contractor shall maintain all work sites free of hazards to persons and/or propertv 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 Park Division at (714) 384-5030 or (714) 384-5130. 5-1.06 LSE OF CHEMICALS -- The Contractor shall only use those chemical herbicides or pesticides approved by the State of California, Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials 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. e 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 all rights against any party for any damages which are proximately caused by the negligence or improper use of any such chemicals. herbicides or pesticides. 5-1.07 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. Under the provlslons of this Agreement, 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. e SP-4 EXHIBIT 'A' -...,.--- - - --..- . . e SECTION 6 6-1 GENERAL 6-1.01 SOUND CONTROL REOUIREMENTS The Contractor shall comply with Chapter 8.54 of the City of San Bernardino ~iunicipal Code regulating and prohibiting loud. nnnecessary and excessive noises. Each internal combustion engine. used for any purposes on the job or to the job. shall be equipped with a muffler of a type recommended manufacturer. ~o internal combustion engine shall be operated on the without said muffler. related by the project ~o 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 ~ayor and Common Council of the City of San Bernardino, Said noise level requirement shall apply to all equipment on the job or related to the job. including but not limited to trucks, mowers, weed eaters, blowers or other equipment that mayor may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. e 6-1.02 PROJECT APPEARANCE appearance to the work. The Contractor shall maintain a neat The Contractor shall dispose of all cuttings, weeds. other debris developed during his operations from any public. as work progresses. leaves, trash. area visible to and the 6-1.03 FAITHFUL PERFORMANCE The Supervisor or Engineer shall have right of review of the performance elements of the maintenance contract. The Supervisor 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 elme, as determined by the Supervisor. not to exceed five (5) 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 Supervisor will notify the Engineer who will have the option of terminating the Agreement. 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. e 6-1.04 HOURS OF LABOR The Contractor shall conduct his operations during the hours specified hereinafter. SP-5 EXHIBIT 'A' - - - -- .... - - . . e 6-1.05 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 City all work required under this Agreement 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 with a compan~' identifying marker. The Supervisor mav 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 a Foreman. who may be a working Foreman, on the job at all times work is being performed, with whom the Supervisor may consult with respect to performance of this contract. Adequate and competent supervIsIon shall be provided for all work done by the Contractor's employees to ensure accomplishmenc of a first-class job. 6-1.06 TER~ - The in perpetuity unless Contractor to maintain documents. term of this Agreement will continue from July 1, 1991 terminated by the City for failure on the part of the landscaping in a manner as outlined in these e 6-1.07 LICENSE - The Contractor shall verify that it's Subcontractors possess a Class C-27 license at the time it signs this Agreement. 6-1.08 EQUIPMENT & Su?PLIES - 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. SECTION 7 7-1 DESCRIPTION OF WORK 7-1.01 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. 7-1.02 Su?PLIES -- All supplies required to accomplish the items specified herein, and to maintain the landscaping in a healthy and condition and the irrigation system in a fully operational manner, provided by the Contractor. of work attractive shall be 7-1.03 WORK TO BE PERFORMED general. of the following: The work to be performed consists, in e SP-6 EXHIBIT 'A' . . e ~. Complete landscape maintenance of all ctreas ~est of the cencerline of the Gage Canal to include litter concrol. 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 areas in a safe, attractive and usable, healthy and vigorous condition. All other areas, such as sidewalks, curbs, gutters, expansion median hardscape (if any), within the Agreement defined areas, shall free of weeds as per the maintenance schedule for weeding. joints, be kept Unimproved areas beyond described limits are not a part of this Agreement. Ten (10) feet from curb face shall be maintained weed free by and manual methods. Herbicides shall be approved by the City prior only state of California licensed Pest Control Operators shall Herbicides. Herbicides to use and apply the B. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance required under this contract from Monday through Friday and as specified in Section 9 of these Special Provisions. Exceptions may be made to normal working hours (7:30 a.m. to 4:30 p.m.) where incidences of use may be too great during the hours specified to allow for proper maintenance. e The Contractor shall conduct the work at all times in a manner which interfere with normal pedestrian traffic on adjacent sidewalks or traffic on adjacent streets or parking lots. wi 11 not vehicular The Contractor will be responsible for replacing trees and plant material due to over watering, under watering or improper horticultural practices or neglect. SECTION 8 8-1 TECH~ICAL SPECIFICATIONS 8-1.01 MAINTAINING TRAFFIC "Public Convenience and Safety," of Special Provisions. Attention is the Standard directed to Section Specifications, and 7-10 these Warning signs, lights and devices for use in streets shall conform to the "Manual of Traffic published by the State of California, and the Handbook," current edition, adopted by the City of performance of work upon Controls," current edition, "Work Area Traffic Control 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. e SP-7 EXHIBIT 'A' - - - -- . . e 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 oplnlon of the Engineer. public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. 8-1.02 COOPERATION AND COLLATERAL WORK -- Attention is directed to Section -; . -;. "Cooperation and Co llateral Work." of the Standard Specifications. and these Special Provisions. e 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 the best of our knowledge. When in doubt. the Contractor utility concerned before proceeding further. plans are correct to shall contact the 8-1.03 CLEANUP A~lD DUST CONTROL Cleanup and dust control shall conform to the provisions in Section 7-8.1. "Cleanup and Dust Control." of the Standard Specifications. e SP-8 EXHIBIT 'A' - - - - - . . e SECTION 9 9-1 LANDSCAPE AND IRRIGATION SYSTE~ 9-1.01 The Contractor shall provide the following repairs, maintenance and supplv all needed materials, and perform the work as necessary in accordance with the following schedules: A. REPAIRS TO IRRIGATION SYSTEM -- The contraccor shall clean and adjust, straighten. raise and lower the following components as a part of this Agreement at it's own cost. repair, replace, sprinkler system Sprinkler Heads Sprinkler Head Risers Valve Covers Valve Boxes or Sleeves Quick Coupler Valves and Hose Bibbs Bubblers, Emitters, etc. Sprinkler System Lateral Piping Sprinkler ~:ain (Pressure Line) Sprinkler Control Valves Sprinkler Controller Valve wiring to Controller e Any replacement must conform to the t~~e and kind of the newly installed system. B. MAINTENANCE SCHEDULES -- The following items of work shall be performed by the contractor with the frequency indicated: 1. Pick up of trash and debris Daily (5 days per wk) Weekly Weekly Daily (5 days per wk) Bi-monthly 2. Irrigation Test 3. Rodent Control 4. Irrigation Repair Check 5. Trimming/Pruning 6. Fertilization - (small trees, shrubs, ground cover) Bi -annually 7. Fertilization - (turf) Quarterly 8. Weeding Slopes (all debris to be removed) ~lonth I y e SP-9 EXHIBIT 'A' ... - - - . . e 9. Weeding (all shrub/planter beds) Weekly 10. Raking beds Weekly 11. Shrub/planter bed edging Bi-monthly 12. Pruning shrubs Quarterly 13. Sweeping/Blowing Walks (after mowing and edging) Weekly 14. Washing walks/Median Hardscape Monthly 15. Drainage channels cleaned Monthly 16. Spraying for pre-emergents Quarterly 17. Spraying for broadleaf weeds Bi-annually' e 18. Lawn mowing 19. Lawn edging 20. Lawn trimming' 21- Lawn aerification 22. Pest control on trees 23. Lawn renovation*Jt Weekly Weekly Bi-monthly Annually As needed Annually 24. Leach Irrigation'" (min. 12" of water) 4 Times Annually 'With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other miscellaneous items. "Lawn renovation shall include: 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 Supervisor). 6. Repair damaged irrigation facilities. "'The Contractor shall be responsible for soil tests prior to any fertilization and leaching to determine Nutrients needed and leaching dates. e SP-lO EXHIBIT 'A' . - ---- . . e 9-1. 02 METHOD OF PERFOR'iIKG WORK A. Irrigation shall be done by the use of the automatic sprinkler systems. where available and uperable; however. failure of the irrigation system to provide full and proper coverage shall not relieve the Contractor of his responsibility. In those areas where an automatic sprinkler system is installed. the Contractor shall inspect periodically. 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. This periodic inspection may occur more often, but not less frequently, than one inspection each week. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be accomplished as follows: 1. Turf, shall be irrigated as required. to maintain horticulturally acceptable growth and color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry weather conditions (as are present during winter Santa Ana conditions. or other times of less humidity or high winds. or during a prolonged high temperature period during the summer months). e 2. Landscaping on banks and slopes. shall be irrigated maintain horticulturally acceptable growth and color. and to rooting and preventing erosion. as required, to encourage deep 3. Shrub beds, shall be irrigated as required. to maintain horticulturally acceptable growth and color. and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as to keep surface run-off at a minimum. The irrigation rate shall be adjusted to the needs of shrub types. seasons and weather conditions. 4. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal. healthy growth. Proper berms or basins where needed shall be maintained during the establishment period. e 9-1.03 PRUNING SHRD~S AND GROUND COVER PLANTS -- 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 pl~lt 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 b,' the Supervisor. will not be permitted. SP-ll E:\llIBIT . A . - - . . e 9-1.04 pest control Provisions. SOIL FERTILIZIKG AND PEST CONTROL AGEHS -- Soil fertilizing and agents shall conform to the requirements of these Special A. Manure shall not be used as a fertilizer or soil conditioning material. 1. Turf Grass area sha 11 homogenous a) Fertilization of all turf grass areas within the designated work be accomplished quarterly with a complete commercial fertilizer in pellet form. b) Fertilizer shall be packaged in multi-wall paper bags, polyethylene-lined for moisture resistance. c) Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth or based on the results of the soil testing and at the times specified below: July 1 October 15 January 15 April 15 July 15 November 1 February 1 May 1 e 2. Shrub Beds, Ground Cover, and Small Tree Fertilization a) Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and smaller) within the designated work area shall be accomplished two (2) times per year with a con~ercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. b) Fertilizer shall be of plant material. below: applied at the rate specified on the package for type Fertilizer shall be applied at the times specified October 1 ~larch 15 October 15 April 1 c) Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 3. Materials -- The fertilizer shail be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. B. Pest Control Agents shall be as required by the Landscape Cost Estimating reference. e SP-12 EXHIBIT 'A' - - . . e c. Spraying or chemicals will not be permitted under windy conditions. D. 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 Director of Parks and Recreation. 9-1. 05 requirements the Landscape PLANTS Plants to of Section 2.2, "Tree and Cost Estimating reference be maintained shall conform Shrub Care" and "Ground Cover and these Special Provisions. to Care" the of Replacement of plants and ground cover shall be in accordance with construction plans and Special Provisions No. 6244 on file in the office of the Director of Public works/City Engineer of the City of San Bernardino, and/or with the landscaping construction plans for the various subdivisions which are ine! uded wi thin this project. 9-1. 06 follows: IRRIGATION SYSTEM-- The irrigaLion system will be maintained as e A. The entire irrigation system will be maintained and inspected by the Contractor on a weekly 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 equa I . B. All other irrigation component repairs will Contractor. This will include laterals, main lines, wire, controller and any other items in the system. shall he the same brand or approved equal. be accomplished by the control valves, control All materials or parts 9-1.07 LAWN-- All lawn areas will be maintained as follows: A. All turf shall be edged adjacent to all improved and surfaces; turf edges shall be maintained if the turf area abuts a property line or to maintain a turf delineation. unimproved shrub bed, B. Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. C. All lawn areas included in this Agreement shall be mowed with approved power-propelled reel-type or r6tary 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. D. Mowers shall be maintained so as to provide a smooth, even cut tearing; mowers are to provide a uniform, level cut no higher than inches. withom: two (2) e SP-13 EXHIBIT . A' . . e E. Inclement weather may preclude adherence mowing. The Contractor may. for reasons of rain mowing frequency. to the frequency schedule or prolonged cold. alter of this F. Renovation shall be any approved operation that removes accumulated thatch from turf areas. 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. G. Overseeding shall renovation and prior to overseeded with a seed mix taken during the renovation to realize a minimum of Contractor. be done on an annual basis following October 1 of each year. All turf areas that meets with industry standards. steps process to ensure seed to ground contact. 75% germination will require re-seeding the fall shall be must be Failure by the H. Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled immediately prior to the July fertilization. Under adverse conditions or as a result of high use where turf is suffering from compaction. aerification may be necessary at more frequent intervals. The frequency intervals shall be as required to promote healthy vigorous growth. e I. All grass clippings are to be attachments to mowers or by use of other a clean. neat appearance of turf areas. picked up by means of the appropriate mechanical devices necessary to achieve 9-1.08 SLOPE MAINTENANCE -- All Slopes are to be weeded by hand or using a power weed cutter. All debris is to be removed daily during the process. 9-1.09 DRAINAGE CHANNELS -- Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely cleaned on a monthly basis. 9-1.10 handwork. HANDWORK The cleaning of areas adjacent to curbs may require Typical equipment. for hand crew: 1. High wheel mowers. 2. Power weed cutter - gas power string trimmer (Green Machine. Weed Eater, etc.). 3. Hand tools and safety equipment as needed. 4. Trash removal truck (may be the same as for debris removal). e SP-14 EXHIBIT 'A' ~ - - . . e 9-1.11 ROADBED AND "~ED CONTROL All areas identified as roadbeds, landscaped traffic islands, medians, slopes and undeveloped shall be treated with round up per manufacturer's label and weed growth to 4" height. Said height is for erosion control. Said areas are maintained as such for duration the Agreement. This shall also include trash and litter pick-up. future areas removed to be daily 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 Supervisor may restrict the use of chemical weed control in certain areas. Complete removal of all weed growth shall be accomplished one (1) time each thirty (30) days. This section includes all undesirable growth adjacent to curbs. gutters, and sidewalks. 9-1.12 TREE MAINTENANCE 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 Agreement, 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. e 9-1.13 TREE REPLACEMENT -- All tree replacements will be at least 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. Planting shall be accomplished only twice a year during either the Spring or Fall. All newly planted trees shall be securely staked at all times with an approved stake and secured to the stake with at least two approved ties. Tree ties shall be inspected monthly, and corrective action taken to ensure against girdling and abrasion. SECTION 10 10-1 ITEMS OR WORK 10-1.01 REPLACEMENT OF TREES Replacement of trees shall be done in accordance with Section 9-1.12. "TREE REPLACEMENT, "of these Special Provisions. 10-1.02 REPLACEMENT OF TL~ -- Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf removed. e SP-15 EXHIBIT . A' - - . . e 10-1.03 REPLACEMENT OF SHRUBS -- Repiacement of shrubs shall be done in accordance with Section 9-1.05. "PLANTS." of these Special Provisions. 10-1.04 REPLACEMENT OF GROUND COVER -- Replacement of ground cover shall be done in accordance with Section 9-1.05, "PLANTS," of these Special Provisions. 10-1.05 REPLACEMENT OF SPRINKLER HEADS -- Replacement of the various of sprinkler heads shall be the same type, size and brand as the one replaced. types to be 10-1.07 REPLACEMENT OF TIMER/CONTROLLER Replacement of a defective timer/controller shall be of the same model and manufacturer as the one to be replaced. e e SP-16 EXHIBIT 'A'