HomeMy WebLinkAboutValley Crest Landscape Maintenance, Inc. - 2005-11-15MAINTENANCE SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VALLEY CREST LANDSCAPE MAINTENANCE, INC.
FOR LANDSCAPE MAINTENANCE OF THE SPORTS COMPLEX
THIS AGREEMENT is made and entered into by and between the City of Huntington
Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and
VALLEY CREST LANDSCAPE MAINTENANCE, INC, a California corporation, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT,"
generally described as landscape maintenance for the Huntington Beach Sports Complex in the
City of Huntington Beach and more specifically described in the General Requirements and
Specifications Sports Complex Maintenance MSC-423 05/06; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
ACCEPTANCE OF CONDITIONS OF WORK, SCOPE OF SERVICES,
PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this. Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be performed,
and that it enters into this Agreement based upon its investigation of all such matters and is
relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
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that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the
contract documents attached hereto as Exhibit "A".
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bond covering the work herein agreed upon;
C. Bid documents including Request for Proposal and/or the Notice Inviting
Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and
specifications;
D. Any insurance that may be required.
If extra work not previously included in the Scope of Work should be required by
CITY, CONTRACTOR may perform such extra work at CITY's request on a time and material
basis.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
2. CONTRACTOR'S OBLIGATIONS; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services, applicable permits, and
facilities necessary to complete the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature,
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
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from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to,
all expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
3. COMPENSATION
CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed One
Hundred Fourteen Thousand Nine Hundred Ninety -Seven Dollars ($114,997.00) to be paid as
provided in this Agreement.
4. PAYMENT
CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement
at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall
be the only payments to be made to CONTRACTOR for services rendered pursuant to this
Agreement unless CITY approves additional compensation for additional services.
CONTRACTOR shall submit all billings for said services to CITY in the manner specified in
Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary
procedures and practices which CONTRACTOR uses for billing clients similar to CITY.
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5. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within twenty (20) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion,
excluding delays provided for in this Agreement.
6. TERM OF AGREEMENT
The term of this Agreement shall be two (2) years, unless CITY exercises its
option to renew as set forth herein.
Unless prohibited by statute or ordinance, in its discretion CITY may renew this
Agreement for an additional three (3) years upon its expiration. The terms and conditions of the
renewed agreement will remain the same as this original Agreement unless both parties agree in
writing to an amendment. CONTRACTOR will be bound by the renewed agreement should
CITY exercise its option to renew. Should the CITY exercise its option to renew this
Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than
thirty (30) days before the expiration of this Agreement in the manner provided in Paragraph 25
herein.
If negotiations are still in progress at the end of any one year term previously
agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein
on a month -to -month basis until either a new agreement is entered into or the CITY terminates
the relationship in accordance with the provisions contained in the above paragraph. During
such period of month -to -month operation while negotiations are in progress, the
CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after
written notice to the CITY of its decision to terminate the relationship and the CITY shall be
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obligated to give consideration to the CONTRACTOR for such additional performance at the
usual rate of payment as provided herein.
7. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
8. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing
of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days
after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice
to any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such
event CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that CITY's-
termination of this Agreement under this Section was wrongful, such termination shall be
converted to a termination for convenience under Section 9 and any damages shall be assessed as
set forth in Section 9.
9. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without
cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written
05agree/valley crest sports/11110105 5
notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay
CONTRACTOR for value of work in place on the PROJECT through the termination period plus
seven and one-half percent (7 % %) for overhead and profit less all such payments already made.
Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by
CITY for its convenience and CITY shall have not further obligation to CONTRACTOR.
10. REMEDY ON BREACH
In the event that CONTRACTOR shall breach, or fail to execute in good faith,
any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such
breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY
may terminate this Agreement and complete the work to be accomplished hereunder for the
account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess
cost to CITY over the original contract price. In the event CITY completes the work, or causes
the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete.
All costs of completion shall be deducted before any payment to CONTRACTOR is made. If
the unexpended portion of the contract price is less than CITY's cost to complete,
CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies
contained in this section are cumulative and are in addition to all other rights of CITY pursuant
to this Agreement and at law or in equity.
11. CHANGES
CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit
A unless a change therefrom is authorized in writing by the Department of Community Services
(the Department). CONTRACTOR agrees to make any and all changes, furnish materials and
perform all work necessary within the scope of the PROJECT as the Department may require in
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writing. Under no condition shall CONTRACTOR make any changes without the written order
of the Department, and CITY. shall not pay any extra charges made by CONTRACTOR that have
not been agreed upon in writing by the Department.
CITY reserves the right to make such increases or decreases in the quantity of any
item of work to be performed or furnished under this Agreement; and in the event that any such
increase or decrease in the quantity of work to be performed or furnished is so ordered, the
amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or
decreased, as the case may be, in proportion to the increased or decreased quantities of work.
12. DIFFERING SITE CONDITIONS
A. Notice: The CONTRACTOR shall promptly, and before any
conditions are disturbed, notify the Department in writing of:
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The Department shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall
be made and the Agreement modified in writing accordingly;
B. Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
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13. SAFETY PRACTICES
CONTRACTOR shall comply fully with all laws, orders, citations, rules,
regulations, standards and statutes, with respect to occupational health and safety, the handling
and storage of hazardous materials, accident prevention, safety equipment and construction
practices. CONTRACTOR shall conduct inspections to determine that safe working conditions
and equipment exist and accepts sole responsibility for providing a safe place to work for its
employees and for employees of its subcontractors and suppliers of material and equipment, if
any, for adequacy of and required use of all safety equipment and for full compliance with the
aforesaid laws, orders, citations, rules, regulations, standards and statutes.
14. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair,
replacement or rework at CONTRACTOR's risk and expense.
15. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses,
if any, in connection with the PROJECT.
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16. INDEMNIFICATION DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and
consequential damage or liability of any kind or nature, however caused, including those
resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's
property, arising directly or indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, including but not limited to concurrent active
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for
all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided by
CONTRACTOR.
17. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
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CONTRACTOR shall maintain workers' compensation insurance in an -amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
18. INSURANCE
In addition to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
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Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days' prior written notice of CITY; and
4. shall state as follows: "The above -detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar -type
limitation. "
CONTRACTOR shall maintain the foregoing insurance coverages in force while
working under this Agreement.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
05agree/valley crest sports/11110105 11
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
20. NON -ASSIGNABILITY
CONTRACTOR shall not assign the agreement or any interest therein or any
portion thereof without prior written approval from the Director of Community Services. The
CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to
revisions to the agreement to reflect market conditions of CITY requirements that are then
current or other such conditions that the CITY may deem appropriate. Also, no assignee or
subcontractor will be approved who is not at least comparable to the original contractor in
financial or professional competence to perform the duties.
21. CALIFORNIA PREVAILING WAGE LAW.
A. The CITY has ascertained from the Director of Industrial Relations of the
State of California the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality
in which the work is to be performed for each craft or type of work needed
to execute this Agreement, and the same has been set forth by resolution
on file in the office of the City Clerk of CITY. CONTRACTOR and any
subcontractor under it shall pay not less than said prevailing wage rates to
all workers employed on this public works Agreement, as required by
California Labor Code Sections 1771 and 1774. In accordance with the
provisions of Section 3700 of the California Labor Code, CONTRACTOR
agrees to secure payment of compensation to every employee.
05agree/valley crest sports/11/10/05 12
B. Pursuant to this Agreement and in accordance with Section 1774 and 1775
of the California Labor Code, CONTRACTOR shall, as penalty to CITY,
forfeit twenty-five dollars ($25) for each calendar day or portion thereof
for each worker paid (either by CONTRACTOR or any of its
subcontractors) less than the prevailing wage rate established for that
particular craft or type of work.
22. BUSINESS LICENSE
CONTRACTOR will be required to obtain a business license from CITY.
23. NONDISCRIMINATION
CONTRACTOR shall not discriminate in any manner against any person by
reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical
condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted
program for equal employment opportunities.
24. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of California Government Code sections
1090 et seq.
25. NOTICES
All notices required or permitted hereunder shall be in writing and delivered in
person or by registered or certified mail to the following authorized representative of the party to
whom delivery is to be made, at the place of business of such party, or to any other place
designated in writing by such party.
05agree/valley crest sports/11110105 13
FOR CITY
FOR CONTRACTOR
Maintenance Operations Manager Tim Abbott, Branch Manager
City of Huntington Beach Valley Crest Landscape Maintenance
2000 Main Street 1960 South Yale Street
Huntington Beach, CA 92648 Santa Ana, CA 92704
26. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the Department its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
27. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish a bond approved by the City Attorney in the amount of one hundred percent of the
contract price to guarantee payment of all claims for labor and materials furnished.
29. CAPTIONS
Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
05agree/valley crest sports/11110105 14
30. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of U.S.C. Section 1324a regarding employment verification.
31. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
32. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
REST OF PAGE NOT USED
05a.-ree/valley crest sports/11/10/05 .15
PURCHASING DEPARTMENT
SO (City 05-0922
CITY OF HUNTINGTON BEACH Show this number on outside of
2000 MAIN STREET your envelope.
Iw HUNTINGTON BEACH -CA 92648
Date: September 8, 2005
Bids will be received until 4:00pm
September 22, 2005
at the office of the Purchasing
Division.
VALLEY (RFST Sharon-Griffi
1960 SOUTH YAL.E ST mailto:sgriffin(a)surfcity-hb.orq
SANTA ANA CA 92704
QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
The City of Huntington Beach is accepting uotations for Sports
Complex Maintenance MSC-423 05/06 per the attached
Requirements andspecifications.
Note: There will be a Mandatory Job Walk on Wednesday,
September 14, 2005 at 7:00 a.m. The location to meet will be at
The Parks Yard, 17581 Gothard St., Huntington Beach.
Quotations are requested for furnishing the items described in accordance with terms set forth herein. All quotations must be
F.O.B. delivered. The detailed specifications or brand names or numbers given herein is descriptive and indicates quality and
style of item required. Offer to supply articles substantially the same as those described herein will be considered provided the
articles offered are equal in .quality, durability, and fitness for the purpose intended. Acceptability of alternates will be
determined solely by the City of Huntington Beach 1
Delivery to be made on or before:
or days from receipt of
order.
Address you reply to:
Purchasing Division
City of Huntington Beach
2DD0 Main Street
Huntington Beach CA 92648
(714) 536-5221
A6uotaZj,opF, must be signed
-' t' Signalure
Print Name/
Title��� I'
Date
Phone Numberl ' ! -163 -7O 3 l�
THIS IS NOT AN ORDER
Total ��Z�l��� I
SalesTax q n
Total �2� ( ! Z i✓
Terms %' Kays
EMAIL AND FAXED
BIDS ARE NOT ACCEPTED
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
BID BOND
KNOW ALL BY THESE PRESENTS, 'that we,
VALLEYCREST LANDSCAPE MAINTENANCE, INC.
of 1960 S. Yale St., Santa Ana, CA 92704 (hereinafter called the Principal),
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
(hereinafter called the Surety), as Surety are held and firmly bound unto
HUNTINGTON BEACH SPORTS COMPLEX 2000 Main Street Huntington Beach CA 92648
(hereinafter called the Obligee) in the penal sum of a—d\ 1 1-` 1 I Ol� 1 11��Y��U� �lk�� �1►\t`�hYV1� hr(t� ��411t
111Vi1 V1 (1t1�! Qtp t�(} 1� yt(ky ,t c Pitt 1 <, Ten percent of amount bid. Dollars (S 10% of Amount Bid )
for the payment of which the Principal and tA Surety bind themselves, their heirs, executors, administrators, successors and assigns,
_jointly and severally, firmly by these presents.
T14E CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal
to the Obligee on a contract for Huntington Beach Sports Complex
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful
performance of the said Contract, then this obligation shall be void. otherwise to remain in full force and eff
•
JESSICA VASQU
�n Comm. # 14141
Signed and sealed this 21st day of September 2005 u! NOTARY PUBLIC -CALIF
Orange County
>11 My Comm. Expires AprH
VALLEYCRE N[DSCAPJE MAINTENANCE, INC. (Seal)
t Principal
Witness r
Title
SAFECO U ANCE CO"PAt9YOFAMERICA
Lisa L. Th ntoJAcc. Ma ag Witness By
larice Lee Attorney -in -Fact
0 Registered trademark of SAFECO Corporation.
CITY OF HUNTINGTON BEACH RLSNo. a0,9 — C'
REQUEST FOR LEGAL SERVICES Assn To I . �L
Jennifer McGrath, City Attorney Date
Date: Request made by: Telephone: Department:
Oct. 19, 2005 Jim Jones 5024 Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts
necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance/Resolution ❑ Opinion ® Contract/Ag-cement
(Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)*
❑ General Legal Assistance ❑ Document Review
(Ongoing) (Allow 2-10 working days)*
* All deadlines are based on the date the City Attorney's Office receives the RLS.
This request was reviewed and approved.
Signature of Department Head
City ul nurmfig[ur, Vaacj
City Affomwgoifir,,
COMMENTS
Please identify all attachments to this RLS.
Please prepare a Maintenance Service Contract for Valley Crest to provide Landscape Maintenance for the Sport Complex.
(Compensation) The Not to Exceed line should read $114,997.00. (Term) The term of this agreement shall be a two-year; the Agreement
may be extended an additional three years for a total of five years. (Extra Work) If an Item is not included in the Bid the contractor can
provide the service, at the City's Request, on a Time and Material Basis.
—Exhibit 1 - Specifications and Scope of Work
Shaded areas for City Attorney's Office use only.
This.re uest.for`Legal "Services has been assigned t0 Attorney
q"
U: /L P_.XtP.1l C1 Qil "
- GXW11J1V11 .i
Notes:Date Completed:
33. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
hJN
h their aut orized officers on
YS L DSCAPE CITY OF HUNTINGTON BEACH, a
E , C. municipal corporation of the State of
/A� California
L
print name i ey
ITS: (circle one) Chairman/Presiders riesident
ND
By:
Y
� �
prin name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
S etary - reasurer
Director of Public Works
APPROVED AS TO FORM:
��ityAttorney i o
�lt�
REVIEWED AND APPROVED:
Finance Officer
05agree/valley crest sports/11110105 16
ValleyCrest
Landscape Maintenance
9-22-05
City Clerk
2000 Main Street
Second Floor
Huntington Beach, CA 92648
To whom it may concern:
This bid will serve for both Prevailing Wage and Regular bid.
Thank you,
Mamee Lewis
ValleyCrest Landscape Maintenance
1960 South Yale Street
Santa Ana, California 92704
tel: 714.546.7843
fax: 714.546.7295
www.valleycrest.com
POWER SAFECO INSURANCE COMPANY OF AMERICA
.S A F E C 0- GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 6843
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
"B. S. ALBRECHT, JR.; C. K. NAKAMURA; LISA L. THORNTON; TRACY ASTON; MARIA PENA; MICHAEL R. MAYBERRY, MARINA TAPIA; TOM BRANIGAN;
CLARICE LEE; RICHARD E. BIGLEY; K. D. CONRAD; EDWARD C. SPECTOR; WILLIAM A. SADLER; ASHRAF ELMASRY; BRENDA WONG; Los Angeles,
Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 27th
day of June
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
, 2003
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles.with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attomev are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
a�Cf CArf�°9
cot`PORtr� 01
SEAL
4, r 1953
FOf NASN�
S-0974/SAEF 2/01
this SEP 2 1 day of
CORPORATE
SEAL
x
CHRISTINE MEAD, SECRETARY
® A registered trademark of SAFECO Corporation
06/2712003 PDF
State of California
County of Los Angeles
On SEP 2 1 2W before me, Martha A. Gonzales, Notary
Public, personally appeared Clarice Lee personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed.to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
MARTHAA. GONZALES
N4
; ��COMM. IF 1323886
Q NOTARY PUBLIC - CALIFORNIAN
I LOS ANGELES COUNTY
My Comm. Expires Oct. 5, 2005
Martha A. Gonzales
BID PROPOSAL FROM:
U ' Firms Name
To the Honorable Mayor and city Council, City of Huntington Beach, California:
Regarding Park and Landscape Maintenance Contract 05/06. In compliance with the
request for proposals for Sports Complex Maintenance MSC 423 — 005/06,
I hereby propose and agree to enter into a contract to perform the work herein described
and to furnish the materials therefore according to the plans, specifications and special
provisions for the said work and to the satisfaction of and under the supervision of the
Director of Public Works of said City of Huntington Beach, California.
The undersigned will not subcontract any work accomplished by this contract.
For the furnishing of all labor, materials and equipment, and/or all incidental work
necessary to deliver all improvements complete in place in strict conformity with the
plans, specifications and special provisions, on file in the office of the Director of Public
Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices.
It is understood and agreed that the approximate quantities shown in the foregoing
proposal are solely for the purpose of facilitating the comparison of bids and that the
contractor's compensation will be computed upon the basis of the actual quantities in the
completed work; whether they be more or less than those shown herein at the unit prices
bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish
the necessary bonds within ten (10) days from the date of approval of the contract by the
City of Huntington Beach, California.
The undersigned understands that the term of the agreement shall be for a period of one
year from the date stated in the Notice to Proceed with the option of renewal.
The undersigned has examined carefully the site of the work contemplated, the route
schedules and specifications and the proposal and contract forms therefore. The
submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfies as to the conditions to be encountered, as to the character, quality, and scope
of work to be performed, the quantities of materials to be furnished, and.as to the
requirement of the proposal, schedules, specifications, and the contract.
Accompanying this is9,Gel" s ma>�I f-
(� � � �� • F�� )•
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may
be, in an amount equal to at least 10 percent of the total bid price, payable to the City of
Huntington Beach.
The undersigned deposits the above name security as a proposal guaranty and agrees
that is shall be forfeited to the City of Huntington Beach as liquidated damages in case
this proposal is accepted by the City and the undersigned shall fail to execute a contract
for doing said work and to furnish good and sufficient bonds in the form set forth in the
10
specifications and contract documents of the City, with surety satisfactory to the City
within 10 days after the bidder has received written notice of the award of the contract;
otherwise said surety shall be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License
No. -;3,, (o 0_2�:.71.
Signature of Bidder
Business Address � C( it) 5. gale Sfi rec+
Place. of Residence I C1 L, n ,� , 1-1(AIf-
Dated this 11ra day of �� �, 20�
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
Base Bid
(Total Sport Complex - In words)
(In Figur s)
The evaluation and award of this contract shall be based on the lowest
responsible bidder's BASE BID proposal.
q
11
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
p bu , being first duly sworn, deposes and says
that he or s[J is �h A 6k,I of
(! • P` j Gt,��1G -th party making the foregoing bid that the
bid is 6t made in the interest of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price, or that of any
other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
Subscribed and sworn to before me this ' a
NOTARY PUBLIC
Name f Bidder
i
Signature of Bi der
IAbpS• Llci.Ic a S6F1 /f AVIOI;(-A104Z^1v
Address of Bidder
day of 200 S .
JESSICA VASQUEZ
Comm. # 1414103 'n
NOTARY PUBLIC • CALIFORNIA �►J
rh 6�amR LO)k ApIH27,2007
12
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the
work specified in the contract, known as the Sports Complex Maintenance
Contract, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter
defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is
familiar with the operation to be performed and the hazards
involved. "
The undersigned also promised and agrees that all such work shall be performed
in accordance with all applicable electrical utility company's requirements, Public
Utility Commission orders,, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be
and are binding upon any subcontractor or subcontractors that may be retained
or employed by the undersigned, and that the undersigned shall take steps as
are necessary to assure compliance by any said subcontractor or subcontractors
with the requirements contained herein.
Contr for
By
W�
Title
Date: 9_da _ DS
13
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall
complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has
a proprietary interest in the Bidder ever been disqualified, removed or otherwise
prevented from bidding on or completing a Federal, State or local government
project because of a violation of law or a safety regulation?
❑ Yes XN o
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature
portion of the Proposal shall constitute signature of this questionnaire.
14
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a
public works contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code, which
require every employer to be insured against liability for worker's
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 of this contract.
Conf ctor
By
Title
Date:
15
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the
AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification
Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-
800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number.
Contr tar
—1")m
By
6r nMan"
Title
Date: 6A 1 Z-Z) DS
Note: This form is required for every Dig Alert Identification Number issued
by U.S.A. during the course of the Work. Additional forms may be
obtained from the AGENCY upon request.
16
PROPOSED INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be
attached if necessary.
1. Firm Name:
2. Address: 1 L20 E - Am, (,�A 02�
3. Telephone: `I i�) S-I �, "Ij q
Ce
4. Type of firm — individual, partnership, or corporation: Ck(o 00,h 0V,
5. Corporation organized under the laws of the State of: �Gt11i)��l
6. Contractor's License Number: 12U L 2 1 �
7. List the names and address of all members of the firm or names and titles
of all officers of the corporation: 9XV Sfe✓i3 ,r Cec, a41Gl \/ I&Q. %$f6r6lcl� a�
Z�L,tAp b S Wyi� c✓ C.D o P4 \S l Ve�rlwu 3\. h to w�sws . CR 9130:z-
8. Number of years experience as a contractor in Sports Complex
Maintenance: -;-910
9. List below the names, address and telephone numbers for three public
agencies for which the bidder has performed similar work within the past
two years
Contract
Type of Work
Date Completed
References
Amount
or Contract
Name, Address & Phone Number
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17
GENERAL REQUIREMENTS AND SPECIFICATIONS
S Complex
'� r �.Maintenance
� ,�. ^�,n., �, �4 r �,e �� �,wx�. Wit:
!` . 9 ' %. �
05-106 :w
ii `, 423
Prepared by the Director of Public Works
2005
The City of Huntington Beach
2000 Main Street
P.O. Boa 190
Huntington Beach, California 92648
Phone 714.536.5431 • Fag 714.374.1573
Notice Inviting Bids
Instruction to Bidders
'Proposal
Noncollusion Affidavit
Utility Agreement
Disqualification Questionnaire
Compensation Insurance Certificate
Underground Service Alert identification Number
Proposed Information Required of Bidder
General Requirements
Specifications
Exhibits
4
5
10
19
20
21
22
23
24
26
34
1
NOTICE INVITING SEALED SIDS
MSC — 423 04105
NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY,
invites sealed bids for the above stated maintenance services and will receive such bids
in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach,
California 92648, up to the hour of {Time} on {Month Day, 2005. Bids will be publicly
opened, in the Council Chambers unless otherwise posted.
Any contract entered into pursuant to this notice will incorporate the provisions of
the State Labor Code. Pursuant to the provisions of the Labor Code of the State
of California, the minimum prevailing rate of per diem wages for each craft,
classification or type of workman needed to execute the contract shall be those
determined by the Director of Industrial Relations of the State of Califomia, which
are on file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
Two-year term agreement with a three-year extension, City shall pay contractor, in
addition to the annual contract price, a cost of living increase, if any. This cost of living
increase shall be based on the percentage of increase in the Los Angeles -Anaheim -
Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the
Orange County area from April to April of the preceding twelve (12) months. On or
before August 1, 2003, and on or before August 1 st of each year thereafter during the
five (5) year extended term of this Agreement, Contractor shall advise City in writing of
the cost of living increase, if any, and the additional amount of money requested by
Contractor, for the period of October 1, 2002 through September 30, 2003 and each
similar one (1) year period thereafter during the five (5) year extended term of this
agreement. If the additional amount of money requested is acceptable to City, City shall
pay such additional compensation to Contractor no later than September 30, 2003 or
not later than September 30th of each year thereafter during the five (5) year extended
term of this Agreement. Contractor shall be entitled to only one payment per year during
each year of the of the five (5) year extension period for such a cost of living increase;
and this payment shall include full compensation to Contractor for all costs and
expenses, of whatever type or nature, not included in the Annual Contract Price.
The AGENCY will deduct 10% retention from all progress payments. The Contractor
may substitute an escrow holder surety of equal value to the retention in accordance
with the provisions of the California Government Code, Section 4590. The Contractor
shall be beneficial owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be
discriminated against on the basis of race, color, national origin, ancestry, sex, or
religion in any consideration leading to the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in
conformance with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond
made payable to the AGENCY for an amount no less than 10% of the amount bid. The
2
successful bidder shall be licensed in accordance with provisions of the Business and
Professions Code and shall possess a State Contractor's License Class at the time of
the bid opening. The successful Contractor and his subcontractors will be required to
possess business licenses from the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to
take all bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,
CALIFORNIA,
the day of 200_
Attest:
Joan Flynn
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
3
INSTRUCTIONS TO BIDDERS
1. Proposal Forms
Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All
information requested therein must be clearly and legibly set forth in the manner and
form indicated. The AGENCY will reject any proposal not meeting these requirements.
The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street,
Huntington Beach, California, which shall be endorsed with the Project Title as it
appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly
opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their
authorized agents are invited to be present at the opening. Unauthorized conditions,
limitations, or provisions attached to a proposal will render it informal and may cause its
rejection. The complete proposal forms shall be without interlineations, alterations or
erasures. Alternative proposals will not be considered unless requested. No oral,
telegraphic, telephonic, or electronic proposals or modifications will be considered. The
proposal may be withdrawn upon request by the bidder without prejudice to himself prior
to, but not after the time fixed for opening of bids, provided that the request is in writing,
that it has been executed by the bidder or his duly authorized representative, and that it
is filed with the AGENCY.
2. Proposal Guarantee
Proposals must be accompanied by a proposal guarantee consisting of a certified or
cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of
the total amount named in the proposal. Any proposal not accompanied by such a
guarantee will not be considered. Said check or bond shall be made payable to the
AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will
enter into a contract within 10 working days after the award and will furnish the
necessary bonds as hereinafter provided. In the case of refusal or failure to enter into
said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY.
3. Proposal Signature
If the proposal is made by an individual, it shall be signed and his full name with his
address shall be given; if it is made by a firm, it shall be signed with the co -partnership
name by a member of the firm who shall sign his own name and the name and address
of each member shall be given; and if it is made by a corporation, the name of the
corporation shall be signed by its duly authorized officer or officers attested by the
corporate seal, and the names and titles of all officers of the corporation shall be given.
4. Delivery Of Proposal
Proposals shall be enclosed in a sealed envelope plainly marked on the outside:
"SEALED BID"
For
rd
Sports Complex Maintenance Contract
CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL
Proposals may be mailed or delivered by messenger. However, it is the bidder's
responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S
designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed
Bids. Late proposals will not be considered.
5. Return of Proposal Guarantees
The proposal guarantees of the second and third lowest bidders will be held until the
awarded bidder has properly executed all contract documents. Within 10 working days
after the award of contract, the remaining proposal guarantees accompanying all other
proposals will become null and void and returned to the unsuccessful bidders.
6. Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all
amounts bid will be deemed and held to include any such taxes, which may be
applicable.
7. Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than
one proposal, all such proposals will be rejected and the bidder will be disqualified. If
there is reason for believing that collusion exists among any or all of the bidders, any or
all proposals may be rejected. Proposals in which the prices are obviously unbalanced
may be rejected.
8. Contractor`s License Requirement
This project requires the Contractor to possess a valid State of California contractor's
license of the proper classification in accordance with the provisions of Public Contract
Code Section 10164.
9. References
All reference information called for in the bid proposal must be submitted with the bid
proposal.
10. Subcontractors
No subcontractors shall be used for any portion of this contract.
11. Discrepancies And Misunderstandings
Bidders must satisfy themselves by personal examination of the work site, plans,
specifications and other contract documents, and by any other means as they may
believe necessary, as to the actual physical conditions, requirements and difficulties
5
under which the Work must be performed. No bidder shall at any time after submission
of a proposal make any claim or assertion that there was any misunderstanding or lack
of information regarding the nature or amount of work necessary for the satisfactory
completion of the job. Should a bidder find any errors, omissions, or discrepancies in
the plans, specifications, and other contract documents or should he be in doubt as to
their meaning, he shall notify the AGENCY in writing by XXXXXX. Should it be found
necessary, a written addendum will be sent to all bidders. Any addenda issued during
the bidding period shall form a part of the contract and shall be included with the
proposal.
It is mutually agreed that submission of a proposal shall be considered prima facie
evidence that the bidder has made such examination. No verbal agreement or
conversation with any officer, agent or employee of the City either before or after the
execution of this contract shall effect or modify any of the terms or obligations herein
contained.
12. Equivalent Materials
Requests for the use of equivalents to those specified must be submitted to the
AGENCY 10 working days prior to the need of such materials. Within that time, the
AGENCY will issue a written response indicating approval or disapproval of such
request. It is the sole responsibility of the successful bidder to prove to the AGENCY
that such a material is truly an equivalent.
13. Legal Responsibilities
All proposals must be submitted, filed, made and executed in accordance with State and
Federal laws relating to bids for contracts of this nature whether the same or expressly
referred to herein or not. Any bidder submitting a proposal shall by such action thereby
agree to each and all of the terms, conditions, provisions and requirements set forth,
contemplated and referred to in the Plans, Specifications and other contract documents,
and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by
such action thereby, agree to pay at least the minimum prevailing per diem wages as
provided in Section 1773, et. seq. of the labor code for each craft; classification or type
of workman required as set forth by the Director of Industrial Relations of the State of
California.
14. Award of Contract
The award of contract, if made, will be to the lowest responsible bidder as determined
solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals,
to waive any irregularity, and to take the bids under advisement for a maximum period of
60 days. In no event will an award be made until all necessary investigations are made
to the responsibility and qualifications of the bidder to whom the award is contemplated.
15. Material Guarantee
The successful bidder may be required to furnish a written guarantee covering certain
items of work for varying periods of time from the date of acceptance of the work by the
AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will
be specified in the special provisions. Said guarantee shall be signed and delivered to
the AGENCY before acceptance of the contract by the AGENCY. Upon completion of
the contract, the amounts of the two contract bonds required in Section 2-4,
CONTRACT BONDS," of the Standard Specifications for Public Works Construction,
may be reduced to conform to the total amount of the contract bid prices for the items of
work to guaranteed, and this amount shall continue in full force and effect for the
duration of the guarantee period. However, the Labor and Material Bond cannot be
reduced until the expiration of 35 days after the date of recordation of the Notice of
Completion.
16. Execution of Contract
The successful bidder shall execute a written contract with the AGENCY on the
form of agreement provided, and shall secure all required insurance and bonds
within 10 working days from the date of the award. Failure to enter into a contract
shall be just cause for the annulment of the award and the forfeiture of the proposal
guarantee. If the successful bidder fails to execute the contract, the AGENCY may
award the contract to the second lowest responsible bidder. If the second lowest
responsible bidder fails to execute the contract, the AGENCY may award the contract to
the third lowest bidder. On the failure of such second or third lowest responsible bidder
to execute the contract, such bidder's guarantees shall be likewise forfeited to the
AGENCY. The work may then be re -advertised.
17. Submission of Bonds and Insurance
The successful bidder will be required to furnish the necessary bonds and insurance to
the AGENCY within 10 working days from the award of contract. The successful bidder
shall provide a certificate stating that the bonding company is admitted to do business in
the State of California. This certification may be obtained from the Executive Officer and
Clerk of the Superior Court at the following address & phone:
Orange County Superior Court
Probate Court Operations
341 The City Drive
P.O. Box 14171
Orange, CA 92613-1571
(714) 935-6061
or by visiting httP://www.insurance.ca.gov/docs website. Prior to the issuance of the
Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the
successful bidder's insurance company, naming the AGENCY as an additional insured.
18. Addenda
The effect of all addenda to the contract documents shall be considered in the bid
package and said addenda shall be made part of the contract documents and shall be
returned with the bid package. Failure to submit any such addenda with the bid package
may render the bid irregular and shall result in its rejection by the AGENCY.
19. Bid Protest
To be considered timely, a bid protest must be filed within the following time limits:
7
(a) Protests based upon alleged defects or improprieties in the bid documents shall
be filed prior to the date of bid opening.
(b) All other protests must be filed within five calendar days after the protester knew
or should have known the basis of the protest, but no later than five calendar
days after the date of when the Bids were due to the AGENCY.
20. Questions
Questions regarding the bid documents (i.e. plans, specifications, contract documents,
bid forms, etc.) will be received in writing by the maintenance operations manager or
designate up to five working days prior to the bid opening. Questions received after this
time will not be addressed.
21.Defciency Notice
Notices and penalties for non-performance are set forth as follows:
(a) Deficiency notice the contractor is required to correct deficiencies within the time
specified by the City of Huntington Beach.
(b) Wiithholdinofpayment provided work under the deficiency notice has not been
completed; payment for subject deficiency shall be withheld until deficiency is
corrected, without right to retroactive payments.
22.Inspection of Work
The City and Contractor's representative shall make weekly inspections of all areas
included in the contract. The results of each inspection shall be recorded and retained
for reference using a Weekly Inspection Sheet (Exhibit A). Thirty-two (32) hours shall be
allotted monthly for inspection and contract supervision. The Contractor shall
compensate the City for all time required for inspection and supervision in excess of the
above specified time, providing that:
The excess time is, in the opinion of the City, required due to an inadequate level of
maintenance;
The Contractor has been informed of the deficiencies upon completion of weekly
inspection;
The Contractor has failed to correct said deficiencies within twenty-four (24) hours after
notifications period. Compensation shall be charged at a rate including actual time,
mileage and fringe benefit costs incurred by the City.
If specified herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold payment from the Contractor in an amount specified in the
Agreement until services are rendered in accordance with specifications set forth within
A
this document and provided no other arrangements have been made between the
Contractor and the City.
Notices and penalties for non-performance are set forth as follows:
Deficiency Notice (Exhibit B): The Contractor is required to correct deficiencies within
the time specified by the City. If the deficiency is not corrected within the time specked
by the City, City forces will be called out to complete the work. Such work shall be done
on a force account basis with an additional call out charge of $75.00 per hour for each
call -out. Call -out of City forces during off -hours, resulting from improper programming of
sprinkler controllers, will be charged to the Contractor at time and a half. It also should
be noted that there is a minimum two-hour charge for tabor on any call -out.
Withholding of Payment: Provided work under the Deficiency Notice has not been
completed, payment for subject deficiency shalt be withheld until deficiency is corrected,
without right to retroactive payments.
The Contractor's representative shall contact the City on a regular basis for notification
of special maintenance item(s) requiring correction.
The Contractor shalt provide a maintenance operations manager or designate sites
weekly during normal working hours as determined by the City.
BID PROPOSAL FROM:
Firms Name
To the Honorable Mayor and city Council, City of Huntington Beach, California:
Regarding Park and Landscape Maintenance Contract 05/06. In compliance with the
request for proposals for Sports Complex Maintenance MSC 423 — 005/06,
1 hereby propose and agree to enter into a contract to perform the work herein described
and to furnish the materials therefore according to the plans, specifications and special
provisions for the said work and to the satisfaction of and under the supervision of the
Director of Public Works of said City of Huntington Beach, California.
The undersigned will not subcontract any work accomplished by this contract.
For the furnishing of all labor, materials and equipment, and/or all incidental work
necessary to deliver all improvements complete in place in strict conformity with the
plans, specifications and special provisions, on file in the office of the Director of Public
Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices.
It is understood and agreed that the approximate quantities shown in the foregoing
proposal are solely for the purpose of facilitating the comparison of bids and that the
contractor's compensation will be computed upon the basis of the actual quantities in the
completed work, whether they be more or less than those shown herein at the unit prices
bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish
the necessary bonds within ten (10) days from the date of approval of the contract by the
City of Huntington Beach, California.
The undersigned understands that the term of the agreement shall be for a period of one
year from the date stated in the Notice to Proceed with the option of renewal.
The undersigned has examined carefully the site of the work contemplated, the route
schedules and specifications and the proposal and contract forms therefore. The
submission of a bid shall be conclusive evidence that the bidder has investigated
an
d nd is
e
satisfies as to the conditions to be encountered, as to the character, quality, scope
of work to be performed, the quantities of materials to be fumished, and as to the
requirement of the proposal, schedules, specifications, and the contract.
Accompanying this proposal is
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may
be, in an amount equal -to at least 10 percent of the total bid price, payable to the City of
Huntington Beach.
The undersigned deposits the above name security as a proposal guaranty and agrees
that is shall be forfeited to the City of Huntington Beach as liquidated damages in case
this proposal is accepted by the City and the undersigned shall fail to execute a contract
for doing said work and to fumish good and sufficient bonds in the form set forth in the
10
specifications and contract documents of the City, with surety satisfactory to the City
Within 10 days after the bidder has received written notice of the award of the contract;
otherwise said surety shall be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License
No.
Signature of Bidder
Business Address
Place of Residence
Dated this day of
, 20
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. ®ate Received Bidder's
Base Bid
(Total Sport Complex — In words)
(In Figures)
The evaluation and award of this contract shall be based on the lowest
responsible bidder's BASE BID proposal.
11
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says
that he or she is of
the party making the foregoing bid that the
bid is not made in the interest of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price, or that of any
other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
Name of Bidder
Signature of Bidder
Address of Bidder
Subscribed and sworn to before me this day of , 200 _
NOTARY PUBLIC
NOTARY SEAL
I
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the
work specified in the contract, known as the Sports Complex Maintenance
Contract, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter
defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is
familiar with the operation to be performed and the hazards
involved. "
The undersigned also promised and agrees that all such work shall be performed
in accordance with all applicable electrical utility company's requirements, Public
Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be
and are binding upon any subcontractor or subcontractors that may be retained
or employed by the undersigned, and that the undersigned shall take steps as
are necessary to assure compliance by any said subcontractor or subcontractors
with the requirements contained herein.
Contractor
Title
Date:
13
DISQUALIFICATION QUESTIONNAIRE
in accordance with Government Code Section 14310.5, the Bidder shall
complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has
a proprietary interest in the Bidder ever been disqualified, removed or otherwise
prevented from bidding on or completing a Federal, State or local government
project because of a violation of law or a safety regulation?
® Yes ® No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire o I sh II constitute s gnat itutes apart -of the � signatureposal, and a
portion of the Prope of this questionnaire.
14
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a
public works contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code, which
require every employer to be insured against liability for worker's
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 of this contract.
Contractor
Title
Date:
15
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the
AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification
Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-
800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number.
Contractor
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued
by U.S.A. during the course of the Work. Additional forms may be
obtained from the AGENCY upon request.
16
PROPOSED INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be
attached if necessary.
1. Firm Name:
2. Address:
3. Telephone:
4. Type of firm - individual, partnership, or corporation:
5. Corporation organized under the laws of the State of:
6. Contractor's License Number:
7. List the names and address of all members of the firm or names and titles
of all officers of the corporation:
8. Number of years experience as a contractor in Sports Complex
Maintenance:
9. List below the names, address and telephone numbers for three public
agencies for which the bidder has performed similar work within the past
two years
Contract Type of Work Date Completed References
Amount or Contract Name, Address & Phone Number
Duration
17
10. List the name of the person who inspected the sites of the proposed work
for your firm:
The undersigned is prepared to satisfy the Council of the City of Huntington
Beach of its ability, financially or otherwise, to perform the contract for the
proposed work and improvements in accordance with the plans and
specifications set forth.
Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and sworn to before me this day of 720._.
NOTARY PUBLIC
NOTARY SEAL
18
SPECIFICATIONS
FOR
SPORTS COMPLEX MAINTENANCE CONTRACT
MSC-423 05106
FOR
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
I. GENERAL
The specifications for the hereinafter described Sports Complex maintenance services
in the City of Huntington Beach as specified in the Contract Documents shall consist of
the requirements and conditions of the following documents: Standard Specifications
for Public Works Construction Latest Edition and General Requirements of the City of
Huntington Beach, excepting deleted sections, the Arboricultural and Landscape
Standards and Specifications of the City of Huntington Beach, the California
Landscape Contractors Association Standards book, Supplemental General
Requirements, Special Provisions, Attachments, Notice Inviting Bids, the Proposal, the
composite of which shall hereinafter be referred to as the Specifications.
II. SUPPLEMENTARY GENERAL REQUIREMENTS
Scope of Work
The contractor shall perform all work necessary to complete the Contract in a
satisfactory manner. The areas to be maintained shall include but not be limited
to turf areas, ground cover areas, trees, shrubs, sand play areas, drain lines,
sidewalks, driveways and aprons, ditches, catch basins, gutters, curb drains,
irrigation systems, and park accessories (excluding lighting equipment).
2. Work Schedule
a. The contractor shall deliver to the city a complete Sports Complex
maintenance weekly work schedule along with the size of work crew and
equipment summary sheet, prior to start of the maintenance contract.
b. The city retains the right to have certain work sites maintained on certain
days.
c. Contractor is expected to have the same maintenance work crew assigned to
its work sites at all times on a continuous basis.
d. Contractor at no time shall leave a work site to complete another sections
project, without having completed the work assignment for that day.
19
3. Emergency Services
The Contractor shall provide the City with the names and telephone numbers of
at least two (2) qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present. Such work will be performed and is considered
part of contract. The City shall call for such assistance only in the event of a
genuine and substantial emergency. The Contractor shall provide emergency
call out personnel, which will respond to the work site within one hour of call from
City. Emergency services and call outs are part of this contract. Failure to
respond to emergency call out resulting in the dispatch of city response
personnel will result in a $75.00 per hour call out fee with a two-hour minimum.
4. Working Time Limits
All work specified shall be performed between the hours of 7:00 a.m. and 5:00
p.m., and between the days of Monday and Friday, or as directed by the
maintenance operations manager or designate.
5. Improvements
The Contractor, or third party may do construction of sidewalks, turf areas, play
equipment, and irrigation system installations, when requested by the City. Such
work shall be considered as extra work and shall be paid for as specified.
6. Qualifications of Contractor
In order to be eligible to enter into this contract with the City, the bidder shall:
a. Have been engaged successfully in the maintenance of
automated/computerized irrigation systems, trees, shrubs, ground cover, turf
areas and pest management services for a period of at least five (5) years at
the time of the awarding of this contract.
b. Agree to employ an English speaking crewleader on a regular basis to
supervise the work at the landscape sites.
c. Be recognized by the City as well qualified to perform Sports Complex
maintenance on the basis of experience, expertise, equipment and financial
stability.
d. Provide references, company or agency, with address and personal contact
of a minimum of six (6) current landscape contracts for landscape
maintenance; three (3) of which must be of relatively similar size, level of
service and cost as this specified work or greater than this project.
Contractor must supply the following:
a. Contractor must have a valid California C-27 license.
20
b. Contractor or contractor's employee must be Certified Pest Control Operator
as certified by the State of California and shall maintain the Certification
during the term of this agreement.
c. Contractor must have on staff and maintain during the term of the contract, a
State Certified Pest Control Advisor for written recommendations.
d. Contractor must have on staff and maintain during the term of this contract,
an ISA Certified Arborist for written recommendations.
e. Contractor must have office within the city of Huntington Beach
f. Contractor must have radio or telephone communications between office and
field personnel.
g. Contractor must have 24-hour answering service.
h. Contractor must have 5 years of experience in Sports Complex or Landscape
maintenance.
i. Contractor must have sufficient vehicles and equipment to maintain contract
and meet City inspection. No employee's personal vehicle shall be used to
maintain City Contract.
j. Employees must wear orange shirts or orange vests for safety purposes, and
uniforms identified with company name.
k. Contractor must obtain and keep current a City business License.
I. Contractor must have vehicles marked with name and telephone number of
Company.
m. Contractor must maintain insurance, as required by City during term of
contract.
n. Contractor must provide the following organizational information:
i. Organization Chart inclusive of executives and descending to on -site
crewleader.
ii. Brief description of company personnel and training procedures.
iii. The Contractor shall provide a qualified, English speaking crewleader or
supervisor to oversee the work force. A listing of guaranteed size of work
force by job classification shall be provided to the City prior to beginning
work.
7. Public Safety
a. Where public'safety is affected, the Contractor shall make immediate
equipment repairs or removals of landscape and irrigation material and shall
21
report such repairs or removals within 24-hours to the maintenance operations
manager or designate.
b. Any 'extra work' performed by the Contractor as covered herein, shall be
considered as extra work and shall be paid for as specified in
8. Loss
a. City -owned property whether real or personal, which is damaged or destroyed
through vandalism or fire or which disappears through an unknown source and
is repaired or replaced by the contractor after prior approval by the
maintenance operations manager or designate, shall be paid as extra.
b. Where public safety is affected, the Contractor shall make immediate
equipment repairs or removals and shall report such repairs or removals within
24- hours to the maintenance operations manager or designate.
9. On -Site Storage
The storage of tools, equipment or materials within the project area, public right-of-
way or easements is prohibited.
10. Personal Attire and Equipment
a. The Contractor shall require each of his employees to adhere to basic Public
Works standards of working attire. These are basically uniforms, proper shoes
and other gear required by State Safety Regulations, and proper wearing of the
clothing. Shirts shall be wom at all times, buttoned and tucked in. Blue
uniforms are not acceptable.
b. Contractor shall display the name of his firm on any vehicles used by the
Contractor's employees to carry supplies and equipment. The firm name shall
be in letters large enough to be easily legible from a distance of one -hundred
(100) feet
c. All contractor trucks and other vehicles shall be of one color. All vehicles and
equipment shall be in good condition and appearance. All vehicles will display
a sign on the vehicle while working on City areas indicating the Contractor is
under contract with the City. This sign will be visible at all times. The irrigation
vehicles will also display a sign that "irrigation maintenance is in progress"
while this work is being performed.
11. Chemical Control
a. Contractor shall comply with all rules and regulations of the Department of
Food and Agriculture, the Department of Health, the Department of Industrial
relations and all other agencies, which govern the use of application of
chemicals required in the performance of the work. Chemicals shall include but
not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides,
germicides, nematocides, bactericides, inhibitors, fumigants, defoliants,
desiccants, soil sterilants and repellents.
22
b. Contractor shall apply spray chemicals when air currents are motionless,
preventing drifting onto adjacent property and preventing any toxic exposure to
persons whether or not they are in, or near, the project. All chemical
applications shall be recommended and supervised by the Contractor's state
licensed Pest Control Advisor. The Contractor's state licensed Pest Control
Operator shall make application.
G. Contractor shall submit a schedule of work plus name of any chemicals used,
outlining date, location and work obe performed, be submitted toththe maintenance operations
ur (4) days prior to the
week of work. Said schedule shall
manager or designate.
d. The Contractor shall provide complete and continuous control and/or
eradication of all plant pests or diseases. The contractor shall obtain any
necessary permits to comply with City, County, State, or Federal regulations or
laws prior to commencement of work
e. Contractor will assume responsibility and liability for the use of all chemical
controls. Pests and diseases to include, but not limited to, all vertebrates,
insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to
include necessary use of integrated pest control systems involving the use of
life history information and extensive monitoring. Control through prevention,
cultural practices, pesticide applications, exclusion, natural enemies, biological
control and host resistance.
f. All material use shall be in strict accordance and applied within the most
current EPA regulations and the California Food and Agricultural Code.
g. City shall be notified prior to the applications of pesticies and other chemicals.
Pesticide applications shall be recorded on the Maintenance Schedule and
coordinated with maintenance operations manager or designate. Material use
reports of all pesticides shall be filed with the city no later than the lop of every
month of the preceding month.
h. Application of Pesticides
i. Timing: Pesticides shall be applied at times, which limit the possibility of
contamination from climatic or other factors and at the proper life cycle of
the pests. Early morning application shall be used when possible to avoid
contamination from drift. Applicator shall monitor forecast weather
conditions to avoid making application prior to inclement weather to
eliminate potential runoff of treated areas.
ii. Irrigation water applied after treatment shall be reduced to eliminate runoff.
When water is required to increase pesticide efficiency, it shall be applied
only in quantities of which each area is capable of receiving without runoff.
iii. Handling of Pesticides: Care shall be taken in transferring and mixing
pesticides to prevent contaminating areas outside the target area.
Application methods shall be used to which ensure that materials are
23
confined to the target area. Spray tanks containing leftover materials shall
not be drained on the site. Disposal of pesticides and tank rinsing materials
shall be within the guidelines established in the State of Califomia Food and
Agricultural Code or EPA regulations.
iv. Equipment and Methods: Spray equipment shall be in good operating
condition, quality, and design to efficiently and effectively apply materials to
the target area. Minimize drift by avoiding high-pressure applications and
using water-soluble drift agents.
v. Selection of Materials: Pesticides shall be selected from those materials,
which characteristically have the lowest residual persistence. Use of
emulsifiable concentrates shall be used when possible to limit windblown
particles. The use of adjuvants will be to increase pesticide efficiently
thereby reducing the total amount of technical material required to gain
control.
vi. Substitutions: Wherever a specific type of material is specified, no
substitutions shall be allowed without the written consent of the
maintenance operations manager or designate.
vii. Certification of Materials: All materials shall be delivered on the site in
original unopened containers. Materials shall be subject to inspection by
the maintenance operations manager or designate.
viii. All areas of the landscape shall be inspected on a weekly basis for
infestations of harmful pests such as gophers, rabbits, squirrels, ants,
insects, mites, snails and sow bugs. Plants shall be observed closely for
leaves that may be blotched, blighted, deformed, mildewed, rusted,
scorched, discolored, defoliation, or wilted.
ix. Identify the cause of injury and consult a State of California
Certified/Licensed Pest Control Advisor before application of chemical
treatments.
x. The State of California Agricultural Code requires that pest control
chemicals may be used only after a written recommendation by a State of
California licensed Pest Control Advisor is obtained. A recommendation
consists of all the applicator should know for an accurate and safe usage.
1. The recommendation must be time and site specific.
2. Application of all pesticides shall be only by a properly State Licensed
Pest Control Operator of a Certified Applicator of Pesticides.
3. In case a Restricted Use Pesticide is recommended, the City must be in
receipt of use permit issued only by the County of Orange Agricultural
Commissioner to the Contractor.
24
4. Contractor shall apply spray chemicals when air currents are still;
preventing drifting onto adjacent property and preventing any toxic
exposure to persons whether or not they are in, or near, the project.
5. Contractor shall submit a schedule outlining date, location and work to
be performed, -four to the maprior to the week of work. Said intenance a operations manager or schedule
shall be submitted
designate.
12. Coordination
Contractor shall coordinate work with the Maintenance Operations Manager or
designate to prevent conflict with City programs and activities. The maintenance
operations manager or e desmay 'gnate's office is located at 17371 Gothard be reached by telephone at 714/536-5480. Street,
Huntington Beach. H
13. Water Conservation
a. Contractor shall, whenever possible, minimize the use of water during
maintenance operations. Watering equipment shall be kept in good working
order, water leaks shall be repaired promptly; and washing of equipment,
except when necessary for the safety of and for the protection of equipment,
shall be discouraged. In no case shall the Contractor use water to rinse or
flush chemicals of any kind from equipment onto the park site and/or
drainage or sewage systems.
b. Contractor shall comply with City of Huntington Beach Storm Water and
Urban Runoff Management. Municipal Code Chapter 14.25 at all times
14. Sound Control Requirements
a. Contractor shall comply with all County and local sound control and, noise
level rules, regulations and ordinances which apply to any work performed
pursuant to the Contract, and shall make every effort to control any undue
noise resulting from the operation.
b. Each internal combustion engine used for any purpose on the project or
related to the project shall be equipped with a muffler or a type recommended
by the manufacturer. No internal combustion engine shall be operated on the
project without said muffler. Said noise level requirement shall apply to all
equipment on the project or related to the project including but not limited to
trucks, transit mixers, or transient 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 the
public or Contractoes personnel.
15. Inclement Weather
25
a. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his work force in order to accomplish those activities
that are not affected by weather.
b. The Contractor shall restake and re -tie trees or other such activities as
required as a result of inclement weather. The Contractor will stay available
to assist in any storm related damage repair to sites in this contract.
c. Contractor shall not work or perform any operations during inclement weather
that may destroy or damage ground cover or turf areas. The Contractor shall
contact the maintenance operations manager or designate for the
determination of non -operation conditions.
d. The Contractor shall immediately notify the maintenance operations manager
or designate when the work force has been removed from the job site due to
inclement weather or other reasons.
16. Contract Documents
Contract documents shall consist of the specifications and exhibits, plans, bonds
insurance certificates, the contract and all submittals required.
17. Underground Excavations
Contractor shall be responsible for locating all underground utility lines to insure
the safety of his/her work crew and to protect in place existing utility equipment
before commencing any excavation. Contractor shall contact the maintenance
operations manager or designate and Underground Service Alert (1/800-422-
4133) 48 hours before commending any excavation, to locate underground
service lines.
18. Plans
e. One set of reduced planting and irrigation plans for Sports Complex are
provided as part of the contract documents for the Contractors general
reference. The Contractor shall be responsible for verifying in the field,
areas, quantities and facilities for accuracy.
f. Full scale blue line prints of the irrigation and planting plans will be made
available to the Contractor upon request, for a fee of $10.00 per set (prices
subject to change).
19. Air Pollution
g. Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes which apply to any work performed pursuant to the
Contract and shall not discharge smoke, dust or any other air contaminants
into the atmosphere in such quantity as will violate the regulations of any
legally constituted authority.
26
h. Material to be disposed of shall not be burned.
III.SPECIAL PROVISIONS TRAFFIC AND DETOURS
All Traffic Control shall be per City of Huntington Beach "Maintenance Work Traffic
Control Manual" Latest Edition. (Exhibit N)
1. Protection and Restoration of Existing Improvements
a. Relocations, repairs, replacements or re -establishments shall be equal to the
existing improvements and shall match such improvements in finish and
dimensions unless otherwise specified.
b. All cost to the Contractor for protecting, removing, restoring, repairing, replacing;
or re-establishing existing improvements shall be included in the bid in other
items of work unless otherwise specified.
2. Public Conveniences and Safety (Traffic and Access)
a. All traffic control shall be in accordance with the latest edition of the following
documentation: Cal -Trans - Manual or Traffic Control Devices for
Construction and Maintenance Work Zones, Traffic Manual, a n
Specifications, Standard Plans, Standard Specifications and the AGENCY's
Maintenance Work Traffic Control Manual.
b. The Contractor shall provide to the maintenance operations manager or
designate a telephone number at which the Contractor's representatives can be
reached, at any hour, should an emergency occur requiring replacement or
relocation of the required traffic control devices.
c. Prior to the start of any construction, the Contractor shall inform the AGENCY'S
Police and Fire departments of the project location, approximate start date,
completion date, and the name and telephone number of Contractor
representatives who may be contacted at any hour in the event of an emergency.
i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809
ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411
d. Information signs shall be required on all arterial streets one week prior to
beginning of roadway construction projects.
e. The Contractor shall adhere to applicable sections of California Administrative
Code, Title 8, concerning electrical and construction safety standards and
practices.
f. Contractor shall require that all personnel who are working the project site wear
an approved safety vest. Any worker without a vest may be ordered off the job
until such apparel is acquired. Questions as to approved vests shall be directed
to the maintenance operations manager or designate.
27
g. If the traffic cones or portable delineators are damaged, displaced or are not in
an upright position, for any reason, the contractor shall immediately replace or
restore to their original location, in an upright position, the cones or portable
delineators.
h. The Contractor shall provide and maintain all signs, barricades, flashers,
delineators and other necessary facilities for the protection of the motoring public
within the limits of the construction area. Contractor shall also post proper signs
to notify the public regarding detours and conditions of the roadway, all in
accordance with the provisions of the Vehicle Code, the current State of
California Department of Transportation "Manual of Traffic Controls for
Construction and Maintenance Work Zones", and the State of California
Department of Transportation Standard Plans and the current City of Huntington
Beach Maintenance Work Traffic Control Manual.
i. The Contractor shall furnish such flagmen and equipment as are necessary to
give adequate warning to traffic or to the public of any dangerous conditions in
accordance with the current Department of Transportation "Instructions to
Flagmen".
j. All existing traffic signs and street signs shall be maintained in visible locations
during construction. Signs designated for removal shall be salvaged and
delivered to the AGENCY Yard or disposed of as directed by the AGENCY.
3. Warning Signs
Adequate warning signs for motorists shall be placed and maintained throughout all
applicable phases of the work including speed limit reduction, loose gravel, fresh oil,
and open trench. Signs shall be 36" X 36" in size; shall be on site ready for
placement prior to start of the applicable phase of work and shall be placed in
advance on all streets approaching the work zone.
4. Street Closures, Detours, Barricades
a. Street closures will not be allowed except as specifically permitted by the
maintenance operations manager or designate.
b. Construction Traffic Control Plans shall be prepared in accordance with the
AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be
reviewed and approved by the Engineer. The Contractor shall submit the plans
to the maintenance operations manager or designate for approval or correction at
least 10 working days before approved plans will be required for commencing the
work.
c. Approval of the plans by the maintenance operations manager or designate shall
not relieve the Contractor from the responsibility for errors or omissions in the
plans or from deviations from the Contract Documents. The Contractor shall be
responsible for the correctness of the plans and for the results obtained by the
use of such plans.
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5. Protection of the Public
a. It is part of the service required of the Contractor to make whatever provisions
are necessary to protect the public. The Contractor shall use foresight and shall
take such steps and precautions as his operations warrant to protect the public
from danger, loss of life or loss of property, which would result from interruption
or contamination of public water supply, interruption of other public service or
from the failure of partly completed work or partially completed work or partially
removed facilities. Unusual conditions may arise on the work which will require
that immediate and unusual provisions be made to protect the public from danger
or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract.
b. Whenever, in the opinion of the maintenance operations manager or designate,
an emergency exists against which the Contractor has not taken sufficient
precaution for the public safety, protection of utilities and protection of adjacent
structures of property, which may be damaged by the Contractor's operations
and when, in the opinion of the maintenance operations manager or designate,
immediate action shall be considered necessary in order to protect the public or
property due to the Contractor's operations under this contract, the maintenance
operations manager or designate will order the Contractor to provide a remedy
for the unsafe condition. If the Contractor fails to act on the situation, the
maintenance operations manager or designate may provide suitable protection to
said interests by causing such work to be done and material to be furnished as
may be necessary.
c. The cost and expense of said labor and material, together with the cost and
expense of such repairs as are deemed necessary, shall be borne by the
Contractor. All expenses incurred by the AGENCY for emergency repairs will be
deducted from the progress payments and the final payment due to the
Contractor. However, if the AGENCY does not take such remedial measures,
the Contractor is not relieved of the full responsibility for public safety.
6. Hauling
a. Spillage resulting from hauling operations on or across public thoroughfares shall
be immediately removed at Contractor's expense.
b. If the spillage is of a hazardous substance, such as petroleum products, or
pesticides, Contractor is required to contact the maintenance operations
manager or designate immediately and also prevent the substance from running
into storm drains.
IV.TURF MAINTENANCE
1. Mowing and Edging
a. Turf areas shall be mowed, edged or trimmed as needed. Turf shall be mowed
once per week or as directed by the maintenance operations manager or
designate.
29
b. Turf areas consisting of warm season grasses shall be mowed with a reel
mower. During dormancy seasons the warm season grasses shall be mowed as
needed to keep grass at 1/2" to 3/4" in height. During the growing season the
warm season grasses shall be mowed to keep the grass at 3/4" in height. The
City may request the Contractor to vary mowing heights for special events and
conditions as directed by the maintenance operations manager or designate.
c. The Contractor shall submit a mowing schedule of days and times for Sports
Complex. The Contractor shall maintain the schedule as closely as possible
unless a change is authorized or directed by the maintenance operations
.manager or designate.
d. Turf clippings and debris shall be lifted the same day of each mowing, trimming
or edging operation and shall be removed from Sports Complex.
e. Turf shall be trimmed to the edge of sidewalks, curbs, mow -strips, retaining walls,
posts, valve boxes, controllers, light standards and any paved surface. Turf shall
be kept trimmed or sprayed with a contact herbicide for a sufficient distance from
sprinkler heads to ensure proper sprinkler coverage and for a distance of
eighteen (18) inches from all tree trunks. Contractor shall exercise care not to
spray tree trunks with any chemicals or injure the tree trunk with any chemicals
or injure the tree trunks with mechanical equipment.
f. All general hardscape provisions, no blowers will be used within 50' of bleachers,
playgrounds and concession area's. Vacuum sweepers should be used. The use
of water is prohibited for cleaning purposes.
2. Watering
An automatic irrigation system is provided for the Contractor's use to maintain
optimum soil moisture content to ensure healthy, vigorous growth but shall not be
intended as the only means of irrigation. Should there be an interruption of electrical
power or malfunctioning of the controller or control valves for more than two (2)
consecutive days, the Contractor shall be required to water by other means if
necessary to prevent deterioration of the areas involved. The contractor shall be
responsible for providing control and monitoring irrigation operations to provide
sufficient water for optimum growth with a minimum of water run-off. Unnecessary
flooding or excessive watering shall be corrected as quickly as possible.
3. Fertilization, Aerofication and Dethatching.
4. Fertilization
a. Prior to fertilizer applications a city representative shall verify the fertilizer
quantity at the Sport Complex at the time of each application. Empty bags may
be required for verification of quantities.
30
b. All turf grasses shall be fertilized as follows: All turf shall receive four (4) pounds
per 1,000 square feet of calcium Nitrate per application March and late October.
In May, June and July all turf shall receive six (6) pounds of complete fertilizer
16-6-8 per 1,000 square feet per application. In early September and October,
All turf shall receive six (6) pounds of complete fertilizer 16-6-8 plus trace
elements per 1,000 square feet per application. Application subject to change
per maintenance operations manager or designate recommendation.
c. The fertilizer applications shall be applied immediately after the aeroficiation and
thatch removal operations. This is subject to change per the maintenance
operations manager or designate recommendation.
5. Soil Aerofication
a. Turf aerofication shall be accomplished just prior to each fertilizer application.
The entire turf area shall be aerated with a self-propelled machine that removed
cores of soil 3/4" in diameter by four (4) to six (6) inches long, spaced no more
than six (6) inches between cores. Sweep or rake the dislodged cores from the
turf areas and remove from sports complex site. Aerofication shall be done
immediately after thatch removal operation in early May. This is subject to
change per the maintenance operations manager or designate recommendation.
6. Thatch Removal
Thatch shall be removed with a vertical mower, or approved equal, once a year in
early May from all turf areas as directed by the maintenance operations manager or
designate. Care shall be taken to avoid unnecessary or excessive injury to the turf
grass stand. Sweep or rake the dislodged thatch from the turf areas and remove
from each sports complex site. After the thatch is removed, turf shall be aerofied,
fertilized and watered.
7. Insect, Disease and Pest Control
Contractor shall provide complete insect, disease and pest control as necessary or
as directed by the maintenance operations manager or designate. Contractor shall
obtain the maintenance operations manager or designate approval forty-eight (48)
hours prior to the use of any chemical, mechanical or any other mechanical or any
other method control.
8. Weed Control
All vegetation shall be sprayed and removed for a distance of eighteen (18) inches
from tree trunks to form tree wells. Any additional weed control in turf areas shall be
as needed or as directed by the maintenance operations manager or designate.
9. Re -Planting
The contractor shall resod all turf lost due to Contractor's faulty maintenance or
negligence, as determined by the maintenance operations manager or designate
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V.SHRUB AND GROUND COVER MAINTENANCE
1. Pruning and Trimming
a. Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures,
driveways, mow -strips, retaining walls and buildings. Ground cover shall be kept
one (1) foot from fences, property lines, trees and shrubs. In no case shall
ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs
and trees.
b. Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings,
driveways, sidewalks, trees, retaining walls and sprinkler heads. In no case shall
hedging or shearing be allowed prior to approval of the maintenance operations
manager or designate. The Contractor shall prune where necessary to maintain
safe vehicular and pedestrian visibility as directed by the maintenance operations
manager or designate.
2. Watering
See Part IV, Section 2.
3. Fertilizing
Ground cover and shrub areas shall be fed between March and May with a
complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre
or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day
before fertilizing and thoroughly again immediately after the application of the
fertilizer. Wash all plant food off foliage.
4. Insect, Disease and Pest Control
See Part IV, Section 7.
5. Weed Control
The Contractor shall maintain a pre -emergence and post -emergence program for the
entire duration of the contract. Ground cover and shrub areas shall be weeded
before any weeds reach four (4) inches in height. Pre -emergent herbicide shall be
applied in early March and again in early September according to the manufacturer's
recommendation each year in all ground cover areas. Post -emergent herbicide shall
be applied as needed; as directed and the types approved by the maintenance
operations manager or designate depending upon the type of ground cover involved.
Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated
with a portable sprayer or wick wand as needed with an effective herbicide and
applied per manufacturer's recommendations. Water shall not be applied to treated
areas for forty-eight (48) hours after each application. Sprayed weeds shall be left in
place for a minimum of seven (7) days. If kill is not complete, a second application
shall be applied as above. After a complete kill, all dead weeds shall be removed
from the work site. Nutsedge shall be treated a minimum of once per month until
32
complete control is achieved as specified above and as directed by the maintenance
operations manager or designate.
VI.TREE MAINTENANCE
1. Pruning and Trimming
The maintenance operations manager or designate shall be noted prior to any
trimming. All trees of twenty feet (20) height or less shall be shaped, trimmed and
pruned, to the highest arboricultural standards, as supervised by Contractor certified
Arborist. Trees shall be thinned out, headed -back and shaped a minimum of once a
year. Any dead or damaged branches shall be removed back to a lateral branch.
No stubs will be permitted. The Contractor shall restrict growth through pruning to
maintain safe road visibility, vehicle and pedestrian clearances, equipment
accessibility and to prevent or eliminate hazardous situations. All palms are to be
trimmed as often as necessary to remove dead fronds and or fruit.
2. Watering
See Part IV, Section 2, of these specifications.
3. Fertilizing
Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace
elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured
one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the
trees and watered thoroughly.
4. Ground Water Pumping
Trees provided with PVC vents shall be pumped with a portable pumping device to
prevent standing water at lower root zone as needed. Weekly inspection of these
vents shall be made by the Contractor and if necessary, corrective action taken
immediately.
5. Tree Staking and Tying
Trees shall be staked in accordance with Standard 703 revision of the City's
Standard Plans, dated July 17, 1981. Stakes and ties shall be placed in such a
manner that no trunk chafing occurs. Guys and ties shall be checked periodically to
prevent girdling and/or restriction of growth.
VII. WOOD CHIP MULCH AREA MAINTENANCE
Wood chip areas shall be kept evenly spread at a uniform four (4) to six (6) inch
depth. Contractor shall remove weeds and debris as required herein.
The Contractor will acquire wood chips from the City of Huntington Beach at
17581 Gothard St. Huntington Beach Ca. 92648 Parks Trees and Landscape
Yard. See the maintenance operations manager or designate for the wood chips.
33
Replenishment
Once per year the contractor will furnish wood chips to the park site for
replenishment. The Contractor shall spread the wood chips evenly over the
entire wood chip mulch areas to a uniform depth. The contractor shall remove
vegetation, branches, logs, paper and other debris from the wood chips and
dispose of any objectionable material off the park site. No ash, palms or pepper
wood chips are to be used on park sites.
2. Weed Control
a. Weeds shall be either pulled or sprayed and removed from non -vegetative areas
before reaching four (4) inches in height.
b. Serious pest weeds shall be treated as specified in Part V, Section 4, of these
specifications. No sterilants of any kind are to be used in these areas.
Vill. DECOMPOSED GRANITE AREA MAINTENANCE
Decomposed granite areas shall be kept in a neat and clean condition, free from
weeds and debris.
1. Resurfacing
Once per year the City will require that the decomposed granite areas be
resurfaced. Contractor shall resurface the area by filling low or worn areas with
new decomposed granite to eliminate ponding of water. The decomposed
granite shall be paced to a minimum thickness of four (4) inches and compacted
with a roller. After rolling, the area, the area shall be smooth and raked and
watered thoroughly to provide maximum compaction. Work involved in the
resurfacing operation is considered part of contract.
IX.PROTECTION OF SPORTS FIELDS
The City of Huntington Beach shall be responsible for maintaining brick dust areas at
each softball field. The contractor shall perform mowing, trash removal and watering
operations in a manner -as not to inhibit the grooming of infields or disturb infields that
have already been groomed.
X.SAND AND PLAY AREA MAINTENANCE
Sand play areas shall be kept free of weeds, litter and debris. Sand shall be kept in a
reasonably leveled condition, as directed by the maintenance operations manager or
designate, rototilled six (6) times per year, to a depth of 12 inches. Dates to be agreed
upon by Contractor and City maintenance operations manager or designate. When
additional sand is required, the City maintenance operations manager or designate will
34
determine the screen size/type and quantities. New sand shall be placed and graded in
a uniform manner, at a consistent level. Sand provided by City. Sand play areas shall
maintain a sand depth of 18 inches or more.
Weeds shall be removed by physical means as needed except serious pest weeds shall
be treated as specified in Part V, Section 5, of these specifications. No herbicide use
permitted.
XI.PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES
MAINTENANCE
Contractor shall report any major deficiency or the need of replacement of play
equipment, park furniture and accessories and facilities included but not limited to walk,
play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash
receptacles to the maintenance operations manager or designate. The maintenance
operations manager or designate will then determine the extent of the removal or
replacement, if any.
Where public safety is affected, the Contractor shall report to the maintenance
operations manager or designate immediately by phone at 714/536-5480 or reporting to
Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington
Beach, CA. 92647.
XII.IRRIGATION SYSTEMS MAINTENANCE
The controlling factor in the performance of water management within the City landscape
maintenance areas is the application of water to landscape plants at a rate, which
closely matches the actual demands of plant material and little or no runoff. Roadway
safety and maintenance is the first and foremost reason why water must be strictly
controlled with the City. Other important water management considerations include safe
and dry right-of-ways for community use, water costs, and plant health.
1. Watering
a. An automatic or manual irrigation system is provided for the contractor's use to
maintain optimum soil moisture content to ensure healthy vigorous growth but
shall not be intended as the only means of irrigation. Should there be an
interruption of electrical power or malfunctioning of the controller or control valves
for more than two (2) consecutive days, the Contractor shall be required to water
by other means if necessary to prevent deterioration of the areas involved. The
Contractor shall be responsible for providing control and monitoring irrigation
operations to provide sufficient water for optimum growth with a minimum of
water run-off. Unnecessary flooding or excessive watering shall be corrected as
quickly as possible.
b. Irrigation/Operation and Maintenance
35
All landscaped areas shall be irrigated as required to maintain adequate growth
and appearance. Irrigation shall be accomplished in accordance with these
specifications/guidelines and the following time frames:
Irrigation 12:00 AM — 5:00 AM
c. Operation/Repair
i. The entire irrigation system to include all components from connection at
back side of water meter shall be maintained in an operational state at all
times. This coverage shall include but not be limited to the following: all
controllers, remote control valves, gate valves and sprinkler heads etc.
ii. All irrigation systems shall be tested and inspected and a written report
submitted to the City when requested.
iii. All systems shall be adjusted in order to:
a. Provide adequate coverage of all landscape areas.
b. Prevent excessive runoff and/or erosion.
c. Prevent watering roadways, walkways or private property.
d. Match precipitation rates.
e. Limit hazardous conditions.
f. Maintain optimum soil moisture content to ensure healthy vigorous
growth.
iv. All irrigation systems shall be tested and inspected as necessary when
damage is suspected, observed, or reported daily if necessary.
a. Repair malfunctioning controllers, quick couplers, flow meters, moisture
sensors, manual or automatic valves and sprinkler heads within twenty-
four (24) hours of receipt of verbal or written notice.
b. Correct deficient irrigation systems and equipment as necessary following
verbal notification from the City of Huntington Beach Landscape
Inspection
The Contractor shall turn off or adjust to low volume exercise irrigation
system immediately as directed during periods of rainfall and times when
suspension of irrigation is desirable to conserve water while remaining
within the guidelines of good horticultural acceptable maintenance
practices.
Q=
c. Once the maintenance operations manager or designate acknowledges
the necessity to turn on the water once again, all controllers shall be
activated within twenty-four (24) hours.
d. Battery operated controllers will be kept in continuous operating condition
by replacing batteries when necessary at Contractors expense.
e. Contractor will maintain, in continuous optimum operating condition solar
powered controllers at all sites at which such units are installed.
v. Contractor shall provide personnel fully trained in all phases of landscaping
and irrigation systems operation, maintenance, adjustment, and repair, in all
types of components to include irrigation control clocks, valves and sprinkler
heads; and with all brands and models of irrigation equipment.
vi. Adjustment, damage and repairs shall be divided into the following categories
and actions:
a. All sprinkler heads shall be adjusted or replaced to maintain proper
coverage. Adjustment shall include, but not be limited to, actual
adjustments to heads, cleaning and flushing heads and lines, and
removal of obstructions. Costs for adjustment or replacements shall be
included in costs for operation and maintenance of the irrigation system.
b. All damage resulting from Contractors operations shall be repaired or
replaced prior to the end of the workday at the Contractors expense.
c. Repairs to the irrigation system shall be completed within 24 hours on
component damage such as controllers, broken irrigation lines, defective
or broken valves, sprinkler heads and other minor items.
d. All replacements shall be in strict accordance with City of Huntington
Beach equipment and installation standard plans, no substitutions will be
permitted. Unless approved by at Contractors expense
vii. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed
around sprinkler heads to insure proper operations and coverage of the
system.
d. Personnel
i. The Contractor shall provide personnel fully trained in all phases of landscape
irrigation systems operation, maintenance, adjustments, and repair, in all types
of components to include irrigation controllers, valves, sprinkler heads, and with
all brands and models of irrigation equipment used within the city.
ii. The Contractor shall provide personnel knowledgeable of, and proficient in
current water management concepts, with the capability of working with City
staff in implementing more advanced water management strategies.
37
iii. The Contractor shall provide personnel capable of verbal and written
communication in the English language.
e. Materials
i. All replacement materials are to be with original types and model materials,
unless the maintenance operations manager or designate approves a
substitute.
ii. Contractor shall maintain an adequate inventory of medium to high usage stock
items for repair of the irrigation systems.
iii. Contractor shall implement repairs in accordance with all effective warranties,
and no separate payment shall be made for repairs on equipment covered by
warranty.
f. Water Management
i. Contractor will keep system operating at manufacturer's recommended
operating pressure. The valves should be throttled so as to prevent sprinkler
heads from fogging, allowing droplets for effective watering. The City
Representative may request a coverage test to evaluate proper settings,
timing, usage, or maintenance of system.
ii. The contractor will be responsible for setting and monitoring the irrigation
controllers and will not manually activate automatic valves unless associated
with system repairs.
iii. All systems shall be programmed weekly and/or as needed to maintain healthy
plant materials and landscape.
iv. All program changes shall be recorded on the Irrigation Program Log.
v. Controller program is to be sufficient to maintain a healthy landscape without
excessive water use and shall be consistent with irrigation schedules provided
by the City in Section Vill.
XIII. CLEANUP
After Contractor has completed all operations as specified in these specifications,
he shall remove and dispose of all clippings, cuttings, trimmings, weeds, leaves,
paper, trash and other debris existing or due to this operations from the park and
landscape sites, at the end of each day's work. State water control mandates.
Clipping in gutters. Trash receptacles shall be emptied twice per week, or as
agreed upon by City maintenance operations manager or designate. Trash
removal and disposal shall be included in the contract price for the maintenance
contract. Contractor shall vacuum clean all walks, driveways, court game
pavement areas, gutters, parking lots and other areas adjacent to work locations,
per work schedule.
38
The use of water is prohibited for cleaning purposes unless no other means of
effective or unless otherwise specified. Contractor shall be responsible for the
periodic inspection and cleaning of all catch basins, drain lines and curb drains
within a park site. Any damages resulting from the Contractor's negligence of
these inspections and/or lack of corrective measures shall be the Contractor's
sole responsibility. Expansion joints or cracks in pavement areas shall be spot
treated with a combination of non -selective contact herbicide as needed for
weed control.
1. Performance Requirements for Hardscapes
During each site visit concrete and asphalt areas, including driveways, parking
areas, sidewalks, curb and gutters, expansion joints and walls adjacent to city
landscape shall be kept clear of dirt, mud, trash, weeds and any other
substances which are either unsightly or unsafe.
XIV. EXHIBITS
A. Weekly Inspection Sheet
B. Deficiency Notice
C. Maintenance Frequency Summary Schedule
D. Maintenance Frequency Summary by Location
E. Planting plans
F. Landfill Gas Monitoring wells
G. Irrigation
39
Exhibit A
Weekly Inspection Sheet
Location: Date:
Hazardous Conditions ❑
Overall Condition:
Turf
Trees
Beds
Picnic Facilities, Restrooms
Other:
Corrections Needed:
Play Equipment Overall Condition
Sand Pits
Comments:
Inspected By:
Good
Fair
Needs
Work
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
Weekly Inspection Sheet
Location: Date:
Hazardous Conditions ❑
Overall Condition:
Turf
Trees
Beds
Picnic Facilities, Restrooms
Other:
Corrections Needed:
Play Equipment Overall Condition
Sand Pits
Comments:
Inspected By:
❑ ❑ ❑
❑ ❑ ❑
Good
Fair
Needs
Work
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
all
Exhibit B
CITY OF HUNTINGTON BEACH
SPORTS COMPLEX MAINTENANCE CONTRACT DEFICIENCY NOTICE
PLMC - 05/06
Contractor:
Address:
Project:
Description of Deficiency:
Date of Notification:
City Representative:
Contractor's Representative:
41
Exhibit C
MAINTENANCE FREQUENCY SUMMARY
AND SCHEDULE TASK
FUNCTION
Irrigation Inspection
Turf Maintenance
Mowing
Edging
Clipping Removal
String Trimming
Chemical Control
Visual Inspection
Ground Cover Maintenance
Trim
Chemical Control
Visual Inspection
Shrub, Vine & Tree Maintenance
Trim
Palms
Chemical Control
Restake/Check
Visual Inspection
Hardscape Maintenance
Grounds Policing/Litter Removal
FREQUENCY
Weekly
Once/Week
At each mowing
At each mowing
At each mowing
As needed
Weekly
Monthly
As needed
Weekly
As needed
As needed to remove dead fronds
and fruit
As needed
Each site visit every two weeks min.
Weekly
Each site visit/weekly min.
Each site visit/per schedule
Weed Control Each Visit
42
Exhibit D
Landscape
Maintenance Requirements
All operations will be conducted as to provide maximum safety for the public and
minimize disruption of the public use of city facilities.
A. General Clean Up
1. Remove any foreign matter such as food, ice cream, beverage, blood,
vomit, animal feces, human waste, urine, etc.
2. The above shall be cleaned immediately in the same workday.
Contractor shall be equipped with water hoses, quick coupler, Hudson
Sprayer, five (5) gallon water bucket, scrub brushes and cleaning
solutions. If any foreign matter seems to be of oil based substance,
contact the maintenance operations manager or designate. Do not wash
down the gutter into the storm drains.
B. Pedestrian Safety Grates
All tree steel grates are to be cleaned of all litter and weeds.
2. All tree grates to be level with sidewalks.
3. Removal of all weeds, grasses, etc. to ensure elevation of grate matches
existing sidewalk grade.
4. Landscape planters are to be free of trash, weeds, grasses, and leaves
etc. on a continuous basis.
C. Groundcover
All groundcover after edging must be swept picked up and disposed of
properly. No clippings shall be blown into the street.
2. Remove all dead palm fronds and fruit as often as needed or directed by
maintenance operations manager or designate
E. Pest Control of Plant Materials
Control all pests such as snails, slugs, gopher, insects etc. immediately to
minimize damage to landscape. Refer to pest control specifications prior
to application of pesticides.
F. Irrigation
43
1. No persons other than the irrigation specialist or his superior shall be
permitted to program controller.
G. Graffiti
Immediately upon notice, Contractor shall report any graffiti within the
Sports Complex to City at 714-960-8861
- -0- - -- -
Foreman, Ron
From: Griffin, Sharon
Sent: Tuesday, September 13, 2005 10:25 AM
To: Foreman, Ron
JOB WALK SPORTS COMPLEX MAINTENANCE
MSC-423 05/06
RFQ #05-0922
SEPTEMBER 14, 2005 a@ 7:00 A.M.
SIGNATURE
PRINT NAME
PHONE #
COMPANY NAME
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G �Q�
An
9/13/2005