HomeMy WebLinkAboutContracts & Agreements_187-2024AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of landscape maintenance services at City parks, medians,
and Landscape Maintenance Districts ("Agreement") is made and entered in this 15th day of
October, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation
("City") and American Landscape and Maintenance, Inc., a California corporation ("Contractor").
City and Contractor are sometimes individually referred to herein as a "Party" and, together, as
the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree
as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform landscape maintenance services at City parks,
medians, and Landscape Maintenance Districts services for City (the "Services"). The
Services that Contractor shall perform are more particularly described in Exhibit "A," titled
"Scope of Services," which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign
to City all rights, title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Tabitha Crocker, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by this reference.
4.2 The term of this Agreement shall be from the Effective Date of this Agreement through
June 30, 2025 (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term. The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor's performance of the Services shall not exceed the
amount of One Hundred Sixty -Six Thousand Six Hundred Fifty -Four Dollars ($166,654)
for the Services provided during the Initial Term. The compensation for Contractor's
performance for the Services shall not exceed the amount of One Hundred Ninety Nine
Thousand Nine Hundred Eighty -Five Dollars ($199,985) for the first Extended Term; and
One Hundred Ninety Nine Thousand Nine Hundred Eighty Five Dollars ($199,985) for the
second Extended Term, bringing the total possible amount of compensation to a not -to -
exceed amount of Five Hundred Sixty -Six Thousand Six Hundred Twenty Four Dollars
($566,624). For the Initial Term and each Extended Terms, City shall pay Contractor on a
time and materials basis up to the not to not -to -exceed amount in accordance with the rates
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specified in Exhibit "B," titled "Price and Fee Bid," which is attached hereto and
incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Daniel Stauffer, CEO
American Landscape and Maintenance, Inc.
PO Box 10428
San Bernardino, CA 92423
dan.stauffer@almcontractor.com
909-307-1674
909-793-1492
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
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B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Contractor,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
malting a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
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position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
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pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF REDL S AMERICAN LANDSCAPE AND
MAINTENANCE, INC.
By: By:
ddie Tejeda, Mayor, Daniel Stauffer, CEO
ATTEST:
nne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
1. GROUNDCOVER CARE
A. Turf grass Mowing:
• The Contractor shall mow all turf grass with adequately sharpened rotary
type mowers as to provide a smooth and even cut without tearing of turf
grass blades.
• The blade adjustment shall provide a uniform, level cut without ridges,
depressions or scalping. All cool season turf grasses shall be cut with a
power -driven rotary mower at a 2.5" height, and from November to
February at a 2.5" — 3" height from March to October.
• Turf grass mowing heights may be adjusted by the Field Services
Superintendent, or their authorized agent, during periods of turf grass
renovation.
• Care shall be exercised to avoid depressions in the established grade from
mowing when the soil is saturated.
• The Contractor shall submit, in writing, a mowing schedule within ten
(10) days after the start of the maintenance contract. This mowing
schedule shall be approved by the Field Services Superintendent or their
authorized agent. Any alteration of the approved mowing schedule shall
be submitted in writing to the Field Services Superintendent, or their
authorized agent, for approval prior to implementation.
B. Turf Grass Edging and Trimming
• Turf grass edging and trimming shall be performed per frequency
schedule at the time of mowing.
• Edging of turf grass shall be performed with a power edger containing a
steel blade, the use of string trimmers (weed -eater) to edge turf areas is
not a practice acceptable to the City. The use of a stick edger is
acceptable.
• All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds,
and where no improved surface exists, shall be edged in a neat uniform
line.
• Where facilities include a softball or baseball field, the infield radius shall
be edged regularly to keep radius clearly defined. Grass and weeds shall
not encroach into the infield and shall be treated/removed immediately.
• Trimming of turf grass shall be performed along walls, and around valve
boxes, water meter boxes, backflow devices, trees, shrubs, or any
structures located within the turf grass area.
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• Tree trunk protectors shall be provided and installed, at no additional cost
to the City, when string trimmers are utilized for trimming around the
base of trees. The City may allow a sixteen -inch (16") diameter mulch
ring around trees to eliminate continual string trimming.
• A four -inch (4") barren strip shall be provided, and maintained, between
turf grass areas and adjacent ground cover. Edging of turf grass and
ground cover shall provide uniform delineation adjacent to this barren
strip.
• Trimming of plant material may be required around sprinklers to provide
maximum irrigation coverage.
• All clippings and trimmings shall be removed from the work site the same
day work is performed and prior to the contractor vacating the work site.
• After mowing and edging is completed, all adjacent walkways and gutters
shall be swept or blown clean.
• Blowing and disposing of grass clippings into the City storm drain system
and/or streets shall not be permitted.
C. Turf grass Fertilization (Upon Request)
The turf grass shall be continually fertilized a minimum of 4 x per year
with additional application if needed, to provide a healthy and vigorously
growing turf grass with horticultural acceptable growth and color, as
determined by the Field Services Superintendent or their authorized
agent.
• Fertilization shall be performed with a balanced fertilizer, consisting of a
3-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square
feet of area. Any change in the fertilizer ratio and/or rate shall be
submitted in writing and approved by the Field Services Superintendent
or their authorized agent, prior to usage.
• The Contractor shall notify the Field Services Superintendent or their
authorized agent, in writing, five (5) working days prior to any fertilizer
application. This written document shall include the following:
o Location and exact date the fertilizer application will be
performed.
o Type of fertilizer and method of application to be used.
• The Contractor shall immediately irrigate (staff shall be present when
irrigating during the day) after each fertilizer application and repair with
sod (Dwarf Fescue) any damaged areas due to fertilizer/chemical burn.
All fertilizer applications shall be performed with properly calibrated
equipment to provide a uniform application.
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• Light verticutting and thatch removal of warm season turf grass (where
present) shall be performed between September 30th and October 15th or
as directed by the City Representative.
Over -seeding shall be performed within two (2) days after verticutting
with properly calibrated seeders. Warm season turf grass shall be over -
seeded at a rate of ten (10) pounds of seed per 1,000 square feet. A 3-way
dwarf type Bermuda grass seed shall be used. Seed tags shall be provided
to the Field Services Superintendent or their authorized agent. Additional
over -seeding shall be performed if less than 80% germination occurs
within the first month.
• Top dressing shall be performed using a properly calibrated top -dressing
machine and seed shall be topped with one -eight inch (1/8") of weed free
topper. The topper must be approved by the Field Services
Superintendent, or their authorized agent and shall not contain steer
manure (City reserves the right to provide the topper needed if available
and in stock).
• Reseeding of bare spots shall be performed continually throughout the
year to reestablish turf to an acceptable quality. If quality does not meet
the City acceptance contractor shall replace with sod (Bermuda grass,
Dwarf Fescue or equal).
The Field Services Superintendent or their authorized agent, will require
the use of sod as a replacement material when deemed necessary. The
Contractors shall be entitled to the wholesale cost of the sod only,
provided the loss of turf grass was not due to the negligence of the
Contractor. Sod shall be Bermuda grass or Dwarf Fescue.
D. Aeration (all parks)
All turf grass shall be aerated four (4) times per year, once every quarter,
starting July 1 st. Aeration shall be performed with a ride on or a walk
behind aerator machine which has one-half inch (1/2") to one inch (1 ") in
diameter coring tines spaced no more than six inches (6") apart. The
machine shall remove cores from the turf to a depth of 4-6". Dragging or
pulverizing of cores is acceptable.
E. Turf grass Irrigation
• All turf grass shall be adequately irrigated to maintain a healthy and
attractive appearance. Irrigation runoff and over spray shall be
minimized. Where possible, the turf grass irrigation shall be on a separate
program from other plant material irrigation. Turf grass shall be irrigated
in a method which promotes deep root growth.
• At facilities with softball and baseball infields, Irrigation shall be adjusted
so as not to overlap into the infield mix. Any reports of saturated infield
mix from irrigation shall be addressed immediately.
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2. SHRUB CARE
A. Pruning of Shrubs
• Shrubs shall be pruned with sharp pruning tools. Use of hedge shears to
prune shrubs will not be permitted.
• Shrubs shall be continually pruned, as necessary, to prevent
encroachment of passageways, walks, streets, and view of signs. Shrubs
shall be tapered to provide irrigation coverage and an aesthetically
pleasing landscape.
• All pruning cuts shall be one -quarter inch (1/4") above a node (bud). No
projections or stubs shall be allowed to remain.
• After pruning is completed, all adjacent walkways and gutters shall be
left clean. Blowing and disposing of any debris into the Storm Drain
system and/or streets shall not be permitted. If found, Contractor will face
liquidating damages as follows; 1 st violation $ 500.00, 2nd. violation
• $1000.00, 3rd. violation and thereafter $3000.00 and/or possible
cancellation of contracts.
• During blooming season, vines shall be trimmed minimally so as not to
remove floral display areas.
• Pruning shall be done to maintain a well-groomed, natural growth habit,
and encourage air movement through shrubs.
• The Contractor shall remove all clippings the same day shrubbery is
pruned and prior to vacating the work site.
• Pruning of roses (except for trailing roses) shall be accomplished using
best horticultural practices. The use of hedge shears to prune roses will
not be permitted. Roses shall be deadheaded as needed and shall be heavy
pruned once per year.
• New plantings, once approved by the City Representative, shall take
place within a week from the date reported.
B. Shrub Fertilization
• Shrubs (including roses) shall be fertilized a minimum of 3x per year or
as directed by the Field Services Superintendent, or their authorized
agent, with a balanced fertilizer specific for the type of plants. Roses shall
be fertilized once following heavy pruning and one additional time per
year.
• Foliar fertilization may be performed when appropriate and will require
the approval of the City Representative.
C. Shrub Irrigation
• All shrubs shall be adequately irrigated to maintain a healthy and
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attractive appearance. Irrigation runoff and over spray shall be
minimized. Shrubs shall be irrigated in a method which promotes deep
root growth.
D. Shrub Replacement
All damaged, diseased (untreatable) or dead shrubs shall be replaced with
the same species plant material that existed (unless a disease situation is
discovered affecting the specie). Shrubs shall be replaced within 7 days
after being identified by the contractor or authorized agent. Size of the
replacement plant material is to be determined by the authorized agent.
The Contractor shall be responsible for the complete removal and
replacement of shrubs lost due to the Contractor's faulty maintenance or
negligence, as determined by the Field Services Superintendent, or their
authorized agent.
• Substitutions or any plant materials must have prior written approval by
the Field Services Superintendent, or their authorized agent.
• Original plans and specifications may be consulted to determine correct
identification of species.
• All shrubs shall be guaranteed to live and remain in a healthy condition
for the duration of the contract from the date of installation, inspection
and verification by the Field Services Superintendent, or their authorized
agent.
• Soil build-up around the crown of shrubs shall be continuously removed.
E. Vine Maintenance
• Vines shall be trimmed as needed to promote upright growth and shall be
kept attached and contained on the structure.
All vines shall be trimmed on a as needed basis by the contractor, the
standard of the City is to trim vines one block below the top of the wall,
the City understands that its vines in some sites are mature and have
grown over the top of the wall, the contractor shall only be responsible to
trim the vines that are solicited by our residents and will have to adhere
to the standards herby mentioned. No vines will be allowed to grow in
newly installed wood fences or wood fence extensions (above the top of
the fence or block wall). Vines shall be trimmed tight and follow
horticultural standards.
3. GROUNDCOVER CARE
• Groundcovers are low growing plants that grow in colonies to form a
solid mat over the surface of the ground. The plants give a flat or two-
dimensional effect to the landscape, such as, but not limited to,
Honeysuckle, Myoporum, Senecio, Rosemary, Lantana, Ivy (spp.) Salvia
(spp•)
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A. Edging and Trimming of Groundcover
• Edging of groundcover areas shall be performed monthly or as needed.
• All groundcover adjacent to sidewalks, curbs, mowing strips, or where
no improved surface exists, shall be edged in a neat, uniform line.
• All groundcover shall be continually trimmed at the drip line of all
shrubs.
• All groundcover shall be continually trimmed along walls, valve boxes,
water meter boxes, backflow devices, or other structures located within
the groundcover area as determined by the Field Services Superintendent,
or their authorized agent. Thinning of groundcover may be required
around sprinklers to provide maximum irrigation coverage.
• All clippings and trimmings shall be removed from the work site in a
legal manner the same day work is performed and prior to the Contractor
vacating the work site.
• After edging or trimming, the Contractor shall clean all adjacent
sidewalks or gutters.
B. Renovation of Groundcover Areas
• Groundcover planting shall be thinned and pruned for the health of the
planting and the appearance of the site, or as required by the Field
Services Superintendent or their authorized agent.
C. Replanting of Groundcover Areas
• Replanting shall be required to maintain the continuity of the
groundcover areas that die back after awarding the contract.
• Labor and replacement material costs shall be incurred by the Contractor.
D. Groundcover Irrigation
• All groundcover areas shall be adequately irrigated to maintain a healthy
and attractive appearance.
• Irrigation runoff and overspray shall be minimized.
E. Groundcover Fertilization
• The groundcover shall be fertilized during growing season, minimum I
per year, to provide a healthy and vigorously growing ground cover with
horticultural acceptable growth and appearance, as determined by the
Field Services Superintendent or their authorized agent.
• Fertilizing shall be performed with a balanced fertilizer, consisting of a
1-1-1 ratio, at a rate of one pound (1 lb.) of actual Nitrogen per 1,000
square feet. Any change in the fertilizer ratio and/or rate shall be
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submitted in writing and approved by the Field Services Superintendent
or their authorized agent, prior to usage.
• The Contractor shall immediately irrigate after each fertilizer application.
• All fertilizer applications shall be performed with properly calibrated
equipment to provide a uniform application.
• The Contractor shall notify the Field Services Superintendent or their
authorized agent, in writing, five (5) working days prior to any fertilizer
application. This written document shall include the location and exact
date the fertilizer application will be performed, type of fertilizer and
method of application to be used.
4. IRRIGATION INSPECTION
• The Contractor shall initially inspect and familiarize themselves with the
entire irrigation system at all work sites and identify all needed repairs.
• Required repairs shall be submitted to the Field Services Superintendent or
their authorized agent, in a written statement within two (2) weeks after the
start date of the Maintenance Contract. If a written statement, which
documents required repairs, is not received by the authorized agent, within
the stated timeframe, the entire system shall be interpreted as fully
operational, and deemed acceptable by the Contractor and will become his
sole responsibility to maintain. The City shall review and verify all submitted
problems, repairs may be completed by the following methods:
• The Contractor shall file a monthly statement with his invoice certifying that
all irrigation systems are functioning properly. If the Contractor fails to
submit this statement, the invoice will be rejected until such date the
statement is received.
The Contractor shall inspect the operation of the irrigation system on a
weekly basis for any malfunctions. In addition to regular testing, all irrigation
systems shall be tested and inspected as necessary when damage is suspected,
observed or reported.
All system malfunctions, damage and obstructions shall be recorded,
reported to the Field Services Superintendent or their authorized agent, and
corrective action taken.
5. IRRIGATION MAINTENANCE AND REPAIRS
A. The Contractor shall maintain all irrigation systems, at no additional cost to the City, in
such a way as to:
• Guarantee proper coverage and full working capability.
• Make whatever adjustments may be necessary to prevent over spray or
excessive runoff into street rights -of -way or other areas not meant to be
irrigated.
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The Contractor shall repair or replace at no additional cost inoperable
irrigation equipment to maintain a fully operational system, including but
not limited to, pressure pipes from the water meter to the control valves,
all irrigation non pressurized pipes, all manual and automatic valves,
filters, basket strainers, pressure regulators, sprinkler heads, irrigation
clamps and stakes, anti -drain valves, quick couplers, electrical wiring
from the controller to the solenoid valves, emitters, drippers, valve boxes,
controllers, valve markers, batteries, fittings and risers shall be the same
as to removed manufacturer items unless prior approval has been granted
by City representative in writing.
Maintenance includes, but is not limited, tightening loose fittings and
packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters,
strainers, and backflow devices; adjusting sprinkler heads for proper
coverage and to avoid irrigating hardscape including softball and baseball
infield radius; anti -drain valves and pressure regulators, adjusting and
lubricating controllers; and cleaning drip emitters, replace batteries for
battery operated valves and maintain solar operated valves, relocation of
irrigation mainline or lateral lines due to tree placements and roots.
B. Irrigation repairs shall be made within the following time limits:
• Mainline irrigation breaks shall be repaired within two (2) hours of
identification or notification. All other irrigation repairs shall be made
within one (1) day of identification or notification.
• Replacement of irrigation components shall match existing, or
equivalent. Substitutions must be approved by the Field Services
Superintendent or their authorized agent, in writing prior to installation.
6. WATER CONSERVATION
The Contractor shall turn off all irrigation systems during periods of rainfall
and/or times when suspension of irrigation is desirable to conserve water
while remaining within the guidelines of good horticulturally acceptable
maintenance practices.
The Contractor shall comply with all City of Redlands Ordinances and/or
Resolutions, which relate to water conservation.
7. CONTROLLER PROGRAMMING
A. Adequate soil moisture will be determined by programming the automatic sprinkler
controllers as follows:
Whenever possible, automatic irrigation shall be programmed to operate
between the hours of 9:00 P.M. to 8:00 A.M. The Contractor shall be
responsible for reprogramming controller during inclement weather to
conserve water.
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• Consideration must be given to the soil conditions, seasonal
temperatures, wind conditions, humidity, runoff and erosion potential,
and the relationship of conditions which affect day and night watering.
• Extremely close attention shall be paid to the demands of the plants as
influenced by their exposure to sun or shade. Also, the variation in the
size of plants, as well as varietal differences must be considered.
• The irrigation system will be controlled by the contractor in such a way
as not to cause an excessively wet area which could interfere with the
Contractor's ability to mow all turf grass.
• The Contractor, at the request of the Field Services Superintendent or
their authorized agent, shall submit a copy of the irrigation schedule for
each individual controller. This information is to be readily available
upon request or available at the controller.
B. All landscape and turf areas shall be irrigated as required maintaining adequate growth
and appearance with a schedule most conducive to plant growth.
8. IRRIGATION CONTROLLER
A. The Contractor shall maintain controller as-builts (controller charts) inside each
controller cabinet where available.
B. All controller enclosures shall receive a granular chemical application as needed to
prevent pest infestation. Any damages resulting from any insect infestation due to failure
to apply the chemical shall be repaired/replaced by the contractor (no expense to the
City).
C. Controllers and dome antennas shall be inspected and cleaned by the contractor 4 x per
year and report damages or maintenance needs.
9. WEED CONTROL
Weeds are defined in the dictionary as: "A wild plant growing where it is not wanted
and in competition with cultivated plants." When classified by their gross
morphological features, weeds are broken down into three major categories: grasses,
sedges, and broadleaf weeds. Full control of these 3 categories of weeds will be
achieved with a combination of selective and non -selective herbicides as well as
mechanical removal. Weeds should not be visible.
• All areas within the specified maintenance area, including but not limited to, turf grass,
shrub and ground cover areas, planters, tree wells, landscape areas, and
softball/baseball infields shall be kept free of weeds at all times.
• Weed removal shall consist of complete removal of all weeds, including top growth
and roots. Weed control shall be performed as needed.
• Weeds shall be controlled either by hand, mechanical or chemical methods; however,
the Field Services Superintendent or their authorized agent, may restrict the use of
chemical weed control in certain areas.
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10. DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for the presence of disease,
snail, insect or rodent infestation. The Contractor shall report any applied treatments
within their next monthly billing. The Contractor shall identify the disease, snail, insect
or rodent and specify control measures to be taken. The Contractor shall implement
control measures, exercising extreme caution in the application of all spray materials,
dust or other materials utilized.
• Approved control measures shall be continued until the disease, snail, insect or rodent
is controlled to the satisfaction of the Field Services Superintendent or their authorized
agent. The Contractor shall utilize all safeguards necessary during disease, snail, insect
or rodent control operations to ensure safety of the public and the employees of the
Contractor.
• The Contractor shall perform, at their sole expense, the following services:
o All work involving the use of chemicals will be accomplished by a State of
California licensed pest control operator. A written recommendation by a
person possessing a valid California Pest Control Advisor License for each
chemical used is required prior to chemical application where required by law.
o All chemicals requiring a special permit for their use must be registered by the
Contractor with the County Agricultural Commissioner's Office and a permit
obtained with a copy to the Field Services Superintendent or their authorized
agent, prior to use.
o A copy of all forms submitted to the County Agricultural Commissioner shall
be given to the Field Services Superintendent or their authorized agent, on a
monthly basis.
11. USE OF CHEMICALS
• The Contractor shall submit a list of all chemical herbicides, pesticides, and
rodenticides proposed for use under this contract for approval by the Field Services
Superintendent or their authorized agent with the signed contract. Materials included
on this list shall be limited to chemicals approved by the State of California Department
of Food and Agriculture and shall include the exact brand name and generic
formulation. The use of any chemical on the list shall be based on the recommendations
of a California State Licensed Pest Control Advisor where required by law.
• The use of chemicals shall conform to the current San Bernardino County Agriculture
Commissioner regulations. No chemical herbicide, rodenticide or pesticide shall be
applied until its use is approved, in writing, by the Field Services Superintendent or
their authorized agent as appropriate for the purpose and area proposed.
• Required spray equipment will consist of at least one (1) medium spray rig of 100-
gallon (minimum) capacity or more and backpack sprayers provided for each crew
performing chemical landscape maintenance.
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12. TURF BROADLEAF WEEDS
• Control of broadleaf weeds shall include proper notification with chemicals to be used,
date, and time to the Field Services Superintendent or their authorized agent prior to
starting date for approval.
13. LITTER
• All areas in the work sites shall be kept free of, but not limited to, the following items:
bottles, glass, broken glass, cans, paper, cardboard, metallic items, feces, leaves,
tumbleweeds and other debris on a daily basis.
• The Contractor shall promptly remove from the work area all debris generated by their
performance and dispose of the debris in a legal manner. The City does not allow any
dumping of debris generated by your daily work in City facilities.
• Hazardous waste as well as homeless belongings shall not be picked up. Contractor
shall contact City Representative to arrange proper disposal by City forces.
14. TRASH CONTAINERS & DUMPSTER ENCLOSURES
• Contractors shall remove all litter, replace liners as needed, and check the condition of
the trash container and hardware. Containers shall be replaced as needed (City to
provide). Contractor shall use liners that are a minimum of 1.5 mil and be clear or black
in color. Trash container shall be inspected daily, seven days per week.
• Trash containers shall be painted at least once per year as directed by the Field Services
Superintendent or their authorized agent. Contractor to provide labor and material.
Container holders should be set so that the bottom of the container is 12" from the
surface of the ground. Bent or broken container holders must be repaired, reset or
replaced ASAP.
Dumpster enclosures will be kept weed and debris free. Odors and excessive staining
must be addressed by power washing the affected area. Vandalism should be reported
promptly. If locks need to be replaced, please reach out to your Authorized
Representative.
15. TABLES AND BENCHES
All tables and benches shall be inspected daily for any unsafe conditions. Any
tightening of loose nuts and bolts shall be reported to City staff by the contractor. Any
repairs needed above and beyond tightening of loose nuts and bolts shall be reported to
the City promptly.
16. GRAFFITI
• The Contractor shall contact City Representative to report graffiti.
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17. GENERAL
A. Trash Removal
• Remove all trash and accumulated debris from the work sites daily. In
addition, any type of feces is also to be removed from the walkways, turf or
ground cover areas and dumpster areas.
B. Policing of Areas
• All maintained areas shall be policed based on frequencies.
C. Curb and Gutter Maintenance
• The Contractor is responsible for removal of all weeds and grass growing in
and around the curb and gutter area monthly. The Contractor is responsible
for ensuring the roadway is cleared of all dirt and debris within four (4) feet
of the curb and gutter in all areas adjacent to maintenance responsibilities.
D. Walkway Maintenance
• Walkways shall be cleaned immediately following mowing and edging and
cleaned by use of power sweeping or blower equipment. All walkway cracks
and expansion joints shall be maintained weed and grass free at all times.
E. Drain Maintenance
All drains and catch basins shall be kept free of siltation and debris at all
times. All V-ditches and drainage areas shall be kept clean and edged weekly
by the Contractor. Cleaning of drain basins shall be done monthly,
Contractor shall inspect weekly to make sure that grates are secured, if
missing, Contractor shall replace at City's expense. Damaged grates due to
Contractor's operations shall be replaced at Contractors expense.
F. Removal of Leaves
Accumulation of leaves shall be removed from all designated landscape
areas on a monthly basis and under trees once per month or more as needed.
18. REPAIR AND SERVICE OF WALKWAYS AND MISCELLANEOUS
IMPROVEMENTS
• Walkways and Service Roads - All walkways and service roads, if any, shall be
maintained by the Contractor so as to keep the integrity of the walking or driving
surface in a safe, unimpaired condition.
• The Contractor will not be responsible for total replacement of roadways or walkways
as a result of normal deterioration but will be required to replace all improvements
damaged by his negligence.
It will be the responsibility of the Contractor to repair or replace miscellaneous
improvements such as signs and mowing strips, or any other structural improvements
within the work sites, unless otherwise specified. The Contractor shall be entitled to
additional compensation for these services as stated. The contractor shall communicate
any improvements needed prior to repairs to the Field Services Superintendent, or their
authorized agent, for proper approvals.
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19. MULCH
Mulch beds shall be replenished 2 times per year.
20. DECOMPOSED GRANITE/GRASS PAVER AREA
Contractor shall be responsible to drag with cocoa mat or similar and rake all decomposed
granite areas monthly and to replenish displaced or missing material at his own cost as needed.
Moistening the material and use of a mechanical compactor is required when backfilling DG
areas. Decomposed granite areas are to keep a grading that is acceptable and safe to walk on.
In the event of inclement weather, the City will compensate the contractor for the replacement
of material for damage created by the storm.
21. MONUMENT SIGNS
Contractor shall be responsible to keep the monument signs free of litter, debris, silt and
cobwebs.
The Contractor shall be responsible to paint (if needed) areas that have a painted surface a
minimum of once per year. The Contractor shall keep shrubs and vegetation edged and
trimmed to a height that displays the complete wording on the monument.
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EXHIBIT `B"
FEESCHEDULE
Description
Monthly Fee
Annual Fee
Locations of City Median and LMDs — Full -
Service Landscape Maintenance (may include
$3,299.13
$39,589.51
mowing)
Includes Irrigation Technician (8 hours per week)
Description
Cost Per Mow
AnnualFee
Mows
Locations of City Parks — Mowing Service Only
$4,220.92
$160,394.98
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
AMERICAN LANDSCAPE AND MAINTENANCE, INC.
(2 By: Date: 1 o c� 2
Daniel Stauffer, CEO
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