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HomeMy WebLinkAboutContracts & Agreements_20-1991_CCv0001.pdf AGENDA ITEM NO. COUNCIL MEETING OF 5/7/91 REQUEST FOR COUNCIL ACTION SUBJECT: CONTRACT RENEWAL - MAINTENANCE OF LANDSCAPING AND IRRIGATION - ASSESSMENT DISTRICT 1. MOTION I move to award the contract and authorize the mayor to sign the contract on behalf of the City for the maintenance of Landscape and Irrigation for Assessment District No. 1, Annexations No. 1 through No. 6, to Mentone Turf Supply, of Mentone, California in the amount of $23 , 363 . 62 . RECOMMENDATION It is recommended that the City Council award the contract to Mentone Turf Supply in the amount of $23 , 363 . 62 . DISCUSSION During the past year, April 1, 1990 through March 31, 1991 Mentone Turf Supply has maintained Assessment District No. 1, Annexations 1 and 2 to the satisfaction of the original Contract Bid Specifications. At this time Annexations 3 , 4 and 5 are now available for the city to take over the maintenance and supervision of the landscaping and irrigation under a contractual arrangement. Annexation No. 6 will fall under this contract within the next six months. ALTERNATIVES 1. Council may decide not to award the contract. 2 . council may decide to re-bid the project. Prepared by: Concurred by: 4' ff 46 D6n 'fanph ar Dan Rodriguez O City Forester Community Services Director Reviewed by: J—, W eaton--'- I I /'/eity anager PROPOSAL THE MAINTENANCE OF LANDSCAPING AND IRRIGATION FOR ORIGINAL LANDSCAPE DISTRICT lA, 18, 1C AND ANNEXATIONS 1.A, 18 AND 2A CITY OF RED DS, COMMUNITY SERVICES DEPARTMENT The undersigned hereby agrees to provide services for the maintenance of landscaping and irrigation for Assessment di CONTRACT FOR COMMUNITY SERVICES 1. PARTIES AND DATE This contract is entered into this ls t day of April 1991, between the CITY OF REDLANDS, a municipality of the State of California, hereinafter "Owner" and Mentone Turf Supply hereinafter "Contractor. " 2. CONSIDERATION In consideration of the mutual covenants hereinafter contained owner and Contractor agree to comply with the terms of this contract and to faithfully perform their duties hereunder. 3. DUTIES OF CONTRACTOR 3 .1 Contractor agrees to furnish all labor, tools and equipment necessary for the maintenance of landscaping for original Lanscape Maintenance District 1A, 1B, 1C, Annexations 1A, 1B, and 2A in accordance with the technical specifications attached hereto and made a part hereof. Owner reserves the right to increase or decrease the quantity of landscape maintenance in accordance with its needs. 3.2 Contractor shall respond to any request from the Owner within fourteen (14) calendar days of the request. Such work shall be completed according to a schedule to be agreed upon by the Contractor and the Owner; provided, however, that the Owner will schedule work in minimum increments of one (1) day (eight (8) hours) . 3 .3 Contractor agrees to provide Owner with a bond in the amount of 25% of the bid to secure faithful performance of its obligations under this agreement. Contractor further agrees that it and its subcontractors (if any) will comply with City of Redlands Business License Ordinance No. 867, Sales Tax Ordinance No. 936, and Use Tax Ordinance No. 937, and all other applicable local laws and requirements. 3 .4 Copies of the prevailing rate of per them wages for each craft, classification or type of work needed to execute this Contract are on file in Owner's office and are available to interested parties upon request. Contractor agrees to comply with the penalty provisions of Section 1775 of the Labor Code ($25 per worker per day) for failure to pay such prevailing rates. 3.5 Contractor shall pay travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773 .8 of the Labor Code. 3.6 When Contractor employs workers in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with contractor. 3.7 Contractor is advised that eight hours labor constitutes a legal day's work. Pursuant to Section 1813 of the 2 Labor Code, Contractor shall forfeit a penalty of $26.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.8 Contractor shall keep accurate payroll records available for inspection in accordance with the requirements of Labor Code Section 1776. 3.9 Contractor shall keep himself fully informed of all laws and regulations in any manner affecting the performance of the contract work, and shall indemnify owner and Owner's agents against any liability arising from violation of any such law or regulation. 3.10 Contractor shall at its own expense maintain at least the following insurance coverages throughout the performance of this contract. (a) Worker's compensation insurance coverage, including occupational disease coverage, for all persons employed in the performance of this contract, which insurance shall at all times be maintained in strict accordance with the requirements of the current California Worker's Compensation Insurance Laws. (b) Comprehensive general liability and vehicle liability insurance coverage insuring Contractor for all claims for personal injury, including sickness and death, and: all claims for destruction of or damage of property, including loss of use, 3 arising out of or in connection with any operations under this Contract, such insurance to be written with a limit of liability of not less than $1, 000, 000- 00 for all damages arising out of bodily injury, including sickness and death, at any time resulting therefrom, sustained by any one person in any one accident, and a limit of liability of not less than $200, 000. 00 aggregate for any such damages sustained by two or more persons in any one accident, and with a limit of liability of not less than $200,000.00 for all damages arising out of injury to or destruction of property of others' arising directly or indirectly out of or in connection with the performance of the work under this contract and in any one occurrence. Prior to commencement of any work under this contract, Contractor shall obtain and furnish to Owner a Certificate of Insurance as to each type of insurance required, in a form acceptable to owner. 3.11 Contractor shall be responsible for all loss and damage which may arise out of the nature of the work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosection of the work until same is fully completed and accepted by Owner. However, Contractor shall be responsible for damage proximately caused by an act of God within the meaning of Section 4150 of the Government Code only to the extent of 5 percent of the contract amount. 4 3.12 Contractor shall indemnify and hold harmless Owner its agents and employees from and against all claims, damages, losses and expenses, including attorney's fees' arising out of or resulting from performance of work under this Contract and which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom caused in whole or in part by any negligent or willful act or omission of the contractor or anyone directly or indirectly employed by him or for whose acts he may be liable. 3.13 Contractor offers and agrees to assign to Owner all rights, title and interest to and to all causes or action it may have under Section 4 of the Clayton Act (14 U.S.C. 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of good, services, or materials pursuant to this Contract. Such assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgement by the parties. 3.14 Contractor shall be responsible for securing and paying for all licenses necessary to perform the work described herein. 4. OWNER#S RESPONSIBILITIES 4.1 Contractor agrees to perform the work required herein for the unit price set forth in Contractor's bid or as negotiated between Owner and Contractor, as the case may be; 5 provided that quantities of work shall be subject to adjustment as directed by Owner. 4 .2 When the Contractor determines that he has completed the work required herein, Contractor shall so notify the owner in writing and shall furnish all labor and material releases required by Section 3 . 3 of this Contract. owner shall thereupon inspect the work and, if acceptable, shall pay to Contractor the amount due, less any amount which the owner may be authorized or directed by law to retain. Acceptance of payment by the Contractor shall constitute a release to Owner from all claims and liabilities to the Contractor for any work performed n relation to this Contract or for any act or neglect by the Owner relating to or affecting the work. 5. CONTRACTUAL RELATIONSHIP It is expressly agreed that Contractor is an independent contractor and neither Contractor nor any of his employees shall be deemed employees of owner. Contractor shall have full supervision over all workers on the job, including equipment, drivers, and operators and neither Owner nor any of Owner's agents shall be held responsible for any action of Contractor under this Contract. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the Owner the matter shall be referred to Owner's engineer, whose decision shall be binding upon Contractor. 6 6. ASSIGNMENT FORBIDDEN Contractor shall not assign or transfer this Contract or any right, title or interest herein without the prior written consent of Owner. If Contractor attempts an assignment of this Contract or any right or interest herein, owner may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor of his assignee or transferee. 7. TERM The initial term of this Contract shall be from April 1, 1991 to March 31, 1992, unless terminated sooner as hereinafter set forth. After the initial term, the Owner and the Contractor may extend the Contract for additional increments of one (1) fiscal year each up to a maximum of four (4) years with renegotiated quantities and prices in accordance with the following procedure: (a) Owner shall submit to the Contractor, in writing, the estimated quantity of trees, turf, sprinkler heads, irrigation pipe, timer/controller, ground cover and shrubs to be maintained in the new fiscal year by February 15 of the previous fiscal year. (b) The Contractor shall submit to the Owner, in writing, unit prices for the work to be done in the new fiscal year by March 15, 1991 of the previous fiscal year. (c) The Owner shall either accept or reject the new unit price by March 31, 1991 of the previous fiscal year. (d) If the Contractor fails to submit a new unit price, or if the owner rejects the new unit price submitted by the Contractor, the contract shall not be renewed for the following 7 fiscal year. 8. TERMINATION This agreement may be terminated by Owner at any time by giving Contractor fifteen (15) days advance written notice. In the event of termination by Owner for any reason other than the fault of Contractor, Owner shall pay Contractor for all work performed up to that time as provided herein. 9. ATTORNEY FEES AND COSTS If any action is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to recover from the losing party attorney fees in an amount determined to be reasonable by the court, together with costs and necessary disbursements. 10. NOTICES Any notice required to be given under the terms of this Contract shall be sufficient and complete upon depositing the same in the United States mail, with postage prepaid and addressed as follows: Owner Contractor City of Redlands Mentone Turf Supply 30 Cajon Street P.O. Box 592 P. 0, Box 3005 1812 Mentone Blvd. Redlands, CA 92373 Mentone CA 92359 8 11. COUNTERPARTS This agreement shall be executed in two (2) counterparts, each of which shall constitute an original. IN WITNESS WHEREOF,, each of the parties has caused this contract to be executed the day and year first above written. OWNER CITY OF REDLANDS ATTEST: _.-C-ity Cerk tly r CONTRACTOR Y � 9 CITY OF RED DS STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 1 CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING OF TRACT NO. 13282 ORIGINAL DISTRICT 1A TRACT NO. 13434 ORIGINAL DISTRICT 1B TRACT NO. 13496 ORIGINAL DISTRICT 1C TRACT NO. 13745 ANNEXATION 1A TRACT NO. 13765 ANNEXATION 1B TRACT NO. 13947 ANNEXATION 2A REDLANDS, CALIFORNIA DEPARTMENT OF COMMUNITY SERVICES INDEX DOCUMENTS A. Proposal Form B. Designation of Subcontractors SPECIAL PROVISIONS SECTION 1. specifications and Plans SECTION 2. Proposal Requirements and Conditions SECTION 3. Award and Execution of Work SECTION 4. Supervision of Work SECTION 5. Legal Requirements SECTION 6. General SECTION 7. Description of work SECTION S. Technical Specifications SECTION 9. Landscape and Irrigation System CONTRACT AGREEMENT SCHEDULE TRACT NO. 13745 ANNEXATION 1A SAN BERNARDINO AVENUE JUST EAST OF OCCIDENTAL DRIVE (NORTH SIDE) SUPPLEMENTAL ITEMS OF WORK ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL 1. 30 each Replacement of trees, in kind, at a price of. . . . . . . . . . . $ 37. 50 $ 1 , 125. 00 Refer to as-built plan 2 . 5, 000 sgft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . $ . 10 $ 500. 00 Refer to as-built plan 3 . 105 each Replacement of sprinkler heads, including necessary pipe, per linear foot, at a price of. . . . . . . . . . . . . . . . . . . . $ 7. 95 $ 834. 75 Refer to as-built plan 4. 1 each Replacement of timer/con- troller at a price of. . . . . . . . . $ 475. 00 $ 475. 00 Refer to as-built plan. 5. 16,000 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . $___11 . 75 $ 2, 937. 50 Refer to as-built plan --------------------------------------------------------------------------- 6. 322 each Replacement of shrubs, in kind, each at a price of. . . $ 8. 25 $ 2, 656. 50 Refer to as-built plan TOTAL SUPPLEMENTAL BID $ 8, 528. 75 SCHEDULE TRACT NO. 13496 ORIGINAL DISTRICT 1C ALESSANDRO ROAD ACROSS FROM HILLSIDE MEMORIAL P (EAST SIDE) SUPPLEMENTAL ITEMS OF WORK ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL 2. 91 each Replacement of trees, in kind, at a price of. . . . . . . . . . . $ 37. 50 $ 3, 412. 50 Refer to as-built plan 2 . 40, 000 sgft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . . $ . 10 $ 4, 000. 00 Refer to as-built plan 3 . 138 each Replacement of sprinkler heads, including necessary pipe, per linear foot, at a price of. . . . . . . . . . . . . . . . . . . . $ 17. 95 $ 2, 477. 10 Refer to as-built plan 4 . 1 each Replacement of timer/con- troller at a price of. . . . . . . . . $ 500. 00 $ 500. 00 Refer to as-built plan. 5. 52 , 000 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 . 75 $ 9, 546. 88 Refer to as-built plan --------------------------------------------------------------------------- TOTAL SUPPLEMENTAL SID $ 19, 936. 48 SCHEDULE TRACT No. 13434 ORIGINAL DISTRICT 1B SAN BERNARDINO AVENUE BETWEEN VERMONT STREET AND COLUMBIA STREET SUPPLEMENTAL ITEMS OF WU QRK ITEM QUANTITY UNIT DESCRIPTION 4F ITEMS WITH UNIT 'TOTAL 1. 47 each Replacement of trees, in kind, at a price of. . . . . . . . . . . 37. 50 $ 1 , 762. 50 Refer to as-built plan 2 . 5, 000 sgft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . . . 10 $ 500. 00 Refer to as-built plan 3 . 220 each Replacement of sprinkler heads, including necessary pipe, per linear foot, at a price of. . . . . . . . . . . . . . . . . . . . 7. 95 $ 1 , 749. 00 Refer to as-built plan 4 . 1 each Replacement of timer/con- troller at a price of. . . . . . . . . $ 475. 00 $ 475. 00 Refer to as-built plan. 5. 10, 000 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . 75 $ 1 , 335. 95 Refer to as-built plan --------------------------------------------------------------------------- 6. 137 each Replacement of shrubs, in kind, each at a price of. . . $ 8. 25 $ 1 , 1 .30. 25 Refer to as-built plan TOTAL SUPPLEMENTAL BID $ 7 , 452. 70 SCHEDULE TRACT NO. 13765 ANNEXATION 1B SAN BERNARDINO AVENUE CONNECTED TO THE EAST SIDE OF 'TRACT NO. 13795 EAST OF OCCIDENTAL DRIVE (NORTH SIDE) SUPPLEMENTAL ITEMS OF WORK ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL 1. 29 each Replacement of trees, in kind, at a price of. . . . . . . . . . . $ 37. 50 1 , 087. 50 Refer to as-built plan 2 . 1,500 sgft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . $ . 10 $ 150. 00 Refer to as-built plan 3 . 250 each Replacement of sprinkler heads, including necessary Piper per linear foot, at a price of. . . . . . . . . . . . . . . . . . . . $ 7, 95 $ 1 , 987. 50 Refer to as-built plan 4 . 1 each Replacement of timer/con- troller at a price of. . . . . . . . . $ 350. 00 $ 350. 00 Refer to as-built plan. 5. 6, 000 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 . 75 $ 1 , 101 . 51 Refer to as-built plan --------------------------------------------------------------------------- 6. 301 each Replacement of shrubs, in 2 5 kind, each at a price of. . . $ 8. $ 2, 483. 25 Refer to as-built plan TOTAL SUPPLEMENTAL BID $ 7, 159- 81 SCHEDULE TRACT NO. 13282 ORIGINAL DISTRICT 1A WABASH AVENUE BETWEEN BROCKTON AND XENDOCINO WAY SUPPLEMENTAL ITEMS OF WORE ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL 1. 23 each Replacement of trees, in kind, at a price of. . . . . . . . . . . $___3 7. 5 0 $ 862. 50 Refer to as-built plan 2. 6, 000 sqft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . . $ . 10 $ 600. 00 Refer to as-built plan 3 . 200 each Replacement of sprinkler heads, including necessary pipe, per linear foot, at a price of. . . . . . . . . . . . . . . . . . . . $ 7. 95 $ 1 , 590. 00 Refer to as-built plan 4. 1 each Replacement of timer/con- troller at a price of. . . . . . . . . $ 350. 00 $ 350. 00 Refer to as-built plan. 5. 900 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . . . . 11 . 75 $ 1 , 652. 40 Refer to as-built plan --------------------------------------------------------------------------- 6. 160 each Replacement of shrubs, in kind., each at a price of. . . $ 5. 25 1 , 320. 00 Refer to as-built plan TOTAL SUPPLEMENTAL BID $___±, 374- 90 PROPOSAL THE MAINTENANCE OF LANDSCAPING AND IRRIGATION FOR ORIGINAL LANDSCAPE DISTRICT 1.A, 18, 1C AND ANNEXATIONS lA, 1B AND 2A CITY OF REDLANDS, COMMUNITY SERVICES DEPARTMENT The undersigned hereby agrees to provide services for the maintenance of landscaping and irrigation for Assessment District No. 1 of original Landscape District 1A, 1B, 1C and Annexations 1A, 18, and 2A in the City of Redlands as set forth below; between the dates of April 1, 1991 and March 31, 1992, upon request of the City of Redlands and in such quantities as the City may request, as set forth below: Item Description Quantity Unit Price Total Price 1. Maintenance of trees Refer to as-built plans. 299 ea. $ 5. 50/Yr. $ 1 , 644. 50 2 . Maintenance of turf per sf. Refer to as-built plans. 85,250 sf $ . 01023 $ 10, 465. 20 3 . Maint. of sprinkler heads. Refer to as-built plans. 1, 163 ea $ . 11 $ 1 , 535. 16 4. Maint. of irrigation pipe. Refer to per linear as-built plans. foot $ . 0022 $ 1 , 100. 00 5. Maint. of timer/ controller. Refer to as-built plans. 6 ea. $ 49. 56 $ 297. 36 6. Maint. of groundcover per sq. ft. Refer to as-built plan. 105, 625 sf $ . 006 $ 7,605. 00 7. Maint. of shrubs each. Refer to as-built plan. 995 ea. $ . 06 $ 716. 40 TOTAL PRICE $ 23, 363. 62 By. Mentone Turf Supply 1812 entone Blvd. , Mentone CA Name of Company Address of Company 92359 487170 ( 714) 794-4729 Authori , Rep ntative State License No. Company Telephone No. SCHEDULE TRACT NO. 13947 ANNEXATION 2A RESERVOIR ROAD BETWEEN DEVONSHIRE DRIVE AND WABASH AVENUE (SOUTH SIDE) SUPPLEMENTAL ITEMS OF WORK ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL 1. 79 each Replacement of trees, in kind, at a price of. . . . . . . . . . . $ 37. 50 $ 2, 962. 50 Refer to as-built plan 2 . 27,750 sgft Replacement of turf, in kind, per sq. ft. at a price of. . . . . . . . . . $ . 10 $ 2, 775. 00 Refer to as-built plan 3 . 250 each Replacement of sprinkler heads, including necessary pipe, per linear foot, at a price of. . . . . . . . . . . . . . . . . $ 7. 95 $ 1 , 987. 50 Refer to as-built plan 4. 1 each Replacement of timerJcon- troller at a price of. . . . . . . . . $ 550. 00 $ 550. 00 Refer to as-built plan. 5. 20,725 sgft Replacement of ground cover in kind per flat at a price of. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 . 75 $ 3 , 804. 91 Refer to as-built plan --------------------------------------------------------------------------- 6. 75 each Replacement of shrubs, in kind, each at a price of. . . $ 8. 25 $ 618. 75 Refer to as-built plan TOTAL SUPPLEMENTAL BIL) $ 12, 698. 66 DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 et seq 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. TRADE SEB-CONTRACTOR CITY LICENSE NO. CLASSIFICATION NONE 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 by any Special Provisions set forth herein and in accordance with the following special provisions: I - 1.02 DEFINITIONS Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency The City of Redlands Owner The City of Redlands Board The City Council of the City of Redlands Engineer As designated by the community Services Department City of Redlands Supervisor Authorized representative of the Community Services Laboratory The laboratory to be designated by the City of Redlands 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. Bi-Weekly Two week intervals Other terms appearing in the Standard Specifications, and these special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions, " in Standard Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-1 SECTION 2 2-1 PROPOSAL REQUIREMENTS AND CONDITIONS 2 - 1.01 GENERAL - Bids must be submitted on the proposal form contained herein. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check, or hid bond made payable to the City of Redlands, in the amount of twenty-five (25 ) of the bid. Such cash, check or band shall be given as a guarantee that the bidder will enter into the contract if his proposal is approved and the City Council is authorized to execute the contract. In the event the bidder whose proposal 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 proposal guarantee of 25% of The bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a forfeiture. Sid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3 - 1.01 GENERAL - The bidder whose proposal is approved by the City Council shall file with the Department of Community Services 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 the City Council in approving a bid proposal and authorizing said Council to execute a contract shall be deemed to obligate the bidder to proceed in accordance with the bid bond to execute the contract and provide required documentation (i.e. , insurance policies and performance bond) to the City. No work shall be undertaken toward the completion of the contract, nor subcontracts entered into, until the contract has been fully executed by both the Contractor and City. 3 - 1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Department of Community Services before the Contract is executed by the City in accordance with Section2- , "CONTRACT BONUS, " of the Standard. Specifications. In lieu of the Bond as referenced above, the Contractor may deposit with the City a cash amount equal to twenty-five (25 ) of the total amount bid for the first year's maintenance, whichever is greater. SP-2 The amount so deposited shall be retained by the City of Redlands 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. SECTION 4 4-1 SUPERVISION OF WORK 4 - 1. 01 INSPECTIONS - An inspection form will be completed by the Supervisor every week. Any items noted not to be in compliance with the specifications will be discussed with the Contractor's on-site representative immediately. Correction of these items shall be accomplished as set forth in Section 6-106 of this agreement. Continued non-compliance, 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 Supervisor to discuss and sign said inspection report. 4 - 1.03 REPRESENTATIVE OF CONTRACTOR - An authorized on- site 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 notes and making binding agreements on the prosecution of the work. The Supervisor shall be given 5 days prior written notice of a change of such representative. 4 - 1.04 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. 4 - 1.05 TERMINATION OF CONTRACT - The contract may be terminated by the Community Services Director, for continued failure to perform the items of work in accordance with this Agreement. A written Notice of Intent to Terminate the contract will be furnished to the Contractor by the Community Services Director in the event that this action is deemed warranted. This notice will be issued by certified mail. Termination of the contract will be effective 15 days thereafter. 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-3 SECTION 5 5-1 LEGAL REQUIRE 5 - 1.01 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 - 1.02 PA NT OF WAGE RATE - The contractor will be required to adhere to the State Minimum Wage ($4.25) for payment of per them wage for each worker needed in execution of this contract. Copies of the prevailing rate of per them wages for each craft, classification or type of work needed to execute this Contract are on file in Owner's Office and are available to interested parties upon request. Contractor agrees to comply with the penalty provisions of Section 1775 of the Labor Code $25 per worker per day) for failure to pay such prevailing rates. The supervisor shall have the right to interview any craft or worker 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 being paid. 5 - 1.03 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 Supervisor reserves the right to issue restraint or cease and desist order to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5 - 1.04 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 Supervisor at (714) 798-7508 or (714) 798-7528. 5 - 1.05 USE OF CHEXICALS - The Contractor shall submit a list of all chemical herbicides or pesticides proposed for use under this contract for approval by the Supervisor or his/her designee. This listing shall be limited to chemicals approved by the State of California, Department of Agriculture and not appearing on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and generic formulation, California registration No. and Chemical Abstract Service No. (Case #) , and based on the recommendations of a SP-4 a licensed pest control advisor. The use of chemicals shall conform to the current San Bernardino County Department of Agriculture regulations. SECTION 6 6-1 GENERAL 6 - 1.01 SOUND CONTROL REQUIREMENTS -W Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a snuffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said snuffler. 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 City Council of the City of Redlands. 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.. 6 - 1. 02 PERMITS AND LICENSE - The Contractor shall obtain a City Business License prior to execution of the contract. 6 - 1. 03 SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the cost bid for each item, unless the supplemental work is done for a negotiated price. Renovation of existing landscaping and appurtenant facilities due to age or poor growth as determined by the Supervisor and Community Services Director not related to Contractor's negligence shall be classified as Supplemental Items of Work. 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 - 1. 04 EXTRA WORE - 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. SP-5 6 - 1. 05 PAYMENTS - Payment will be made to the Contractor on or about the fifteenth day of each subsequent consecutive month during the tern of the contract in an amount equal to the total amount bid divided by the total number of months encompassed by the contract term. The first payment may be pro-rated in accordance with the actual portion of the month worked. The request for payment shall be hand delivered to the Supervisor at the monthly evaluation meeting. PAYXENTS WITHHELD -- The City may withheld 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 fulfilled. When the above grounds are removed, payment shall be made for the amount withheld, less any sums required to be expended by the City for correction of the loss. Interest shall not be paid on any withheld amounts. (See also Section 4-1. 04 of these Special. Provisions. ) 6 - 1.05 PROJECT APPEARANCE - The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his operations as work progresses. 6 - 1.06 FAITHFUL PERFORXANCE - The Community Services Director shall have right of review of the performance elements of the maintenance contract. A Supervisor from that department will be responsible for checking the performance of the Contractor to the established standards and reporting any lack of maintenance to the Director. The Contractor will be notified of any maintenance failure and will have a reasonable amount of time, as determined by the Supervisor, 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 Supervisor will notify the Director who will have the option of terminating the contract and readvertise for a new contractor. The necessity of sending more than two (1) 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 SP-6 cash or bond deposited with the City as a performance band shall be forfeited by the Contractor to cover all casts incurred by the City as a proximate result of Contractor's failure to perform as required by the ,Agreement. 6 -- 1. 07 HOUR OF LABOR -- The Contractor shall conduct his operations during the hours specified hereinafter. 6 - 1.08 MONTHLY EVALUATIONS - The Supervisor shall prepare a monthly evaluation and performance report relative to the project area. Contractor and Supervisor shall meet at least once each month at the office of the Supervisor or at another location as agreed upon by the parties, to discuss the report. Weekly reports may constitute the monthly evaluation based upon the Supervisor's discretion. 6 - 1.09 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 Supervisor 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 Supervisor, with a company identifying marker. The Supervisor 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 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, as determined by the Supervisor shall be provided for all work done by the Contractor's employees to ensure accomplishment of a first class jab. SECTION 7 7.1 DESCRIPTION OF WORK 7 - 1. 01 GENERAL - It is the intent of these Special Previsions 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 Supervisor. SP-7 7 - 1.02 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. 7 - 1.03 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 lump sun contract bid price for, "Maintenance and Repair of the Landscaping and Irrigation System, " and no additional compensation will be allowed therefor. 7 - 1.04 WORK TO BE PERFORMED - The work to be performed consists, in general, of the following: A. Complete landscape maintenance of all contract areas to include litter control, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plant; 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. 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. 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. The Supervisor may grant, on a case by case basis, permission to perform contract maintenance at other hours. SP-8 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 Supervisor prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing, to the Supervisor immediately. 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 Supervisor at least five (5) working days in advance of performing these operations. The Contractor will be responsible for replacing trees and plant material due to overwatering, underwatering or improper horticultural practices or neglect as determined by the Supervisor. 7 - 1. 05 CONFLICTS - This area is subject to ongoing 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 in Section 7-1. 02 for future work. SECTION 6 8-1 TECHNICAL SPECIFICATIONS 8 - 1.01 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, " latest edition, published by the State of California. A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless approved otherwise by the Supervisor. 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 therefor. SP-9 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 - 1.02 COOPERATION AND COLLATERAL WORK - Attention is directed to Section 7.7, "Cooperation and Collateral Work, " of the Standard Specifications, and these Special Provisions. Certain companies, governmental agencies, or their contractors may be working within the area. Certain utility facilities in various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies ' contractors. It is anticipated that these existing utilities will not interfere with the Contractor's operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The utility locations shown on the original landscaping plans are correct to the best of our knowledge. When in doubt, the Contractor shall contact the utility concerned before proceeding further. Full compensation for conforming to the requirements of this Section not otherwise provided for, shall e considered as included in the lump sum prices paid for the work involved and no additional compensation will be allowed therefore. 8 - 1. 03 CLEANUP AND DUST CONTROL - Cleanup and dust control shall confirm to the provisions in Section 7-8.1. "Cleanup and Dust Control, " of the Standard Specifications. SP-10 SECTION 9 9-1 LANDSCAPE AND IRRIGATION SYSTEM 9 - 1.01 The Contractor shall provide the following repairs, maintenance and supply all needed materials, and perform the work as necessary in accordance with the following schedules: A. Repairs to Irrigation System - The Supervisor 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. The Contractor shall, at no cost to the City, repair, replace, clean and adjust, straighten, raise and lower sprinkler system components as follows: Sprinkler heads Sprinkler head risers Valve covers Valve boxes or sleeves Quick coupler valves and hose bibs Bubbles, emitters, etc. Sprinkler system lateral piping Sprinkler main (pressure line) Sprinkler control valves Sprinkler controller Valve wiring to controller The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components due to his own negligence. 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 replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the Supervisor. SP-11 B. Maintenance Schedules The following items of work shall be performed by the contractor with the frequency indicated: Pick up of trash and debris Daily (5 days/week) Irrigation test Weekly Rodent control Weekly Irrigation repair check Daily (5 days/week) Trimming/Pruning Bi-monthly Fertilization (small trees, shrubs, ground cover) Bi-annually Fertilization (turf) Quarterly Weeding slopes (all debris to be removed) Monthly Weeding (shrub/planter beds) Weekly Raking beds Weekly Shrub/planter bed edging Bi-monthly Pruning shrubs Quarterly Sweeping/blowing walks (after mowing/edging Weekly Washing walks/median hardscape Monthly Clean concrete drainage channels Monthly Spraying for pre-emergents Quarterly Spraying for broadleaf weeds Bi-annually Lawn mowing Weekly Lawn edging Weekly Lawn trimming Bi-monthly Lawn aerification Annually Pest control on trees As needed Lawn renovation Annually Lawn trimming shall include trimming around all poles, obstructions, tree wells, sprinkler heads and other miscellaneous items as designated by the Supervisor. Lawn renovation shall include: 1. Eradication of undesirable species. 2. Thatch removal by vertical mowing. 3 . Cultivation by coring, grooving, slicing or spicing. 4. Fertilization and possibly liming. 5. Seeding (with seed approved by the Supervisor) 6. Repair damaged irrigation facilities. 9 - 1. 02 METHOD OF PERFORMING WORK A. Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of his responsibility. SP-12 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, 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 eventcE unusually hot/dry weather conditions (as are present during Winter Santa Ana conditions, or other items of less humidity or high winds, or during a prolonged high temperature period during the summer months. ) 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 prevent erosion. 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 run-off at a minimum. The irrigation rates shall be adjusted to the needs ofshrub 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 berm or basins where needed shall be maintained during the establishment period. 9 - 1.03 PRUNING SHRUBS 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. head 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 Supervisor, will not be permitted. SP-1.3 9 - 1.04 SOIL FERTILIZING AND PEST CONTROL AGENTS - Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions. Manure shall not be used as a fertilizer or soil conditioning material. A. T]arf Grass Fertilization of 8-8-8 formula of all turf grass areas within the designated work area shall be accomplished quarterly with a complete commercial fertilizer in homogenous pellet form. Guaranteed analysis shall be approved by the Supervisor. Fertilizer shall be packaged in multi-wall paper bags, polyethylene-lined for moisture resistance. Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth as determined by the Supervisor or based on the results of the soil testing and at the times specified below: July 1 - July 15 October 15 - November 1 January 15 - February 1 April 15 - May 1 B. Shrub Beds, Ground Cover, and Small Tree Fertilization Fertilization of all shrub beds, ground cover areas and all young trees (311 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 Supervisor. 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 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. C. Mgterials The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. The pest control agents shall be as required by the Landscape Cost Estimating reference. SP-14 Spraying of chemicals will not be permitted under windy conditions as determined by the Supervisor. 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 Department of Community Services. 9 - 1._05 PLANTS - 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 Estimation reference and these Special Provisions. Replacement of plants shall be in accordance with construction plans and Special Provisions and/or with the landscaping construction plans for the various subdivisions which are included within this project. 9 - 1.06 IRRIGATION SYSTEM - The irrigation system will be maintained as follows: 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 equal by the Supervisor. B. All other irrigation component repairs will be accomplished by the Contractor. This will include laterals, main lines, control valves, control wire, controller and any other items in the system. All materials or parts shall be the same brand or approved equal. Contractor shall notify the City Supervisor immediately before making any such repairs by calling 798-7508 during working hours. 9 - 1.07 LAWN - All lawn areas will be maintained as follows: A. All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation. B. Fertilizer shall be applied in granular form and shall be moisture-free so as to obtain optimum spread. Notify the Supervisor 2-3 days before application and submit bag tag. C. All lawn areas included in this contract shall be mowed with approved power-propelled reel-type or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. SP-15 D. Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers are to provide a uniform, level cut no higher than two inches. E. Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may request, from the Supervisor, for reasons of rain or prolonged cold, alteration of this mowing frequency. F. Renovation shall be any approved operation that removes accumulated thatch from turf areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Supervisor ten (10) days prior to beginning work; renovation shall occur upon thirty (30) days notice from the Supervisor. 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 be done on an annual basis following the fall renovation and prior to October 1 of each year. All turf areas shall be overseeded with a seed mix that meets with the Supervisor'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. H. Turf area shall be aerified a minimum of one time per year. Aerification will be scheduled immediately prior to the July fertilization. Under adverse conditions or as a result of high use where turf is suffering from compaction, aerification may be necessary at more frequent intervals. The frequency intervals shall be as required to promote healthy vigorous growth as determined by the Supervisor. A schedule of aerification equipment to be used shall be submitted to the Supervisor ten (10) days prior to beginning work. I. All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. J. Any turf to be replaced which suffer any act of God, vandalism, disease or other destructive occurrences, in excess of the number stated in the bid items shall be classified as Supplemental Items of Work. 9 - 1.08 HANDWORK - The cleaning of areas adjacent to curbs may require handwork. However, no such handwork shall be performed and charged for without advance written authorization from the Supervisor. SP-16 Typical equipment for hand crew; A. High wheel mowers. B. Power weed cutter/gas power string trimmer (green machine, weed eater, etc. C. Hand tools and safety equipment as needed. U. Trash removal truck (may be the same as for debris removal) 9 - 1.09 ROADBED AND WEED CONTROL - All future roadbed adjacent to landscaped areas and traffic island, if any, shall be treated with a 12-month residual bread spectrum weed control annually. All landscaped areas within the specified maintenance area including lawns, shrubs 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 - 1.10 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 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. The Contractor shall bring to the attention of the Supervisor 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 Supervisor 48 hours prior to any pruning. 9 - 1.10 FREE REPLACEMENT -- All tree replacements will be 15 gallon, in kind and shall include the removal of the existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be 2-1/2 times the diameter and same depth as the root ball. Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by the City of the type and location of trees to be replaced or as determined by the Supervisor. S -17 Any trees to be replaced which suffer any act of God, vandalism, disease or other destructive occurrences, in excess of the number stated in the bid item shall be classified as Supplemental Items of Work. Tree removal and replacement due to the Contractor's negligence shall be at Contractor's expense. All newly planted trees shall be securely staked at all times with 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. SP-18 CERTIFICATE OF IIJSURANCE (General Operations) ISSUED TO: City of Redlands, P.O. Box 3005, Redlands California 92373 THE CANADIAN INSURANCE COMPANY OF CALIFORNIA Name of Insurance Company Does hereby certify that the following described policy is in force at this date, and that the following statements are correct: CSP 1604757 Policy NO. SBA 1800777 —Policy Period 11/14/90 to— 1I114/91 Inception Expiration Name of Insured DANIEL GRIFFEN, DBA: MENTONE TURF SUPPLY, INC. & TURF LANDSCAPE MAINT. Post Office Address 1812 MENTONE BLVD. MENTONE, CA 92359 Street city State Zip COVERAGES AND LIMITS OF LIABILITY $1, 000, 000. 00 each person BODILY INJURY LIABILITY $1, 000, 000. 00 each occurrence $1, 000, 000. 00 aggregate products PROPERTY DAMAGE LIABILITY - AUTOMOBILE $200, 000. 00 each occurrence $200, 000. 00 each occurrence PROPERTY DAMAGE LIABILITY - $200, 000. 00 aggregate operations EXCEPT AUTOMOBILE $200, 000. 00 aggregate protective $200, 000. 00 aggregate products $200, 000. 00 aggregate contractual The policy described above contains or has been endorsed to contain the following conditions: HAZARDS COVERED The policy is a Comprehensive Liability form covering the liability of the insured arising out of the following hazards: (1) Premises and operations, (2) Contractual (all written contracts) , (3) Owners or Contractors Protective, (4) Products-Completed Operations, (5) ownership, (6) Ownership, Maintenance or use of any automobile. ADDITIONAL NAMED INSUREDS City of Redlands, Officers, Employees, Agents, Boards and commissions are included as named insureds. PRIMARY INSURANCE Rhe insurance afforded by the policy as respects the additional named .nsured shall be primary insurance. NOTICE OF CANCELLATION OR CHANGE 'ancellation or material change in the policy shall not be effective as Qpects the interests of the additional named insureds before thirty (30) ays after written notice of such change or cancellation has been received Y the City of Redlands at their address shown herein. INSURANCE COMPANY AUTHORIZED REPRESENTATIVE ame: IH_E CANADIAN INSURANCE CO. OF CA Name: PARKWEST INSURANCE SERVICES, INC. 1dress: P.O. BOX, 7350, COSTA MESA, CA 92628 Address: 414 TEN7, SSE F,,-,#F REDLANDS,- A 92373 ited: _ APRIL 23, 1991 Signed: Place: REDLANDS, CA 92373 �' LI �f'- {, ISSUE DATE rrvttVDDi I 4/23/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF ENFORFdATEaN ONLY AND CONFERS .r, PAI2KWE$T INSURANCE SERVICES, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CEP.TIFIC_'ATE DOES NOT AMEND, + EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 414 TENNESSEE, SUITE F --- - REDLANDS, CA 92373 COMPANIES AFFORDING COVERAGE Ir lip COMPANY TES THE CANADIAN INSURANCE CO. OF CAS ' INSU€'ED LEI-TER I COMPANY DANIEL GRIFFEN LETrcP. c DBA: MENTONE TURF SUPPLY, INC. & -- — - -- -- ----- – --- _ ,–_ _�_ TURF LANDSCAPE MAINTENANCE COMPANY C) LETTER 1812 MENTONE BLVD. ----- --,. ----------___.-.�-_-- ----.__._. ---_ -_-__-- k MENTONE, CA 92359 �7ER ` E I .t' 1,000, 1 x CSP 1504757 11/14/90 11/14/91 11000, 1,000, 1 ti 1,000, 50, ,F s f .5: s' I ' 500, r�l X SBA 1800117 11/14/90 11/14/91 ,rl II. 4; ti w: I_ ' ED kCITY OF RI.ANDS � � . P.o. BOX 3005 f; 30 REDLANDS, CA 92373 > 'ALA .tu-- ''S -�'w J�"-~:If I 'll IIJII 1 •� -i:: v. ... Aj CSB 1,60 757 POLICYN1�1 1 # : l C mmE cIAL.{ A;I E CANADIAN INSURANCE CO. OF CA THIS 9NDORSEMENT C AMS THE -OUM [ EASE READ IT CAREFUL.�Y , t t ADDITIONAL ORI., . CONTRACTORS M This r Ott Modifift In� r rl -- i Under the foilowing; + MME CI L GEI AL.LIA I I 'Y COVERAGE DART, SCHEDULE Namo of P000n or Organization- CITY CP REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 I i I1 no entry.. . r� as th, _Mrs above,itl r tion r tjuir dl t m plk:this��rrr�l r'� ment will be ire t C�eC��t^�t��n WHo I •AN INSURED tl r 13) Is arrielided to Irr l (;In fritured the Peron or ortanilation shown Its t e i'+e tl ,Out-onty with respect tO Itabiirty &jt Apt�r " , arising � ��tr �i�, � �that ins b� r� q � } . f!" } • ` 20 10 11 as COPYrl ht� In rr rjC,, S r1 1 : OffIc e, 1110,, 1984 is.