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CC - Item 4E - Award of Contract Ramona Beautification ProjectROSEMEAD CITY COUNCIL TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER GA` DATE: FEBRUARY 10, 2009 SUBJECT: RAMONA BOULEVARD BEAUTIFICATION PROJECT — AWARD OF CONTRACT SUMMARY As part of the City's Fiscal Year 2008 -2009 Capital Improvement Program, the City Council approved a project to improve the Ramona Boulevard sound wall area from Walnut Grove Avenue to Rosemead Boulevard. This project includes a complete landscape makeover including a new irrigation system, ground cover, trees, shrubs, vines and minor concrete work. On January 28, 2009, bids were received and reviewed for the project. Staff Recommendation Staff recommends the following: 1. Authorize the City Manager and the City Clerk to enter into a contract with Mariposa Horticultural Enterprises, Inc for the Ramona Boulevard Beautification Project in the amount of $51,625.65. 2. Establish an amount of $10,325.05 to cover the cost of unforeseen construction expenses. DISCUSSION Ramona Boulevard is a 1 -mile east and west street from Walnut Grove Avenue to Rosemead Boulevard and runs adjacent to the Interstate 10 San Bernardino Freeway. There are several maintenance issues along this street and the freeway sound wall including graffiti, weeds, and trash debris. The City's Public Services Business Unit routinely monitors this stretch of roadway and spends time removing graffiti and collecting trash and litter debris. The proposed project includes planting shrubs, trees, vines and new irrigation system components along the sound wall. This will eliminate the non - landscaped areas where APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting February 10, 2009 Page 2 of 3 A Notice Inviting Bids was published in local news publications and advertised to area contractors. At 11:00 AM on January 28, 2009, the City Clerk publicly opened and read four (4) sealed bids with the following results RANK CONTRACTOR LOCATION BID AMOU 1 Mariposa Horticultural Irwindale, CA $51,625.65 Enterprises, Inc. 2 Marina Landscaping, Inc. Anaheim, CA $63,351.90 3 Pierre Sprinkler & Landscape Baldwin Park, CA $65,008.00 4 CLS Landscape Management Chino, CA $67,354.51 Staff has reviewed the bid documents for completeness and investigated the contractor's background and recent projects for competency. Staff has concluded that Mariposa Horticultural Enterprises Inc. is the lowest responsible bidder to perform the construction of this project. Mariposa has satisfactorily completed similar projects for other agencies, including the City of Arcadia, the City of Burbank, and Mt. San Antonio College. The City Engineer's estimate for this project was $95,000. Staff attributes the lower cost bid proposals to lower materials costs and a competitive bidding environment for improvement projects. Timeline If this contract is awarded by the City Council, staff will work to complete this project according to the following schedule: February 10 — City Council Awards Contract Week of February 16 — Begin Proj ect Outreach with Local Residents March 9 th - April 10 — Tentative Construction Schedule April 24 Tentative Proiect Completion May 12 - Tentative Notice of Completion by City Engineer The Contractor must complete all work within 30 consecutive calendar days. Liquidated damages are $250 per calendar day. FINANCIAL REVIEW The total appropriation needed to award this project is $61,950.30, which includes a 20% amount ($10,325.05) for unforeseen construction expenses. Funding for this project is provided for in the City's approved FY 2008 -09 Capital Improvement Program Budget. City Council Meeting February 10, 2009 Page 3 of 3 ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This exemption covers projects involving minor alterations of land that do not have a significant effect on the environment. Prepared by: Rafael Fajardo Associate Civil Engineer Submitted by: Chris Marcarello Deputy Public Works Director Attachments: (1) January 13, 2009 City Council Agenda Report (2) Plans and Specifications (3) Bid Summary/Comments (4) Bid Proposals (5) Contract (6) Dunn and Bradstreet Report— Mariposa Horticultural Enterprises, Inc. ATTACHMENT 1 TO: THE HONORABLE MAYOR AND CITY COUNCIL 3 2. Authorize staff to advertise this project and solicit bids to complete the improvement project. DISCUSSION W i i -* t 6 ITEM NO. Ha� APPROVED FOR CITY COUNCIL AGENDA: 6,e City Council Meeting January 13 2009. Page 2 of 3 Timeline If directed to move forward, staff will work to advertise and complete this project according to the following schedule: January L3L— Authorization to Proceed City Council Approval of Design, Specifications and Authorization to Solicit Proposals for Park Enhancements FINANCI �L REVIEW Funding for this project was approved by your City Council as part of the City's FY 2008-09 Capital Improvement Program Budget. There is approximately $100,000 budgeted for the improvement work. ENVIRONMENTAL REVIEW The project is categorically exempt from the Calif�rnia Environmental Quality Act (CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines, This exemption covers projects involving minor alterations of land that do not have a significant effect on the environment. C" Council Meeting January 13, 2009. 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MVY ry¢A�Rh pt�54itR n WxeR.tRWMmt Ap uwaA lr�swcmzmc ¢Ar�umaM tWYtts+W 4mifiN®9IDER @I.R{E ieR R6+H �L.� W @W41AP¢ M N61G!Y 0 f9 �M ¢ la!14 Y a j WAW N1 ��i Sll tLr at Y a j WAW at a * t Y a j CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT FISCAL YEAR 2008 -2009 IN THE CITY OF ROSEMEAD PROJECT No. 2009 -01 PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569 -2152 FAX: (626) 307 -9218 SCHEDULED 13u) OPENING: JANUARY 28, 2009. CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids 2. Instructions to Bidders 3. Contract Bid Forms CONTRACT DOCUMENTS 4. Contract o Contract Agreement and Insurance Requirements o Performance Bond o Payment Bond 5. Contract Appendix Part "A" - General Conditions Part "B" - Specifications Part "C" - Special Provisions CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT NOTICE INVITING BIDS CITY OF ROSEMEAD NOTICE INVITING BIDS PROJECT No. 2009 -01 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 O'clock A.M. on Wednesday. the 28th. day of .lamjarv_ 2009 in the nffira of tha City Cinrle anA RAMONA BOULEVARD BEAUTIFICATION PROJECT The project includes the installation of new landscape, irrigation, miscellaneous concrete work and other related work as described in the Specifications, Plans and Contract Documents, by this reference, made a part hereof. A mandatory pre -bid meeting will be held on Thursday, January 22, 2009 at 10:00 a.m., at the City Hall, 8838 East Valley Boulevard, Rosemead, CA. 91770. All prime contractors are required to have a representative attend and sign in at the pre -bid meeting. Failure to comply with this attendance and sign -in requirement will result in Bidder's proposal being found non - responsive to the require bid procedures. The estimated amount of this project is $95,000.00. The successful bidder shall have thirty (30) calendar days to complete the work. Liquidated damages shall be $250.00 per calendar day. Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569 -2177, for a non- refundable charge of $25.00 and $40.00 if mailing is requested. Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty -one (61) days after the above bid opening date The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. It shall be mandatory upon the Contractor, and upon any subcontractor under the Contractor, to pay not less than the prevailing rate of per diem wages in the locality of the CITY OF ROSEMEAD to all workers employed in the execution of the Contract. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a C -27 license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Service Agreement with the City has been signed by the selected firm and by the City. Award of Service Agreement is proposed for February 10, 2009. Dated this 2009. GLORIA MOLLEDA CITY CLERK Publish:January 15th & 22th, 2009. CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT INSTRUCTION TO BIDDERS IIm TABLE OF CONTENTS Paste 1: AVAILABILITY OF BID DOCUMENTS ............................................... ..............................1 2. EXAMINATION OF BID DOCUMENTS .............................................. ..............................1 3. INTERPRETATION OF BID DOCUMENTS ........................................ ..............................1 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK ..............................2 5 . ADDENDA ........................................................................................... ..............................2 6 . PREPARATION OF BIDS ................................................................... ..............................2 .. 7. ALTERNATE BIDS .............................................................................. ..............................3 8 . MODIFICATIONS OF BIDS ................................................................ ..............................3 9 . SIGNING OF BIDS .............................................................................. ..............................3 10 . BID GUARANTEE ( BOND) ................................................................. ..............................4 11. SUBMISSION OF SEALED BIDS ....................................................... ..............................4 12. DELIVERY AND OPENING OF BIDS.. ....................................................... ..................... 5 13 . WITHDRAWAL OF BID ....................................................................... ..............................5 14 . AWARD PROCESS ........................................................................... ............................... 5 15. DESIGNATION OF SUBCONTRACTORS ......................................... ..............................5 16. LICENSING REQUIREMENTS ........................................................... ..............................6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID ...................6 18. INSURANCE REQUIREMENTS ......................................................... ..............................6 19. REQUIRED BIDDER CERTIFICATIONS ....................................:....... ..............................6 20. BASIS OF AWARD; BALANCED BIDS .............................................. ..............................6 21. FILING OF BID PROTESTS ............................................................... ..............................7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS . ..............................7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS ........................ ............................... 7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ............ 8 25. EXECUTION OF CONTRACT ........................................................... ............................... 8 26 . OWNER RIGHTS ................................................................................ ..............................8 27. BIDDER'S RESPONSIVENESS ......................................................... ..............................8 28. BIDDER'S RESPONSIVENESS CHECKLIST .................................... ..............................8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS ............. ..............................9 30. RESPONSIBILITY CRITERIA ............................................................ .............................10 IIm INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ( "ITB "). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges forthe Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written /faxed Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Ownerwill prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract ITB -1 Contract Appendix Part "A" Part "B" Part "C" Part "D" Part "E" Part "F" Part "G" General Conditions Supplementary General Conditions Special Provisions Specifications Drawings Performance Bond Payment Bond Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 1 9 The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N /A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. ITB - 2 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by cash, a certified or cashier's check, -bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the ITB -3 Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid.and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shalt also contain the following in the lower left -hand cornerthereof: Bid of for the RAMONA BOULEVARD BEAUTIFICATION PROJECT No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of M the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have ten (10) Calendar Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Calendar Days from the date of the Notice of Award. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one -half of one percent (0.5 %) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. ITB - 5 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Ownerwith four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders, must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms . B. NON - COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non - collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non - responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Calendar Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff /Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. EM If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Engineer will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project engineer to the City Engineer. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an adFnitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100 %) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100°/x) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications ITB - 7 to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner /joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non - Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. i 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications orthe terms and conditions of the Contractwill renderthe Bid nonresponsive and disqualify the Bidderfrom consideration for award. B. List of Proposed Subcontractors (Forms) State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one -half of one percent (0.5 %) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth. below. (1) Name List the name of Subcontractors who will perform work in excess of one half of one percent (0.5 %)of the Total Bid Price. (2) Location For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type /portion of work to be performed in the Contract. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT CONTRACT BID FORMS k BIDDER: La Man Inc. CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE ...................................................................... ..............................1 SECTION 2 BID DATA FORMS .................................................................. ..............................5 2.A BID BOND ................................................................................ ..............................6 2.13 LIST OF PROPOSED SUBCONTRACTORS .......................... ..............................7 SECTION 3 NON - COLLUSION AFFIDAVIT ............................................... .............................10 CBF -12 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT CONTRACT CONTRACT AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20_ by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ( "City ") and [insert Name of Company], a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] ('Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3. 1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project ( "Services "). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. [insert Name of Company] Page 2 of [insert last page number of agreement] 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and [insert Name of Company] Page 3 of [insert last page number of agreement] other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees [insert Name of Company] Page 4 of [insert last page number of agreement] appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No [insert Name of Company] Page 5 of [insert last page number of agreement] further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. [insert Name of Company] Page 6 of [insert last page number of agreement] 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance ' projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under thie Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be [insert Name of Company] Page 7 of [insert last page number of agreement] required to provide such document and other information within fifteen (15) days of the request. 3.5,1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the.party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation [insert Name of Company] Page 8 of [insert last page number of agreement] the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. [insert Name of Company] Page 9 of [insert last page number of agreement] 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and [insert Name of Company] Page 10 of [insert last page number of agreement] authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] [insert Name of Company] Page 11 of [insert last page number of agreement] CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR] By: City Mayor Attest: Gloria Molleda City Clerk Approved as to Form: Garcia Calderon Ruiz LLP City Attorney By:_ Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] M Name: Title: 02/08 Documentl [insert Name of Company] Page 1 of [insert last page number of agreement] INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $ per occurrence. ME [insert Name of Company] Page 2 of [insert last page number of agreement] Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- orbetter and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. D -2 [insert Name of Company] Page 3 of ]insert last page number of agreement] 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial D -3 [insert Name of Company] Page 4 of [insert last page number of agreement] additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. be 13. For purposes of applying insurance coverage only, this Agreement taking any deemed to have been executed immediately upon any party hereto steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other eats io reference waiver of any coverage normally provided by any given policy. to a given coverage feature is for purposes of clarification insured n only limit ng o ai s to a given issue, and is not intended by any party o inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. D -4 [insert Name of Company] Page 5 of [insert last page number of agreement] 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against s no Consultant arising out of the work performed under this agreement. City assume the obligation or liability by such notice, but has the right (but not the duty) to monito handling of any such claim or claims if they are likely to involve City. D -5 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT PERFORMANCE BOND PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee ") has awarded to (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Ramona Boulevard Beautification Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. PERFORMANCE BOND -1 The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this _ day on 20 Principal /Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 STATE OF CALIFORNIA COUNTY OF ss. . On this _ day of in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact Notary Public in and for said State (SEAL) My Commission expires PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND - 4 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT PAYMENT BOND PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Ramona Boulevard Beautification Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (hereinafter the "Public Work Contract "); and WHEREAS, said, Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or- contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and PAYMENT BOND -1 his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact PAYMENT BOND - 2 STATE OF CALIFORNIA ) COUNTY OF ) ss. On this _ day of in the year before me, a Notary Public in and for said state, personally appeared known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. Notary Public in and for said State (SEAL) My Commission Expires PAYMENTBOND -3 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENTBOND -4 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT CONTRACT APPENDIX CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT PART "A" GENERAL CONDITIONS TREE PLANTING PROJECT ON VARIOUS STREETS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ( "Greenbook "), 2006 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications "), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions, that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2002 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans ", it shall mean the Standard Specifications for Public Works Construction ( "Green Book "), 2006 Edition, as previously specified in the above paragraph. GENERAL CONDITIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 -2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD, a charter law city organized and existing in the County of Los Angeles, State of California. Also sometimes referred to as the "City" in the Contract Documents. Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City - The CITY OF ROSEMEAD, a charter law city organized and existing in the County of Los Angeles, State of California. Also referred to as the "Agency' in the Standard Specifications. City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. GENERAL CONDITIONS - 2 Contractor's Representative — Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agents at all reasonable times. Engineer - The Director of Development Services Department of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative' in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and /or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A "), the Supplementary General Conditions (Part °B ") and the Special Provisions (Part °C "). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL CONDITIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK Furnish and install landscape, irrigation and miscellaneous concrete work as specified herein and plans and specifications. 2 -3 SUBCONTRACTS 2 -3.3 Subcontractor Obligations. Section 2 -3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request.by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2 -4 CONTRACT BONDS The following shall be added at the end of Section 2 -4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and /or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." GENERAL CONDITIONS - 4 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. The second full paragraph of Section 2 -5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2 -5.2 Precedence of Contract Documents. The provisions of Section 2 -5.2 of the Standard Specifications shall be revised to read as follows: "in resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2 -5.4 Interpretation of the Plans and Specifications. Section 2 -5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall GENERAL CONDITIONS - 5 request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 2 -7 SUBSURFACE DATA 2 -7.1 Limited Reliance by Contractor. Section 2 -7.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data ", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "2- 7.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "2- 7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2- 7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2 -8 RIGHT -OF -WAY. Section 2 -8 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights -of -way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights -of -way. Those rights -of -way shown on the Plans will be provided by the City at its expense." GENERAL CONDITIONS - 6 2 -9 SURVEYING. 2 -9.2 Survey Service. Section 2 -9.2 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor's Act (Business & Professions Code Section 8700 et sec.), prior to Project acceptance. This work will be the responsibility of the Contractor and shall be at the Contractor's sole cost and expense." 2 -9.4 Line and Grade. Section 2 -9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross - sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2 -10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2 -10 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." GENERAL CONDITIONS - 7 2 -11 INSPECTION. The provisions of Section 2 -11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right -of -way only in the presence of an inspector representing the State. Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." GENERAL CONDITIONS - 8 2 -12 SITE EXAMINATION Section 2 -12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2 -13 FLOW AND ACCEPTANCE OF WATER Section 2 -13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2 -14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2 -14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2 -3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25 %) of the present ownership and /or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL CONDITIONS - 9 SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.1 General. The provisions of Section 3 -2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3 -2.2 Payment. The provisions of Section 3 -2.2 of the Standard Specifications shall be revised to read as follows: "3 -2.2.1 Contract Unit Prices. Section 3 -2.2.1 shall be amended in its entirety to read as follows:" "3- 2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3- 2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3 -3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in GENERAL CONDITIONS - 10 Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3- 2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." 3- 2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract.item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." GENERAL CONDITIONS -11 "The actual costs or charges to be paid by the Owner to the Contractor as provided .in this Section 3 -2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 3 -3 EXTRA WORK 3 -3.1 General. The provisions of Section 3 -3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3 -3.2 Payment. The provisions of Section 3 -3.2 of the Standard Specifications shall be amended as follows: 3 -3.2.1 General. Section 3 -3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3 -3.2.3 Markup. Paragraph (a) of Section 3 -3.2.3 (Work By Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 2) Materials 3) Equipment rental 4) Other items and expenditures 5) Subcontracts (1st tier only) 6) Lower tier subcontractors 24 percent (includes bonding) 15 percent 15 percent 15 percent 5 percent .none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding." GENERAL CONDITIONS -12 3 -6 EXISTING CONDITIONS. Section 3 -6 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." 3 -7 RESOLUTION OF CLAIMS OF $375,00 OR LESS. Section 3 -7 shall be added to the Standard Specifications as follows: Resolution of claims of $375,000 or less shall be processed and resolved pursuant to Public Contract Code Sections 20104 through 20104.8, which provisions are incorporated herein by reference. - END OF SECTION - GENERAL CONDITIONS -13 SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.1 General. Section 4 -1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first -class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4 -1.2 Protection of Work and Materials. The provisions of Section 4 -1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." GENERAL CONDITIONS - 14 "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5 %) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4 -1.4 Test of Materials. The provisions of Section 4 -1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4 -1.6 Trade Names or Equals. The second and third paragraphs of Section 4 -1 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal ". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal' item shall be not less than 35 nor more than 40 calendar days after award of Contract." `The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The GENERAL CONDITIONS - 15 Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4 -1.9 Placing Orders. Section 4 -1.9 shall be added to the Standard Specifications as follows: "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4 -1.10 Removal of Interfering Obstructions. Section 4 -1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4 -1.11 Procedure in Case of Damage to Public Property. Section 4 -1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4 -1.12 Diversion of Recyclable Waste Materials. Section 4 -1.12 shall be added to the Standard Specifications to read as follows: "in support of the Owner =s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL CONDITIONS -16 SECTION 5 UTILITIES 5 -1 LOCATION The provisions of Section 5 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1- 800 -227- 2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5 -2 PROTECTION The provisions of Section 5 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor =s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." GENERAL CONDITIONS - 17 5 -5 DELAYS The provisions of Section 5 -5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances. "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL CONDITIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6 -1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6 -3 SUSPENSION OF WORK. 6 -3.1 General. The provisions of Section 6 -3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, GENERAL CONDITIONS - 19 labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6 -4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6 -4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors GENERAL CONDITIONS - 20 from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6 -8 COMPLETION AND ACCEPTANCE. Section 6 -8 of the Standard Specifications shall be amended in its entirety as follows: 'The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year. after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond GENERAL CONDITIONS - 21 which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100 %) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." GENERAL CONDITIONS - 22 6 -9 LIQUIDATED DAMAGES. Section 6 -9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and /or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 6 -11 TIMES OF OPERATION Section 6 -11 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner - observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL CONDITIONS - 23 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -2 LABOR. 7 -2.2 Laws. The provisions of Section 7 -2.2 of the Standard Specifications shall be amended in their entirety as follows: "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7 -2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7 -2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty -five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker." "7 -2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." GENERAL CONDITIONS - 24 "7 -2.2.5 Non- Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." 7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7 -3 PERMITS. Section 7 -5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special. Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.2 Air Pollution Control. The provisions of Section 7 -8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "in addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7 -8.6 Water Pollution Control. The provisions of Section 7 -8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122 -124, the Porter - Cologne Act (California Water Code), the Waste GENERAL CONDITIONS - 25 Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles and Section 7810 of the Arcadia Municipal Code. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities 7 -8.8 Sound and Vibration Control Requirements. Section 7 -8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.4 Safety. 7- 10.4.1 Safety Orders. Section 7- 10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "in accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7- 10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." GENERAL CONDITIONS - 26 7- 10.4.3 Special Hazardous Substances and Processes. Section 7- 10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7 -11 PATENT FEES OR ROYALTIES. Section 7 -11 of the Standard Specifications shall be amended in its entirety to read as follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7 -13 LAWS TO BE OBSERVED. Section 7 -13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the GENERAL CONDITIONS - 27 obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7 -15 INDEMNIFICATION. Section 7 -15 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7 -16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7-16 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." GENERAL CONDITIONS - 28 - END OF SECTION - GENERAL CONDITIONS - 29 SECTION 9 MEASUREMENT AND PAYMENT 9 -2 LUMP SUM WORK. Section 9 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre - construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9 -3 PAYMENT. 9 -3.1 Payment. The last paragraph of Section 9 -3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Section 7107." Section 9 -3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." GENERAL CONDITIONS - 30 "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid Forms for the various appurtenant items of work." 9 -3.2 Partial and Final Payments. Section 9 -3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et sea." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice; as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL CONDITIONS - 31 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT PART "B" SPECIFICATIONS SECTION 02230 SITE CLEARING PART1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Removal of vegetation, grass, grass roots, shrubs, tree stumps, trees, upturned stumps, weed growth, tree roots, brush, masonry, concrete, rubbish; debris and other objectionable materials, within limits of the Work. 2. Removal of concrete and bituminous surfaces. 3. Removal of existing fences and gates. B. Related Sections: 1. Section 02310: Grading. 2. Section 02316: Excavating, Backfilling and Compacting for Pavement. 1.2 SUBMITTALS A. Shop Drawings: Submit site plan indicating extent of site clearing. 1.3 QUALITY ASSURANCE A. Comply with Standard Specifications for Public Works Construction, current edition, as a minimum requirement. 1.4 JOB CONDITIONS A. Condition of Premises: Accept the premises as found and clear the Project site as specified. B. Protection: C. Existing Vegetation. Protect from damage individual trees, groups of trees, shrubbery, lawns and other vegetation designated to remain which are damaged or destroyed. Replace at Contractor's expense items damaged or destroyed with like items in sizes and quantity of the damaged or destroyed material. Assessment of material value shall be established by City of Rosemead's Representative. D. Protect existing utilities. E. Provide barricades and guards as required to protect trees and existing improvements. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 CONCRETE AND BITUMINOUS SURFACING REMOVAL RAMONA BOULEVARD SITE CLEARING ROSEMEAD, CALIFORNIA 02230 -1 A. Break up and completely remove existing concrete surfacing, curbs, gutters, walks and bituminous surfacing to indicated limits. Cutting shall be performed to a neat and even line with proper tools or a concrete cutting saw. Minimum depth of cut shall be 1 -1/2 inches, unless otherwise indicated. Remove concrete broken beyond the indicated limits to the nearest joint or score line and replace with new concrete to match existing. 1. No water used in saw cutting shall be allowed to enter the storm drain system. 3.2 CLEARING AND GRUBBING OF LANDSCAPE A. Clearing. Fell trees, dispose of the trees and other vegetation designated for removal, together with the downed timber, snags, brush and rubbish, occurring within the construction limits. Trim individual trees and groups of trees designated to remain within the cleared areas of all dead branches and of all live branches to such heights and in such manner as are indicated on the Drawings or approved by City of Rosemead's Representative. All limbs, branches and roots damaged during construction, together with those required to be trimmed, shall be neatly cut next to the bole of the tree or main branch or root. Cuts more than 1 inch in diameter thus made and any injury to the tree trunk or main branches shall be immediately painted with tree wound paint. B. Grubbing. Remove and dispose of all stumps, all matted roots and all roots larger than 3 inches in diameter in all construction areas, in all cut areas and in all other areas having less than 2 feet of fill. C. Removal. All cleared and grubbed materials shall be promptly removed completely away from the Project site. Do not store or permit debris to accumulate on the Project site. D. Do not burn materials or debris on the premises. 3.2 CLEANUP A. Remove rubbish, debris and waste materials and legally dispose of off the Project site. END OF SECTION 02230 RAMONA BOULEVARD SITE CLEARING ROSEMEAD, CALIFORNIA 02230 -2 SECTION 02316 EXCAVATING, BACKFILLING AND COMPACTING FOR PAVEMENT PART GENERAL 1.1 SUMMARY A. Provisions of Division 01 apply to this section. B. Section Includes: 1. Excavating, backfill, and compacting for paved areas. 2. Installation of fill materials. C. Related Sections: 1. Section 02230: Site Clearing. 2. Section 02310: Grading. 3. Section 02520: Site Concrete Work. 1.2 SYSTEM DESCRIPTION A. Import and Export of Earth Materials: 1. Fees: Pay as required by authorities having jurisdiction over the area. 2. Bonds: Post as required by authorities having jurisdiction over the area. 3. Haul Routes and Restrictions: Comply with requirements of authorities having jurisdiction over the area. 1.3 SUBMITTALS A. Imported Soils: A geotechnical engineer, retained by the Owner as a Owner Consultant, shall obtain initial product Sample for testing in accordance with the terms of sub - section 3.5 of this section. 1.4 QUALITY ASSURANCE A. Comply with Standard Specifications for Public Works Construction, current edition, except as modified herein. B. Sampling, testing, and certification of imported and /or exported soils shall be performed in accordance with Section 01440. 1.5 PROJECT CONDITIONS A. Information on Drawings or in soils report does not constitute a guarantee of accuracy or uniformity of soil conditions over the Project site. RAMONA BOULEVARD EXCAVATING, BACKFILLING AND COMPACTING ROSEMEAD, CALIFORNIA FOR PAVEMENT 02316 -1 C. A copy of the foundation investigation and soils report is available for examination at the City of Rosemead office during regular office hours of City operation. See Document 00222 found herewith. PART PRODUCTS 2.1 BASE MATERIALS A. Concrete Slabs On Grade: Provide "Crushed Aggregate Base " as specified in the Standard Specifications for Public Works Construction, Section 200: 'Rock Materials," with 'K inch maximum size aggregates. Provide 3 inch thick base, unless noted otherwise. 2.2 FILL AND BACKFILL MATERIALS A. Fill and backfill materials shall be previously excavated materials or imported fill material, free of clods and stones larger than 3 inches, foreign materials, vegetable growths, sod, expansive soils, rubbish and debris. Material shall conform to these specified requirements and related sections. B. Fill material exhibiting a wide variation in consistency and /or moisture content shall be blended and /or aerated to stabilize and upgrade the material. C. Imported Fill Material: 1. Provide suitable materials obtained from Project site excavations for earthwork and fill materials. If excavated materials are not of suitable quality or sufficient quantity, import additional materials as necessary. 2. Imported fill shall be a granular material with sufficient binder to form a firm and stable unyielding subgrade and shall not have more than 15 percent of fines passing 200 mesh sieve. Material shall have a coefficient of expansion of not more than 2 percent from air dry to optimum moisture content and not more than 6 percent from air dry to saturation. Imported material shall be clean and free of rubbish, debris, and toxic or hazardous contaminants. Adobe or clay soils are not permitted. D. Other Fill Materials: Brick rubble and broken concrete originating from the Project site may be legally disposed of off the Project site or incorporated in fill, if reviewed by a geotechnical engineer, retained by the Owner as an Owner Consultant.. Unless otherwise required, no such materials may be imported from outside the Project site. PART 3 EXECUTION 3.1 PROTECTION A. Protect and guard excavations against danger to life, limb, and property as required by, but not limited to, OSHA regulations. B. Protect adjacent existing improvements including landscaping against damage. 3.2 EXISTING UTILITY LINES A. Protect existing utility lines from damage or displacement. RAMONA BOULEVARD EXCAVATING, BACKFILLING AND COMPACTING ROSEMEAD, CALIFORNIA FOR PAVEMENT 02316 -2 B. Remove conduits or pipes not in service, exposed during Work, unless a minimum cover of 2 feet is provided. Remove concrete, clay or other non - metallic pipe over 8 inches in diameter, unless otherwise indicated. 3.3 EXCAVATION A. Unclassified Excavations: Comply with the Standard Specifications for Public Works Construction, Section 300: "Earthwork;' except as modified herein. 3.4 FILL A. Unclassified Fill and Compaction: Comply with the Standard Specifications for Public Works Construction, Section 300: "Earthwork," except as modified herein. B. Provide fill materials as specified in Part 2 — Products. If excavated materials from the Project site are not of required quality or sufficient quantity, import additional materials as necessary. C. In addition to the requirements of this section, import and /or exported materials shall comply with the requirements of Section 01440. D. Imported fill materials shall be sampled by a geotechnical engineer, retained by the Owner as an Owner Consultant, for compliance with the requirements of Part 2 of this section. E. The geotechnical engineer, retained by the Owner as an Owner Consultant, shall submit all samples to an approved independent approved testing laboratory for testing. F. Initial sampling shall be performed by the geotechnical engineer, retained by the Owner as an Owner Consultant, before importing material to the Project site. Identify the location of the source site in addition to the address, name of the person and /or entity responsible for the source site. The geotechnical engineer, retained by the Owner as an Owner Consultant, shall obtain both the initial and additional samples from the identified site and shall submit all samples to the approved independent testing laboratory for testing. G. The geotechnical engineer, retained by the Owner as an Owner Consultant, shall perform additional sampling during import operations. If the total quantity of import is determined to be greater than 1000 cubic yards of material, one sample shall be obtained and submitted for testing tested for each 250 cubic yards of imported material. If the total quantity of import is determined to be less than 1000 yards, one sample shall be obtained and submitted for testing for each 100 cubic yards of imported material. H. The independent approved testing laboratory shall perform the required tests and report results of all tests noting if the tested material passed or failed such tests and shall furnish copies to the Inspector, Architect, Owner, Contractor, and others as required. Report shall state tests were conducted under the responsible charge of a licensed State of California professional engineer and the material was tested in accordance with applicable provisions of the Contract Documents, Title 24, CCR. Upon completion of the Work of this section, the independent testing laboratory and geotechnical engineer shall submit a verified report to the Owner as required by Title 24, CCR. I. Bills of lading or equivalent documentation will be submitted to the Inspector on a daily basis. RAMONA BOULEVARD EXCAVATING, BACKFILLING AND COMPACTING ROSEMEAD, CALIFORNIA FOR PAVEMENT 02316 -3 J. Upon completion of import operations, provide the Owner a certification statement attesting that all imported material has been obtained from the identified source site. 3.5 INSTALLATION OF MATERIALS A. Fill or backfill materials shall be installed in horizontal layers of 4 to 6 inches, unless otherwise required. Each layer shall be evenly placed and moistened or aerated as necessary. Unless otherwise reviewed by the geotechnical engineer, retained by the Owner as an Owner Consultant, each layer of fill material shall cover the length and width of the area to be filled before the next layer of material is installed. Top surface of each layer shall be installed to an approximate level with a crown or crossfall of at least 1 in 50, but no more than 1 in 20. Provide adequate drainage at all times during construction of the Work of this section. 3.6 COMPACTING A. Each layer of fill material shall be compacted by tamping, sheepsfoot rollers, or pneumatic -tired rollers to provide specified relative compaction. At inaccessible locations, provide specified compaction by manually held, operated and directed compaction equipment. B. Unless otherwise indicated, compact each layer of earth fill to a relative compaction of at least 90 percent. C. When fill materials, or a combination of fill materials, are encountered or provided which develop densely packed surfaces as a result of installation or compacting operations, scarify each compacted layer before installing the next succeeding layer. 3.7 INSPECTION AND TESTING A. The geotechnical engineer, retained by the Owner as an Owner Consultant, will inspect and test excavations, sample material quality as required in Part 2, and observe installation and compaction of fill materials. The geotechnical engineer, retained by the Owner as an Owner Consultant, will sample imported fill materials from their designated source before delivery to the Project site. C. Installation of backfill shall be observed by the geotechnical engineer, retained by the Owner as an Owner Consultant. D. The geotechnical engineer, retained by the Owner as an Owner Consultant, will inspect and test excavation Work before the installation of fill and /or other materials. E. Compaction: Test compaction in accordance with ASTM D 1557, Method C. 3.8 PROTECTION A. Protect the Work of this section until Substantial Completion. 3.9 CLEANING A. Remove rubbish, debris, and waste materials and legally dispose of off the Project site END OF SECTION 02316 RAMONA BOULEVARD EXCAVATING, BACKFILLING AND COMPACTING ROSEMEAD, CALIFORNIA FOR PAVEMENT 02316 -4 SECTION 02310 GRADING PART1 GENERAL 1.1 SUMMARY A. Provisions of Division 01 apply to this section. B. Section Includes: 1. General exterior grading, cutting and filling, including grading for building area, paving, planting areas, banks and hillsides. C. Related Sections: 1. Section 02230: Site Clearing. 2. Section 02316: Excavating, Backfilling and Compacting for Pavement. 3. Section 02520: Site Concrete Work. 1.2 SYSTEM DESCRIPTION A. General: 1. Fees: Pay as required by authorities having jurisdiction over the area. 2. Bonds: Post as required by authorities having jurisdiction over the area. 3. Haul Routes and Restrictions: Comply with requirements of authorities having jurisdiction over the area. 4. Before grading, contact Underground Service Alert of Southern California (USASC) for information on buried utilities and pipelines. PART PRODUCTS 2.1 MATERIALS A. Materials shall conform to requirements specified in this and related sections. PART 3 EXECUTION 3.1 PREPARATION A. Protect and maintain installed stakes until their removal is required for the Work. Provide replacement grade or location stakes lost or disturbed. B. Install grade stakes and compare to indicated grades. If discrepancies are found between existing grades and grades indicated on Drawings, do not proceed until discrepancies are resolved. RAMONA BOULEVARD GRADING ROSEMEAD, CALIFORNIA 02310 -1 3.2 ROUGH AND FINE GRADING A. Rough grade area sufficiently high to require cutting by fine grading: 1. Grade area for bituminous surfacing and other paving to the indicated grades, equal to the section of the indicated base and pavement. 2. Slope banks to required finish grades as cut progresses or leave cuts full and finish grade by mechanical equipment to provide grades and soil densities indicated on the Drawings. 3. Rough grade, fill and compact banks beyond indicated finish grades. Finish grade banks and slopes to indicated grades and specified soil densities. 4._ Grade Only Areas: In areas not indicated to receive pavement, rough grade to approximate finish grades and then scarify, moisten and roll to obtain required density and indicated finish grades. 5. Tolerances: Finish grades shall be within a tolerance of 0.05 inch per foot above or below grades indicated. Provide an average grade as indicated. B. Base or Subgrade: 1. After subgrade has been constructed to approximate required grades, scarify to a depth of at least 6 to 8 inches: a. After scarifying, process loosened material to a finely divided condition and adjust moisture content to optimum condition by addition of water, addition and blending of dry suitable material, or by drying of existing material. b. Subgrade material shall be compacted by tamping, sheepsfoot rollers or pneumatic tire rollers. Required relative compaction shall be 90 percent minimum for the top 6 to 8 inches below subgrade. C. Install base course in accordance with Section 02319: Base Course. 2. Tolerance of completed grades of base or subgrade shall not vary more than 0.03 inch per foot from grades indicated. Provide an average grade as indicated. 3.3 SHORING A. Provide shoring as necessary to properly and safely support earth sides of excavations, and existing curbs, sidewalks, gutter, drives and stairs, against movement and collapse. B. Design and Calculations: Provide in accordance with requirement of governing California Building Code and Safety Orders of State of California, Division of Industrial Safety; Title 8, Subchapter 4, Article 6, Sections 1530 and 1541. C. Remove shoring upon completion of the Work of this section or when no longer needed unless required otherwise by authorities having jurisdiction. 3.4 EXCESS MATERIAL DISPOSAL A. Remove rubbish, debris, and waste materials and legally dispose of off the Project site. RAMONA BOULEVARD GRADING ROSEMEAD, CALIFORNIA 02310 -2 3.5 PROTECTION A. Protect the Work of this section until Substantial Completion. 3.6 SOILS ENGINEER A. All cut and fill work shall be conducted in conjunction with the services and observations of the Soils Engineer and in compliance with the requirements of the Soils Report for this project. See Sections 02316, 02317, 02318, and 02319 for more specific information. END OF SECTION 02310 RAMONA BOULEVARD GRADING ROSEMEAD, CALIFORNIA 02310 -3 SECTION 02520 SITE CONCRETE WORK 1.1 SUMMARY. A. Section Includes: Furnish and install site concrete as indicated on the drawings and specified including curbs, ramps, gutters, walks, driveway aprons, and pavement, as indicated, specified, and required. B. Related Sections: 1. Section 02319: Base Course. 2. Section 02620: Site Concrete Work: Sidewalks, Curbs & Gutters, etc. 3. Section 03100: Concrete Formwork. 4. Section 03200: Concrete Reinforcement. 5. Section 03300: Cast -in -Place Concrete. 02310: Grading 2. Section 02316: Excavating. Backfilling and Compacting for Pavement 1.2 SUBMITTALS A. Shop Drawings: Submit plans, elevations and details of reinforcement for concrete site Work. B. Product Data: Submit mix designs and manufacturer's technical data for materials and products. C. Site Samples: Prepare following samples at the site, cast in the directed locations and orientations. Prepare as many samples of each type of concrete as are required for approval. Remove samples from the site when no longer needed and removal is approved. Approved samples may be part of permanent construction if meeting all other requirements shown and specified and are so approved. 1.3 QUALITY ASSURANCE A. Comply with Standard Specifications For Public Works Construction. PART2 PRODUCTS 2.1 MATERIALS A. Concrete, Mortar and Related Materials: Comply with applicable provisions of Standard Specifications for Public Works Construction, Section 201 - Concrete, Mortar and Related Materials: 1. Concrete: 28 -day compressive strength 2,500 psi, unless specified otherwise. RAMONA BOULEVARD SITE CONCRETE WORK ROSEMEAD. CALIFORNIA 02520-1 2. Reinforcing Mesh: ASTM A -185, 4x4/W1.4 x WI A welded wire mesh. 3. Expansion and Control Joints: a. Curbs and gutters: Asphalt impregnated fiver filler material, 1 /2 " thick. b. Expansion joint filler: Sikaflex -1a by Sika Corporation or approved equal. B. Form Materials: 1. Side forms: Douglas fir, Construction Grade or Better or metal forms. 2. Stakes: Douglas fir, Construction Grade or Better or metal stakes. PART 3 EXECUTION 3.1 ON -SITE CONCRETE WORK: A. Construct all site concrete of 2,500 PSI concrete unless otherwise indicated or specified. Provide reinforcing bars or mesh where indicated. Form accurately to profiles shown, using wood, metal or plastic forms as approved. Place and handle concrete in manner that will avoid segregation of ingredients. Refer to Section 03300 for additional requirements. 3.2 SUBGRADE PREPARATION: Refer to Section 02200 A. General: Conform to PWC Spec. Subsections 301 -1.2 through 301 - 1.4, inclusive, performed under the supervision of the Soils Engineer. B. Maintenance of subgrade: The subgrade shall be maintained in a smooth, compacted condition, in conformity with the required section and established grade until the concrete is placed. 3.3 CONCRETE SLABS, PADS, WALKS, CURBS, CURBS AND GUTTERS, GUTTERS, SWALES AND OTHER EXTERIOR CONCRETE FLATWORK: A. Form Setting: Conform to PWC Spec. Subsection 303 - 5.2.1. Concrete surfaces, where left exposed, shall be formed on all sides with plywood with taped joints to give a smooth, uniform straight finish. B. Reinforcing steel shall be securely tied in place. Do not use bars with kinks or bends not shown on drawings. Reinforcing steel shall be clean, free from rust, oil, scale, or any foreign material. Place all reinforcing as detailed and comply with typical detail for bends, splices, clearance, etc., and with requirements of the Uniform Building Code. C. Placing Concrete: Conform to PWC Spec. Subsection 303 -5.3 and Section 03300. D. Expansion Joints: 1. Concrete Curbs: Provide 1/2" thick expansion joints at beginning and at end of curves, intersections, and 20 -foot intervals between, set plumb, square, and to same profile as the curbs. Edge curb tops to 1/2" radius and vertical joints to 1/4" radius. 2. Concrete Gutters: Provide 1/2" thick expansion joints as above for curbs. RAMONA BOULEVARD SITE CONCRETE WORK ROSEMEAD. CALIFORNIA 02520-2 3. Combination Curb and Gutter: As above for curbs and gutters, including expansion joints. 4. Concrete Paving: Provide 3/8" expansion joints as specified for curbs and where walks abut rigid structures, aligned with joints in curbs where adjoining. Provide expansion joints at 20 foot intervals in concrete paving or as shown on plans. 5. Install Sikaflex -1 a per manufacturer's specifications. Finish with washed concrete sand before Sikaflex -1a has fully hardened. E. Control Joints: As shown on site plan. Control joints shall be a formed joint on walks. Tops of joints shall be installed flush with the concrete surface. Depth of joint shall be a minimum of 1/4 the thickness of slab. Use control joints on all curbs, curbs and gutters, and cross gutters at maximum intervals of 20 feet on center. Sawed joints may be used in lieu of the above with a V- segment crack chaser diamond blade from MK or approved equal. F. Concrete Ramps: Construct pedestrian and disabled ramps of profile indicated. Excavate below bottoms of ramps to allow for full thickness of concrete throughout. Do not feather the concrete unless specifically indicated. Reinforce with No. 3 bars or mesh. Provide smooth transitions between ramps and adjoining surfaces. Provide uniform slopes throughout. Provide grooved pavement as detailed. 3.4 FINISHES: A. New Pavement and paving: Finish and color per plan. Score walks in direction and pattern indicated on plans. B. Gutters: 'Light broom finish with 3 inch wide steel trowel finish at flowlines. C. Curbs: Steel trowel finish, followed by fine hairbrush finish. 3.5 CURING: A. Concrete work shall be properly cured and protected against injury and defacement of any nature during construction operations. If weather is hot or surface has dried out, spray surface with fine mist of water, starting not later than 2 hours after final troweling. Surface of finish shall be kept continuously wet for at least 10 days. Wetting is considered emergency work and shall be performed on weekends and holidays if necessary as arranged by city. B. In lieu of water curing, within 24 hours after finishing, the concrete which is not to receive special finishes, may be cured with an approved clear liquid curing compound, applied in accordance with the manufacturer's recommendations. 3.6 BACKFILLING: A. After curing, debris shall be removed and the area adjoining the work shall be backfilled, graded, and compacted to conform to the surrounding area in accordance with lines and grades indicated. 17 PROTECTION: A. Completed work shall be protected from damage until accepted. The Contractor shall remove damaged concrete and clean concrete discolored during construction. Work that RAMONA BOULEVARD SITE CONCRETE WORK ROSEMEAD, CALIFORNIA 02520-3 is damaged shall be removed and reconstructed for the entire length between regularly scheduled joints at no expense to the owner. Refinishing the damaged portion will not be acceptable. Removed damaged portions shall be disposed of as directed. 3.8 REMOVAL OF FORMS: A. Do not remove forms until the concrete has attained adequate strength to prevent damage. Take extreme care in stripping to avoid breaking off corners, marking concrete or defacing the finish surface in any way. 3.9 CLEANING AND PATCHING: A. After stripping forms, clean all exposed concrete surfaces and all adjoining work stained by leakage of concrete. Remove all fins, burrs, and projections by grinding. Patch all voids, rock pockets, holes, cracks, etc., by chipping loose concrete and exposing clean sound aggregate. After inspection, dampen prepared recesses for 2 hours minimum and fill with drypack to within 1/4" of surface. Keep drypack damp for 2 days minimum. 3.10 FLOOD TEST: A. All concrete gutters and concrete pavement shall be given a flood test. All concrete work where water ponds and does not run off in a reasonable amount of time, shall be removed to the nearest score or joint line and replaced to provide proper drainage. 3.11 DEFECTIVE CONCRETE A. If concrete tests indicate that the strengths do not meet those specified, or if concrete has excessive pockets, or if reinforcing steel is exposed, or if concrete does not comply with the drawings and specifications, the defective concrete shall be removed and replaced as directed. B. Concrete paving that shows evidence of cracking prior to completion of the project or during the 90 -day maintenance period shall be replaced at no cost to the Owner. Such replacement shall include the entire panel of concrete in which the cracking occurs, to the nearest expansion or control joints, as approved. END OF SECTION 02522 RAMONA BOULEVARD SITE CONCRETE WORK ROSEMEAD, CALIFORNIA 02520-4 SECTION 02810 LANDSCAPE IRRIGATION PART GENERAL 1.1 DESCRIPTION A. The work required under this Section consists of furnishing all labor materials, equipment, services and related items necessary to complete all irrigation system work, and all related work, complete as indicated on the drawings or specified herein. B. The major items of work include, but are not limited to the following: 1. Verify underground utility locations. 2. Removal, protection and /or restoration of all existing improvements. 3. Trenching and backfilling. 4. Furnishing and installing a fully operational automatically controlled irrigation system, including all mains, laterals, fittings, quick coupling valves, gate valves, and drain valves, backflow preventer, etc. 5. Testing of system and making it operative. 1.2 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02230 — Site Clearing B. Section 02900 — Landscaping C. Section 02920 — Maintenance 1.3 REFERENCE SPECIFICATIONS AND STANDARDS City of Rosemead Plumbing Ordinance. 0.3 QUALITY ASSURANCE & REQUIREMENTS System Performance. 1. Minimum Water Coverage: Not less than 100 percent of shrub, ground cover and planting areas. Comply with requirements of utility supplying water for prevention of backflow and backsiphonage. Comply with requirements of authority with jurisdiction for irrigation systems. Electrical wiring, controls, and devices shall be Underwriters Laboratories listed, and labeled U.L. Permits and Fees: The Contractor shall obtain and pay for any and all permits, observations and inspections as required. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -1 Manufacturer's Directions: Follow manufacturer's directions and detailed drawings in all cases when the manufacturers of products used in this contract furnish directions covering points not included in the drawings and specifications. Ordinances and Regulations: All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed as conflicting with any such rules and regulations, or the requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above - mentioned rules and regulations, the provisions of these specifications and drawings shall take precedence. Installer Qualifications: Installer with 5 years irrigation systems similar in material, design, Boulevard that has resulted in construction performance. Explanation of Drawings. minimum experience who has completed and extent to that indicated for Ramona with a record of successful in- service Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finish conditions affecting all of this work and plan work accordingly, furnishing such offsets, fittings, sleeves, etc., as may be required to meet site conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The Contractor shall install the work in such a manner as to avoid conflicts between irrigation systems, planting, other utilities and architectural features. 2. The term "City of Rosemead" as used herein refers to the City of Rosemead authorized representative. 3. The Contractor shall furnish and install all work called for on the drawings by notes or details whether or not specifically mentioned in the specifications. 4. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be broughtto the attention of the City of Rosemead. In the event this notification is not performed, the irrigation contractor shall assume the full responsibility for any revision necessary. 5. Do not purchase or install materials as noted in legend on drawing when it is obvious there is an oversight or discrepancy. Failure to obtain prior material approval may result in rejection by the City of Rosemead. The Contractor will be responsible for any revisions necessary due to his failure to bring material discrepancies to the attention of City of Rosemead, or failure to comply with material submittals. 6. The Contractor shall coordinate as necessary the work of this Section which is allied with the work of other trades. 7. It is the intent of the drawings and specifications to describe a complete irrigation system providing uniform water coverage. If the plans or specifications appear in anyway to be incomplete, misleading, conflicting, or subject to misinterpretation, it is the Contractor's responsibility to bring these concerns to the City of Rosemead's attention before bidding. If the Contractor fails to do so, the Contractor must accept RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -2 the City of Rosemead's interpretation and any potential related financial impact that may occur. 1.5 SUBMITTALS A. Material List. 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. Substitution is allowed only with prior written approval of the City of Rosemead. 2. Within twenty (20) days afteraward of contract, the Contractorshall submit complete manufacturer's technical data and installation instructions material list to the City of Rosemead. The Contractor shall commence no work before receiving a statement of acceptance of irrigation material submittal. Material list shall include the manufacturer name, model number and description of all proposed materials and equipment. Specific product data also includes pressure rating, rated capacity, settings, and electrical data of selected models for the following: I. Water meters and backflow preventers, including test equipment and protective enclosure i. Pressure regulators and valves, including general -duty, underground, manual and automatic control, check, gate, and quick - coupler types I. Valve box L Drippers, drip tubes, and devices I. Wiring, solenoid, and controller, including controller wiring diagrams and controller protective enclosure i. Pipe and fitting, including primer, solvent cement, and tracer /warning tape 3. Equipment or materials installed or furnished without prior approval of the City of Rosemead may be rejected and the Contractor required to remove such materials from the site at the Contractor's own expense. 4. Approval of any item, alternate, or substitute indicates only that the product or products apparently meetthe requirements of the drawings and specifications on the basis of the information or samples submitted. 5. Manufacturers warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Record and As -Built Drawings, 1. The Contractor shall provide and maintain an up -to -date and complete set of project record documents, in the form of a set of blueline and blackline prints). These documents shall be updates daily and shall show all changes from the original drawings and specifications, as well as exact "as- built" locations, sizes and types of equipment. The equipment is to include water meter, backflow preventers, valve boxes, valves, piping, irrigation devices, accessories, controls, and wirings. The Contractor shall keep this set of drawings on site and use them only as a record set. 2. These drawings shall also serve as work progress prints and shall be the basis for RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -3 measurement and payment for work completed. Drawings must be available at all times for site reviews, in a location designated by the City of Rosemead. Should the record blueline or blackline progress prints be unavailable for review or fail to be up- to -date at the time of any site reviews, it will be assumed no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the City of Rosemead. No other inspections will take place until payment of that assessment. 3. The Contractor shall make neat and legible notations daily on the record progress prints as the work proceeds, showing the work as actually installed. Should equipment location differfrom plan, the Contractor must indicate the new location in a graphic manner, matching the original symbols in the irrigation legend. The relocated equipment and the dimensions will then be transferred to the original as- built plan at the proper time. 4. Before the final site inspection, the Contractor shall transfer all information from the as -built record prints to a final "as- built" plan. The "as- built' plan shall be submitted to the City of Rosemead for approval prior to the making of the controller chart. 5. The Contractor shall dimension the following locations from two permanent points of reference (building corners, sidewalks, road intersections, etc.): a. Connection to existing water lines b. Connection to solar power supply C. Connection of all buried pipe d. Gate and ball valves e. Pressure line routing and directional turns (dimension maximum 100 feet along routing). f. Automatic controller g. Irrigation control valves h. Remote control valves i. Control wire routing and pilot wires to valves j. Quick coupling valves k. Backflow prevention units I. Tracer wires (main line routing) M Irrigation water meters o. Other related equipment as directed by the City of Rosemead. 6. On or before the date of the final site review, the Contractor shall deliver the updated and completed reproducible drawings to the City of Rosemead. Delivery of these drawings does not relieve the Contractor of responsibility forfurnishing any required information that may have been omitted from the prints. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -4 C. Controller Charts. 1. As -built record drawings must be approved by the City of Rosemead before controller charts are prepared. 2. The Contractor shall provide two controller charts for each controller installed. 3. The chart shall show control wire locations and the area controlled by the automatic controller, and shall be the maximum size that the controller door will allow. 4. The chart shall be based on the record drawing, and shall be a half size photocopy or black line print. Chart shall have a different color used to show area of coverage for each station (hydrozone). However, in the event that the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. 5. When completed and approved, hermetically seal the chart between two pieces of plastic (thickness of each piece being minimum 20 mils). Place a 3/4 inch brass grommet at each top corner. 6. These charts must be completed and approved prior to final acceptance of the irrigation system. Installation will not be accepted without charts. 7. Upon approval, the two controller charts will be placed inside each controller. D. Operation and Maintenance Manuals. 1. Prepare and deliver to the City of Rosemead within ten (10) calendar days prior to completion of construction two hardcover, three -ring binders containing all required and necessary descriptive material. The manual shall describe the material installed and shall be in sufficient detail to permit the operation personnel to understand, operate and maintain all equipment. Each complete manual shall include the following information: a. Index sheet stating Contractor's address and telephone number b. List of equipment with names, addresses, and telephone numbers of local manufacturer representatives. C. Catalog and parts sheets regarding all material and equipment installed under this contract d. Duration of guaranty period and warranty statement e. Complete operating and maintenance instruction on all major equipment 2. In addition to the above - mentioned maintenance manuals, instruct City of Rosemead's maintenance personnel regarding operation of major equipment and show written evidence to the City of Rosemead at the conclusion of the project that this service has been rendered. E. Permits and Inspections. 0. Obtain and pay for all permits and inspections required. Deliver all certifications of inspection to the City of Rosemead. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -5 F lei Make arrangements for water and electric utilities and pay for main extensions, service piping, meters and any other charges imposed by the serving utility companies, prior to rendering service. Equipment to be Furnished. 1. The Contractor shall supply as part of this contract the following tools: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of valve supplied on this project. b. Two (2) five foot valve keys for operation of gate valves. C. Two (2) keys for each automatic controller.. d. One (1) quick coupler key and matching hose swivel for every five (5) or fraction thereof of each type of quick coupling valve installed. 2. The Contractor shall turn over this equipment to City of Rosemead at the conclusion of the project. Before final acceptance can occur, written evidence that City of Rosemead has received materials must be shown to the City of Rosemead. 1.6 PROJECT CONDITIONS' Perform site survey, research public utility records, and verify existing utility locations. Verify that irrigation system piping may be installed in compliance with referenced standards. Site Information: Data on indicated subsurface conditions is not intended as representations or warranties of continuity of such conditions. It is expressly understood that City of Rosemead will not be responsible for interpretations or conclusions drawn there from by Contractor. Data are made available for convenience of Contractor and are not guaranteed to represent conditions that may be encountered. Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, if required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. Coordinate with landscape contractor to activate system to provide for plants needs during installation as required. 1.7 RESTRICTIONS TO THE WORK Project on site with existing landscape, irrigation, and capital facilities. It is required that the adjacent facility continue in normal operation during the period of the contract. The Contractor shall, therefore, conduct his work with a minimum of disturbance or interference, and in such a manner as not to restrict or obstruct entrances, exits, walks and roads or disrupt electrical service, water service, and other services or utilities to the existing facility. The Contractor shall provide and maintain accepted temporary connections, lines and services to the facility as directed. Contractor shall be responsible to coordinate all work with the City of Rosemead. 1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -6 PVC pipe and fittings. Transport PVC pipe in a vehicle which allows the length of pipe to lie flat, to avoid undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged must be discarded or, if installed, must be rep laced with new piping. B. The Contractor shall cover any pipe stored outdoors to protect it from sunlight. 1.9 SUBSTITUTIONS A. To request substitution of any equipment or material in lieu of equipment or material listed on the irrigation drawings and in the specifications, the Contractor must provide the following information to the City of Rosemead for approval: 1. Statement indicating the reason for making the substitution, using a separate sheet of paper for each requested substitution. 2. Descriptive catalog literature, performance charts (if available), and flow charts for each requested substitution. 3. Hydraulic calculations for proposed substitution, as applicable. 4. Itemized list of proposed substitution(s), noting difference in material and labor costs between substitution and item originally specified. 5. Written confirmation that City of Rosemead has received any credit resulting from approved substitution *(with a copy sent to City of Rosemead) B. Approval of any substitution or alternate will be based on information and /or samples provided by the Contractor. C. Responsibility for the total performance of any substitution to equal or surpass the item originally specified in every respect rests with the Contractor. D. If the City of Rosemead determines the substitution has proven to be unsatisfactory, it shall be removed and replaced with the originally specified item as part of the work of this contract (both materials and labor). E. The City of Rosemead shall be solely responsible for accepting or rejecting any substitution as equal to equipment and materials listed on the irrigation drawings and in the specifications. 1 GUARANTEE A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions to these specifications shall be filed with the City of Rosemead or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the operations and maintenance manual. C. The guarantee form shall be re -typed onto the Contractor's letterhead and contain the following information: D. GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -7 0 the drawings and specifications, ordinary wear and tear and unusual abuse or neglect excepted. We agree to repair or replace any defects in material and workmanship which may develop during the period of one year from date of acceptance and also repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City of Rosemead. We shall make such repairs or replacements within five days, after receipt of written notice. In the event of our failure to make such repairs or replacement within a reasonable time after receipt of written notice from the City of Rosemead, we authorize the City of Rosemead to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: Ramona Boulevard Beautification Project # 2009 -01 LOCATION: City of Rosemead, California 47 11 Schaefef Avenue, Chino CA 91710 PHONE: 909- 628 -3005 DATE OF ACCEPTANCE: 1 /26/09 1.12 CONFERENCE PRIOR TO COMMENCEMENT OF WORK A. Immediately upon awarding of contract, and prior to commencing work, the Contractor shall confer with the City of Rosemead regarding the general details of the work involved in this contract. PART PRODUCTS 2.1 MATERIALS A. General: 1. Provide piping materials and factory- fabricated piping products of sizes, types, pressure ratings and capacities as indicated. Where not indicated, provide proper selection as determine by Installer to comply with installation requirements. 2. All materials throughout the system shall be new and in perfect condition. Unless otherwise noted on plans, each respective item shall be from the same manufacturer for all items of one (1) type, or approved equals. 1. PVC Pressure Main Line Pipe and Fittings. Pressure main line piping for sizes 2 -1/2 and smaller shall be PVS Schedule 40 with solvent welded joints. Piping for sizes 3" and larger shall beAWWA C900. Pipe shall be made from NSF approved Type I, Grade I PVS compound conforming to ASTM resin specification D1785. All pipe must meet requirements as set forth in Federal Specification PS- 21 -70. Pipe homogeneous throughout, free from visible cracks, holes or foreign materials. The pipe shall be free from blisters, dents, wrinkles or ripples, die and heat marks. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -8 PVC solvent -weld fittings and elbows shall be Schedule 80, 1 -2, II -1 NSF approved conforming to ASTM test procedure D2466. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installations methods prescribed by the pipe manufacturer. No clear primer may be used. Supplier shall be responsible to certify that manufactured pipe and fittings meets the stated levels of quality. All PVC pipe and fittings must bear the following continuous and permanent markings: 0) Manufacturer's name or trademark 0) Material designation 0) Nominal pipe size and applicable IPS schedule 0) Manufacturer's lot number 0) Schedule or class 0) ASTM qualifying designation 0) Pressure rating in PSI 0) NSF (National Sanitation Foundation) approval 0) Date of extrusion Testing of pipe. The contractor shall show written certification by supplier that polyvinyl chloride pipe has successfully passed the following tests: 0) Acetone text. Immerse a sample of pipe in 99% pure anhydrous acetone for 15 minutes; at the end of this time there should be no evidence of flaking or delamination on the inner or outer walls of the pipe. Evidence of softening and swelling shall not constitute failure. 0) Flattening. Cut a test specimen two inches long from each end of the pipe sample. Flatten each test specimen between parallel plates of a press until the distance between the plates, in inches, is equal to sixty (60) percent of the pipe o.d., and there shall be no evidence of cracking, splitting or breaking. 2. PVC Non - Pressure Lateral Line Piping. Non- pressure buried lateral line piping shall be PVC Schedule 40 with solvent - weld joints. Pipe shall be made from NSF approved, Type I, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal specification PS -22 -70 with an appropriate standard dimension ratio. Except as noted in paragraph 1, all requirements for non - pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in section A of these specifications. 3. PVC Fittings: a. Schedule 40, polyvinyl chloride (PVC) weight as manufactured by Spears or approved equal. Solvent weld or insert fittings are acceptable. No saddle type clamping orfittings shall be used. Fittings to conform to ASTM D -2466. 4. Brass Pipe and Fittings: RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -9 a. Where indicated on the drawings, use red brass screwed pipe conforming to Federal Specification #WW -P -351 b. Fittings shall be red brass conforming to Federal Specification #W W -P -460. C. Valves. 6. Gate Valves. Gate valves shall be the same size as the pipe lines in which they are installed and shall open "left ". All valves shall be packed with an approved brand of graphited braid stem packing. Gate valves 2 1/2" and larger shall be 200 pound O.W.G., iron body, ASTM A -126, Class B, flanged joints, brass trimmed, non - rising stem, bolted bonnet, double disc, and equipped with an operating unit. Gate valves 2" and smaller shall be 150 pound saturated steam rated, brass body ASTM B -62, non - rising stem, screwed joints, screwed bonnet, solid disc, and equipped with handwheel. Gate valves shall be installed per installation detail 6. Quick Coupling Valves. Quick coupling valves shall of brass or bronze construction with built -in flow control and self - closing. Valves shall have a lock lid and be rubber covered. 6. Automatic control valves. a. Refer to plan for approved manufacturer's name, model number and size. b. Valves shall be normally closed. C. All valves shall be diaphragm actuated, equipped with flow control adjustment and relief pet cocks, so valve may be manually operated. One piece diaphragms only; no "O" rings allowed. All valves shall be of the same manufacturer. Valves shall be completely serviceable from the top without removing the valve body from the mainline systems. D. Dripperline and Integral - Dripperline Components: The dripperline shall be Techline CV or Techline pressure compensating dripperline or 17mm Techlite, or 8mm Techlite non - pressure compensated dripperline as manufactured by Netafim Irrigation, Inc. Dripper flow rate and spacing shall be as indicated on drawings. 1. Techline CV /Techline /17mm or 8mm Techlite Fittings: All Techline CV/Techline Techlite connections shall be made with approved Techline CV/Techline. Techlite insert fittings. 2. Soil Staples (TLS6): All on- surface /under mulch Techline CV /Techline Techlite installations shall be held in place with Techline Soil Staples spaced evenly every 3' to 5' on center, and with two staples on each change of location. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -10 3. Line Flushing Valves: All Techline/Techlite systems shall be installed with Netafim Automatic Line Flushing Valves as indicated on drawings. Techline CV zones do not require an automatic line flushing valve but must have a manual flushing port(s) in the position that an automatic flush valve would be positioned. 4. Air/Vacuum Relief Valves: Each independent Techline subsurface irrigation zone shall be installed with an Air/Vacuum Relief Valve at the zone's highest point(s). Techline CV zones do not require an Air/Vacuum Relief Valve. 5. Pressure Regulator: A pressure regulator shall be installed at each zone valve or on the main line to ensure operating pressures do not exceed system requirements. The pressure regulator shall be a Netafim Pressure Regulator. Model number as indicated on drawings. 6. Disc Filter: A disc filter shall be installed at each zone valve or on the main line to ensure proper filtration. The filter shall be a Netafim Disc Filter. Model number and mesh as indicated on drawings. E. Backflow preventer and strainer unit. 1. Shall be City of Rosemead Health Department approved and be installed in accordance with local water company requirements and City Code. 2. Backflow protection device shall be designed to operate on a 'reduced pressure principal' or'pressure type vacuum breaker. Equipped with full port shut -off valves and field test cocks, and shall be of the type and manufacturer stated on the scope of work. 3. Backflow device to be protected from vandalism and freezing temperatures where applicable. 4. Strainer shall be wye type, constructed of semi- steel, with a 250 psi rating with monel 3/32" strainer basket; removable. Same size as backflow preventer. F. Automatic control system. 1. Automatic controller. Refer to plan for required manufacturer's name and model number. Provide pump start relay switch if required. 2. Automatic controller control system shall consist of a 110 volt, single phase, electric clock control unit and shall be capable of being operated manually. 3. Automatic controller to have the following features: a. Minimum number of stations required. b. Programmed for various schedules entirely by setting switches and dials, and shall be equipped with the following features: 1) Each station shall be capable of operating 2 minutes to 60 minutes with incrementally variable timing periods for each station; automatic, semi - automatic and manual operation. Each station to have an "OFF" or "OMIT" switch. 2) Repeat switch allowing any and all stations to be repeated after completion of the initial watering schedule, or allowing repeat operations for any or all stations to be scheduled throughout a 24 >, RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -11 hour day. 0) "ON -OFF" switch forturning controller "OFF" during rainy weather, while allowing day and hour clocks to continue in operation. 0) Capable of operating 24 volt electric valves. 4. Controller enclosure. Vandal and weatherproof enclosure with dimension of enclosure to be of sufficient size to house controller(s). Refer to plan for manufacturer's name and model number required. a. Type of enclosure: Installed in "Le Meur" or "Strong Box" protective controller enclosure. 5. Automatic irrigation control wire. a. Electric operated. 3) Twenty -four volt wire to solenoid valves to be direct burial conductor type OF #14 AWG copper, 3/64" thickness, PVC coating, U.L. approved. 3) Common wires to be white coded and pilot wires to be color coded with a different color stripe for each automatic controller. 3) Install in accordance with valve manufacturers specifications and wire chart. 3) Twenty -four volt valve solenoid shall be corrosion proof stainless steel protected by solid epoxy resin. Coil to operate one valve at 4,000 feet on no less than No. 14 wire. No solenoid valve shall bleed to atmosphere. G. Valve Boxes. 1. For remote control valves use plastic with hinged and lockable cover. 2. For gate valves use concrete with lock lid cover marked "Water ", 8" I.D. adjustable, concrete sleeve. G. Sleeves for Control Wires: Under all walks and paving and where indicated on drawings, PVC 1220 -160 psi pipe or galvanized heavy wall steel conduit. Minimum size 1 1 /2" I.D. G. Sleeves for Irrigation Pipe: Under all walks and paving and where indicated on drawings, Schedule 80 PVC pipe or as otherwise approved by the Landscape Architect. To be two (2) times the O.D. of sleeved pipe. PART 3 EXECUTION 3.1 SITE CONDITIONS /INSPECTION A. All scaled dimensions are approximate. The Contractor shall check and verify all dimensions per City of Rosemead's approval prior to proceeding with work under this section. B. Exercise extreme care in excavating and working near existing utilities. Coordinate excavations with underground service alert and utility companies. Damage to utilities caused by operations or neglect shall be repaired at Contractors expense. The Contractor shall coordinate with City of Rosemead and check existing utility drawings for locations. C. Coordinate installation of irrigation materials, including pipe, so there will be NO interference with utilities or other construction, or difficulty in planting trees, shrubs, and ground covers. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -12 D. The Contractor shall carefully check all grades to ensure work on the irrigation system may safely commence. E. The Contractor shall reconstruct any existing irrigation lines which are to remain in service if they interfere or are damaged by construction. Reconstruction of irrigation lines shall conform to the applicable sections of the specifications, using all new materials. When modifications to existing irrigation system are part of the project, verify the operation of all existing irrigation controllers, remote control valves, quick coupling valves, and tubing prior to commencing work. Notify City of Rosemead in writing of any inoperable equipment. Maintain 12 inches of cover over all existing lateral lines and 24 inches of cover over existing main lines 3 inches and smaller in diameter. Maintain 30 inches of cover over top of main lines 4 inches and larger in diameter. Reconnect existing remote control valves with approved watertight connectors. 3.2 PREPARATION A. Physical Layout. 1: All piping or equipment shown diagrammatically on drawings outside planting areas shall be installed inside planting area whenever possible, to exact dimensions noted in construction details unless otherwise approved. 2. Prior to installation, stake out all pressure supply line routing and tubing locations. 3. Entire layout shall be approved by City of Rosemead prior to installation. B. Water Supply. 1. Connect irrigation system to water supply points of connection as indicated on the drawings. Verify exact location on site. 2. Connections as shown on drawings are approximate. Minor deviations (plus or minus 20 feet) required by actual site conditions shall be a part of this contract. 3. Coordinate connection to meters, water outlets, etc. with General Contractor and other trades on site to ensure proper connection. 4. Coordinate pipe crossing hardscapes, walks, etc., with appropriate trades to minimize disturbance to finish product. If a preferable route is noted on site, contact City of Rosemead to discuss alternative and obtain approval of same. C. Observation Schedule. 1. Notify the City of Rosemead in advance for the following observation meetings, according to the time indicated: a. Pre job conference - 5 days b. Backflow assembly and automatic controller location - 48 hours C. Pressure supply line avid control wire installation and testing - 48 hours d. Lateral line and tubing installation - 48 hours e. Coverage test - 48 hours RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -13 f. Final site review - 5 days 2. When observations are conducted by other than the City of Rosemead, show evidence in writing when and by whom these observations were made. 3. Maintain a set of current and up to date plans on the job site at all times. No site observations will commence without record drawings and current plans. In the event the Contractor calls for a site visit without record drawings, without current plans, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the City of Rosemead based on his current billing rates per hour (portal to portal, plus transportation costs) for the inconvenience. No subsequent site visits will be scheduled until this charge has been paid. 3.3 INSTALLATION A. General. 1. Drawings and specifications. Drawings are diagrammatic. All piping, valves, etc. shown within paved area are for design clarification only and shall be installed in planting areas. Furnish and install all work called for on the drawings, whether or not specifically mentioned in the specifications. 2. Perform minor adjustment in location or alignment of new work, to avoid existing utilities, as directed without additional cost. 3. All excavation, trenching, backfilling and compaction performed under this section shall conform to the requirements of Section 02222, "Excavating, Backfilling and Compacting for Utilities," 3.2, 3.3, 3.4 and 3.5. In all planting areas, water settle with no tamping. Leave soil slightly crowned at irrigation heads. B. Connection to existing supply line. 1. Connect to existing cold water service where shown on plans. 2. Connect to existing cast iron, PVC, galvanized and /or asbestos - cement pipe by any of the following methods. a. Utilize pressure rated 150 -200 AWS- A21.10 cast iron fittings. b. Tapping "sleeve." C. Cutting in "tee." d. Utilize a threaded fitting. e. Saddle with double bale flattened, double bronze straps. f. PVC fitting for solvent weld on PVC pipe only. C. Excavating and Trenching 1. The Contractor shall perform all excavations as required for the installation of the work included under this section, including shoring of earth banks to prevent cave - ins. The contractor shall trench, each day, only as much as required for that day's RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -14 work. 2. Trenches shall be made wide enough to allow a minimum of two (2 ") inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depth to provide minimum cover from finish grade as follows: a. 24" minimum cover over main lines, as measured from top of pipe where it occurs with in planting area. Install 36" below grade where it crosses driveway b. 12" minimum cover over control lines from controller to valves. C. 4" - 6" cover over dripperline 3. Follow approved layout for each system. Pipe layout as shown on irrigation plan is schematic. Route piping in the most expedient manner, consistent with the requirements set forth herein, including avoidance of tree roots. Adhere to as -built requirements stated herein. 4. The bottom of the trench shall be free of rocks, clods and other sharp -edged objects. If rocks over 1" size are encountered at the bottom of the trench or within backfill @ 4" above pipe, Contractor shall have the option of removing rocks or placing 4" of sand below and above PVC pipe. 5. Trench bottom shall be flat and piping shall be supported continuously at prepared grade. D. Pipe and Assembly: 1. Install remote valves where shown and group together where practical. Place valves no closer than six (6 ") inches to walk edges, buildings and walls. Locate all valve boxes in planting beds unless otherwise directed or noted. 2. No pipe shall be laid when, in the opinion of the Project Consultant, trench or weather conditions are unsuitable. When pipe laying is not in progress, the open ends of the installed pipe shall be closed by approved means to prevent entrance of trench water and other foreign material into the line(s). Enough backfill shall be placed in the center sections of the pipe to prevent floating. Any pipe that has floated shall be removed from the trench and re -laid. 3. PVC pipe and fittings shall be solvent welded using solvents and methods as recommended by the manufacturer of the pipe, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before applying solvent with a non - synthetic bristle brush. 4. Pipe may be assembled and welded on the surface. Snake pipe from side to side in the trench to allow for expansion and contraction. 5. Make all connections between plastic pipe and metal valves or steel pipe with threaded fittings using plastic male adapters. 6. Scale of drawing may not permit indicating all sleeving required. Provide sleeves for all piping under paved areas. Refer to sections that pertain to sleeving material, size, etc. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -15 7. All outlets from main line shall be accomplished with line sized tees, with an outlet of the specified size. No saddle tees are permitted. D. Dripperline Installation: 1. Install all dripperline as indicated on drawings. Use only Teflon tape on all threaded connections. 2. Clamp Techline/Techlite fittings with Oetiker clamps when operating pressure exceeds specific dripperline fitting requirements. 3. Cap or plug all openings as soon as lines have been installed to prevent the intrusion of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. 4. Thoroughly flush all water lines before installing valves and other hydrants 5. Test in accordance with Paragraph on Hydrostatic Tests. E. Automatic Control System 1. Install per manufacturer instructions. Connect remote control valves to controller in numerical sequence shown on the drawings. 2. Controller Mount a. Install within "Le Muer "/ "Strong Box" controller enclosure, provide 3" galvanized plastic- coated conduit sweep bend to house control wires. b. Install within pedestal enclosure. Set pedestal in a vertical position and install in accordance with manufacturer's recommendations. 3. Vandal and weatherproof controller enclosure. a. Seal all openings to keep rodents out. b. Protect surface from damage during shipment and installation. Contractor shall be responsible for epoxy repairs to areas of metal exposed by damage. F. . Control Wiring. 1. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 2. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. 3. An expansion curl shall be provided within three (3) feet of each wire connection. Expansion curl at electric control valves shall be of sufficient length so that in case of repair, the valve bonnet may be brought to the surface without disconnecting the control wires. Control wires shall be laid loosely in trench without stress or stretching of control wire conductors. 4.- All splices shall be made with 3M DBY Connector Sealing packs, Rainbird Snap -Tite wire connector, or approved equal. Use on splice per connector sealing pack. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -16 5. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City of Rosemead. 6. Record locations of tracer wires and their termination points on record drawings. G. Backfilling. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted landscape areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps, or othersurface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (1/2) inch in size will be permitted in the initial backfill. 3. Flooding of trenches will be permitted only with approval of the City of Rosemead. 4. If settlement occurs and subsequent adjustments in pipe, valves, tubing, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City of Rosemead. H. Valve Boxes. 1. Install all buried valves and equipment in the specified box. 2. Fill area under box with a minimum of 3 cubic feet of 314 inch gravel for remote control valves and two cubic feet for gate valves and quick coupling valves, before box is installed. 3. Attach identification tags to each remote control valve, showing number that corresponds.with controller sequence. Tags shall be manufactured of polyurethane Behr Desopaid, yellow in color with black letters, 2 -3/4 inches by 2 -1/4 inches. 4. Brand sequence number of each valve in minimum 2 inch high numerals into box top. 5. Install valve boxes in shrub areas unless otherwise approved. When grouped together, allow at least twelve (12) inches between valves. Install each remote control valve in a separate valve box. 6. Install valve boxes square to one another and to edges of adjacent hardscape, unless otherwise approved by City of Rosemead. 7. Set boxes flush with finish grade, including sloped areas. Compact all soil within 12 inches of the perimeter of box by water settlement, as indicated in trench repair section of this specification. Position boxes per construction detail. 3.4 FIELD QUALITY CONTROL A. Hydrostatic Test: 1. Request the presence of the Owner and /or Landscape Architect at least forty eight (48) hours in advance of testing. RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -17 2. Testing to be accomplished at the expense of the Contractor, and in the presence of the Owner. 3. Center load piping with small amount of backfill to prevent arching or slipping under pressure. 4. Apply a continuous and static water pressure of sixty (60) psi when welded plastic joints have cured at least twenty -four (24) hours and with the risers capped as follows: a. Main lines and sub mains to be tested for one (1) hour. b. Lateral lines to be tested for one (1) hour. 5. Repair leaks resulting from tests. 6. The lines shall then be retested until satisfactory. B. Final Observation Prior to Acceptance. 1. Operate each system in its entirety for the City of Rosemead at time of final observation. Any items deemed unacceptable by the City of Rosemead due to noncompliance with the specifications and drawings shall be corrected to the complete satisfaction of the City of Rosemead. 2. Operate automatic controller rain sensor at conclusion of maintenance period to confirm proper operation. 3. Evidence must be shown to the City of Rosemead that City of Rosemead has received all required irrigation equipment, charts, record drawings, etc. as noted herein before final observation can occur. C. Conclusion of Maintenance Period. 1. At end of maintenance period, submit written confirmation to City of Rosemead that the system is operating properly, as per final acceptance, and note any changes /adjustments made during maintenance period. Based on this, City of Rosemead may request additional site review. 3.5 MAINTENANCE A. The entire irrigation system shall be operated automatically for a period of seven days prior to any planting. B. The City of Rosemead reserves the right to waive or shorten the operation period. C. After maintenance period, demonstrate in presence of the City of Rosemead that the system is in proper operating order. 3.6 CLEANUP A. Clean -up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be swept or washed down, and any damage sustained on the work of others shall be repaired to original conditions. 3.7 EMERGENCY REPAIRS RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -18 A. The City of Rosemead reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding the Contractor's guarantee bond nor relieving the Contractor of his responsibilities during the bonding period. 3.8 OPERATING INSTRUCTIONS A. Contractor to train the City of Rosemead's maintenance personnel in proper operation of all major equipment. Provide written confirmation of the person(s) so trained to the City of Rosemead. 3.9 SERVICESIDATA TO BE PROVIDED BY THE CONTRACTOR A. Rain sensor data. B. Training of City of Rosemead's personnel in proper operation of all major equipment. 3.10 OBSERVATION SCHEDULE A. Contractor shall be responsible for notifying the City of Rosemead in advance for the time indicated. 1. Pre -Job Conference — 7 days 2. Pressure supply line installing and testing — 48 hours 3. Automatic controller installation — 48 hours 4. Control wire installation — 48 hours 5. Lateral line and irrigation installation — 48 hours 6. Final inspection — 7 days B. When observations have been conducted by other than the City of Rosemead, show evidence in writing of when and by whom those observations were made. C. No site observations will commence without as -built drawings. In the event the Contractor calls for a site visit without as -built drawings, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the City of Rosemead at his current billing rates per hour portal to portal (plus transportation costs) for inconvenience. No further site visits will be scheduled until this charge has been paid and received. END OF SECTION 02810 . RAMONA BOULEVARD LANDSCAPE IRRIGATION ROSEMEAD, CALIFORNIA 02810 -19 SECTION 02900 LANDSCAPING PART GENERAL 1.1 DESCRIPTION A. The work includes all services, labor, materials, transportation and equipment necessary to provide landscaping as indicated on the Drawings and as specified. 1.2 RELATED WORK IN OTHER SECTIONS A. Section 02230 — Site Clearing B. Section 02810 - Landscape Irrigation C. Section 02920 — Landscape Maintenance 1.3 SUBMITTALS A. Approvals. 1. Provide written evidence that landscape irrigation system has been inspected and approved prior to start of any work of this section. 2. Agronomic Soil Report a. After completion of the grading operations and prior to soil preparation, the Contractor shall, at his expense, obtain a soils test report from an approved professional agronomic soils testing laboratory. b. Contractor shall, at his expense obtain a soil tests report for imported topsoil from an approved professional agronomic soils testing laboratory, and obtain approval by the City of Rosemead, prior to on site delivery. c. Contractor shall submit the name, address and phone number of the consulting soil testing laboratory for approval prior to obtaining services. d. The approved soil testing laboratory report shall indicate soil analysis for plant growth suitability, and recommendations for soil preparation in all planting areas and soil mix for backfill of planting container material. e. The recommendations of the agronomic soil report shall take precedence over the quantities of soil amendments and material mix specified in the backfill mix; and only when those specifications exceed the minimum requirements specified herein. f. Contractor shall submit one (1) copy of the agronomic soil report to the City of Rosemead, and shall not begin any landscape planting work until the report has been evaluated and approved by the City of Rosemead. g. Contract price adjustments if required due to the above shall be made by unit price or change order. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -1 B. Certificates. Prior to construction, written certifications listing the source of the supplier and quantities of each shall be submitted to the City of Rosemead for the following: 1. Commercial fertilizer or organic fertilizer. 2. Wood shavings or fir bark. 3. Herbicide. 4. Soil conditioner - fertilizer type. 5. Plant Materials. 6. Top Soil. 1.4 GUARANTEES AND REPLACEMENTS A. Plant Materials: Shrubs, vines and groundcovers shall be guaranteed to remain healthy and vigorously growing for ninety (90) days. B. Trees: All trees that have been supplied and installed under this Contract shall be guaranteed to live in a healthy condition for a period of one (1) year from date of final acceptance of project. C. Plant Replacement: Plants found to be dead or not in a vigorous condition, or if root balls have been damaged, within the Installation, Maintenance and Guarantee Periods, shall be replaced within fourteen (14) days. Contractor shall include, at his expense, a timely written diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's report shall indicate reason for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size. D. Plant Replacement: Plants used for replacement shall be same kind and size as specified and shall be furnished, planted and fertilized as originally specified. Cost of all repair work to existing improvements damaged during replacements shall be borne by the Contractor. 1.5 SITE OBSERVATION AND INSPECTION A. Written notice requesting an inspection shall be submitted to the city of Rosemead at least ten (10) days prior to the anticipated date. B. Site observation and inspection will be required for the following parts of the work: 1. Observation to be performed by the Landscape Architect or City of Rosemead upon the completion of grading prior to planting. 2. Inspection to be performed by the Landscape Architect for approval of all plant materials. 3. Observation to be performed by the Landscape Architect or City of Rosemead when trees and shrubs are spotted in place for excavation, but prior to planting. 4. Observation to be performed by the Landscape Architect or City of Rosemead after planting and all other indicated or specified work has been completed Acceptance and written approval shall establish the beginning of the Maintenance Period. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -2 a. Contractor shall insure that all landscape construction items are properly placed, all plants are in place in a healthy condition, areas are clean and free of weeds and debris, and entire area is in a neat condition prior to scheduling an inspection for beneficial occupancy at the beginning of the maintenance period and all subsequent inspections. 5. Maintenance observation to be performed by the Landscape Architect or City of Rosemead after thirty (30) days. 6. Final observation to be performed by the Landscape Architect or City of Rosemead at the completion of the ninety (90) day Maintenance Period. This observation shall establish the beginning date for the one (1) year guarantee of all trees. C. Upon completion of the Final Observation and the work of this section, the Contractorwill be notified in writing: (1) whether the work is acceptable;(2) of any requirements necessary for completion and acceptance. D. Contractor shall be on the site at the time of each observation. 1.6 Ii WA SEQUENCING AND SCHEDULING: Coordinate the work of this Section with installation of underground irrigation system utilities, piping and watering heads. GENERAL REQUIREMENTS A. The term "Planting Area" shall mean all areas to be planted with trees, shrubs, groundcovers, seed and sod. B. Actual planting shall be performed during those periods when weatherand soil conditions are suitable in accordance with locally accepted horticultural practice. C. All rock and other growth or debris accumulated during the duration of the project shall be removed from the site. D. Prior to excavation for planting or placing of plant materials, locate all underground utility lines still in use and take proper precautions to avoid damage to such improvements. In the event of a conflict between such lines and plant locations, notify the City of Rosemead who shall arrange for the relocation of one or the other. The Contractor assumes all responsibility for making any and all repairs for damages from work as herein specified at no additional expenses to the City of Rosemead. E. Grading and soil preparation work shall be performed only during the period when beneficial and optimum results may be obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure, spreading grading operations shall be suspended until the moisture content is increased or reduced to acceptable levels and the desired results are likely to be obtained. F. All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and immediately inform the City of Rosemead of any discrepancy between the drawings and /or specifications and actual conditions. G. Quantities for plant materials are shown for convenience only, and not guaranteed. Check and verify count and supply sufficient number to fulfill intent of drawings. Notify the City of Rosemead of discrepancies between quantities and symbols shown prior to installation. H. Adequately stake, barricade and protect all irrigation equipment, manholes, utility lines and other existing property during all phases of the soil amending and grading operation. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -3 Tree Selection. The Contractor shall immediately remove from the site any trees not approved after the City of Rosemead has seen them. The trees are to be replaced with plants deemed suitable by the City of Rosemead at the Contractor's expense. 2. The Contractor, at his option and expense, can retain the services of the City of Rosemead to review trees 15 gallon or larger tagged at the nursery and /or at its place of growth, or submit color photographs of trees for approval. 3. The City of Rosemead shall have the right to inspect and reject unsatisfactory or defective plant material at any time during the progress of the work. Shrub and Groundcover Selection. Inspection is required upon delivery to site. All plants 15 gallons or smaller are to be inspected and approved at the project site. Plants that are 15 gallons or larger should follow the criteria set forth under Tree Selection. 2. The Contractor shall immediately remove from the site any plants not approved'after the City of Rosemead has seen them. The plants are to be replaced with plants deemed suitable by the City of Rosemead at the Contractor's expense. 3. The City of Rosemead shall have the right to inspect and reject unsatisfactory or defective plant material at any time during the progress of the work. K. Rejection and Substitution; All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected and be immediately removed from the site of the work and replaced with acceptable plant materials. The plant materials shall meet all applicable inspections required by law. All plants shall be of the species, variety size, age, flower color and condition as specified herein and /or as indicated on the Drawings. Under no condition will there be any substitution of plant species, variety or reduced sizes for those listed on the accompanying Drawings, except with the written consent of the City of Rosemead. L. All utilities (water and electricity) used during the installation of the landscaping and irrigation systems for this project shall be paid for by the City of Rosemead. During the ninety (90) day Maintenance Period, the City of Rosemead will be responsible for the payment of the utilities to maintain landscaping. 1.8 INVOICING OF PLANT MATERIAL AND SOIL PREPARATION AND SOIL PREPARATION CONFORMANCETEST A. After installation of plant materials but prior to the pre- maintenance inspection, the City of Rosemead, with the heretofore specified signed copies of the required certificates, trip slips and invoices for the plant materials and related items, shall invoice such material comparing the total area and /or the amounts specified. If the minimum amounts have not been furnished, the City of Rosemead will require the installation of additional materials to fulfill the minimum requirements specified. B. Upon delivery of materials and /or completion of all soil conditioning and grading, but prior to initiating planting operations, the City of Rosemead with the heretofore specified signed copies of required certificates, trip slips and invoices for soil preparation materials, shall invoice such material comparing the total quantities of each material furnished against the total area to each operation. If the minimum rates of application have not been met, the RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -4 Contractor will be required to distribute additional quantities of these materials to fulfill the minimum application requirements specified. PART2 PRODUCTS 2.1 GENERAL A. Refer to "Planting Notes" on L3.01 for general requirements. 2.2 MATERIALS A. Imported Topsoil: Fertile, agricultural sandy loam, typical for locality, capable of sustaining vigorous plant growth, taken from drained site, free of subsoil, clay, rocks, impurities, plants, weeds and roots; minimum pH value of 5.4 and maximum 6.5 per soils test. Supply topsoil for all backfill mixes for plants to bring finished grades to 2 inches below tops of curbs, sidewalks and driveways. Topsoil shall not be used for planting operations while in a muddy condition. B. Soil Amendment and Fertilizer 1. All planting areas shall receive the following amendments per 1,000 sq. ft. of surface area: a. 150 lbs. of "Gro- Power" 5 -3 -1 or equal (no known equal) as reviewed by the City of Rosemead. b. 3 cu. Yards of nitrogen stabilized, fine grade Fir bark or Redwood shavings containing 1 % nitrogen added to each lb. of shavings. C. 8 lbs. of "Gro -Power Controlled Release " 12 -8 -8 or equal (no known equal) as reviewed by the City of Rosemead. C. Planting Tablets: Planting tablets shall be Gro -Power Planting Tablets or equal (no known equal) as reviewed by the City of Rosemead. D. Pre - Emergent weed killer to be Eptam or Ronstar or approved equal as reviewed by the City of Rosemead. 2.3 PLANTING BACKFILL A. Thoroughly blended mixture of topsoil and soil amendments at the following mixture: Stock -Piled on Site Soil or imported topsoil 6 Parts Nitrogen stabilized Fir bark or Redwood shavings 4 Parts 2.4 STAKING MATERIALS A. Tree Staking: Stakes shall be of lodgepole pine. These shall be straight shafts, shaved and cut clean and bare of branches, stubs, and bark, of uniform thickness between 2 and 2 inches in diameter, free of loose knots, splits or bends. Stakes shall be no less than eight feet in length for 5 gallon trees and ten feet in length for 10 gallon trees or larger. Stakes are to be completely treated with copper napthenate. Stakes shall be conically pointed at one end, with 10" long taper point and chamfered at the other end. B. Tree ties shall be "Wonder Tree Ties" or approved equal as reviewed by the City of Rosemead. Wonder Tree Ties, 151 9 Avenue, Unit'U', City of Industry, CA 91746. (818) 336 -3512. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -5 TERIALS lants herein specified conform to PLANT MA 2.5 on names of p Horticultural the American Joint Committee ° The scientific and comet es lexicon. See list of p , A Nomenclature 11 established by "Standard Plant Names Nomenclature. Names notlisted therein fo llow established nursery re spect to width- height material on Drawings, ro ortioned with All material provided shall be well branched and p P plants B ' specie s and 'variety. All Patented relationship labeled as to attached. Materials shall be clear lyfO proper Plant p shall be C Labeling: Standards. They eet or (cultivar) shall be delivered with s an Nursery P American insect m plants shall meet of disease, insects,and well „hardsect eggs an ened oft Quality and size of all p free from plants D. of normal growth, not deformed, or disfigurations. P si signs exceed the measur ecif s ied. Tree trunks shall be sturdy and no 9 vigorous, knots, injuries, tems, ements sP stems, vigorous and fibrous root sy Plants w h sy self - supporting ill be free of a brasions , shall have well - developed branc of being root or container bound. shall have grown in containers for at least six al 15 gal. boxes) an ts that have cracked apps vab E. al., 5 g ears. No container p except upon sp ecial Container stock ( g , over shall be planted (5) months but not from thetainer 2 con , planted. of earth, when taken from royal by the City of Pruning shall not be done, prior trees with damaged roots or broken balls shall a written aPP F to delivery, except by Rosemead. County or State authorities shall secured a wired by City, the Contractor shall have have Inspection of plant materials, required necessary Nurseries in which the p G. onsibilitY of the Contractor and o f plants to site. rjculture. resp riot to delivery a rtment of Ag Perm' or certificates P ected by the State Dep revent drying out, wind burn, been grown shall be insp main to p rounds for plant Protection: Plants shall be handled, stored and m or root or stem damage. Evidence of these conditions H. will be 9 wilting ro ect site at any time replacement. rejection at the p j uries. ection and approval or rej latent defects and inj subject to insp variety, condition, plan Pats shall be subj the project immediately. 1. the progress of work ect site for size, ecified is before or during lant sp Rejected plants shall be removed from roof i submitted thauanaye t size or variety ermined except that if p J Substitutions w ill Po op be P of Rosemead's writte not obtainable, p osal will b ect to Cityed for use n approva of the neare e4 lete work as shown on Drawings• and cost. All substitution s subject articularly ect root condition of any species p K Quantities shall be furnished as needed to comp ect the plants represented by the ht to insp to rej The City of Rosemead res and it found defective, L. grown from seed, those g roof labels attached in a lot. defective sample• on varieties plants in a abeled plant for each five Plant species or varieties conlulm of one l fiats until M Identify P grown in to the job site. There shall be r healthy, vigorous rooted cuttings Groundcover plants shall be. LANDSCAPING N 02900 -6 RAMONA 130 CALIF RNIA ROSEMEAD, transplanting. 2.6 2.7 O. Pre - emergence herbicide shall be Eptam, Ronstar or equal. P. Weed contact spray shall be Phytar 560, Broadside, Round -Up or equal BARK MULCH: All shrub and groundcover areas shall be covered with fine -size fir bark, 2 inches minimum deep, as designated on plans. Fir bark shall be screened bark. Mulch shall contain no Eucalyptus. Mulch is to be 2" away from tree trunk or shrub base. ROOT BARRIERS: Biological root control device shall be a minimum of .06 inches and each barrier shall have a locking device to hold barrier in position after installation. Only linear root barriers (not circular root barriers) are permitted. PART 3 EXECUTION 3.1 PREPARATION A. Beginning of installation indicates Contractors acceptance of existing conditions. B. Clearing and Grubbing: Priorto tillage operations, vegetation growth shall be grubbed, raked and cleared from the site. The ground surface shall be cleared of material which might hinder grading, tillage, planting and maintenance operations and be disposed of off the site. C. A minimum of 12" of existing soil will be removed in all planting areas at the Contractor's expense and be replaced with imported top soil. Soils report recommendations will supersede soil conditioning guidelines given here. 3.2 SOIL CONDITIONING, FERTILIZING AND ROTOTILLING: A. Grade shall ensure positive drainage of site, directing surface drainage toward curbs, gutters, swales and drains; away from building foundations, free of irregularities and depressions at minimum of 2 %. The soil amendments specified below are required prior to construction. B. Thoroughly moisten soil and grade all planting areas to within one -tenth of a foot of finished grades prior to incorporating soil conditioner and amendment. The following rates of soil conditioning and amendment materials shall be evenly spread over all planting areas and shall be thoroughly scarified to an average depth of 12 inches by rototilling a minimum of 2 alternating passes: (this is to be used as a basis for bidding and may be modified based on soil tests.) Gro -Power 5 -3 -1 150 Lbs. Per 1,000 Sq Ft. Nitrogenized bark/ wood shavings 3 Cu. Yd Per 1,000 Sq Ft. Gro -Power Controlled Release 12 -8 -8 8 Lbs. Per 1,000 Sq. Ft. C. Soil Preparation Procedure for all Landscaped Areas 1. After landscape areas have been graded, compacted and sloped to drain, Contractor shall accept the areas for landscape soil preparation. 2. Areas that have not been graded and will be planted shall be thoroughly irrigated for a minimum of two weeks or until weeds germinate and vigorous weed growth is evident. Apply contact herbicide per manufacturers specifications. Repeat process if required by City of Rosemead until weed kill is achieved. 3. All areas shall be deep ripped to a depth of 12 inches and all vegetation (not shown RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -7 to remain), stumps, roots, and stones (1 inch or larger in diameter) shall be removed from the top 8 inches of soil. The thoroughness of rock removal shall be approved by the City of Rosemead prior to incorporation of amendments. Adequate replacement soil shall be imported to equal volume of rock removed. (See Topsoil Guidelines). 4. Grades: Planting areas which have been soil conditioned and /or graded shall be maintained in a true and even condition prior to planting. Contractor shall include repairs to previously graded areas, if disruption of these areas should occur prior to end of Maintenance Period. 5. Settling of Soil: When grading, deep ripping, topsoiling, addition of soil conditioning and tilling.have been accomplished, areas shall be compacted and settled by heavy irrigation to a minimum depth of 12 inches without causing erosion or sloughing of soils. 6. Final Grading of Planting Areas: Planting areas shall be free of rocks larger than 1 inch with no more than 5% by volume of rocks smaller than 1 inch. All depressions, voids, erosion, settled trenches and excavations shall be filled with amended soil and /or removed by the Contractor leaving a smooth, even finish grade. Final grade shall be established to the following directives: a. Drainage away from walls shall be maintained. b. Molding and rounding of grades shall be provided at all changes in slope. Blend slopes into level areas. C. Grades shall be 2 inches below adjacent paved areas and sidewalks and flush with valve boxes, mowing strips, clean -outs, drains, manholes, etc., and shall have a minimum slope of 1 % to drains. d. No planting shall be installed until approval has been given by the City of Rosemead. 7. Care shall be taken that the rate of application of water does not cause erosion or sloughing of soils. 8. All depressions, voids, erosion scars and settled trenches generated by the deep watering shall be filled with conditioned topsoil and brought to finish grade. 3.3 FINISH GRADING A. Finish grades shall be at 2% away from the wall B. Molding and rounding of the grades shall be provided at all changes in slope. C All undulations and irregularities in the planting surfaces resulting from tillage, rototilling and all other operations shall be leveled and floated out before planting operations are initiated. D. The Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines and other underground utilities during his grading and conditioning operations. E. Final finish grades shall insure positive drainage of the site with all surface drainage away from buildings, walls and toward roadways, drains and catch basins. F. Final grades shall be acceptable to the City of Rosemead before planting operations will be RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -8 allowed to begin. G Planting surfaces shall be graded with no less than two (2) percent surface slope for positive drainage. H. Areas shown on plans as turf areas to receive soil preparation and conditioning (amend and fine grade soil) shall have all stones removed from the surface of the lawn bed. 3.4 PLANTING A. The layout of locations for plants and outlines of groundcover to be planted shall be approved on the site by the City of Rosemead or Landscape Architect prior to planting. All such locations shall be checked for possible interference with existing underground piping prior to excavation of holes. If underground construction or utility lines are encountered in the excavation of planting areas, other locations for the planting may be selected by the City of Rosemead. Damage to existing utilities shall be the responsibility of the Contractor. The layout, planting, staking /guying and tying of trees will occurfirst. The planting of shrubs, vines, and ground cover will follow consecutively. 2. Locate the planting pit using one (1) of the following methods: a. Place 1" x 3" x 3' -0" wood stake at the location shown on the plans. Write botanical name and size of container on stake. b. Place plant container at location shown on the plans. B. Planting Trees and Shrubs. 1. All excavated holes shall have vertical sides with roughened surfaces and shall be two (2) times wider than the width of the plant ball and be as deep as indicated on drawings. Vertical sides and bottom of the plant pit shall be scored to loosen soil and to eliminate "glazed" pit walls. Holes shall be, in all cases, large enough to permit handling and planting without injury or breakage of root balls or roots. 2. Excavation shall include the stripping and staking of all acceptable soil encountered within the areas to be excavated for plant pits and planting beds. Protect all areas that are to be trucked over and upon which soil is to be temporarily stacked pending its reuse for the filling of holes, pits and beds. 3. Plants shall not be allowed to dry out before or while being planted. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations, do not expose to the air except while being placed in the ground. Wilted plants, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. 4. Remove nursery stakes and ties from all container stock. Maintain side growth on all trees. 5. Loosen roots and soil at edges of root ball of plant being installed and mix with native soil 6. Excess soil generated from the planting holes shall be spread on the site as directed by the City of Rosemead. 7. All used cans shall be removed to the storage area or from the site daily. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900,9 8. The plants shall be planted at approved locations with the heretofore specified conditioner and soil planting backfill. 9. The plants shall be placed in the planting pits on the backfill material which has been hand - tamped and water settled to the root ball base levels prior to the placement of the plants. After setting the plants, the remaining backfill material shall be carefully tamped and settled around each root ball to fill all voids. 10. Each tree and shrub shall be placed in the center of the hole and shall be set plumb and held rigidly in position until the planting back fill has been tamped from around each root ball. 11. All plants shall be set at such a level that after settling they bear the same relationship to the surrounding finish grades as they bore to the soil line grade in the container, unless otherwise noted. 12. Gro -Power planting tablets shall be placed in each planting hole at the following rates: One (1) -7 gram tablet per liner and flat size plant. Two (2) -7 gram tablets per gallon container. Five (5) -7 gram tablets per 5 gallon container. Ten (10)- 7gram tablets per 15 gallon container. Fourteen (14) -7 gram tablets per 24" box and larger. 13. No plant will be accepted if the root ball is broken or cracked, either before, during or after the process of installation. 14. All plants shall be thoroughly watered into the full depth of each planting hole immediately after planting. 15. All trees, 15 gallon and larger, shall be staked with two wood stakes, driven into the ground. Nursery stakes provided at time of delivery shall be removed prior to restaking. The stakes shall be driven in plumb and secure. Special care shall be taken that the driving in of the stakes does not damage the tree root ball. Tree ties shall be fastened to each tree and stake by looping figure eights with the inside diameter of the tie at two or three times the diameter of the tree and by tacking the back of the tie to the stake (See Detailed Drawings). 16. The staking method shall be accomplished in such a manner as to insure the proper and healthy growth and the safety of the plants, property and public. 17. Shrubs shown in plant areas shall be underplanted with groundcover shown by adjacent symbol to within 12 inches of main plant stem. 18. The Contractor shall be responsible for all surface and subsurface drainage required which may affect his guarantee of the trees, shrubs and vines. 19. Pruning after planting shall be required on all trees and shrubs only when necessary to provide the specified or approved standard shapes, form and /or sizes characteristic to each plant. Pruning may include thinning, topping and /or cutting and shall be under the direction of the City of Rosemead. Cuts over 3/4 inch in diameter shall be painted with an approved tree sealant. 20. All trees 24 inches box and larger shall be spotted in place prior to digging of the RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -10 hole. 21. Install vines as per plans and details. Remove existing nursery stakes and ties after planting. C. Groundcovers. 1. Groundcovers shall be planted in the areas indicated on the Drawings. The groundcover plants shall be rooted cuttings grown in flats and shall remain in those flats until transplanting. 2. Planting pits for flat -sized plants are to be at least 6" x 6" x 6 ". Plant in moistened soil. 3. All groundcover plants shall be planted with soil around roots in evenly spaced intervals as called out on the Drawings. 4. The groundcover plants shall be planted sufficiently deep to cover all roots and shall be immediately gently watered after planting until the entire area is soaked to the full depth of all holes. 5. The groundcover planting areas shall be hand - smoothed after planting to provide an even, smooth final finish grade. All groundcover areas to receive 2 inches layer fir bark mulch. 3.5 WATERING A. Apply waterto all planted areas and plants, during operations and thereafter, until acceptance of work. B. All plantings which cannot be watered efficiently with the existing water system shall be watered by means of a hose. C. Immediately after planting, apply water to each tree, shrub and vine by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the planting pit to finish grade. D. Following the planting of ground cover, each plant shall be immediately and thoroughly watered by means of a hose, with a slow running stream of water. E. Apply water in sufficient quantities, and as often as seasonal conditions require, to keep the ground moist at all times, well below the root system of groundcover and all other planting. Exercise care to prevent overwatering, flooding or excessive runoff. 3.6 MAINTENANCE A. The entire project shall be cared for, to the satisfaction of the City of Rosemead, in such a manner as to present a neat and clean condition at all times. B. The maintenance period begins on the first day after final completion on all landscape work on this project is complete, checked, accepted and written approval from the City of Rosemead is given to begin the Maintenance Period and shall continue thereafter for no less than ninety (90) contiguous days. C. Regular planting maintenance operations shall begin immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually pleasing appearance by RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -11 watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance. Landscape areas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and debris. All plants found to be dead or in an impaired condition shall be replaced within fourteen (14) days. Maintenance operations shall also include: 1. Filling and replanting of any low areas which may cause standing water. 2. Adjusting of sprinkler head height and watering pattern. 3. Filling and recompaction of eroded areas. 4. Weekly removal of trash, litter, clippings and foreign debris. D. The Contract completion date of the Contract Maintenance Period will be extended when, in the opinion of the City of Rosemead, improper maintenance and /or possible poor or unhealthy condition of planted material is evident at the termination of the scheduled Maintenance Period. The Contractor shall be responsible for additional maintenance of the work until all of the work is completed and acceptable at no additional cost to the City of Rosemead. E. When in the opinion of the City of Rosemead's Representative, improper maintenance, possible poor or unhealthy condition of plant materials, or unestablished lawns are evident or when maintenance work is not being performed, the Contractor shall be responsible for additional maintenance of the work until all of the work is completed and acceptable at no additional cost to the City of Rosemead. F. Upon completion of all planting operations, apply pre - emergent weed control over all ground cover and shrub areas (seeded areas are not to be treated) in accordance with manufacturers recommendations. G. Prior to completion of the 90 day maintenance period, cultivate all ground cover and shrub areas and provide an additional application of pre- emergent herbicide in accordance with manufacturers recommendations. H. During the maintenance period, the contractor is required to apply fertilizer to all planted areas, at a time specified by the City of Rosemead (every 30 days after the beginning of the maintenance period). Fertilizer application shall be performed in the presence of the City of Rosemead. a. Apply soil conditioner - fertilizer ( "Gro- Power" 5 -3 -1) at the rate of 25 lbs. per 1000 sq. ft., uniformly over all shrub and ground cover areas. b. Apply soil conditioner - fertilizer ( "Gro- Power ") controlled release (12 -8 -8) at the rate of 20 lbs. per 1000 sq. ft., uniformly over all lawn areas. Replacements. Immediately replace any and all plant materials which, for any reason, dies, is unhealthy or is damaged. Any trees or other plant materials that die back and lose the form and size as originally specified shall be replaced, even though they have taken root and are growing after the die -back. Replacement shall be made with plants as indicated or specified for the original planting. All replacement of plant material shall be at the expense of the Contractor. J. Repair. Damage to planting areas shall be replaced and repaired immediately. RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -12 K. Depressions caused by erosion, vehicles, bicycles or foot traffic to be filled with topsoil and leveled. Reseed damage done to lawn areas. L. Exterminate gophers and moles and repair damage, as approved by City of Rosemead. M. Herbicides, fungicides, insecticides, baits and other chemicals shall be used in strict accordance with manufacturers recommendations and regulatory agencies. N. The Contractor will be relieved of maintenance work when the final 90 calendar day plant establishment work has been satisfactorily completed. If maintenance is unsatisfactory, Contractor shall maintain work beyond the 90 calendar day period until all planting is in a healthy thriving condition as determined by the City of Rosemead. Final acceptance of landscape work will relieve Contractor from maintaining all planting. 3.7 ROOT BARRIER A. Install linear root barriers for all trees. Install root barrier along the edge of paving for a distance of ten (10) feet in each direction from the tree for a total of twenty (20) feet per tree. Where trees are closer than twenty feet apart a single continuous piece of root barrier shall be used. Overlap root barrier a minimum of twelve (12) inches at splices. 3.8 CLEAN UP A. As project progresses, Contractor shall maintain all areas in a neat manner and remove unsightly debris as necessary. After completion of project, Contractor shall remove all debris and containers used in accomplishing work. The Contractor shall sweep and clean all sidewalks, asphalt and concrete areas adjacent to plantings. 3.9 TREE PROTECTION A. Identification: Trees to be saved are noted on plans. B. Grading and Backfill: Do not place fill within 4' from trunk of any trees noted to remain without prior written approval. C. Storage and Traffic: Keep traffic and storage 15' away from protected trees. D. Existing trees or shrubs, shown on plan to be relocated (moved) or to be changed in elevation, shall be moved in accordance with current horticultural practices, utilizing a box of sufficient size to encompass roots so the plant will remain in a healthy growing condition. Contractor to guarantee plants for a period of one year. Equivalent trees or plants, of same size, may be furnished and planted by the Contractor in lieu of transplanting existing plants as approved. Plants that die within the guarantee period shall be replaced by the Contractor at no additional cost to the City of Rosemead. E. Repair: Provide a tree surgeon to repair damage, including shaping wounds, removing damaged limbs and sealing wounds and cuts. F. Replacement: Remove and replace trees with life- threatening damage with tree of equal size and quality. END OF SECTION 02900 RAMONA BOULEVARD LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -13 PART1 GENERAL 1.1 SUMMARY SECTION 02920 MAINTENANCE A. The work includes all materials, labor, services, transportation, and equipment necessary to perform the work as described in this specification section. 1.2 RELATED WORK IN OTHER SECTIONS A. Section 02230 — Site Clearing B. Section 02810 - Landscape Irrigation C. Section 02900 - Landscaping PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.1 MAINTENANCE A. All work shall be continuously maintained in all areas within the limit of work during the progress of the job, the 90 day maintenance period and until the final acceptance of the work. B. The ninety (90) day plant maintenance period shall not commence until written notice of approval of landscape and irrigation installation (see Landscape Irrigation Section 02810) has been received from the City of Rosemead's Representative. C. Provide the following during the final ninety (90) calendar day maintenance period: 1. All plants and planted areas shall be kept watered. 2. Weeds, Dallis, Johnson, Kikuyu, Nut and Bermuda Grass shall be removed. 3. The entire project shall be so cared for that a neat and clean condition will be presented at all times to the satisfaction of the City of Rosemead and City of Rosemead's Representative. D. General Weeding 1. Weeding Program: The Contractor shall be responsible for providing a continuous weeding program for all project areas. Weeding shall be done on a weekly basis and shall include any undesirable or misplaced plant. 2. Shrubs: Weeds shall be removed from beds regularly, no less than once a week, chemically or manually. Bermuda grass and other noxious weeds shall not be allowed to become established. 3. Ground Cover: Weeds shall be removed completely, on a regular basis, chemically or manually, no less than once a week. Weeds may be controlled RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -1 with pre- emergent herbicides, preferably, but also may be controlled with post- emergent herbicides, and /or by hand pulling. E. Insect, Disease and Pest Control: The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Rosemead within four (4) days if disease, insect or rodent infestation is found; he shall identify the disease, insect or rodent and specify control measures to be taken using legally approved materials and methods. Upon written approval of the City of Rosemead's Representative, the Contractor shall implement the approved control measures, exercising extreme caution in the application of all spray material, dusts or other materials utilized. The use of any chemicals for insect and disease control shall be done by a state licensed pest control operator who shall follow all guidelines governing his license. Extreme caution shall be used when spraying insecticides and fungicides. Only spray when there is no wind. City of Rosemead's Representative approval must be obtained prior to spraying any insecticides or fungicides. All chemicals shall be used only in the manner approved by state and county agencies. 1. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Rosemead. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. F. Staking and Guying: Tree stakes, ties and guys shall be checked to prevent bark wounds caused by abrasion and corrected as needed. Ties shall be adjusted to prevent girdling. When trees attain a trunk caliper of approximately 4" consider removing stakes and guys based on the following guidelines. The tree must retain its upright position and this position must be held regardless of moisture content of the soil. Before any stakes are removed, remove tree ties and allow the tree to remain without support for a period of time to observe structural stability of the tree. Remove tree stakes only when tree has been proven to be structurally stable. Any re- staking shall be done with originally specified materials. Guying will, over time, stretch or loosen. Adjust as needed to retain a taut position, until such time when guying is removed. Any tree that is damaged due to improper staking or typing shall be replaced at the Contractor's expense. G. Plant Replacement: Any tree and shrub that appears to have more than one -half (1/2) of its foliage in a declining state shall be brought to the City of Rosemead's attention immediately. Check plant for over - watering, or drainage problems; and repair the problem prior to replacement. Replacement plants shall be of a size, condition and variety acceptable to the City of Rosemead. The Contractor shall replace plant material at no cost to the City of Rosemead and subject to acceptance by the City of Rosemead. Plants that show signs of failure to grow at any time during the maintenance and guarantee period, or those plants so injured or damaged as to render them unsuitable for the purpose intended shall be replaced immediately at the expense of the Contractor. 2. Any trees, shrubs or grass that die or lose form and size as originally specified shall be replaced even though they have taken root and are growing after die - back or loss of form and size. H. Shrub and Vine Care: All shrubbery shall be checked weekly for any breakage or damage, special watering needs, etc. and treated as necessary. All undesirable conditions shall be eliminated as per accepted landscape maintenance practices. All shrubs shall be maintained in a healthy vigorous condition. Remove all spent flowers, flower spikes and remove all leaves and debris from plant areas daily. Hose off all plant material monthly to remove accumulated dirt and soot. RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -2 1. Pruning: Pruning shall be performed as a continuous ongoing operation not allowing plants to develop stray, undesirable growth, and shall be done under the direction of a certified Arborist. Trimming, pruning, thinning and training are functions to be done at any time at the instruction of the City of Rosemead as deemed necessary to maintain a pleasing appearance. Accomplish pruning by removing woody stems from inside shrubs on an as- needed basis as directed by the Arborist. Excessive pruning or stubbing back will not be permitted. Shrubs should never be topped unless specifically directed by the Arborist or the City of Rosemead's representative. Where trees and shrubs occur in close proximity to walks or parked cars, prune to allow movement without interference from branches and foliage. Any pruning not directly related to creating accessible paths for pedestrians or cars shall not commence until written approval is given by the City of Rosemead. a. Shrub Pruners: Shrubs shall be pruned and thinned using hand -held shrub pruners. Hedge shears and clippers shall not be used. Irrigation Systems Care 1. Irrigation Repair and Operation: a. Systems Components Damage: Irrigation system components damaged as a result of Contractor's neglect shall be repaired or replaced by the Contractor at no cost to the City of Rosemead. Normal wear and tear of systems, accidental breakage by others, or so- called acts of God, are conditions under which the Contractor is not directly responsible and repairs shall be paid for by the City of Rosemead. The Contractor shall notify the City of Rosemead's Representative the same day of discovery of damage to irrigation system components caused by acts of God, that do not result from the performance of the work by the Contractor. Upon receipt of the City of Rosemead Representative's written authorization, the Contractor shall repair said damage as soon as possible and submit a change order related to the cost of said work to the City of Rosemead's Representative. Failure to report any damages will constitute Contractor making repairs at his own expense. Any replacement of irrigation system components under this subparagraph 1 shall be original equipment types. Any substitutions for replacement equipment shall be approved in writing from the City of Rosemead. b. Replacement includes, but is not limited to: irrigation system laterals (piping), irrigation mains (pressure lines), control valves, controllers, irrigation tubing, valve covers, boxes and lids, including electrical pull boxes and lids, valve sleeves, quick couplers, and hose bibs. C. Automatic Irrigation System Failure: Irrigation shall be done by the use of automatic irrigation systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site. d. Property Damage: Any damages to property resulting from excessive irrigation water or irrigation water runoff due to the Contractor's negligence shall be charged to the Contractor. e. Controller and Valve Boxes: The Contractor shall keep controller and valve boxes clear of solids and debris and maintain the irrigation system RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -3 including the replacement, repair, adjustment, raise or lower, straighten, and any other operation required for the continued proper operation of the system from the water meter throughout the work site. f. Immediately after planting, apply water to each tree, shrub and vine by means of a hose in a moderate stream in the planting hole until the material around the roots is completely saturated from the bottom of the hole to the top of the ground. g. Following the planting of ground cover, each plant shall be immediately and thoroughly watered by means of a hose with a slow stream of running water. h. Apply water in sufficient quantities and as often as seasonal conditions require to keep the ground wet, but not soaking, at all times, well below the root systems of the plants and grass. 2. System Monitoring: a. Contractor Monitoring: The Contractor shall inspect the irrigation system for broken and clogged heads, malfunctioning or leaking valves, or any other condition which hampers the correct operation of the system. Authorization must be obtained from the City of Rosemead before proceeding with work not covered under normal maintenance work. The malfunctioning sprinkler system landscape area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City of Rosemead's satisfaction. Each system shall be checked daily and all necessary adjustments made to heads which throw onto roadways, walks, windows, or out of intended area of coverage. The Contractor shall clean and adjust sprinkler heads as needed for proper coverage. Each system shall be individually operated and observed on a regular basis. b. Suspension of Irrigation Operation: The Contractor shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within guidelines of good horticultural acceptable maintenance practices. c. System Operation Knowledge: One maintenance person shall have the responsibility of operating and knowing the irrigation systems adjust controllers, observe the effectiveness of the irrigation systems, and making minor adjustments and repairs to systems. 3. Coverage /Application Rate: Generally, watering shall be done at night, between the hours of 12:00 A.M. and 6:00 A.M., unless otherwise directed by the City of Rosemead. The Contractor shall operate systems and irrigation heads as seasonal conditions require. During extremely hot weather, extended holiday periods and during or following breakdown of systems, the Contractor shall provide adequate personnel and materials as required to adequately water all landscaped areas. When breakdowns or malfunctions exist, the Contractor shall water manually by whatever means necessary to maintain all plant material in a healthy condition. 4. Ground Cover Trimming: Grass and ground covers are to be neatly trimmed away from sprinkler heads to ensure proper coverage and operation. Weed or turf killer shall not be used. Trim ground covers away from sprinkler heads by tapering away from head. Holes shall not be cut in to ground cover areas. As RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -4 ground covers grow in height, risers may need to be extended to properly clear top of ground covers. 5. Tests: The Contractor shall test the soil and ground cover areas and around trees and shrubs monthly or as necessary with soil probes to determine that the proper amount of water is being applied at all times. This information shall be used to adjust watering times on the controller and supplemental hand or deep watering as necessary. a. Soil Probe: The Contractor shall make the soil probe available at all walk- through inspections. 6. Sub- Surface Irrigation: Areas irrigated by sub - surface irrigation will be adequate moisture within the root zone to promote proper plant growth. 7. Maintenance Work not Included: a. Backflow Prevention Device: Testing, certification and service of the backflow prevention shall be done by the Contractor, and it shall be the Contractor's responsibility to notify the City of Rosemead's Representative should a malfunction occur. J. Grades: Damage to planting areas through any of the following shall be replaced or repaired immediately by refilling with topsoil and leveling: 1. Depressions caused by vehicles, bicycles or foot traffic. 2. Damage caused by gophers and moles. 3. Erosion due to irrigation runoff. 4. Unnatural soil settling. 5. Excessive soil compaction. K. Hardscape Care 1. Sweeping, Vacuuming and Blowing off Hardscape: All concrete work shall be swept, vacuumed or blown off once a week. This work shall be coordinated with mowing or other maintenance work in the area. All gutters within the maintenance area shall be kept clean of grass clippings and miscellaneous trash. 2. All concrete work shall be kept free of dirt, leaves and other debris from the maintenance by or visiting the site. Debris shall be collected on a daily basis. In general, all areas shall be policed once daily. All paper, trash, etc., shall be disposed of off -site. 3. Hosing off Concrete Option: In general, all concrete work shall be hosed off once a month in place of sweeping or blowing as described above. This work should be scheduled to coincide with mowing or other maintenance work in the area. L. The Contractor shall be on site once weekly for a minimum of four (4) hours. M. The Contractor is to work closely with the City of Rosemead's maintenance division, and establish a weekly meeting with the City of Rosemead's maintenance crew. RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -5 N. The Contractor shall replace all annual color as necessary during the maintenance period. O. The Contractor shall remove dead flower buds. P. The Contractor may be relieved of the maintenance work when the final (90) calendar day plant establishment work has been satisfactorily completed. Q: Extension of Maintenance Period: Continue the maintenance period at no additional cost to the City of Rosemead until previously noted deficiencies have been corrected. END OF SECTION 02920 RAMONA BOULEVARD MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -6 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT PART "C" SPECIAL PROVISIONS SPECIAL PROVISIONS "NO SPECIAL PROVISION CHANGES TO THE CONTRACT ARE NEEDED" SPECIAL PROVISIONS - 1 CLS Lantlscape Mana Bement, Inc License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628 -3005 (800) 8949696 Fax: (909)464- 1021 www.clslandscape.com CLS LANDSCAPE MANAGEMENT, INC. COMPARISON CHECKLIST The following checklist is provided for you to compare services proposed by landscape maintenance companies submitting bids: QUALIFICATIONS ✓ SERVING THE INDUSTRY SINCE 1983. ✓ MEMBER OF COMMUNITY ASSOCIATIONS INSTITUTE (CAI). ✓ A, B, C27, C61, D49, QAC LICENSES. ✓ 24 -HOUR EMERGENCY SERVICE. ✓ UNIFORMED MAINTENANCE MEN. ✓ PROPERTIES OVERSEEN WEEKLY BY AREA MANAGERS. ✓ QUALITY CONTROL SYSTEM WITH MONTHLY REPORTS. ✓ ALL CLS EMPLOYEES ARE COVERED BY WORKMAN'S COMPENSATION AND LIABILITY INSURANCE. ✓ $1,000,000.00 LIABILITY INSURANCE POLICY. ✓ CERTIFIED IRRIGATION TECHNICIANS. ✓ WE OFFER THE SERVICE OF WATER MANAGEMENT ✓ CELLULAR PHONE DISPATCHED TRUCKS. ✓ LAWN CARE AND PEST CONTROL. ✓ ARBORIST DIVISION — 2 CERTIFIED ARBORISTS ON STAFF, CERTIFIED TREE WORKER. ✓ WIRE TRACING AND CLOCK REPAIR. ✓ CONCRETE / CONSTRUCTION DIVISION. ✓ SAFETY COORDINATOR/TRAINER. CU Landscape Management, Inc License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628-3005 (800) 894 -9696 Fax: (909) 464 -1021 www.cislandscape.com CLS LANDSCAPE MANAGEMENT, INC. CORPORATE CAPABILITIES CLS Landscape Management, Inc. has been providing quality landscape and tree maintenance services throughout Southern California since 1983. The foundation of our business is based on providing the quality services that you, the customer, require and deserve. We proudly service over 200 Homeowner Associations and various municipalities such as City of Arcadia since 2000, City of Chino Hills since 2003, City of Upland since 1998, LA County Sanitation since 2000, Arcadia Unified School District since 2000, Chino Unified School District since 2000 and Duarte Unified School District since 2000. In addition to landscape maintenance, we have a full service Arborist Division that is managed by an on staff Certified Arborist. CLS Landscape Management, Inc. holds the following valid licenses: Class A & B C- 27,C -61, D49 Contractors License #650883 • Certified Arborist WE -2007A and WE -6676A Qualified Applicators Certificate #45193 Qualified Applicators License #39682 • Winner of the National Arborist Association Excellence in Arboriculture Award 2001 CLS Landscape Management, hie. prides itself on keeping up -to- date, well - maintained trucks and equipment that proudly display the distinctive company logo. Our staff is in constant contact with the corporate office by way of cellular phones and pagers. This means any service requests that are called in by our clients are dispatched to our crews and are handled as soon as possible. CL Landaca pe Management, Inc License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628 -3005 (800) 894 -9696 Fax: (909) 464- 1021 www.clslandscape.com Page 2 We have 17 full-time Irrigation Technicians on staff to service all of our clients' irrigation needs. CLS Landscape Management, Inc. also has a full -time roll -off truck and Bandit recycler that allows us to recycle all of the green waste generated by the company. L License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628 -3005 (800) 894 -9696 Fax: (909) 464 -1021 www.cislandscape.com CLS LANDSCAPE MANAGEMENT, INC. STAFF QUALIFICATIONS Kevin L. Davis- President Kevin is the President of CLS Landscape Management, Inc., which was established in 1983. Certified Arborist #WE -2007A Member of the National Arborist Association Member of the International Society of Arboriculture Contractors License- Class A & B, C27 and C61/D49 Laura Hansen- Chief Financial Officer Laura has been employed with CLS since 1990. Laura is in charge of all aspects of the Financial Administration for the Company. She is also the assistant to Kevin Davis, President. Pat Strohman- Senior Vice President Pat has been employed with CLS since 1993. Pat is in charge of overseeing the day -to -day operations for the entire company. Qualified Applicator Certificate #45193 Martin Franco - General Manager Martin has been employed with CLS since 2000 and has over 15 years experience in this industry. Martin assists Pat Strohman, Senior Vice President, with the day -to -day operations of the Landscape Division and heads up our Riverside County Branch. Martin is also a Certified Irrigator. CLS Managemenp Inv License No. 650883 Management Staff Anselmo Gonzalez- Area Manager Anselmo has been employed with CLS since 1990. Anselmo oversees day -to -day operations in the City of Arcadia. Anselmo is also a Certified Irrigator. Jose Marquez — Area Manager Jose has been employed with CLS since 1989 Jose over sees day -to -day operations for our contract with City of Chino Hills Lucas Mitchell- Tree Division Manager Lucas has been employed with CLS since 2003. Lucas oversees the daily production of the tree crews and all aspects of their work in the field. Certified Arborist #WE -6676A Member of the Western Chapter International Society of Arboriculture Norm Todd- Tree Specialist Norm has been employed with CLS since 2003 and is responsible for inspecting trees and providing estimates based on his recommendations. Norm has a bachelor's degree in Horticulture and has 40 years experience in this field. Ramon Segoviano- Area Manager Ramon has been employed with CLS since 1997. Ramon oversees day -to- day operations in his geographical area that includes over 25 projects. Ramon is also a Certified Irrigator. Felix Canales- Assistant Area Manager 4711 Schaefer Ave. Chino, California 91710 Felix has been employed with CLS since 1986. Phone: (909) 628 -3005 Felix assists Anselmo Gonzalez with day -to -day operations of his (800) 894 -9696 geographical area that includes over 20 projects Fax: (909) 464- 10? 1 www.ctslandscape.com Joe Candias - Estimator Joe has been employed with CLS since 2005. Joe oversees day -to -day operations for our construction division and is our chief estimator. Joe is also a Qualified Applicator License #36572. Jose Marquez — Area Manager Jose has been employed with CLS since 1989 Jose over sees day -to -day operations for our contract with City of Chino Hills Lucas Mitchell- Tree Division Manager Lucas has been employed with CLS since 2003. Lucas oversees the daily production of the tree crews and all aspects of their work in the field. Certified Arborist #WE -6676A Member of the Western Chapter International Society of Arboriculture Norm Todd- Tree Specialist Norm has been employed with CLS since 2003 and is responsible for inspecting trees and providing estimates based on his recommendations. Norm has a bachelor's degree in Horticulture and has 40 years experience in this field. Ramon Segoviano- Area Manager Ramon has been employed with CLS since 1997. Ramon oversees day -to- day operations in his geographical area that includes over 25 projects. Ramon is also a Certified Irrigator. C Landscape Management, Inc License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628 -3005 (800) 894 -9696 Fax: (909) 464 -1021 www.clsiandscape.com Management staff continued Ramon Tovar- Area Manager Ramon has been employed with CLS since 2001. Ramon oversees day -to- day operations in the City of Upland. Ramon is also a Certified Irrigator. Sergio Torres - Area Manager Sergio has been employed with CLS since 2000 and has over 10 years experience in this industry. Sergio is in charge of day -to -day operations in his geographical area that includes over 25 projects. Shop and Fleet Management Layne Barry- Inventory Control Manager/Fleet Manager Layne has been employed with CLS since 2003 and oversees the purchase and repair of all tools and equipment. CLS Lan JSCape Meaag emenl, Ina License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628 -3005 (800) 894 -9696 Fax: (909) 464 -1021 www.clslandscape.com Corporate Office Staff Leslie Lodahl - Office Manager Leslie has been employed with CLS since 2003. Leslie works closely with our Chief Financial Officer Laura Hansen to oversee all aspects of the Office Administration. Leslie also works with the Tree Division Manager and the Construction Manager to schedule tree and construction work and assistant to Senior Vice President. Yolanda Vega- Human Resources Yolanda has been employed with CLS since 1999. Yolanda is in charge of processing payroll and assists Laura Hansen, our Chief Financial Officer, with Human Resources. Jan Savvy- Senior Quality Control Manager Jan has been employed with CLS since 2000. Jan is in charge of quality control that includes monthly inspections and reports to our clients. Jan is also the Chief Editor to our quarterly newsletter and assists our Vice President Pat Strohman with Marketing. Gloria Flores- Office Assistant Gloria has been employed with CLS since 2005. Gloria assists with all aspects of front desk duties, including answering phones and processing and dispatching service requests from our clients. Andrea Chavez -Office Assistant Andrea has been employed with CLS since 2007. Andrea processes all bids, assists with answering phones and various other duties. Katie Potter - Office Assistant Katie has been employed with CLS since 2007. Katie assists with all aspects of front desk duties and also assists on collection. Sandra Flores — Quality Control Manager Sandra has been employed with CLS since 2007. Sandra assists our Senior Quality Control Manager Jan Savvy with quality control that includes monthly inspections and reports to our clients. CLS promotes continuing education for all employees. We believe investing in our employees is the key to a prosperous future. CLS is always looking for qualified personnel. As a result, we routinely advertise for recruitment in La Opinion, the LA Times, and local newspapers. Landscape Management, Inc License No. 650883 4711 Schaefer Ave. Chino, California 91710 Phone: (909) 628-3005 (800) 894-9696 Fax: (909) 464 -1021 www.cislandscape.com Management staff continued Ramon Tovar- Area Manager Ramon has been employed with CLS since 2001. Ramon oversees day -to- day operations in the City of Upland. Ramon is also a Certified Irrigator. Sergio Torres - Area Manager Sergio has been employed with CLS since 2000 and has over 10 years experience in this industry. Sergio is in charge of day -to -day operations in his geographical area that includes over 25 projects. Shop and Fleet Management Layne Barry- Inventory Control Manager/Fleet Manager Layne has been employed with CLS since 2003 and oversees the purchase and repair of all tools and equipment. CLS Landscape Management, Inc. References Sunnymead Ranch Property Owners Association Diane Pitchers, General Manager - -(951) 924 -2249 23600 Sunnymead Ranch Parkway Moreno Valley, CA 92557 70 Acres —CLS Client Since 2001 Four Seasons Homeowners Association 29750 Willows Avenue Murrieta, CA 92563 Euclid Management Co.- (951) 461 -0072 10 Acres —CLS Client Since 2003 The City of Upland Roger Barber (909) 931 -4230 460 North Euclid Avenue Upland, CA 91785 80 Acres —CLS Client Since 1998 Riverwalk #9 Homeowners Association Ruth Ramirez, Association Manager — (626) 967 -7921 Collette and La Sierra in Riverside 15 Acres —CLS Client Since 2002 Creekside Village West Homeowners Association Nancy Martin, Association Manager - -(909) 3 99-3 101 Haven Avenue and Creekside Drive in Ontario CLS Client Since 2003 Corona Ranch Properties Homeowners Association Melissa Jaffe, Association Manager —(909) 981 -4131 Hidden Valley and Village Loop in Corona 30 Acres —CLS Client Since 2002 CLS Landscape Management, Inc. CLS Landscape Management, Inc. proudly maintains over 200 Homeowners Associations, cities, school districts, business parks and municipalities. We have been serving the indus- try since 1983. We pride ourselves on our prompt service and attention to detail. Our team of experienced staff members enables us to maintain long -term relationships. CLS Awards ♦ 2001 National Arborist Association Award ♦ 2002 California Landscape Contractors Association Beautification Award All vehicles proudly display the CLS company logo. Hillside Community Church, Alta Loma 2002 Beautification Award from CLCA Reference —Pat Malloy (909) 292 -3284 CLS Landscape Management, Inc. Arborist Division • Certified Arborists • Licensed and Insured • Tree Plans and Evaluations Z 3;. x a3U8d�+'. 0 �.4 CLS Landscape Management, Inc. Green Waste Recycling CLS Landscape Management, Inc. is a 100% green waste recycling company. We use all of the green waste that is removed from our properties to produce landscape mulch that we make available to all of our clients. Everything removed from our properties is recycled and redistributed back onto our associations, cities and school districts throughout the Inland Empire. The Beast 3680 built by Bandit Industries was designed for green waste recycling and it is outfitted with a 575 horsepower diesel engine that drives a cutter drum measuring 30" high x 60" wide with 60 cutter bodies mounted to it turning over 8,000 rpm. It can take a 10" by 20' long tree and reduce it to a fine mulch in a matter of minutes. 100% Green Waste Recycling HAVEN MANAGEMENT 2151 Convention Center Way, Suite 222 — Ontario, CA 91764 Phone (909) 937 -7199 — Fax (909) 937 -7199 July 31, 2007 RE: Letter of Referral To Whom It May Concern: CLS Landscape Management currently provides the monthly maintenance at Independence at Terra Vista HOA in Rancho Cucamonga, Sandstone HOA in Mentone and Etiwanda Estates HOA in Rancho Cucamonga. The board interviewed many contractors for these accounts. All of the boards expressed the same concern in regards to emergency response time and property evaluations. It is one thing to provide a professional bid packet but it is another to deliver on that and CLS Landscape Management does. They are professional, their emergency service is the best in the industry, they are fair, and they provide preventative maintenance plans to overall reduce costs at the same time providing a level of service that has exceeded our expectations. Needless to say we are very pleased with their work. The Associations mentioned above have never looked better. As an account manager I have worked with CLS Landscape Management for many years. I highly recommend them for any landscape maintenance needs your community may have. Feel free to call me at any time if you have any questions. Sincerely, C� (-� L�_ Nadine Gump, Ha` Account Superviso PROPERTY SURE KARE August, 2007 TO WHOM ff MAY CONCERN: CLS Landscape Management has been performing work for numerous of our Homeowner Associations for many years and their expertise shows in every job. They are honest, straight forward, and professional in all aspects. We highly recommend them to perform any and all tasks they endeavor. We have personally known this Company in excess of twenty years. Should you have any questions regarding their service, please do not hesitate contact our office. Sincerely, ley N. P r, Certified Community Association Manager I DATE 7 -24 -07 , TO Whom it may c€ancerrt FROM MAINTENANCE SUPERVISOR (MIKE MILLER) SUBJECT: CLS Services Arcadia Unified has contracted with CLS since 2000 to provide landscape services I the District, along with their landscaping services, which are fanta tic, we have all of our tree Lt irnming and removal with them and during this time 1 have Itad the privilege to work with Lucas Mitchell in the Tree Department. Lucas has always given n prompt service from emergency call -outs to meeting with me on a whirr and n provid me with a speedy proposal to trirr+ a school Along with, the proposal, Lie will m ini sure that all tree trimming is done cone r3ien't to the district so as to provide m or llo interruption to the schools, a very tough thing to do It's been a grea working relationship with CLS these past seven years. Make Miller (M-aintenance Supervisor) n Ph# (626) 7 55 -7098 A "�� 1 ucIid _ —.. (A �mpans:. July 25, 2007 CLS Landscape Tree trimming Services To Wh, -,,n It May Concern; CY �y,�C.Eijp, yT ANNNER 1986 - 2006 I have � with CLS °s Tree Trimming Team through oLlr isomeovviaer associations for the last 5 years. They have repeatedly excelled in there professional skills in trimming the various species of trees Boards of Directors and homeowners have complemented their work repeatedly. They are Fast tt, resolve corr)piaint's frorn homeowners that o ccur during the tree trimming Process. f +� OJlf -J recOMmend to any Board of Direct (-)r to obtain a proposal From C,LS fur their services. Sincerely, t .F Dana Mathey Division Manager July 16, 2007 To Whom It May Concern Re, Recommendation for Lucas Mitchell - CLS Landscape hrc. MY name is Rick Ruth and I a_rn a Certified Senior Association Manager for Euclid Management Company I have bee in the CID Industry since 1999 managing Homeowner Associations made UP of Condoaninit>rr,s, Single - Family Ilomes and Lrzdust-ial Parks I have worked with Lucas Mitchell since early 2000 as be has provided my Boards with Proposals for tree titmning, removals, and yearly maintenance. CLS has been a "preferred" landscape & tree vendor because of many factors, some of which are listed below; a Lucas is a "Certified" Arborist which means he has special training in all aspects of tree maintenance • CLS has a separatc Tree Div sion which Micas is the Supervisor of and their crews are diligent, and provide the exact service the customer needs • The crews are also one of the few companies that Practice "Tree Rescue "' drills on a emergency regular basis f , ey are equipfed to rescue t_b_ei -r own people in the event of ap Lucas and CLS provide training and educaiion to our Managers o,; a regulaj basis to help us work together for the comrr_on goal of managing the associations in an efficient manner when it comes to landscape and free r aair_tenance. To gave yo u an example; f 11181 had an emergency last We i ai my association, Orchard Meadows in Rancho Cucamonga We had a main water line feeding 4 buildings Will, water. Tree roots from a 60 foot Sycamore tree nearby caused the PVC It De to compress and the meter box began flooding the complex ai a rate of 5 gallons per minute [called it to CLS at 4:00 p.m and they dispatched an Area Supervisor to determine the situation. The decision was discussed among several Board members and at about 6 they agreed with CLS to have the tree removed due to how close it was to the rest of the pipes Upon a quick trip to their yard to get the proper equipment, the tree crew stayed till 10:00 p M to cut the tree down and remove the debrs. They Prori3ptiy a ived the ne3ci morning and began g''nding the slum; Our pluttr bar were able to Make the repairs and vraw was restored by I i :00 the next day CLS was instrutrental in getting this emergency resolved quickly so the impact on the residents was Minimal @ highly recommend Lucas and CLS to anyone who is looking for a qualified tree specialist Sincerely, Rick Ruth, CLAM —Euclid Management Company ci -I I I I 1l_) Auq�j-st 22, 2007 F 381 strohmaul 471 Avefju=- CA 9 1 M fit Ghha ,,mi p v"Anks e-lk "A"91h vadouS q'l A "Interullvily # 44i,s is all Opporb mfty avio �)e, _jV rtreLO CRY, o Hifis a sat VIAM bo, � pioq ,, Del), oo Yillh IASI ?173 e, c lc re O!orpll, a - n wa- -) �07 PFao 89 q August 2, 2007 RELAY FOR L11 America Cancer J Society CLS Landscape Management, Inc. Attn: Pat 4711 Schaefer Ave. Chino, CA 91710 Dear Pat, On behalf of Relay for Life - Upland, we gratefully acknowledge your kindness and generosity in your donation of yellow flowers in support of " Huffin' and Puffin' For Team Upland" at our Annual Relay for Relay for Life - Upland, held at Magnolia Park on June 2 & 3 2007. The flowers were used not only as beautiful landscape d@cor in front of the pig's house (we had three little pigs, a big bad wolf and brick house made to support our theme of "blowing" cancer away), but they were also given to cancer survivors to be planted in memory of their survival. Due to your generosity, we were able to have Relay for Life in the City of Upland - the City of Gracious Living a we are able to further our mission in eliminating cancer as a major health problem by preventing cancer, saving lives, an d diminishing suffering from cancer through research, education, advocacy and service. Again, thank you for your generous support to the American Cancer Society/Relay for Life. It means the world to me and to all individuals that have been affected by cancer. Sincerely, Stacey Guzman Relay for Life Chair American Cancer Society Tax ID #: 94- 1170350 April 20. 2007 1 1 ER OT Ft ND A TWO IN Whims it 11 Ork me Q " ' S t an ls cn p e "' I ?jlc soave 1992 S Uwe ituil (stil My h4ve prui B'd OWS?�i cumnumo b"Ons (IS La g 1 " " P e s ""' 10 11 )t'Uy Of -Iny associalioris qr udscape P'lanu has alwayn provided a professiona! knondedgeno arid'! Ukpeiienced s start , that is grual I , .,, ,, Q h is my to pro, i th j of behafl, it i Ch Co obl Lluc,�h;j f0cphoro ju " u h,, h, You May Coninct )III al the Sincerely. fhrecu o f DevPj()per CEMETERY August 6, 2007 To Whom It May Concern: The Pomona Cemetery has been doing business with CLS Landscape Management since 1999. They do an excellent job of maintaining the many species of trees we have on the cemetery property. They have also given us outstanding service. Due to the nature of our work they have responded at a moments notice when we have had an emergency. Their Tree Trimming Manager, Lucas Mitchell is a wealth of knowledge and his expertise is appreciated. It has been our pleasure to work with CLS and I would highly recommend them. Sincerely, % ` � Melody Baxter General Manager CREMATORY MAUSOLEUMS rni 11MRARrnm July 18, 2007 To Vdhorn It May Concem I have } €en working with CLS Landscape and Lucas Mitchell of the tree division for the past threw years I would highly recommend CLS for your landscaping needs flue to their excellent "ality of work and quick response time, not only in emergency situations, bui with €veryday o €eds as well IF you have any questions .regarding this recommenoatior {Tease feel free to contact my office at (909) 931 -4131 i Kelly Larson Property Manager k €IIy @ € L!r li.drrianagement. Corr, April 16, 2007 To Whom It May Concern; I have been working with CIS over the past several years. Thek o dscepe Manage ten; Inc. on several of n t dd O i why I would stronglyreoommend them fo landscape or free maintenance You may have. I can be reachcd at (909) 981 -4131, should you have any questions. ACORD CERTIFICATE OF LIABILIT INSURANCE PRODUCER (530) 668 -2777 THIS CERTIFICATE IS ISSUED AS Armstrong & Associates Insurance Services ONLY AND CONFERS NO RIGHTS icense # 0650501 HOLDER. THIS CERTIFICATE DOE .O. Box 1270 ALTER THE COVERAGE AFFORDE (Woodland, CA 95776-1270 INSURERS AFFORDING COV ERAGE INSURED CLS Landscape Management, Inc. DIS URERAGolden Eagle Insurance 4711 Schaefer Avenue Chino, CA 91710- I NSURERS: Scottsdale Insurance Con CLSLAND -01 HASF OATE(MM/ODIYYYYJ 12/22/2006 TER OF INFORMATION THE CERTIFICATE AMEND, EXTEND OR rHE POLICIES BELOW. I NAIC 4 THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY H AVE BEEN REDUCED BY P AID CLAIMS. IN 9R O '- - LT f POLICY —NUMBER POLICY EFPECTIVE POLICY EXPIRATION 1 _,,,,.,�_ VZITEUAN��X. D E( D 1 - - LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A I X COMMERCIAL GENERAL LIABILITY CBP8534398 11/1/2008 111112009 pgEMIS�Eaocwrerc �_ s 500,00( __ CLAIMS MADE � OCCUR MED EXP (m y one P S 10,00( PERSONAL B AOV INJURY $ 11000,000 GENERALAGGREGATE s 2600,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPJOP AGG S 2,000,00 X POLICY I PRO- I LOG AUTOMOBILE LIABILITY A ANY AUTO BA8536598 11/112008 11/1/2009 COMBINED SINGLE LIMIT (Ea aalderd) S 1,000,000 X _ ALL OWNED AUTO$ BODILY WJURY S - SCHEDULED AUTOS (Per person) HIRED AUTOS BO NON-OWNED NONWNED AUTOS (Per amw aaidenU PROPERTY DAMAGE S '-' — (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIOENT $ OTHER THAN EA ACC $ ANYAUTO S AUTO ONLY: AGG ESSJUMBRELLA LIABILITY EACH OCCURRENCE S 1,000,000 B OCCUR CLAIMSMADE XLS0055226 11/1/2008 11/1/2009 AGGREGATE $ 1,000,000 k DECUCTISLE RETEN TION S 10,000 - S WORKERS COMPENSATION AND X WC STATU- OTH TORYLMRTS ER C EMPLOYERS' LIABILITY XACRUSS316YO5408 4/1/2008 4/1/2009 1,000,000 ANY PROPRIETOR/PARTNERJEXECUTIVE E.L. EACH ACCIDENT S E.L. DISEASE EA EMPLOYEE 5 1,000,000 OFFICER(MEMBER EXCLUDED? i II yea, describe colder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 OTHER DESCRIPTION Of OPERATIONS I LOCATIONS /VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ' 10 day notice of cancellation will apply for non - payment of premium" ert holder is added as an additional Insured regarding general liability per CG2010 07/04 attached. Workers Comp waiver of subrogation a pplies per endorsement to follow. 25 (2001108) L'AINSrCLLA 1 IV - N SHOULD ANY OF THE ABOVE DESCRIBED POLcIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO MALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES - AUTHORIZED REPRESENTATIVE M ACORD CORPORATION 1988 State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE C n u h6ai�e w.r,,.wmro, 650883 CORP C L S LANDSCAPE MANAGEMENT INC C27 06 /D49 B A "° ^ ° °^ 07/31/2010 ZZ 1�1 00 CK) t4 C2 Oh C9 N oj 00 CK) t4 ,c3 ra Qj Q� t v b °s �a Q3 G } r a d cyl d � Ci N nl C� o N m J . � N r ZiJ y w n cc w H� w� a� on � z� a zx x� z� O H x v � N � z V � +r y w F, v7 •� U a + a, O v � a � A o ao 0 N � r a W a) � v � C erS �V v � VA (� 44 w H� w� a� on � z� a zx x� z� O H x v � N � z V � +r y w F, v7 •� U a + a, O v � a � A o ao 0 N � r a W Wary Arch WWarmerdan Oireetnt POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICE IS NOT TRANSFERABL ANY CHANGE IN OWNERSHIP REQUIRES,A IlTW LICE SF PUBLIC WORKS DEPARTMENT /ENGINEERING DIVISION CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT BID ANALYSIS ATTACHMENT 3 January 28, 2009 N OW R dtfid , tqtifiiiw .f 0661 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 !CLE ARING AND GRU BBING I LS $ 8,550.00 $ 8,550.00 2 DISPOSAL OF WASTE MATERIALS 1 LS $ 2,780.00 $ 2,780.00 3 FURNISH AND INSTALL 24" BOX EUCALYPT TORQUATA 29 SF $ 275.00 $ 7,975.00 4 FURNISH AND INSTALL 5 GAL. SHRUB CISTUS RO CKROSE FURNISH AND INSTALL 5 GAL SHR ECHIUM CANDICANS 34 46 EA EA $ 14.40 $ 14.50 $ 489.60 $ 667.00 5 6 F URNIS H AND INSTAL 5 G AL SHRUBS MU RIGENS FURNISH AND INSTALL 5 GAL. SHR UBS PHORMIUM MAORI QUEEN 31 56 EA EA $ 14.60 $ 18.00 $ 452.60 $ 1,008.00 7 8 FURNIISH AND INSTALL 5 GAL. PLUMBA AURICULATA 14 EA $ 14.75 $ 206.50 9 IFURNIHS AND INSTALL 5 GAL SHRUBS ROSA BAN SKIAE 15 EA_ $ 14.75 $ 221.25 10 :FURNI AND INSTALL 5 GAL. SHRUBS WEST FRUTICOSA 68 EA�$ 14.40 $ 979.20 11 FURNISH AND INSTALL 1 GAL. GROUN ACACIA REDOLENS 68 EA $ 4.30 292.40 FURNISH AND INSTALL I GAL. GROUNDCOVER LANTANA i _$ _ 12 MONTEVIDENSIS 453 EA $ 4.30 $ 1,9 47. 9 0_ 13 FURNISH AND INSTALL FLATS @ 18" O.C. MYOPORUM PARVIFOLIUM 1 260 EA $ 1_4.44 $ 3,754.40 14 !FURNISH AND INSTALL 5 GAL. VINES MACFADYENA UNGUIS CAT] 73 EA $ 14.60 $ 1,065.80 15 F AND INSTALL IRRIGATION S YSTEM 1 LS $ $ 10,827.00 16 (FURNISH AND INSTALL MISCELLANEOUS CONCRETE WORK 1 LS _10,827.00 $ 10,409.001 $ 10,409.00 TOTAL $ 51,625.65 ... ,. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 CLE AND GRUBBING DISPOSAL OF WAS MATERIA 1 ' 1 LS LS $ 17,000.00 _ $ 2,100.00 $ 17,000.00 $ 2,100.00 2 3 ! FURNISH AN INSTALL 24' BOX EUCA TORQU 29 SF I $ 280.00 $ 8,120.00 4 !FURNISH AND INSTALL 5 GAL. SHRUBS CISTUS ROCKROSE 34 EA $ 10.00_ $ 340.00 5 FURNISH AND INSTAL 5 GAL. SHRUBS ECHIUM CANDICANS 46 EA $ 10.00 $ 460.00 6 FURNISH A INSTALL 5 GAL. SHRUBS MUHLENBERGIA RIGENS 31 EA _ $ 13.00 $ 403.00 7 _ FURNISH AND INSTALL 5 GAL SHRUBS PHORMIUM MAORI QUEE 56 EA $ 2 2.00 $ 1,232.00 8 _ FURNISH AND INSTALL 5 G AL. PLUMBAGO A 14 EA _ 10.00 $ 140.00 9 FURNIHS AND INSTALL 5 G SHRUBS ROS BANSKIAE 15 EA _$ _ $ 12.00 _ _ _ $ 180.00 10 FURN A ND INSTALL 5 GAL SH RUBS WEST FRUTICOSA 68 EA $ 10.00 $ 680.00 __... _ 11 __.. FURNISH AND INSTALL 1 GAL GROUNDC ACACIA REDO_LENS 68 EA $ 3_.30 $ 224.40 URNISH F AND INSTALL I GAL. GROUNDCOVER LANTANA 12 MONTEV ! 453 EA $ 2.50 $ 1,132.50 13 !FURNISH AND INSTALL FLATS @ 18" O.C. MYOPORUM PARVIFOLIU_M 260 EA $ 0.35 $ 91.00 14 FURNISH AND INSTALL 5 GAL. VINES MACFADY UNGUIS CAT] 73 EA $ 13 .00 $ 949.00 15 FURNISH AND INSTAL IRRIG ATION S YSTE M 1 LS I $ 21,500.00 $ 21,500.00 16. FURNISH AND INSTALL MISCELLANEOUS CONCRETE WORK 1 LS $ 8,800.00 1 $ 8 TOTAL $ 63.351.90 Page 1 of 2 PUBLIC WORKS DEPARTMENT /ENGINEERING DIVISION CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT BID ANALYSIS January 28, 2009 _ ' ik ITEM DESCRIPTION OTY UNIT UNIT PRICE TOTAL 1 2 CLEARING AND GRUBBING _ DISPOSAL OF W ASTE MATERIA FURNISH AND INSTALL 24 BOX EUCALYPTUS TORQ - FURNISH AND INSTALL 5 GAL. SHRUBS CISTUS ROCKRO_ _ FUR NISH AND INSTALL 5 GAL. SHRUBS ECHIUM CANDICANS _1 1 29 _ 34 46 31 56 14 LS LS SF EA EA EA EA EA $ 17,000.00 $ 500.00 $ 350.00 $ _16.50 $ 16.50 $ 16.50 $ 16.50 $ 16.50 $ 17,000.00 $ 500.00 $ 10,150.00 $ 561.00 $ 759.00 $ 511.50 $ 924.00 $ 231.00 3 4 5 6 7 8 FURNISH AND INSTALL 5 GA L. SHRUBS MUHLENBERGIA RIGENS FURNISH AND INSTALL 5 GAL. SHRUB PHORMIUM M QUEEN FURNIISH AND INSTALL 5 GAL. PLUMBAGO AURICULATA 9 FURNIHS AND INSTALL 5 G AL. SHRUBS ROSA BAN SKIAE 15 EA $ 16.50 _ $ 247.50 _ 10 FURNISH AND INSTALL 5 GAL. SHRUBS WESTRINGIA FRUTICOSA 68 EA $ 16.50 $ 1,122.00 11 FURNISH AND INSTALL 1 GAL. GRO UNDCOVER ACACIA REDOLENS 68 EA $ 7.00 $ 476.00 12 FURNISH AND INSTALL I GAL. GROUNDCOVER LANTANA MONTEVIDENSIS 453 _ _E �I , $ 7.00 $ 3,171.00 13 FURNISH AND INSTALL FLATS @ 18" O.C. MYOPORUM PARVIFOLIUM 260 EA $ 5.00 $ 1 ,300.00 14 FURNISH AND INSTALL 5 GAL, VINES MACFADYENA UNGUIS CATI 73 EA $ 35.00 $ 2,555.00 15 16 1 FURNISH AND INSTALL IRRIGATION SYSTEM .FURNISH AND INSTALL MISCELLANEOUS CONCRETE WORK 1 1 LS LS 1 $ 15,500.00 $ 10,000.00 $ 15,500.00 $ 10,000.00 TOTAL $ 65.008.00 ITEM DESCRIPTION OTY UNIT UNIT PRICE TOTAL 1 CLEARING AND GRUBBING 1 LS $ 7,866.00 $ 7,866.00 2 DISPOSAL OF WASTE MATERIALS _ 1 LS $ 7,866.00 $ 7,866.00 3 IFURNISH AND INSTALL 24" BOX EUCALYPTUS TORQUATA 29 SF $ 194.67 $ 5,645.43 4 FURNISH AND INSTALL 5 GAL. SHRUBS CIST ROCKROSE 34 EA $ 13.52 $ 459.68 5 _ FURNISH AND INSTALL 5 GAL. SHRUBS ECHIUM CAN _DICANS 46 EA _ $ 17.55 $ 807.30 6 FURNISH AND INSTALL 5 GAL. SHRUBS MUHLENBERGIA RIG 31 _ EA i $ 18.72 $ 580.32 7 8 9 FURNIS AND INSTALL 5 GAL. SHRU PHORMIUM M AORI QUE FURNIISH AND INSTAL 5 GAL. PLUMBAGO A FURNIHS AND INSTALL 5 GAL. SHR ROSA BANS _ FURNISH AND INS 5 GAL. SHRUBS WESTRI FR UTICOSA 56 EA EA EA EA $ 28.47 $ - 11.62 _$ 31.10 $ 12.67 $ 3_._72 $ 4.22 $ 11.55 $ 20.70 $ 26,666.00 $ 7,700.00 $ 1,59432 $ 162.68 $ _ 466.50 $ 861.56 $ _ 252.96 $ 1,911.66 $ 3,003.00 $ 1,511.10 $ _ _ _26,666.00 $ 7,700.00 14 15 68 10 11 FURNISH A ND INSTALL 1 GAL. GROUNDCOVER A REDOLENS FURNISH AND INSTALL I GAL. GROUNDCOVER LANTANA MONTEVIDENSI 68 453 EA EA EA EA LS LS 12 13 14 15 16 FURNISH AND INSTAL FLA @18" O.C. M YOPORUM PAR VIFOLIUM FURNIS AND INS TALL 5 GA VINE M ACFADYENA UNGUIS CATI FU RNISH AND I NSTALL IR SYS FURNISH AND INSTALL MISCELLANEOUS CONCRETE WORK 2 60 73 1 1 TOTAL 1 $ 67.354.51 Page 2 of 2 ATTACHMENT 4 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT CONTRACT BID FORMS t BIDDER: Mariposa Horticultural Enter rises. Inc CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE.. SECTION 2 BID DATA FORMS ............................ ............................... 2.A BID BOND ........................................... ............................... 23 LIST OF PROPOSED SUBCONTRACTORS .................... SECTION 3 NON - COLLUSION AFFIDAVIT ........... ............................... 1 5 ................. 6 ................. 7 10 CBF -12 BIDDER: Mariposa Horticultural Enterp Inc. SECTION 1- BID SCHEDULE CBF -0 BIDDER: Mariposa Horticultural Enterp Inc. BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT BASE BID SCHEDULE CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and $8,550.00 $8,550.00 specifications LS 1 2 Disposal of Waste Materials LS 1 $2,780.00 $2,780.00 3 Furnish and Install 24 -Inch Box Eucalyptus Torquata per Plans $ 275 . 00 $7,975.00 and Specifications. Ea 29 4 Furnish and Install 5- gallons Shrubs Cistus Rockrose per plans $14.40 $489.60 and specifications. Ea 34 5 Furnish and Install 5- gallons Shrubs Echium Candicans per $14.50 $667.00 plans and specifications. Ea 46 6 Furnish and Install 5- gallons Shrubs Muhlenbergia Rigens per $14.60 $452.60 plans and specifications. Ea 31 7 Furnish and Install 5- gallons Shrubs Phormium Maori Queen $18.00 $1,008.00 per plans and specifications. Es 56 8 Furnish and Install 5- gallons Shrubs Plumbago Auriculata per $14.75 $206.50 plans and speifications. c Ea 14 9 Furnish and Install 5- gallons Shrubs Rosa Banskiae per plans $14.75 $221.25 and specifications. Ea 15 10 Fumish and Install 5- gallons Shrubs Westringia Fruticosa per $14.40 $97920 plans and specifications. Ea 68 11 Furnish and Install 1- gallon Groundcover Acacia Redolens per $4.30 292.40 plans and specifications. Ea 68 12 Furnish and Install 1- gallon Groundcover Lantana $4.30 $1,947.90 Montevidensis per plans and specifications. Ea 453 CBF -1 BIDDER: Mariposa Horticultural Enterp Inc. TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ 51,625.65 Fifty one thousand six hundred and twenty five dollars and sixty five cents. Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Proiect will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a n bon In the amount of 10% Dollars ($ ) said amount being not less than en percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 13 Furnish and Install Flats @ 18" O.C. Myoporum Paivifolium per $14.44 $3,754.40 plans and specifications Flat 260 14 Furnish and install 5- gallons Vines Macfadyena Unguis Cati per plans $14.60 1,065.80 and specifications. Ea 73 15 Furnish and Install Irrigation $10,827.00 $10,827.00 System Complete per plans and specifications. LS 1 16 Furnish and Install Miscellaneous $10,409.00 $10,409.00 Concrete Work Complete per plans and specifications. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ 51,625.65 Fifty one thousand six hundred and twenty five dollars and sixty five cents. Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Proiect will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a n bon In the amount of 10% Dollars ($ ) said amount being not less than en percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 BIDDER: Mariposa Horticultural Enterp Inc. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted wi'h its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents, Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: _ C Signature Terry Noriega Type or Print Name President title BIDDER: Mariposa Horticultural Enterp Inc. 15529 Arrow Hwy Business Street Address Irwindale, CA 91706 City, State and Zip Code (626) 960 -0196 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): #592268 C -27 A C61 NOTES: 1) 2) 3) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, nartnershiu or ioint venture has the authority to do so. 0 CBF -4 BIDDER: Mariposa Horticultural Ente rprises. Inc. SECTION 2 BID DATA FORMS CBF -5 BIDDER_ Mariposa Horticultural Ent erprises, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shalt ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A 131n BOND KNOW ALL MEN BY THESE PRESENTS: THAT Mariposa Horticultural Enterprises, Inc. as as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Total Amount Bid ($ .1 U-/0 ), being not less than ten percent (90 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Ramona Boulevard Beautification Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated January 28th, 2009. NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the mannerrequired by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, fumisltes the required bonds (one to guarantee faithful performance and the otherto guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full foroe and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred bythe OWNER in such suit, including reasonable attomeys'fees to befixed by the court. SIGNED AND SEALED, this 23rd day of January 2009 Mariposa Horticultural Enterprises, Inc. First National Insurance ($EAt,} Company of America (SEAL) Principal Surety By. Si ature By: a� f g to e Jeffrey R. Gryde, Attorney -in -Fact CBF,6 Jurat State of California County of Los Angeles On , January 28, 2009, before me, Terry Norlega President — Mariposa Horticultural Enterprises, Inc., Subscribed and sworn to (or affirmed) before me on this date, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. Signature ' ✓ ' R. Austin — N tary Public # 1548325 R. AUSTIN (Seal) b COMM. # 1548325 NOTARYPUSLIC- CALIFORNIA o N LOS ANGELES COUNTY My Comm. Expires JAN .29, 2009 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9392 First National Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98164 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ******"""**"*"**"*****"***.* "'*JEFFREY R. GRYOE; Costa Mesa, Its true and lawful attomey(sym -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duty executed by Its regularly elected officers at Its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents thi 19th dayof January 2009 ,�cr'�1 � 4 i�"��tt4�o-�.r -r,t �t,t..t)•:�'i� Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA; "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 sumy operations, shall each have authority to appoint Individuals as attorneys -in -fact or under other appropriate floes 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 seat, 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 FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 26,1970. "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- attomey appointment, executed pursuant thereto, and (Fit) 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 afacsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL 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 this corporation, 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 Attorney are 9011 In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of January 2009 * Rrk1l Dexter R. Legg, Secretary S- 10491DF 1109 Safecc@ and the Safem logo are registered trademarks of Safeco Corporation, WEB PDF State of California l County of LQ,1_ Ji On January 23, 200' Date personally appeared CHRISTINE JANE THATCHER •'m • .. .' Co mmisslon # 1716548 Notary Pubilc - Callf0mla : Los An gelesCounty £ Wcomm •IresJan26.2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(4 is /are subscribed to the within instrument and acknowledged to me that he /she*ey executed the same in his /heh4heir authorized capacity(ies), and that by his/hah4heip signature() on the instrument the person(W, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand arff official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signers Name: • Individual ❑ Individual • Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — El Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact • Trustee Top of thumb here ❑ Trustee Top of thumb here • Guardian or Conservator ❑ Guardian or Conservator • Other: ❑ Other: Signer Is Representing: Signer Is Representing: z 02007 National Notary Association- 93500a Soto Ave., PoBox 2402 -Chatsworth. CA 91313 -2402• vmw.NatiomalNotaryorg Item #5907 Reorder.CellTol4Ree 1800- 87"827 23 LIST OF PROPOSED SUBCONTRACTORS BIDDER: Mariposa Horticultural Enterpr Inc. In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that itwill allow Bidders twenty -four (24) additional hours afterthe deadline for submission of bids to submit the information requested by the Owner about each subcontractor, otherthan the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: Mariposa Horticultural Enterprises, Inc 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ['"Duplicate Next 2 Pages H needed for listing additional subcontractors.") Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: UAU Name and Location of Subcontractor Name: Address; Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Name and Location R Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted BIDDER: Mariposa Horticultural Enterpr Inc. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1 City of Arcadia Police Station 240 W. Huntington Dr. Arcadia, CA 91723 Name and Address of owner Tim O'Hara (626) 974 -7600 Name and telephone number of person familiar with project $600,000.00 Landscape Construction 2004 Contract amount Type of Work Date Completed 2 Covina High School 519 E. Bodillo Covina, CA 91723 Name and Address of Owner Herman Whitney (626) 974 -7600 Vame and telephone number of person project $185 Landscape Construction September 2002 Contract amount Type of Work Date Completed 3 Mt. San Antonio College 1100N. Grand Avenue Walnut, CA 91789 Name and Address of Owner Caryn Cowi (909) 594 -5611 Name and telephone number of person familiar with project $1.5 Million Landscape Construction Current Contract amount Type of Work Date Completed 4 Burbank Water and Power 110 Magnolia Ave. Burbank, CA/ Name and Address of Owner John Cassid (818) 238 -3656 Name and telephone number of person familiar with project $ 1 Million Construction 2005 Contract amount Type of Work Date Completed CBF -9 BIDDER: MmKIPOso.1 -1 urol 64013 risa.I4c. SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER: Mariposa Horticultural Enterp Inc. NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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; andi 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature U Terry Noriega Typed or Printed Name President Mariposa Horticultural Enterprises Inc. Bidder Subscribed and sworn before me This 28th day of January 2009 Notkry Plublid in and for the State of California My Commission Expires. - /=2 ^° (Seal) R. AUSTIN - COMM- # 1548325 ° NOTARYPUBLIC- CALIFORNIA o LOS ANGELES COUNTY Niy Comm. Expires JAN.29, 2009 CBF -11 BIDDER: Fltw ` 0sww T SECTION 9 - BID SCHEDULE CBF -0 BIDDER: ExtAPID.S~ AJC LA -NPS•. BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT BASE BID SCHEDULE CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and 17 17, specifications LS 1 00 000, 2 Disposal of Waste Materials LS 1 SDO. SOO • — 3 Furnish and Install 24 -Inch Box Eucalyptus Torquata per Plans _ A) /0 and Specifications. Ea 29 4 Furnish and Install 5- gallons Shrubs Cistus Rockrose per plans and specifications. Ea 34 5 Furnish and Install 5- gallons Shrubs Echium Candicans per 9� • � plans and specifications. Ea 46 6 Furnish and Install 5- gallons Shrubs Muhlenbergia Rigens per plans and specifications. Ea 31 7 Furnish and Install 5- gallons 7 L�• Shrubs Phormium Maori Queen /y•-�- per plans and specifications. Ea 56 Y 8 Furnish and Install 5- gallons Z3� Shrubs Plumbago Auriculata per plans and specifications. Ea 14 V ,' 9 Furnish and Install 5- gallons Shrubs Rosa Banskiae per plans and specifications. Ea 15 10 Furnish and Install 5- gallons Shrubs Westringia Fruticosa per �/ /ZZ,� plans and specifications. Ea 68 11 Furnish and Install 1- gallon Groundcover Acacia Redolens per a� 1 i f A,� — plans and specifications. Ea 68 12 Furnish and Install 1- gallon Groundcover Lantana Montevidensis per plans and / -3 1 171, specifications. E 453 CBF -1 "p- Wqi-3 Z CMP I*14 BIDDER: 2M W-r- �L SGP TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Project will be awarded on Base Bid Schedule Attached hereto is a c rtified check, a cashier's check or a bid bond in the amount of ars ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Ownerfor execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST h and Install Flats @ 18" Myoporum Parvifolium per and specifications Flat 260 . 0 . — h and Install 5- gallons Vines r dyena Unguis Cat! per plans ecifications. 2 Z sss.— Ea 73 , 5 7 . — h and Install irrigation Complete per plans and ications. LS 16 Furnish and Install Miscellaneous Concrete Work Complete per plans and specifications. )00, — LS TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Project will be awarded on Base Bid Schedule Attached hereto is a c rtified check, a cashier's check or a bid bond in the amount of ars ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Ownerfor execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 } -Y (L UFIJp�G�AP7�•1 1 N BIDDER: */q PI"-P�E �ly'� r•`�L�� The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted w! +h its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: Sig a ure Je L o-W d f Type or Print Name N1 1 6C P 1f5 %c(p�ry� Title Bidder's /Contractor's State of Incorporation: Partners or Joint Venturers: Fy2 "- )J.G61W1N,q IAJC- BIDDER: Pffm-5L** Business Street Address j ek'dWI✓) T6W) - C A T IM City, State and Zip Code (oz(,•ZIN- 9323 _ Telephone Number CA-L 14:- - O�1A Bidder's License Number(s): 4 NOTES: 1) 2) 3) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 BIDDER: PM Y(enc SECTION 2 BID DATA FORMS CBF -5 BIDDER: U- l."t>5(,OtR I /PJ(- IVA Prime Bidder shall submit its Bid data in accordance with the format shown on each bf the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: FYR LANDSCAPING, INC. dba THAT PIERRE SPRINKLER AND LANDSCAPE Principal and INSURANCE COMPANY OF THE WEST as as Surety, are held firmly bound unto the CITY OF ROSEMEAD {hereinafter called the OWNER) in the sum of *Ten Percent (1.Oo1 of the Total Amount of the Bid* 10 9 1 being not less than ten percent (10 %) of the Total Bid Price, the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Ramona Boulevard Beautification Project as set forth in the Notice Inviting Bids.and accompanying Bid Documents, dated January 2 8 2 0 0 9 . NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Docuri�ents, enters into the written form of Contract bound with said Bid Documents; furnishes the required bonds (one to guarantee faithful performance and the otherto guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond bythe OWNER andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 28th. day'of January , 2009 FYR LANDSCAPING, INC. dbaPIERRE INSURANCE COMPANY - SPRTNKTFR A g1 TAN SCARR (SEAL) 12 THE /WEST Pnncrp al - - - c:,..,�., _ — By: By: g atura J Lowden vice President Greg fXettingkr/ Attorney -In- act D.O.I. License No OB526551 CBF -6 State of California County of kos &ise C5 / On 1�Z "� before me, Date Name NkV title of Officer (e.g., "Jane Doe, Notary Public") personally appeared n iepersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name�%) is / to the within instrument and acknowledged to me that he%ggedhey executed the same in his /lterAAeir authorized capacity(jae), and that by his/per#keir signatures} on the instrument the person*, or the entity upon behalf of which the person(Wacted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above I 6 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 13f e 6UVn ej. Document Date: I — Z8 —0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact InKagaLwillm ❑ Trustee I Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: II Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGH OF GP SIGNER 0 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder- Call Tall -Free 1- 600 -876 -6827 STATE OF Colorado COIJNI'Y OF Denver I SS. On January 28, 2009 ,before me, Margaret A. Rosa PERSONALLY APPEARED Gregory Hettinger 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 acknowl- edged 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. Signature � _ Marg�re A. Rosa Notary P lic State of Colorado My Commission Expires 9.21.2011 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIILE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 99 ATTORNEYAN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER:_ This men for Official Notarial Seal DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT .SIGNER IS REPRESENTING: NAME OF PERSON(S) oR ENTRYIIES) INSURANCE COMPANY OF THE WE _INTERNATIONAL FIDELITY INSURANCE SIGNER(S) OTHER THAN NAMED ABOVE r 1II-081 Rev. 6194 ALL- PURPOSE ACKNOWLEDGEMENT No. 0004771 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint GREG HETTINGER their true and lawful Attorney(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. -� E4 G4PxaY ee ( , o INSURANCE COMPANY OF THE WEST AA r a EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY _J� CA7�d Jeffrey D. Sweeney, Assistant Secretary ` /✓f `/ State of California } ss. County of San Diego J. Douglas Browne, Senior Vivo President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who 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 they executed the same in the authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. MARY CM 000AM. 4H602390 NOTARY PUBLIC- CdIOWNIII W SAT! DIEGO COUNTY A W COmmissiDnEY43 u ri m SEPTEMBER20:4009 Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s )-in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." Wa1 Y �B L the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set myhand this 28th dayof January 2009 Jeffrey 1 Sweeney, Assistant Secretary To verify the authenticity of this Power ofAttomey you may call 1- 800 - 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. , f7Y ( z- toe. BIDDER: C9A PL_te 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract'Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 t WC BIDDER: 1:vA Pew, �L 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "'Duplicate Next 2 Pages ff needed for listing additional subcontractors.— I Name and Location Description of Work of Subcontractor to be Subcontracte am � Name: ( Address � Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted C� - FW La ik-'j Inc. BIDDER; f Ic bsc 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: f. CL-(21 oF Rat "fie14- M (_ro.roadc {'S 1 99 0 5 FGl rl�oc -& kw'-s C Name and Address of Owner 9A , ?M &61- umber of person familiar M.qlSbOD. 0 1r0-t Coact amount Type of ` 2. AACT t &YkA, US� ` t/TS_ U Cri1e I8 6rT Name and Address of Owner 6 La Gy rv-o(c..Lro 14-c, 71+ L480. 53-1 Name and telephone number of person familiar with project Contract amount Type of ( nx Date Completed s. cd2 0 F 'lour. -al - p vwpork- I rcF. S, .l 00) -7o.'V I w-5 Av4, RA Oxnard Name and Address of Owner RAA tp Name and telephone number of person familiar with project I 4 1.Z,34,2j9D. — Llc;- p ¢ IVr, yam'!i I &- '-> '---�> Lb£� Con*act amount I Type of Work Da e Completed 4. (�ftllV.ft VV glo . . tq -400 0Af4l St. Name and Address of Owner —` Te. 60 !ob I- 2-R9 -3:->90 Name and telephone number of person familiar with project 4 147 Contract ount Type of Work M 1 IG Date Cc a 1 1s a$ Date Com CBF -9 . gyp. LAiJvscftP/tl4 iric BIDDER: gV dlG-e--p SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 �y(L �A-n1 iXC�Pi,J � InK.- BIDDER: Pmerc -C `♦-C �eP. NON- COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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 rela thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. re Joe, ow G( tti, Typed or Printed Name V lea, Prre';� Title NK- 414 , ,ce pi M 4 Bidder b FC✓✓K Y(LA)LLo- a�.1 Subscribed and sworn before me This 995 day of UZI U4 20 Oj Notary Public in and for Lisa, Darn the State of California My Commission Expires: 7-I -X010 u� ouanrl LM O& Gommgpon * t6t1 t� bldav VubNe • CgMpNO CcurdV 1 MVC*MM-1FPkWJW14.201 (Seal) CBF - 11 Pierre Sprinkler & Lands Dedicated to gualitp d complete customer satisfaction )e 1icN638989 Corporate Minutes Date: January 2, 2007 Location: 16140 Raymer Street, Van Nuys California 91406 Start Time: 8:00am Completion Time: 8:30am Decisions: Harold Young, being the sole owner of Pierre Sprinkler & Landscaping and serving as the President & Secretary of the corporation, renews the following individuals and their titles as officers and extends their ability to sip on behalf of the Company. Joe Lowden — Vice President of Pierre Sprinkler & Landscape Hai Pr sand Secretary) -- roe L den (Vice President) Visit us at www.pierresprinkler.com 19140 Ravmer Street • Van Nuvs, CA 91406 • Tel: (818) 373 -0023 • Fax: (818) 373 -0056 Jan 27 09 10:04a 6265692303 p.l January 27, 2009. r ±. , CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT NOTICE OF CLARIFICATION TO: ALL POTENTIAL BIDDERS Notice is hereby given that the following information is hereby made to the Proposal Documents, Specifications and Plans: PROPOSAL DOCUMENT AND SPECIFICATIONS 1. The following item shall be included in the Clearing and Grubbing Bid Item # 1. "Contractor shall remove existing soil to a depth of 1' and replace it with Grade A topsoil 2. No base is required under the 3 -inch concrete area. Contractor shall install concrete over 90% compacted native. 3. Contractor shall use schedule 80 PVC pipe for pressure mainline. 4. Depth of drip line tubing shall be between 4" to 6 ". 1 CITY OF ROSEMEAD RAMONA BOULEVARD BEAUTIFICATION PROJECT CONTRACT BID FORMS BIDDER: wai n/i Laud ."� � , Im/- SECTION 1 - BID SCHEDULE BIDDER: On1nA BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT BASE BID SCHEDULE CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and I� 1 11,000. specifications LS 1 2 Disposal of Waste Materials LS 1 '21 Ito- 2) PC). 3 Furnish and Install 24 -Inch Box Torquata Plans 1 Eucalyptus per and Specifications. Ea 29 4 Furnish and Install 5- gallons Cistus Rockrose ��•< Shrubs per plans and specifications. Ea 34 5 Furnish and Install 5- gallons Shrubs Echium Candicans 0- q (ua per plans and specifications. Ea 46 6 Furnish and Install 5- gallons �'7" qcr?2.. Shrubs Muhlenbergia Rigens per plans and specifications. Ea 31 7 Furnish and Install 5- gallons Maori Queen 22 r 1 Shrubs Phormium I Z�J2 per plans and specifications. Ea 56 8 Furnish and Install 5- gallons Shrubs Plumbago Auriculata qq V�-� per plans and specifications. Ea 14 9 Furnish and Install 5- gallons Shrubs Rosa Banskiae per plans and specifications. Ea 15 10 Furnish and Install 5- gallons Shrubs Westringia Fruticosa per plans and specifications. Ea 68 11 Furnish and Install 1- gallon Groundcover Acacia Redolens t{D per plans and specifications. Ea 68 12 Furnish and Install 1- gallon Groundcover Lantana �'�D 11132 Montevidensis per plans and specifications. Ea 453 CBF -1 BIDDER: IV arn l.Fitf A mLe TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ �; J 1`cicl N;vllo� in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Project will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ n ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. ' If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all _ other documentation and certification required by the Contract. CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 13 Furnish and Install Flats @ 18" ?acJ �' O.C. Myoporum Parvifolium per a plans and specifications Flat 260 14 Furnish and Install 5- gallons Vines Macfadyena Unguis Cati per plans and specifications. Ea 73 15 Furnish and Install Irrigation System Complete per plans and specifications. LS 1 16 Furnish and Install Miscellaneous Concrete Work Complete per �,.�,` t (j� o Y J plans and specifications. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ �; J 1`cicl N;vllo� in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Project will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ n ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. ' If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all _ other documentation and certification required by the Contract. CBF -2 BIDDER: Onrmig1I AbAS(Arr, The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section. 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted w ?'h its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 4.1 0 - 7,7-09 0 9 1 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: Signature Vfi 1 b, aVV 6 Type or Print Name Tv *i kYVA Title BIDDER: 1" an la Wa lw/• w B usiness Street Address NMI M CA lair(- City, State and Zip Code Telephone Number Bidder's /Contractor's State of Incorporation: U11�fif !1A Partners or Joint Venturers: h=/ ',�\ Bidder's License Number(s): r, 1 LI YUY. YS Wl N1/th" kl(,' 4" q u vj NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. _ CBF -4 BIDDER: 180;C1YVA `r`MA Vej nL ` J SECTION 2 BID DATA FORMS CBF -5 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Or On JAN 2 6 2009 personally appeared before me, Adel C. Huriterr, Notary Public (Hem insert name and fide of the officer) Matthew J. Coats' who 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 ackndwledged to me that he /she/they- executed the same in his/her /their authorized capacity(ies), and that by his/her /theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signature of Notary Public ADELAIDE C. HUNTER Commission at 1808793 ;< o Notary Public • California ' Orange County (Notary seal) M Comm. Expires Aug 8 20 12 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a eepar'ate acknowledgment form must be properly completed and attached to Not docvmint The ands exception it ija document is to be recorded outside of Cal(ibema. In such tnrtanees, any alternative acknowledgment owledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that a illegal far a notary in California fix terrifying the authorized capacity of the signer). Please check the document carefndtyjorproper notarial wording and attach this form ifrequired • Stec and County information must be the State and County where the document sigma(s) personally appeared before the notary public for acknowledgment • Date of notarisation most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The rotary public most print his or her name a it appears within his or her commission followed by a comma and then your title (notary public). • Print the rame(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdshdthey,- is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover tad or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must snatch the signature on file with the office of the county clerk. ' d Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. d Indicate tide or type of attached document number of pages and date. 4 Irdicater the capacity claimed by the signer. If the claimed capacity is a corporate officer, Mute the fide (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 version CAPA 02.10.07 800- 873 -9865 www.NotaryClasses.com CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Oranee On before me, Kristen Ness, Notary Public (Here insert tome and title ofihe officer) personally appeared Robert B. Cowan who proved to me on the basis of satisfactory evidence to be the person(4 whose name(o is/ subscribed to the within instromient and acknowledged to me that he/ jjX0y executed the same in hisftdtbift authorized capacitA.0), and that by his/1Mjkegr signature(E) on the instrument the personist, or the entity upon behalf of which the person�§kaeted, executed the instrument. I certify -under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, �3F KRISTEN NESS COMMA IM9770 S y d al seal. {� ; N0T2 PUBUc ![F0RN1A �} I i % ORANGE CPUN14 Y MY CoN.w� rls ACG, 2 6, 2018 a of No Pubtic (Notary Seal) A � ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('Title or description of attached document) (title or description of attached document continued) Numbero£I'ages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ' ❑ Corporate Officer (title) ❑ Partner(s) ❑ Attorney -in -Fad ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any sebmwtedgment completed in California must contain verbiage exactly or appears above in the notary section or a separate acnnowledgmem form must be properly completed and attached to that document The only axcepdan is if a document is to be recorded outside of California In such instances, any alternative acbrowledgmem verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal jar a notary in Califotnis it e. ceit fytng the =homed capacity of the signer). Please check jhe document earefidlyfor proper notarial wording and attach ddrform if required • Slate and County information must be the State and County whom the document signer(s) personally appeared before the notary public freacknowledgment. • Date of notarization must be the date that the slgnor(s) personally appeared which most also be the same date the admowledgmeat Is completed_ • The notary ppbhc must prior his or her name as it appears within his or her transmission followed by a comma and then your title (notarypublic). • Print the name(s) of document signou s) who personally appear at the time of Estimation. • Indicate the correct singular or plural forms by treating off incorrect forme (i.e. ltarshisl4w is /tee) orcircling the covect forms. Failure to correctly indicate this iafomrationmay lead to rejection of document ricording. • The notary seat impression most be clear and photographically reproducible. Impression most not cover tent or lines. If seal impression smudges, re -seal if a su@icient areapemilts, otherwise complete a different aclnowledgment form • Signal= of the notary public most match the signature on file with the office of the county clerk. �+ Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a difforent document h Indicate title or type of attached document, number of pages and date. } Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CFA, CFO, Secretary). • Securely attach this documentm the signed document . 2008yemion CAPAv12 .10.07800.873.9865 www.NotaryClasses.com POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Linda D. Coats, Matthew J. Coats, Timothy D. Rapp and Douglas A. Rapp of Laguna Hills, CA (EACH) its true and lawful Attomey(s )-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth. herein. The Company may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance 4- these presents 'shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. . This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are* hereby certified to by the undersigned Secretary as being In full force and effect "VOTED, That the Chairman of the Board,. the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall havefhe power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts ,of indemnity and other writings, obligatory in the'iature thereof, and any such officers of the Company may appoint agents for acceptance of process." .This Power of Attorney. is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consentof the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of "the Board, the" President, or any Vice President, or their' appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, And certcations by the Secretary, may be affixed by facsimile on. any power of attoingy or bond executed pursuant to the resolution adopted by the Board' of Directors on Mdrch3 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page I of 2 Printed in'U.S.A. BIDDER: Mar l M 10 "` M , I1 ), 2.1B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours afterthe deadline forsubmission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 Name: Address: COT1a_' 1" orlyin lAl'LfkG��' BIDDER: 2.8 LIST OF PROPOSED SUBCONTRACTORS (continued) - ["Duplicate Next 2 Pages if needed far listing additional subcontractors. "] Name and Location Description of Work of Subcontractor to be Subcontracted Name: /Va Sa,66z Wl - C�7 - dn— IA'>L ? /CI otTr'C Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work i of Subcontractor to be Subcontracted Name: Address: COT1a_' BIDDER: Hif IM 101 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: Name and Address of Owner ec-1 m:4 J narfh and Name and telephone number of person familiar with project gq(1.10 CGnd,ic . 03/ISLOY Contract amount Type of Work Date Completed 2. r I/L Name ajd Address of Ow LWYA d CaHuelr ( 331 �04� Ir�)e�t �I� �rJ(mffiF Name and telephone number of person familiar with project ,1, 4 h I ql X10 (mi_rivar & rhfi « - fim Work Date 3. Name 4d/ J hiG1 h Name and t 4. f Owner !.T (q S-3Y "3b3-7 .- number of person familiar with project Ce1,nc�JC�� 'Gl/rlf7�� Type a 4x0,0 (20 (�ndfc4pi; & 9Ut - h - &�u77M- Contract amount Type of Work Date Completed ceaAA / -1W h l ands «o°i) h6e1*11, pYYI�/�1 'W RIMM BIDDER: 1 I//t� U SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER: I" Aria I and,�(Yrl� Zhu. NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, anization, bid depository, or to any member or agent thereof to effectuate a collusiY6 or sham bid. V Ux ri - 6, cnm n Typed or Printed Name Title oat orM ((A Lldfcj Pg1fh c. Bidder Subscribed and sworn before me This day of L OA A aLl ,1 20 09 --r- -p (Seal) ,a KRISTEN NESS COMMA 4689770 l 0 11 ., N07ARY PUBLIC -Oki 0 in and for ORANGE COUNU MY COMN. "I AGG. 26, 2110 the State of California � I i -' My Commission Expires: CBF -11 BIDDER: CONTRACT BID FORMS TABLE OF CONTENTS SECTION BID SCHEDULE ..................................................................... ............................... 1 SECTION BID DATA FORMS ................................................................. ............................... 5 2 .A BID BOND ................................................................................ .............................. 2.13 LIST OF PROPOSED SUBCONTRACTORS_ ..................................................... 7 SECTION 3 NON - COLLUSION AFFIDAVIT..... ... .............. .................................................... 10 r CBF - 12 BIDDER: CLS Landscape Man agement, Inc. SECTION 1 - BID SCHEDULE BIDDER: CLS Landscape Ma nagement, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT BASE BID SCHEDULE NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1 Clearing & Grubbing per plans and specifications LS 1 $7,866.00 $7, 866.00 2 Disposal of Waste Materials LS 1 $7,866.00 $7, 866.00 3 Furnish and Install 24 -Inch Box $194.67 $5,645.43 Eucalyptus Torquata per Plans and Specifications. Ea 29 4 Furnish and Install 5- gallons Shrubs Cistus Rockrose per plans $1 3.52 $459.68 and specifications. Ea 34 5 Furnish and Install 5- gallons Shrubs Echium Candicans per $17.55 $807.30 plans and specifications. Ea 46 6 Furnish and Install 5- gallons Shrubs Muhlenbergia Rigens per $18.72 $580.32 plans and specifications. Ea 31 7 Furnish and Install 5- gallons Shrubs Phormium Maori Queen per plans and specifications. Ea 56 $2g, q7 $1,594.32 8 Furnish and Install 5- gallons Shrubs Plumbago Auriculata per plans and specifications. Ea 14 $11.62 $162.68 9 Furnish and Install 5- gallons Shrubs Rosa Banskiae per plans and specifications. Ea 15 $31.1 0 $466.50 10 Furnish and Install 5- gallons Shrubs Westringia Fruticosa per plans and specifications. Ea 68 $12.67 $861.56 11 Furnish and Install 1- gallon Groundcover Acacia Redolens per plans and specifications. Ea 68 $3.72 $252.96 12 Furnish and Install 1- gallon Groundcover Lantana $4.22 $1 , 911 .66 Montevidensis per plans and specifications. Ea 453 CBF -1 BIDDER: CLS Landscape Management, TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 67.354.51 Sixty Seven Thousand Three Hundred Fifety Four Dollars and Dollar amount in written form Fifety One Cents The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Proiect will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Nine ThousandDollars ($ 500 . )0 ®id amount being not less than ten percent (10 %) of the Total FiM ONi T undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 13 Furnish and Install Flats @ 18" $11.55 $3,003.00 O.C. Myoporum Parvifolium per plans and specifications Flat 260 14 Furnish and Install 5- gallons Vines Macfadyena Unguis Cati per plans $20.70 $1,511.10 and specifications. Ea 73 15 Furnish and Install Irrigation System Complete per plans and $26,666.00 $26,666.00 specifications. LS 1 16 Furnish and Install Miscellaneous Concrete Work Complete per $7,700.00 $7,700.00 plans and specifications. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 67.354.51 Sixty Seven Thousand Three Hundred Fifety Four Dollars and Dollar amount in written form Fifety One Cents The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Proiect will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Nine ThousandDollars ($ 500 . )0 ®id amount being not less than ten percent (10 %) of the Total FiM ONi T undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 BIDDER: Landscape Mana gement, Inc. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted wi`h its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. N/A The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: C Signatu e Pat Strohman Senior Vice President Type or Print Name Senior Vice President Title BIDDER: CLS Landscape Mana gement, Inc. 4711 Schaefer Ave, Chino CA 91710 Business Street Address Chino, CA 91710 City, State and Zip Code 909 - 628 -3005 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 650883 N/A NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 BIDDER: Lan dscape Management, Inc. SECTION 2 BID DATA FORMS CBF -5 BIDDER! CLS Landscape Management, Inc Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are property identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS THAT CLS Landscape M anayement y Inc. as Principal, and International Fidelity Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent (10 %) of the Total Bid Amount DOLLARS being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Ramona Boulevard Beautification Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated lanuary2$ 2009 _ NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 26th day of .lamia" 20 0 CLS Landscape Management, Inc. (SEAL) Inter national Fidel Insurance Company (SEAL) Principal Surety By. By. Signature Signal Stanley J. Matranga, Attomey -in -Fact CBF -6 Tel (973) 624 -7200. POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND /RIDER /CONSENTS /AFFWAVTTS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MATRANGA Carmichael, CA. its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or perrmtted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attomey is executed, and ma be revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws ado led by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or my Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindin upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any bond or undertaking to which it is attached. AT Y I r IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be G l signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. 1PO • p y INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL 904 STATE NEW JERSEY S ir;' p County of f Essex �'JER _* Secretary On this 16th day of October 2007, before me came the individual who executed the preceding mshnment, to me personal]y known, and, being by me duly sworn, said the be is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. /Mp, FjQ� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, /� `i.• �� at the City of Newark, New Jersey the day and year first above written. O NOTAR � PUBLIC � EF A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect —{ IN TESTIMONY WHEREOF, I have hereunto set my hand this )-0 day of Assistant Secretary �I ACKNOWLEDGMENT State of California County of Sacramento On January 26, 2009 before me, S. Matranga, Notary Public (insert name and title of the officer) personally appeared Stanley J. Matranga who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /s heMgey. executed the same in his /ic'' #H,ir authorized capacity¢ies), and that by his /keF/tlhelf signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'S_ /L� -r —ter "_ a (Seal) S. MATPANGII i CgMM #1648824 m 1 Notary Pu4cG08 SACRAMEMOCOUNN My Comm. Fxp. March 30, 2010 rv^ ACKNOWLEDGMENT State of California Countyof Saar � Y14a1i ��tr ) On J Q1'1LIGV 20 'ZOOS before me, � YtoS v / O P WIC - (insert name and title of the officer) personally appeared I ( jp t/ CG aVhs who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CAAL9S ACEVEDO Le Commt $W # 1805406 Notary Public • California Airarswe County My Comes Jul 11, 20112 BIDDER: CLS Landscape Management, Inc. 23 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, otherthan the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: CLS Landscape Man agement, 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) Inc. ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted N/A Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted BIDDER: CLS Landscape Management, Inc. 2. 3. 4. 2.0 The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: See Attached Sheet 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CLS License No. 650883 4711 Schaefer Ave. Chino,California 91710 Phone: (909) 628 -3005 (800) 894 -9696 Fax: (909) 464 -1021 www.clstandscape.com REFERENCES TYPE OF PROJECT DATE NAME AND ADDRESS NAME OF COMPLETED SUPERVISOR LANDSCAPE 98 -2009 CITY OF UPLAND AQUANETTA WARREN MAINTENANCE IRRIGATION WORK ON -GOING 1371 N. BENSON AVENUE 909- 931 -4240 APPROX $481,000.00 UPLAND, CA 91785 LANDSCAPE 2000 -2009 CITY OF ARCADIA PAT MALLOY MAINTENANCE IRRGATION WORK ON -GOING 240 W. HUNTINGTON DR 626 - 256 -6650 APPROX $550,000.00 ARCADIA, CA 91007 LANDSCAPE 2006 -2009 CITY OF CHINO BOB BODIS MAINTENANCE IRRIGATION WORK ON -GOING P.O BOX 667 909- 591 -9883 APPROX $310,000.00 CHINO, CA 91710 LANDSCAPE 2000 -2009 DUARTE USD ERMIAS BITOW MAINTENANCE IRRIGATION WORK ON -GOING 1620 HUNTINGTON DR. 626 - 358 -1191 APPROX $230,000.00 DUARTE , CA 91010 LANDSCAPE 2000 -2009 ARCADIA USD MIKE MILLER MAINTENANCE IRRIGATION WORK ON -GOING 35 W. ST JOSEPH ST 626 - 821 -1435 APPROX $295,000.00 ARCADIA, CA 91007 BIDDER: Landscape Manag ement, Inc. SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 ACKNOWLEDGMENT State of California ` County of SG4 YtnCrfC�T b ) On J O xtc 20 1009 before me, (. �O� #C�'V /�t�� t U' � ✓� /' (insert name and title of the officer personally appeared �C Q yl' 4 L �e� y t g who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CM OS ACEVEDO WITNESS my hand and official seal. C00111W01OD5408 imp NOt1 y Pok • Ct wma fth"I ft County Signature t ( (Seal) BIDDER: CLS Landscape Management, I nc. NON- COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. &//'-� Signature Kevin L. Davis Typed or Printed Name President Title CLS Landscape Management, Inc. Bidder Subscribed and sworn before me This _ day of , 20_ (Seal) Notary Public in and for the State of California My Commission Expires: See Attached CBF - 11 ATTACHMENT 5 CONTRACT AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this day of , 20 by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ( "City') and [insert Name of Company], a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] ( "Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project ( "Services "). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. [insert Name of Company] Page 2 of [insert last page number of agreement] 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and [insert Name of Company] Page 3 of [insert last page number of agreement] other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees [insert Name of Company] Page 4 of [insert last page number of agreement] appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No [insert Name of Company] Page 5 of [insert last page number of agreement] further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurerwill be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. [insert Name of Company] Page 6 of [insert last page number of agreement] 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be [insert Name of Company] Page 7 of [insert last page number of agreement] required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CITY: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation [insert Name of Company] Page 8 of [insert last page number of agreement] the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. [insert Name of Company] Page 9 of [insert last page number of agreement] 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and [insert Name of Company] Page 10 of [insert last page number of agreement] authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] [insert Name of Company] Page 11 of [insert last page number of agreement] CITY OF ROSEMEAD By: City Mayor Attest: [INSERT NAME OF CONTRACTOR] Gloria Molleda City Clerk Approved as to Form: Garcia Calderon Ruiz LLP City Attorney [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 1►F 171-3 Title: 02/08 Documend D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 1 of 9 ATTACHMENT 6 Comprehensive Insight Plus Report for D -U -N -S #: 11 -281 -2896 Small Business MARIPOSA HORTICULTURAL Solutions ENTERPRISES, INC. Report Printed: January 29, 2009 _ 0 Print this report f To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop -dawn menu and select a location for your file. Enter a file name and save the report as a .htmi or .bd file. Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Company Snapshot Business Summary Profile MARIPOSA HORTICULTURAL ENTERPRISES, INC 15529 Arrow Hwy Irwindale, CA 91706 Tel: 626 960 -0196 Fax: 626 960 -8477 www. man posehorticultu rat corn $LOW, 1� D -U -N -S #: 11- 281 -2896 NO j �--+ MARIPOSA HORTICULTURAL ENTERPRISES LET D &B Rating: 1 R2 0 Company State 120 Year incorporated 1989 Year started 1977 Management control 1986 Employees 250 Chief Executive Terry Noriega , Pres S.I.C. 0782 Industry Lawntgarden services This is a single location The Net worth amount in this section may have been adjusted by D &S to reflect typical deductions, such as certain intangible assets. Likelihood this company will not pay on LOW } time over the next 12 months ° _ i Credit Score Class: 2 1 2 3 4 5 Low Moderate High Likelihood this company will experience LOW financial distress in the next 12 months Financial Stress Class:1 'Ix 1111110M r 1 2 3 4 5 Low Moderate High Timeliness of historical payments for ** $LOW, 1� this company NO j �--+ D &B PAYDEX ®: 79 LET 100 0 Anticipates Prompt 30 120 days slow daysslow Industry benchmark: Prompt "Based on 49 trade experiences on file with D &B Payment performance trend over the past 90 days UNCHANGECI D &B offers guidance on credit limits for this company based on its profile as well as profiles of other companies similar in size, industry, and credit usage Get details Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its management NO j �--+ LET Noteworthy special events in this company's file NO Total number of suits, liens and judgments in this company's file 0 W Value of open suits, liens and judgments for this company $0 J Value of open records refers only to 10 most recent filings for each record type. Company Snapshot Creditworthiness Payment History B. Trends Public Filings History & Operations Banking & Finance Creditworthiness Summary https:// smallbusiness .dnb.com/webapp /wcsl stores lservlet[ViewReport?orderltemld = 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 2 of 9 Likelihood this company will LOW D &B Rating: 1R2 experience financial distress in Number of employees: 1R is 10 or more employees, the next 12 months Composite credit appraisal: 2 is good. The 1R and 2R ratings categories reflect company size based on the Likelihood this company will not LOW total number of employees for the business. They are assigned to pay on time over the next 12 business files that sound contain a current financial statement. In 1 R months and 2R Ratings, the 2, 3. or 4 creditworthiness indicator is based on analysis by D &B of public filings, trade payments, business age and other important factors, 2 is the highest Composite Credit Appraisal a company not supplying D &B with current financial information can receive. For more information, see the D &B Rating Key. Default on Payment: Financial Stress Summary Likelihood this company will experience financial distress in the next 12 months Financial Stress Class: 1 sa tom. t 1 2 3 j 4 5 Low Moderate High LOW W..i. Key Factors - 49 trade experiences exist for this company. - Financial Stress Score: 1459 (high risk: 1,001;low risk: 1,875) - There are no financial stress comments for this case During the prior year, firms in this Financial Stress Class had a failure rate of 1.2 %, which is 0.46 times lower than the national average. Financial stress national percentile: 89 (high risk: 1 %; low risk: 100 %) National percentile industry norm: 50 (high risk: 1 %; low risk: 100 %) Payment within Terms: Credit Score Summary Likelihood this company will not pay on time over the next 12 months Credit Score Class: 2 gI 1 2 3 4 5 Low Moderate High LOWW., Key Factors - 49 trade experiences exist for this company. - No record of open lien(s), or judgment(s) in the D &B files. The Credit Score class of 2 for this company shows that 4.6% of firms with this classification paid one or more bills severely delinquent, which is lower than the average of businesses in D &B's database. Credit score percentile: 90 (high risk: 1%; low risk: 100%) Industry norm percentile: 51 (high risk: I%; low risk: 100%) Additional Information Financial Stress Summary - The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. - The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. - The Financial Stress National Percentile reflects the relative ranking of a company among all storable companies in D &B's file. - The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. -All Financial Stress Class, Percentile, Score and Incidence statistics are based on 2004. Credit Score Summary - The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. - The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all storable companies in D &B's files. Company Snapshot Creditworthiness Payment History .& Trends Public Filings History &.Operations Banking & Finance https: // smallbusiness .dnb.com1webapp /wcs/ stores lservlet /V iewReport?orderItemId= 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 3 of 9 Payment History Summary Average payment performance trend UNCHANGED © Company's payment performance over the AHEAD Wj when weighted by dollar amount past 12 months compared with its peers Payment History Overview Payment experiences on file with D &B: 49 Average highest credit: $8,332 Payments made within terms: 44(89%) Largest high credit: $200,000 Amount placed for collections: 0(0%) Highest now owing: $100,000 1 Highest past due: $1,000 Historical Payment Trends: PAYDEX® Average payment performance trend when weighted by dollar amount Last 3 months: Trend is unchanged �- C3UN CHANG E Last 12 months: 2 days beyond terms D &B PAYDEX 79 Industry benchmark: Prompt 100 0 Anticipates Prompt 30 120 daysslow daysslow, Based on payments collected over last 12 months, Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Historical Payment Trends: PAYDEX® Comparison to Industry Company's payment performance over the past AHEAD 12 months compared with its peers This company's 12 -month high: 80, or equal to generally within terms This company's 12 -month low: 77, or equal to 5 days beyond terms WA 24 a0 44 O S4 70 s4 94 194 - This Company ■ Industry Benchmark Shows PAYDEX scores of this Business compared to the Primary Industry hom each of the last four quarters. The Primary Industry is Lawntgarden services, based an SIC code 0782. Payment History Details Date Reported Paying Record High Credit ($) Now Owes ($) Past Due ($) Selling Terms Last Sal) W ithin months 01/09 Prompt 5,000 2,500 50 1 01109 Prompt 250 100 0 �� 1 =01109 Prompt- SIow30 2,500 750 50 PROX 1 i 12108 Prompt 35,000 2,500 0 J� 1 12/08 Prompt 20,000 10 J 0 J� 8 -12 12/08 Prompt i 15,000 0 0 �� 5 -12 https: // smallbusiness.dnb.comlwebapp/wcs/ stores lservletNiewReport?orderItemld = 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 4 of 9 12108 Prompt 1 7,500 250 0 J� 1 12108 Prompt 5,000 5,000 0 1 i 12108 Prompt 5,000 0 � 0 11 12108 Prompt 5,000 0 0 � 1 6 -12 12/08 Prompt 2,500 500 0 �� 1 12/08 Prompt 250 250 0 �� 1 12/08 Prompt 250 250 0 J 1 ' 12108 Prompt -Slow 30 1 5,000 50 50 1 12108 Prompt -Slow 30 1,000 0 0 �� - i 12/08 Prompt -Slow 30 1250 0 10 Net30 2 -3 12/08 Slow 5 250 50 0 Net30 1 12/08 (018) 2,500 2,500 0� 1 12/08 (019) 1750 ( I1 Satisfactory. .. 12108 (020) 250 01 0 �� 4 -5 11108 Prompt 15,000 5,000 0 J� 1 11/08 Prompt 10,000 0 0 �� 1 11/08 Prompt -Slow 30 1500 250 50 1 10108 Prompt 1 10,000 2,500 0 Net30 1 10108 Prompt 12,500 J� I1 :. 10/08 Prompt 250 0 � 0 6 -12 10/08 Prompt 250 250 0 1 10/08 Prompt -Slow 60 12,500 2,500 1,000 1 09/08 :.09108 09/08 Prompt (030) (031) 50 100,000 60,000 - 0 J 0 J 0 � p 0 0 6 -12 6 -12 6 -12 08/08 Prompt 100 J� 1 '.. +07108 07108 06108 i 06/08 05/08 Prompt Prompt Prompt Prompt Prompt 1200,000 500 100 50 50 0 J0 100 100,000 0 0 6 -12 1 1 - 1 '.. 1 05/08 05/08 04/08 Prompt 10 J0 0 1 Prompt 0 J 0 0 �� 1 (040) 150 I I 16 -12 Satisfactory. 02108 `. 02/08 .. 02/08 ,02/08 01108 Prompt Prompt slow 60 Slow 15 Prompt 2,500 100 1.000 250 0 J 500 J� p Net30 16 Ned 0 1 -12 1 4 -5 12/07 12/07 05/07 05/07 Promp 1 Slow 60 Prompt Prompt 750 50 500 250 __.. 1 0 0 0 10 I 0 I6 6 -12 !. 6 1 1 - -12 . _r.. W'.. ..,...,.. no„ w a,v ,m,no y,uuteu. ni some instances payment oeyona reran can ne ine result of dispute over merchandise, skipped invoices, etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. Payment Analysis By Industry Company's dollar- weighted payments listed by the primary industries of its suppliers bttps:// smallbusiness .dnb.com/webapp /wcs/ stores /servlet/ViewReport?orderltemld= 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 5 of 9 There are 49 payment experiences in D &B's fie for the most recent 12 months, with 27 experiences reported during the last three month period. Company Snapshot Creditworthiness Payment History &.Trends Public Filings History &.Operations Banking & Finance Public Filings Summary of Court Actions The following data includes both open and closed filings found in D &B's database on the subject company Record Type Total Received Total Dollar Largest Within Slow 1 -30 Slow 31- Slow 61- Slow 0 (u) Amount ($) High Credit Terns Judgments 60 90 91+ UCC Filings 9 N/A ($) Bankruptcy Proceedings 0 (% of dollar amount) 0 - Industry only and is not the official record. Certified copies can only by obtained from the official source. Short-ten busn credit 5 45,250 20,000 94 6 0 0 0 Nonclassified .4 8,000 5,000 84 16 0 0 0 Telephone communictns 4 900. 500 100 0 0 0 0 Public finance 3 6,000 2,500 83 17 0 0 0 Irrigation system 2 40,000 35,000 100 0 0 0 0 Radiotelephone commun 2 10,500 10,000 100 0 0 0 0 Rat auto supplies 2 5,000 2,500 75 0 25 0 0 Whol electrical equip 2 500 250 25 75 0 0 0 Reg anise coml sector 2 300 250 100 0 0 0 0 Armin economic prgm 2 100 50 100 0 0 0 0 Misc publishing 2 0 0 0 0 0 0 0 Misc business service 1 200,000 200,000 100 0 0 0 0 State commercial bank 1 15,000 15,000 100 0 0 0 0 Hvy const egpt rental 1 10,000 10,000 100 0 0 0 0 Steel wiredrawing 1 7,500 7,500 100 0 0 0 0 Whol auto parts 1 5,000 5,000 100 0 0 0 0 General warehousing 1 1,000 1,000 50 50 0 0 0 Misc general gov't 1 750 750 100 0 0 0 0 Whol service paper 1 750 750 100 0 0 0 0 Whol petroleum prdts 1 500 500 50 50 0 0 0 Mfg cleaning products 1 250 250 0 100 0 0 0 Electric services 1 250 250 100 0 0 0 0 Executive office 1 100 100 100 0 0 0 0 Employment agency 1 100 100 100 0 0 0 0 Who[ durable goods 1 50 50 0 0 100 0 0 Whol farm /garden mach 1 500 0 100 0 0 0 0 Other payment categories Cash experiences 0 0 0 Payment record unknown 4 162,750 100,000 Unfavorable comments 0 0 0 Placed for collection With D &B 0 0 0 Other 0 N/A 0 Total in D &B's file 49 521,050 200,000 There are 49 payment experiences in D &B's fie for the most recent 12 months, with 27 experiences reported during the last three month period. Company Snapshot Creditworthiness Payment History &.Trends Public Filings History &.Operations Banking & Finance Public Filings Summary of Court Actions The following data includes both open and closed filings found in D &B's database on the subject company Record Type Open Records Open Value Total Records Most Recent Filing Date Suits 0 0 0 Liens 0 0 0 Judgments 0 0 0. - UCC Filings 9 N/A 12 0713112007 Bankruptcy Proceedings 0 N/A 0 - Public filing data is for informational purposes only and is not the official record. Certified copies can only by obtained from the official source. https://smallbusiness.dnb.coml webapp /wcslstoreslservletNiewReport?orderltemld= 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 6 of 9 Number and value of open records refers only to 10 most recent filings for each record type, UCC Filings Collateral Type Sec. Party Debtor Date Filed Additional Details All Inventory and proceeds Original WASHINGTON MARIPOSA 11/13/2002 Filing number: 0231960053 - All Account(s) and MUTUAL BANK FA, HORTICULTURAL Filed with: SECRETARY OF proceeds -All General IRWINDALE, CA ENTERPRISES, STATE /UCC DIVISION, intangibles(s) and INC. SACRAMENTO, CA proceeds -All Equipment Latest info Received: 12/09/2002 and proceeds -All Chattel paper and proceeds Unavailable Termination WASHINGTON MARIPOSA 10/19/2006 Filing number: 0670891782 MUTUAL BANK FA, HORTICULTURAL Filed with: SECRETARY OF IRWINDALE, CA ENTERPRISES, STATE /UCC DIVISION, INC. SACRAMENTO, CA Latest info Received: 10/24/2006 Account(s) and proceeds - Original GELCO MARIPOSA 07/21/2003 Filing number: 0320361031 General intangibles(s) and CORPORATION HORTICULTURAL Filed with: SECRETARY OF proceeds - Leased DBA GE CAPITAL ENTERPRISES, STATE /UCC DIVISION, Vehicles and proceeds FLEET SERVICES, INC. SACRAMENTO, CA EDEN PRAIRIE, MN Latest info Received: 08/12/2003 Equipment and proceeds Original CITICAPI rAL MARIPOSA 07/31/2007 Filing number: 0 COMMERCIAL HORTICULTURAL. Filed with: SECRETARY OF CORPORATION, ENTERPRISES, STATEJUCC DIVISION, IRVING, TX INC. SACRAMENTO. CA Latest info Received: 08/0112007 Equipment and proceeds Original CITICAPITAL MARIPOSA 03109/2006 Filing number: 067061914024 COMMERCIAL HORTICULTURAL Filed with: SECRETARY OF CORPORATION ENTERPRISES, STATEJUCC DIVISION. IRVING, TX INC. SACRAMENTO, CA Latest info Received: 03/22/2006 Equipment and proceeds Original CITICAPITAL MARIPOSA 07 /23/2004 Filing number: 0421060597 COMMERCIAL HORTICULTURAL Filed with: SECRETARY OF CORPORATION, ENTERPRISES, STATEJUCC DIVISION, IRVING TX INC. SACRAMENTO, CA Latest info Received: 08. Equipment Original NEW HOLLAND MARIPOSA 05/0312005 Filino number: 057025414614 CREDIT COMPANY, HORTICULTURAL Filed with: SECRETARY OF NEW HOLLAND. PA EN "IERPRiS STATE /UGC DIVISION, SACRAMENTO. CA Latest info Received: 05/16/2005 Unavailable Amendment NEWHOLLAND MARIPOSA 05/18/2005 Filing number: 0570273502 CREDIT COMPANY, HORTICULTURAL Filed with: SECRETARY OF NEW HOLLAND, PA ENTERPRIS and STATEJUCC DIVISION, OTHERS SACRAMENTO. CA Latest info Received: 05/19/2005 Equipment Original KUBOTA CREDIT MARIPOSA 04/04 /2005 Filing number. 057021559438 CORPORATION, HORTICULTURAL Filed with: SECRETARY OF IRWINDALE, CA ENTERPRISES STATE /UCC DIVISION, INC SACRAMENTO, CA Latest info Received: 04/1112005 Leased Equipment Original VERMEER PACIFIC MARIPOSA 08101/2006 Filing number: 067080045000 - FONTANA. HORTICULTURAL Filed with: SECRETARY OF FONTANA, CA ENTERPRISES, STATE /UCC DIVISION, INC. SACRAMENTO, CA Latest info Received: 0811 t /2098 Leased Equipment Original VERMEER PACIFIC MARIPOSA 0211612006 Filing number: 067059190875 - FONTANA, HORTICULTURAL Filedwith: SECRETARY OF FONTANA, CA ENTERPRISES, SLATE /UCC DIVISION, INC. SACRAMEN'10, CA Latest info Received: 0212712006 Unavailable Original MANUFACTURERS MARIPOSA 03/2312005 Filing number: 057020418037 BANK, LOS HORTICULTURAL Filed with: SECRETARY OF ANGELES, CA ENTERPRISES, STATE /UCC DIVISION, INC. SACRAMENTO.CA Latest info Received: 03/28/2005 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. Any public filings displayed in red are open. Government Activity Activity Summary Possible Candidate for Socio- Economic Program Consideration https:// smallbusiness. dnb. coml webapp lwcslstoreslservletIViewReport?orderltemld= 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 7 of 9 Borrower (Dir /Guar) No Labor Surplus Area Yes (2009) Administrative Debt No Contractor No Small Business N/A Grantee No 8(A) Firm N/A Party Excluded from Federal Program(s) No The details provided In the Government Activity section are as reported to D &B by the federal government and other sources. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance History & Operations Topic Description History Detailed information on the history of a company, including background information on the management team and key principals, and information on related companies. Registration & Detailed registration and incorporation information, including the date and state of incorporation and the type Incorporation of corporation formed. Company Operations Detailed information on a company's operations, including the identity of the parent company, the geographic scope of the business, and the key holdings. Industry Classification Details on the specific industry within which a company is classified. History Officer(s): Director(s): TERRY NORIEGA, PRIES THE OFFICER(S) REN FLUGEL, SEC -GEN MGR The California Secretary of State's business registrations file showed that Mariposa Horticultural Enterprises, Inc was registered as a corporation on October 2, 1989. Business started 1977 by Terry Noriega. 100% of capital stock is owned by Terry Noriega. TERRY NORIEGA born 1955. 1977 - present active here. 1975 -1979 graduated from California Polytechnic University, Pomona, CA with BS in ornamental horticulture. REN FLUGEL born 1946. 1986 - present active here. 1982 -1986 employed with Satsuma Landscapes, Long Beach, CA. 1977 -1982 owned landscape contractor, Los Angeles, CA. 1975 -1977 employed with Casa Colima Hospital, Pomona, CA as groundskeeper. 1971 -1975 employed with Living Concepts, Pomona, CA. 1966 -1970 graduated from Pierce College, Woodland Hills, CA. Former name was Mariposa Industries Inc. AFFILIATES: The following are related through common principals, management and /or ownership: EL NATIVO GROWERS INC, IRWINDALE, CA. Started '1977'. DUNS #112812896. Operates as a business service.. Registration & Incorporation Registered Name: Mariposa landscapes, Inc. Filing Date: October 02, 1989 Business Type: Corporation Registration ID: C1469653 Corporation Type: Profit Date incorporated: October 02, 1989 Where filed: SECRETARY OF STATE /CORPORATIONS State of incorporation: California - DIVISION, SACRAMENTO, CA Status: Active Registered Agent: TERRY NORIEGA, 15529 ARROW HWY, IRWINDALE, CA, 917060000 Principals: TERRY NORIEGA, PRESIDENT, 15529 ARROW HWY, IRWINDALE, CA, 917060000 Corporate and business registrations provided by management or other source. Company Operations Description: Operates as a provider of lawn and garden services, specializing in garden maintenance, lawn care and landscape contracting (100 %). Has 60 account(s). Terms are Net 30 days. Sells to commercial concerns, cities, counties and general public. Territory Local. https: // smallbusiness.dnb.comlwebapp/wcs/ stores lservletNiewReport?orderItemld = 10552... 1/29/2009 D &B Comprehensive Insight Plus Report: MARIPOSA HORTICULTURAL ENTERPRI... Page 8 of 9 Nonseasonal, Employees: 250 which includes officer(s). Facilities: Owns 2,000 sq. ft. in a one story frame building. Location: Central business section on side street. Industry Classification sic NA1CS 07820101 Garden maintenance services 561730 Landscaping Services 07820203 Lawn care services 561730 Landscaping Services 07829903 Landscape contractors 561730 Landscaping Services Based on information in burble, D &B has assigned this company an extended 8 -digit SIC. D &B's use of 8 -dig8 SICS enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4 -digit SIC numbers link to the description on the Occupational Safety & Heard Administration (OSHA) Web site. Links open in a new browser window. Company Snapshot Creditworthiness Payment History &.Trends Public. Filings History & Operations Banking & Finance Banking & Finance Key Business Ratios D &B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business. Industry Norms based on 18 establishments This Business Industry Median Industry Quartile Profitability Return on Sales UN 3.8 UN Return on Net Worth UN 21.8 UN Short-Term Solvency Current Ratio UN 1.7 UN Quick Ratio UN 1.6 UN Efficiency Assets Sales UN 30.6 UN Sales / Net Working Capital UN 9.1 UN Utilization Total Liabilities / Net Worth UN 97.3 UN UN = Unavailable Finance 12/24/2008 As of December 24, 2008, attempts to contact the management of this business have been unsuccessful. Outside sources confirmed operation and location. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking &.Finance Customer Service C Need help? Call Customer Service at (800) 333 -0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time. 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