HomeMy WebLinkAbout04/02/1991Incorporated April 18, 1989
City of Diamond Bar, California
CITY COUNCIL
AGENDA
REGULAR MEETING
Mayor - John A. Forbing
Mayor Pro Tem - Jay C. Kim
Councilwoman - Phyllis Papen
Councilman - Gary H. Werner
Councilman - Donald C. Nardella
City Council Chambers
are located at:
Walnut Valley Unified School District Board Room
880 South Lemon Avenue
Please refrain from smoking, eating or drinking in the Council Chambers.
MEETING DATE: April 2, 1991
MEETING TIME: 6:-00 p.m.
Robert L. Van Nort
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
airy ar uiamona tsar uses Hi=L rcLtu paper and encourages you to do the same.
THIS MEETING IS BEING TAPED BY JONES INTERCABLE FOR
AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TAPED. ALL COUNCIL
MEETING TAPES WILL BE BLACKED IMMEDIATELY AFTER AIRING
AND WILL BE UNAVAILABLE FOR REPRODUCTION.
Next Resolution No. 91-14
Next Ordinance No. 2(1991)
CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kim
ROLL CALL: COUNCILMEN NARDELLA, PAPEN, WERNER
MAYOR PRO TEM KIM, MAYOR FORBING
COUNCIL COMMENTS: Items raised by individual Councilmembers are
for Council discussion. Direction may be given at this meeting or
the item may be scheduled for action at a future meeting.
PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the
public to directly address the Council on Consent Calendar items or
matters of interest to the public that are not already scheduled
for consideration on this agenda. Please complete a Speaker's Card
and Give it to the City Clerk (completion of this form is
voluntary). There is a five minute maximum time limit when
addressing the City Council.
CONSENT CALENDAR: The following items listed on the Consent
Calendar are
considered routine and are approved by a single
motion.
1. SCHEDULE FUTURE MEETINGS -
A.
Planning Commission - April 8, 1991 - 6:30 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
B.
City Council Budget Study Session - April 9, 1991 -
4:00 p.m. to 7:00 p.m., W.V.U.S.D. Board Room, 880
S. Lemon Ave.
C.
Parks and Recreation Commission - April 11, 1991 -
7:00 p.m., City Hall, 21660 E. Copley Dr., Suite
100
D.
Traffic and Transportation Commission - April 11,
1991 - 6:00 p.m., Community Room, 1061 Grand Ave.
E.
2nd Anniversary Celebration - April 13, 1991 - 7:00
a.m. to 4:00 p.m. - Diamond Bar High School.
F.
City Council Meeting - April 16, 1991 - 6:00 p.m.
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
G.
Planning Commission - April 22, 1991 - 6:30 p.m.
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
CITY COUNCIL AGENDA PAGE 2 APRIL 2, 1991
H. Parks and Recreation Commission - April 25, 1991 -
7:00 p.m. - Community Room, 1061 S. Grand Ave.
2. WARRANT REGISTER - Approve Warrant Register dated March
5, 1991 in the amount of $ 447,159.99.
3. TREASURERIS REPORT - Approve Treasurer's Report for the
month of February, 1991.
4. PARK AND RECREATION COMMISSION MINUTES - Receive and file
Park and Recreation Commission Minutes of March 14, 1991.
5. CLAIM FOR DAMAGES - Claim for Damages filed by Sean
Patrick Rogers on March 8, 1991.
Recommended Action: Deny Claim.
6. CLAIM FOR DAMAGES - Claim for Damages filed by Joe
Aguilar on March 20, 1991.
Recommended Action: Deny Claim.
7. A) RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 38 IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
B) RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 39 IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
C) RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 41 IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS. As administrator for the
landscape and lighting maintenance districts, the City is
responsible for providing those districts with
maintenance services to maintain the landscape and
irrigation systems in the districts. The contracts
currently provided were assumed by the City from L.A.
County upon incorporation. All contracts assumed from
the County expire as of June 30, 1991.
CITY COUNCIL AGENDA PAGE`l3.` APRIL 2, 1991
Recommended Action: Adopt Resolutions A) Resolution No.
91 -XX; B) Resolution No. 91 -XX; C) Resolution No. 91 -XX
approving plans and specifications for the landscape and
irrigation for Districts 38, 39 and 41 and authorize and
direct the City Clerk to advertise for bids.
8. RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR MAINTENANCE SERVICES FOR EIGHT (8)
CITY PARRS IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Upon
incorporation, the City assumed ownership of eight (8)
developed community parks. Maintenance services of City
parks is accomplished through the use of private
contractors. The contractor currently providing service
was originally contracted through L.A. County Parks and
Recreation Department; and the City assumed that contract
upon incorporation. Contract for park maintenance
services expires June 30, 1991.
Recommended Action: Adopt Resolution No. 91 -XX approving
plans and specifications for maintenance services for
eight (8) City parks and authorize and direct the City
Clerk to advertise to receive bids.
9. TRAFFIC AND TRANSPORTATION COMMISSION - Receive and file
resignation of Alba Moesser to the Traffic and
Transportation Commission and declare a vacancy.
SPECIAL PRESENTATIONS - Proclamations, certificates, etc.
10. CITY TILE - Presentation of City Tile to Dr. Alba Moesser
in appreciation of her service to the community as a
member of the Traffic and Transportation Commission.
11. CITY TILE - Presentation of City Tile to Donna Johnson,
Reporter for the San Gabriel Valley Tribune for
recognition of being named "Journalist of the Year" by
the Southern California Association of Governments.
12. PROCLAMATION - "Child Passenger Safety Week" - Proclaim
week of April 28 - May 5, 1991 as "Child Passenger Safety
Week."
13. PROCLAMATION - "FAIR HOUSING MONTH" - Proclaim the month
of April, 1991 as Fair Housing Month in the City of
Diamond Bar.
CITY COUNCIL AGENDA PAGE 4 APRIL 2, 1991
OLD BUSINESS
14. 2ND ANNIVERSARY CELEBRATION - Administrative Analyst
Kellee Fritzal to give update on 2nd Anniversary
Celebration to be held April 13, 1991, 7:00 a.m. to 4:00
p.m. at Diamond Bar High School.
Recommended Action: Direct staff as necessary.
15. SHERIFF DEPARTMENT CONTRACT Law Enforcement contract
for the 1991-92 fiscal year that will best meet both the
changing community needs and the Council expenditure
guidelines, including the use of motorcycle traffic
enforcement.
Recommended Action: Authorize continuance of the
Sheriff's contract for the fiscal year 1991-92 as
presented.
16. SOLID WASTE UPDATE - Update on integrated waste
management activities from November 1990 to the present
by Administrative Analyst Troy Butzlaff.
Recommended Action: Receive and file report and direct
staff as necessary.
17. EMERGENCY PREPAREDNESS — During the past several months,
staff has been working with the Diamond Bar Improvement
Association to develop a self-help approach to emergency
preparedness.
Recommended Action: Approve the concept presented and
authorize staff to proceed to encompass its provisions
within the 1991-92 Fiscal Budget.
ANNOUNCEMENTS - This time is set aside for any City Councilmember
to direct staff regarding any matters to be discussed at the next
regular meeting
CLOSED SESSION
Litigation - Section 54956.9
Personnel - Section 54957.6
ADJOURNMENT - April 9, 1991 - 4:00 7:00 p.m. - Budget Study
Session Session - W.V.U.S.D. Board Room
I N T E R O F F I C E M E M O R A N D U M
TO: Councilmembers Papen and Nardella
jq,\
FROM: Linda G. Magnusoni;Senior Accountant
SUBJECT: Voucher Register, April 2, 1991
DATE: March 27, 1991
Attached is the Voucher Register dated April 2, 1991. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
it's entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated April 2, 1991 have been
audited approved and recommended for payment.Payments are hereby
allowed from the following funds in these amounts:
FUND NO.
FUND DESCRIPTION
001
General Fund
115
Int.
Waste Mgt. Fund
138
LLAD
#38 Fund
139
LLAD
#39 Fund
141
LLAD
#41 Fund
TOTAL ALL FUNDS
APPROVED BY:
(/,1C41� � h J .
Linda G Mackuson
Senior Accountant
!ti
A46ert L.'Van Nort
City Manager
I
AMOUNT
$4371987.31
6,755.00
2,017.39
143.74
256.55
$447,159.99
Phyllis E. Pap'en
Councilmember
r
Donald C. Nardel
Councilmember
*�
City
of
Diamond
Bar
RUN TIME: 14:39 03126191
V
O U C H
E R R
E 6 I S T E R
PAGE 1
DUE THRU
.............64/02/91
VENDOR NAME
VENDOR ID.
PREPAID f �
ACCOUNT PROJ.TX-NO
-----------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Allens True Value
AllensTrue
+001-4318-1368
1
10402A
03/25
04102
01446
Small Tools I Equip
20.19
TOTAL DUE VENDOR --------:
29.19
Boys Club/San Gabriel
Vly
BoysClub
+001-4511-5500
1
104012A
03/26
04102
Graffiti Removal -Feb 91
515.0e
TOTAL DUE VENDOR --------;
615.03
CalifPrf=&RecSociety
CPRS
+001-4310-2315
1
I&C12A
03/25
£4102
Membershipe Dues -Janie!
100. 00
TOTAL DUE VENDOR --------,
I@0.0
Chronos Software
Chroncs
+061-409@-6230
2
1@402D
03/25
04102
2712.
Info Hgr Software -trial
57.13
TOTAL DUE VENDOR --------
57.13
City of West Covina
Ct wcovina
1115-4515-4@@0
1
104@2A
03:26
04/02
10346
ESGV-Waste Mgt(JPA)
5.1755.00
TOTAL DUE VENDOR -------->
6.,;5.00
CoiEr, and LOe
ColenLea
-451 4
{
{t L4
104ALc
/''f3
03 l
a+; 119, --,•Liability
L air_
1 s
.CFR CT
4, 86.51
TOTAL DUE VENDOR --------;
41S8L.51
Computer Applied Systems
CA
+@01-4050-4030
2
10402A
03/26
04100
910312
Monthly, Mairt.-APril 1991
670.00
TOTAL. DUE 1VLNDOR-------->
6"110. fl,
Computer Applied System
CAS
+001-409-4@30
1
10402A
@3125
04/02
910311
Budget Prep System
TOTAL DUE VENDOR --------
3.50.03
Cyclone Postal Boxes
Cyclone
0PI-4010-12@0
2
101+@2D
@3/26
04/02
Nameplates -City Council
11
55.00 }4,x2101 00013129
TOTAL PREPAID AMOUNT ----)
65.0
TOTAL DUE VENDOR ---------
0.00
€ City of Diamond Bar
RUR TIME: 14:39
03126191
V
C U C
h E R R E
6 I S T E R
PAGE 2
DUE TPRU.............04102fg1
VENDOR NAME
VENDOR ID.
PREPAID * �
ACCOUNT PRDJ.TI-NO BATCH PU.LINE1Ntl.
------------------------------------------------------------------------------------------------------------------------------------
ENTRYIDUEE
INVOICE
DESCRIPTION
ANDii+T DATE L'iECi
D. B. Chamber of
Commerce DBChamher
Q@1 -4@1@-'232S
1
1�02A
03126
:.4102
Irvtafltl❑n DB Lhamber-CC
28�.@@
001-4030-2311
1
IIOUO2A
63126
04102
Installatn DB Chamber C14
56,6+0
TOTAL DUE VENDOR --------
3363-e
Diamond Car Business
Asoc
DiDusAS_LC
*001-0WI-22110
1
11442s
13126
Li4,,@
Common Area-MaLnt-Aprii
177.0@
TOTAL DUE VENDOR --------,
1 7.a
Eastman Inc.
Eastman
10@4 _i79!:,:_622
i
-.Yrv:t
•vFLili
04e -v2
72779-65w:.65y
.o -Ru! er - ab tiE
❑' -
15a.i
001-4090-1100 .
1
10 4;A
✓x-, 7 1
'i1 10,
7 64-.
727q64-1
6`*lt£ `unulZ2s
TOTAL DUE Vta>DOR'--------;
ITi.S,
Exxon
FAMar'S
ii4 i— if—�L iTi
1
le(e}�
fi fel
04/0-2
=i1£1-t,Zti£ Ng1
12.7A
*01-4310-2.10
1
104=@24
dg
13:1Fuel-Parks _5. i
-
IDTrL DUE DOR--------;
VENR
1+;.i:
001 -409o -2l'30
1
1o1 2A
03126
04S612
2k04317,
Ec£Zpment Rental
0
S21.30
1901-4331-2124-
1.1y4a2D
-031,125
e:4;ltl2
2023755
Sycamore lyn sark-P one
L._4
Eardner C mmunirations
Gardn8rC❑m
};01-.;;,95-2350
1
IOWA
03.126
i
City N£Ws1et er
6 'i7. a?%
TOTAL DUE VENDOR --------;.
6,111..
t❑nsalves :l ;❑n
Joe A.
Somal-ves
a_•, •zt r �+,0i 41F's-y1N€?
1
k•e,12t
03r125
04102
Ali?I 10n5Jitill Services
2.00@.6A,
c.6A;
TOTAL DUE VENDOR --------;
2,=i(RD.0
ICNA Retirement
Trust
I{F3 A
3 iiii-21+F�+ 1rt 7
1
10402F _
la 1
0,1,1.
U f
A4lfh2
_ .f 3i
s
Deferred CLi L' n4 -r . _
Deferred L13tiF 1:❑i, .a lC Ltd
c??r,1-40-C3y
1
10402F
031)3
0416,2
Apr
Deferred Cem❑ Co>•itrhtn
1 Aja }T
i@01 -040-,R90
1
10'4aat
�:r27
v 41@2)
Apr
Jofer art. Como C❑nSirc=n
6'f%,.33
001 -4450 -WO
I
1%'451F
t3127
04/x+2
Apr
Deferre1 EC.- D Contrbtn
0152,_;i
W11-4210-2100, 0
- 3
104,01E
-3f1
01 .012
A^^ -
G
Deferred t4aFp iontrbin
V
t�7 i
I
t Ij 1 - 4 2 3 0 - 0 @ 9 0
1
1t407F
03127
C44102
Apr
Deterred Con Cont b -n
41,01. 0
� f -43%0-009x0
1
104�2F
0312;
04/02
Apr
Deferred Cc?np C❑ntrhtn
555.51
1101-4033-0061
1
10402F
B3t27
x'4102
April
Deferred C❑❑? Centrihtn
W& 3
TOTAL DUE VENDOR ----------1
4,3-66.21
L.A.County Public
Works LACPubWk
a
City
of
D i a a a n d Bar
X001-':510-502
RUN TIME: 14:39 03/25/91
013126
V
O U C
H E R R E b
I S T E R
*001-4510-5503
PAGE 3
03/26
;34102
Dec
DUE THRU
.............04102191
Teti -4510 -SS&
= 10442B
@3126
VENDOR NAME
Dec
VENDOR Ifs.
#001-4510-5506
1 10402B
03/26
04/02
PREPAID �
ACCOUNT PROJ.TX-NO
-------------------------------------------------------------------------------------------------------------------------------------
2.2E
BATCH PO.LINE/ND.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT
DATE CHECK
Industry Mfprs Council
IMC
3 104025
03126
04102
Tire
Traffic Control
503.43
*001-4030-2325
3
10402D
02126
04/02
Ploy Veg Control
IMC Mta v/Supero Dana
180.00
04/092191 0000013130
03/26
04102
Dec
Tree Trinming
2,610.52
X0:31-45143-5515
TOTAL PREPAID AMOUNT ----;
180.00
04/02
Dec
orandh aacview
24+.70
1001-4510-5516
3 10402B
03126
TOTAL DUE VENDOR --------s
0.10
24 Four Counts
Institute of Trans.
Eng.
InstTrEna
x-001-4230-2320
1
10402A
03/26
04/02
5TH Edition Trip Saneratn
132.00
TOTAL DUE VENDOR -------- j"
132.00
Irwin M. Kaalan
Kaman
;}A%s1-4210-233},
2
10402A
?3126
04/02
Travel Reimbur5ecent
116.00
TOTAL DUE VENDOR --------F
116.0
Jennings rnustrand
JEnnings s
+0�-1-492x.-4021
1
134:21:
03/26
0410x2
116929
Legal services-ProaertyTx
11;547.9
TOTAL DUE VENDOR -------- >
11tS47.99
L.A. County -sheriff's
Dep
LACSSeriff
001-4411-54 1
2
10462B
03126
04/02
81.796
Feb Contract Service
5,720.142
*0=.1-4412-5401
1
10402B
,3126
0412x2
61756
Feb Contract Service
01065.50
X001-4413-+
1
10432:
03/26
041;2
41707.
Feb Contract Service
200,214.75
TOTAL L'Ur .`_;DOR--------`
266. e!7
L.A. Ctyunty-;,her ifi's
M1
x.ea
A C
L:-;b�h_rift
*�N,11-4411-501
1
104020
03126
04iL�2
Fib will -helicopter
11175.63
j
TOTAL DUE VENDOR --------,
1,175.6E
L.A.County Public Works
LACPlsblk
2001-451;?-5So-;7
1
104026
03126
0410'
910002607
January Maint.-Sicnals
4,078.17
001-4:13-5533
1
10402E
03126
?4/02
9100002872
Pavement Maint
1,916.3'3
*001-4510-5516
1
10402D
03/26
04/02
911E+0006094
Much Cts. Grand1Longview
169.50
IOTAL DUE 'VENDOR --------
5,276.97
L.A.County Public
Works LACPubWk
X001-':510-502
_ 104020
013126
04102
Dec
Pavesnt Pngmt
4,227.74
*001-4510-5503
2 104028
03/26
;34102
Dec
Park Paint
21.57
Teti -4510 -SS&
= 10442B
@3126
a4102
Dec
Sidewalk Repair
#001-4510-5506
1 10402B
03/26
04/02
Dec
Sign Parking
2.2E
001-4510=-5507
2 10402B
03/26
04102
Dec
Signal Installation
10.61
*@01-4510-5507
3 104025
03126
04102
Tire
Traffic Control
503.43
�0A31-4510-550;8
1 IL0492B
03125
0410'
Dec
Ploy Veg Control
8,208.49
*001-4510-55@9
1 10025
03/26
04102
Dec
Tree Trinming
2,610.52
X0:31-45143-5515
2 10402E
03126
04/02
Dec
orandh aacview
24+.70
1001-4510-5516
3 10402B
03126
04102
Dec
24 Four Counts
275.9E
City
of Diamond
Bar
RUN TIME: 14!39 03325191
V
O U C
H E R R E 6
1 8 T E R
PA13E 4
DUE THRU.............04102191
VENDOR MAKE
VENDOR ID.
PREPAID
ACCOUNT PRD3.TX-NO BATCH PU.LINElNC.
-----------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
L.A.CountP Public Works
LACPub Wk
(1.ONTINUEDi
*1901-4518-5530
1
1@40
03i26
141?2
Dec Ii services
669.62
1001-4510-35$2
i
1?40"2B
03126
04/02
911t@01311
Dec Road Services
TOTAL DUE VENDOR --------,
231225.55
L.A.Count`r Public Works
LACPub'tik
�;:{:I-4'+iL�-_��:6
S-5
2
:: , t'129
lti4�tcs
�„s; 7
.5
�14i'+'1c
�1�s9D�96�93
try
Dec Pt;�4 V'�ylt��lh Cil.
r
9,9a?.i4
TOTAL DUE VENDOR--------)
7. 5;.34
L.A.Courty Public Works
LACPubV
*001-4510-5506
2
104'e Li
:Lr
i3_ 1:
04191-L
01.1100. --AAU
Jan Sign Fai(inu iep.lr
1itJ. qLr
001_ 51J_ 5A4
L
ivLvL1
_j'U
,4/02
TAJ>88
9 1110,0 @li99
jal Permancnt CviSiS+Ssf
.
2,q-,,Lm)
�:dOl_ cis-5� 9
2
10428
;_Q 6
X94;02
9111.0016;92
Jar. Tree TriRminJ «*:ic-
9)-.`�
1
l:�'(_ Vit•
{'L },v,
�.
4!3?(:,d1111(100@8@91
1
l n rtis� y - -
4• LStorm I�r��. 1: �
i h}
Dv_. wv
2
ID4i122
03112:6
04/e2
Q I 1 00-0!80,91
3a? Indust 'Mte Ser''rt_es
443.20
-
:rll' D•JL i:.ti.,u� ________i
T�+TOTAL UE VENID;
'r:.42
i2
La Mirada R_detlelooEIEnt
LaMizada
-
1-4.325
4
1Y.=7;t
fj3121
04/0e
VanLalies Lits-as Dtrret
.@Qr
V'901-4,03A-23-25) 3A-23'-r
''f �i!as 7i�: L:F�7
4le-4-32E
0312
':''=.i tl
1041,:
£ 1>IL
tJi;n=eli'tr=�� Le.� Dinner -
t D,:
8 713
/'J.,
tk,ti
TL!{..AL DUE VEND 0F11--------1
3.14.7
Landscape West
.L. nu5C3Pe
-
-
-
-
*001-L311-2210
1
104i!2B
03125
':94/07
0032276
Sprinkler REpair-Paul. ,Grw
37.1
t'31-4311-12:g1x
1
i%4 21
?3126
0,4102
003216
Suonlie5 for Parts
74.44
• r
TOTAL DUE VENDOR--------
11! .80
League of Ca. Cities
Laague
cif, -;!. 3_3 1
art>� i�,::�-2�.3r
1
t-:!_ -
1.:818
1
D3 L6
.>�+F�_
P,41102
-
Cable V n-L'., f �
ahl,. T1 Rf.abaL LUt�P�..
4C
J.DB
VENDOR -__.__-__ t
TOTAL DUE VENDOR
of airy
t - 1
League of Ca. Citic
L2aque
0, 10-2 5
�,>1-431s 32.,
1
1914''�p
�> d-
B3, 77
r2
>�4F �7
Co;.. u Svcs- ns_r_
4r} ni'}Li ra `� arse
7�� ).DSS
T;.7TAa DUE V���D}7' - ------,
7:.. .;:
, =' ,
Lewis Enorayina Inc.
LenisEnura
*001-4@95-2110
1
10023
@3126
@4/02
Tile Ena_rasirq-Faxbina
39.11
0@1-10-1200
1
1'i02d
43,176
D4/02
�.1341
Desk 1i3ae & Holders
t1%1..4
IOTA DUE VENIDOP--------}
::,
2;9.55
*** City a Di,aaa.nd Bar ***
RUN TIME: 14:39 03/26/91 V O U C H E R R E S I S T E R PASE 5
DUE THRU.............04/02/91
VENDOR NAME VENDOR ID. * # PREPAID
ACCOUNT PRDJ.TX-NO BATCH PO.LINE/ND. ENTRYIDUE INVOICE DESCRIPTION AMOUNT DATE CHECK
Management Action Program MuAction
001-4030-2325 2 10402E
Martin: & Chaoman Co. Martin6Cha
*001-4040-239' 1 104028
*001-4118-1158 1 10402B
03/26 04/02 Wrjrkshop/RLVN 1,995.00
TOTAL DUE VENDOR -------- 1,995.00
03,26 04/02 Postcard Printing-Electin. 21236.50
03/26 04/02 91138 Minute Book-Pks & Rec Com 265.5:)
TOTAL DUE VENDOR ____-___; 21 02.0f9
Pac Tel Cellular
PacTel
*001-u030-2125
1 10402E
03%21
04/02
Cellular Phone March -CM
66.66
TOTAL DUE VENDOR --------
68.66
Payroll Transfer
Pavrcllt"r
*0}1-1020
1 1@402E
01121
041'02
Payroll Transfer -PP 36
35,630.00
TOTAL DUE VENDOR --------
25,:30.00
Public Emal Retirement
FESS
*001-2110-1008
1 10402D
03f26
04902
Retirement Cont. #6
4,058.19 04102/91 00000131"
TOTAL PREPAID ANDUNT -_--
4,x58.19
TOTAL DUE VENDOR --------
01e
R & D Diueorint
RRDBlue
*0 L-423,:-211�f
i 104020
03/26
04902 42611-14
Blueprint :Services
39.62
* i -4L,v-�i 10
0%1
r l04?;"
04/02 426:S-17
. Plans
4 Mylars,6radinn
TOTAL DUE VENDOR --------,
91.46
Radio Dispatch Corp.
RadioDispa
*00L-403+-2630
1 104020
}3627
04102
BeepeP szFvice-ACMgr
if.0,�
*006-4310-2130
3 6)4020,
01/'21
04902
n2e3er seraice-Parks
51.0
TOTAL DUE VENDOR --------%
66.30
S.6. Valle. Asn of Cities savAsn City
*-*01-4016-28215
3 1@4@2D
03126
04/42
d
demur MtQ_Patpen, Werner, CM
35.00 �4102i91 000613-138
TOTAL PREPAID AMOUNT ____
36.00
TOTAL DUE VENDOR --------,
@.0@
security Fac Natl Bank securityFa
001-4010-2325 2 104020 03926 04/02 MtG-Sacramento-12990 269.95 84,02191 0@013133
TOTAL PREPAID AMOUNT ----i 259.96
TOTAL DUE VENDOR ------- 0.00
t*i City of Diamond Dar *-11
RUN TIME: 14:39 03128/91
V
O U C H E R R E 6
15 T E R
PAGE 6
DUE THRU.............941D2191
VENDOR NAME
VENDOR ID.
PREPAID
ACCOUNT PRDJ.TR-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINEINO.
ENTRY1DUc INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Sheriffs Relief Assoc
Sherit5kc
001-4095-1260
1
10402D
00.126-
D4/62
![- ma D.da2v-4taffiCaurcil
1411 .86 04ir2.+01 000013131
TOTAL PREPAID ANOGNT
TOTAL DUE VENDOR ------
Silver Image Photography
Silveri�aa
*3@1-013-1 y
?
1"4t} E
iHili
i4,102
L'i Executive PorlFeii5-
5=55. v
J OT tL DUE VENDOR -______-%
5 88
Bir Speedy
Sircpeedv
'"_ �A4� 1-4C•�'U'fy+ 1 1f
2
10402'_
036/27
54102
alvtilnirf JUyli ie'
366.13,
OD1'4€15z-ii1
1.1@4`21C
0312
04182 52913
Lorr2ction itevorts-Lu e
45.gw
- VENDOR --------'
i_�'i?i .,..t V�;�,:
3' a
4_:.11
So. Ca. 3oint Powers
Ins,
uC_'PIA
}�:f _^7 °-' 7•�ii<7j'
:•:t Ey1r 100
1
1�::v2_
,i�d'y 'amu
t
f 1, j�.n
'h1l L
•: -.4
Dent tyems-�1p:il
.'-
i46._S,
1 1 ,;� i
*`2'+011-t1_ -1 06.
t
y
y 1.4:2 i.
!':'
->s'ii`J
1 1
•4/v_
;'. i..'•
iision r2li= .FriI
_ .; f
2 R)
TOTAL AL DUE VER AUK -------- .
+li i
1 � -�r c t
a �.1i
y {{++
Southern Ea. Edison
S.-CaEdison
't'.1-4�1�1-ti_L•
0 45 2126
1
.
y� `12i,
1A4
.�{fa.�4,
0
t. s�.
41�
Streete & Hg ! ht n
- ._�'?}V :.14n =iil5
1 @ 7
��: ai{i.
T," : DHEVis?di? 1111______;
O,-'; ;l_t_
1,68T GT{
Southern Ea. Edison
Socacdison
ttvo-l-4519-'21226
2
ii`+'tt2C
el -111,26
z4{v'L
LL
Tral:i.f.. CountroJ.
31L1,,.57
-
TOTAL 3JS.iE VENDOR 1111____.-1122
31642,S7
Sou-thern Ca. Edison
5aCatdisen
+139_4??_£12r
1
iB4iJ2C
0i126
i4{ t
District a3?
143.74
TOTAL DUE VENDOR --------
143.74
Southern Ea. Edison
SoCaEdi5on
*238 t538 -f.126
1
1�i':v2C
±3126
f:4{2
EleEtric Dist X38
86.98
TOTAL DUE 'VENDO€ ------
66.96
Southern Ca. Edison
SoCaEdi=os
X141-4541-2126
1
104020
~3126
541e=2
Electric District t41
75.11
TOTAL DUE VENDOR --------;
75.11
*** City at Dia aand.Bar *I'*
RUN TIME: 14:39 03/39191
V
D U C H
E R R E 6
i 5 T E R
PAGE 7
DUE
THRU
.............04/02/91
VENDOR NAME
VENDOR ID.
* * PREPAID
ACCOUNT PRD3.TI-Mg
BATCH PO.LINE/NO.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT
DATE CHECK
Southern Ca. Edison
ScCaEdisan
*001-4311-2126
1
104321
03/26
04!32
Paul Grow
25.16
*003-4316-2126
!
10402C
03/26
04/02
Maar Hill
316.09
� 4328-21'26
001-4328-2126 7
1
1...
002
@3/26
J ,10
4 2
Electric -Summit Ridge
S
• ! • 9
�4 3
TOTAL DUE VENDOR ---------
558.64
Southern Ca. Edison
5aCardisan
*001-4331-2126
1
104@2C
03/26
h4/Va2
Sycamore Cyn Park
187.73
*91-4331-216
2
10402r
03/26
04102
Sycamore -Rio Lohas
54.60
TOTAL DUE 'VENDOR -------- %/
/42.33
Snort Pins
SaartPins
*1^01-4 95-235w
1
11402E
0,73
GiWt2
Pins far 2nd Anniversary
955.68
TOTAL DUE VENDOR --------
9S5.66
5tratecon Inc,
Stratecan
hi'Sl.`—k 9b}. 0 o
*:, t 0,..-t0t�.
i
S 1 2
0 -T3 -C
�� /2
- 3. 6
C .��
54102
S ertV
Prof .,vices-Pra?�� Tx
4.750.x0
TOTAL DUE VENDOR -------->
4,99-9.0
Thomas Burne & Smith
ThrdasB yrn
!
1@402D
3233,126
04152
Acctg Service -Property Tx
4,723.0
TG AT DUE VENDOR --------;
4.723.04'
Towne Canter Travel
TOWneCente
*,0:1-4210-2335
1
10402D
03126
04/+2
Ping Cams Airfare
112.0:.
E:4/r,2/9 000:9013136
j
TOTAL PREPAID AMO1!F1
TOTAL DUE VENDOR --------:
0.03
Traffic Operations
TrafficOp
V.4 CA -5Sa6
,. �L
5
iR402C
33; 25
OW 0
ft2
91 4
00 12'
Si n:n
Signing
.;;
*'vhf -4910-22'10
1
104020
03/26
04102
009 i 5
1 2
Sia Ts for City Parks
1,372.0
*,301-4510-5506
3
104020
03/26
04/02
0091149
Signing/Street name
154,55
*0;31-4510-55:6
4
1 4:920
03126
f14.'h2
0291150
Street Marking Removal
1,361,80
TOTAL DUE VENDOR, --------;
3,025.35
United States Postal
Sere Postmaster
*001-4997-2.350
1OWD
03{27
04/@2
Postage -Community Nle«slrr
21203.13
si4102/91 00@0613135
TOTAL PREPAID AMOUNT ---->
4,406.25
TOTAL DUE VENDOR -------->
2,203.13-
*�
C i
t Y of D i a
M a n d Bar
RUN TIME: 14:39
03128/91
V
€1 LI C H E R R
E G I S T E R
PAS- 8
DUE THRiU.............04102191
VENDOR NAME
VENDOR 1D.
PREPAID
ACCOUNT PRO3.TI-ND' BATCH PO.LINEING.
-----------------------------------------------------------------------------------------------------------------------------------
ENTR IDUE INVOICE
DESCRIPTION.
AMOUNT
DATE CHEC
United 'Way
JnitedVay
001-2110-iO49
1 104022
03.126
0410=
-e5 Contributions
S6.-5
04110219" 00-O 013134
TOTAL PREPAID AMOUNT ----
56.66
TOTAL DUE VENDOR --------
0.0-3
Victorian Inn
Victorian
*KJ 1-4210 73SH
1 13402u
@3/ 26
a4191 _
P jng Comm littl fl{rLmadtn
7 5 .s4
014102191 00000131371
TOTAL PREPAID AMOUNT ----
78S.1-3
TOTAL DUE VENDOR --------�
Walnut Vly Water
Dist
fflater.i_
#:'01-':311-2126
2 10402`0
0:;:26
041%11
aater-Paul Grsw Park
451.05
VOHI-4116-2126
7, 11.1 iJ
0113/26
4 iii
lh-fel-Miap_e iii it PTS.
iJ.Lv'
Tr]TAL DUE VENDOR --------
8129.91
Walnut V14 eater
Dist
WVWaIC'ii5
+138-4S36-2126
2 1042D
@2/26
9-4+02
liat tT DistT nt 1��
., Q. ."11
Ualnut lv Water
Dist_
UVWaterlii]
x141-4541-2126
2 104-2D
03'2.0
00'i?2
Vater -District 441
181.44'
Western Electric
Motor
westrrnEie
==?01-3411
1 10402D
03726
044102
flaiund Bich Perait
c8.r
t
TOTAL DUE VENDOR --------`
?8 .i
C i t Y of Diamond Bar t�
RUN TIRE: 14:34 63!28/91
V D U C H E R R E 6 I S T E R
PAGE 1
FUND
SUN 41ARY REPORT
DUE THRU.............04102/91
DISBURSE
GIL
6JE WILL POST 6JE HAS POSTED
FUTURE
TRAN-PACTIN45
FUND
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT PAY
REVENUE EXPENSE REVENUE EXPENSE
REVENUE
EXPENSE
0616eneral Fund
437,987.31
41.861.36
18.66
396,957.95
115Solid Waste Fund
6,755.40
6,755.0
139LLAD 439 Fund
143.74
143.14
136LLAD 438 Fund
2,617.39
2.K7.39
141LLAD 141 Fund
255.55
255.55
TOTAL------------
------------
------------
ALL FUNDS
447,159.99
41,01.35
28.93
496.136.33
AGENDA NO. ,3
-------------
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: March 26, 1991 MEETING DATE• April 2, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
i
FROM: Linda G. Magnuson', Senior Accountant
Submitted for Council's review and approval is the Treasurer's Statement
for the month of February, 1991. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances, and
investment account balances.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
t(hVIEWED By:
--- -- =' -------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Asst. City Manager
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
MARCH 14, 1991
CALL TO ORDER: Vice Chairman Ruzicka called the meeting to order
at 7:05 p.m. at the City Hall, 21660 East Copley
Drive, Suite 100, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance
ALLEGIANCE: by"Commissioner Meyer.
ROLL CALL: Commissioners Plunk, Meyer, Stitt, and Vice
Chairman Ruzicka. Chairman Whelan was absent
(excused).
Also present were Parks and Maintenance Director
Charles Janiel, Administrative Analyst Kellee
Fritzal, and Superintendent Don Hensley.
MATTERS FROM THE Don Schad, residing at 1824 Shaded Wood Road,
AUDIENCE: stated the Earth Day program was successful last
year. He offered to spirit a program this year.
Parks and Maintenance Director Charles Janiel
responded that the Rotary Club has expressed an
interest in planting trees, and suggested Mr.
Schad get in contact with them. He specified that
the trees will have to be planted in an area
already irrigated.
Don Schad asked permission from the Commission to
plant trees at parks that are already irrigated,
but are sparse of trees.
VC/Ruzicka requested a sketch from Mr. Schad
indicating the area where trees would be planted.
CONSENT CALENDAR: Motion was made by C/Meyer, seconded by C/Plunk
and CARRIED UNANIMOUSLY to approve the Consent
Calendar and the Minutes of February 14, 1991 and
the Minutes of February 28, 1991.
NEW BUSINESS:
Leasing office at Staff recommended that the City lease the office
Summitridge Park at Summitridge Park, to the Ranch Festival, under
the stated terms and conditions.
C/Plunk asked the amount the City received last
year for the Ranch Festival.
AA/Kellee Fritzal stated that the funds had not
been received.
C/Meyer asked what public purpose it serves to
lease the office.
PMD/Janiel stated that the purpose is to offer
support to the Ranch Festival.
March 14, 1991 Page 2
C/Meyer cautioned that this action could establish
precedent for other groups to ask for offices in
public buildings.
C/Plunk inquired if a stipulation could be
included in the contract stating that if the Park
and Recreation Department would need the office,
they would have 30 days to vacate.
AA/Fritzal stated that a termination clause could
be included.
Motion was made by C/Plunk, seconded by C/Stitt
and CARRIED UNANIMOUSLY to approve staff's
recommendation subject to a 30 day notice
termination clause, if the City should need the
complex.
Sub -Committee C/Plunk noted that the recreation programming is
Update listed as resolved. She stated she was under the
impression that it is still an ongoing committee.
PMD/Daniel explained that the listed committees
are still presently functioning.
C/Meyer volunteered for the Master Plan
subcommittee.
C/Plunk volunteered for the Senior Citizen sub-
committee.
PMD/Daniel informed the Commission that the Senior
Citizen subcommittee had internal problems and
disbanded. They should come back together when
the senior Citizen Center becomes more of a
reality.
C/Meyer volunteered for the Master Plan sub-
committee.
VC/Ruzicka inquired of staff when a good time
would be to meet with the Senior Citizens.
AA/Fritzal suggested that it could be a good idea
to meet about once a quarter to hear their
opinions on issues.
VC/Ruzicka requested staff, when in contact with
the Senior Citizens, to inform them that he is
available to listen in at their next meeting.
C/Plunk asked for copies of reports on the
Heritage Park renovation.
PMD/Daniel stated that he is unaware of any
written reports received from the subcommittees.
March 14, 1991 Page 3
C/Stitt stated he has some information on Heritage
Park dating back July 1990 that he will offer to
C/Plunk.
VC/Ruzicka inquired when the next meeting of the
Park Field Usage sub -committee is.
PMD/Daniel stated as of now an exact scheduled
date is not known. The critical meetings are
twice a year, just before scheduling.
VC/Ruzicka stated that the meetings serve to give
vent for a lot of steam. He requested staff set
up another meeting, for the next quarter, in
April, 1991 or May, 1991.
OLD BUSINESS:
Parks facilities Staff recommended that the Parks and Recreation
use ordinance, & Commission consider the establishment of both a
motion picture parks facilities use ordinance and a motion
film photography picture film still photography ordinance.
ordinance.
AA/Fritzal stated the parks facilities use
ordinance will establish guidelines to handle all
parks facilities use requests from sports
organizations to one time users. There will be a
policy given to the user groups which will explain
the policies. The film permit will give Diamond
Bar the opportunity to set up their own policies.
C/Plunk inquired if there will be a sliding scale,
at the discretion of an appointee, to evaluate the
special.needs of the groups.
AA/Fritzal stated that it will be up to the
Commission to decide if a sliding scale is
preferred. The usual procedure is to set a one
time fee to avoid selective enforcement. Staff
would ensure special requirements.
C/Meyer asserted that the Parks and Recreation
Commission is an advisory body to the City Council
on matters regarding parks and recreational
activities in the City. Adopting ordinances is a
legislative matter and solely the responsibility
of the Council. The City Council has not given
directives to the Commission to develop any
ordinances, nor to advise on any ordinances.
PMD/Janiel suggested the Commission develop a
manual of park policies and procedures describing
the hours, priorities, and policies.
Ci/Meyer maintained there is a difference of an
ordinance, of a resolution, and of a policy
March 14, 1991 Page 4
manual. The Commission should not insert things
into an ordinance unless so directed by the
legislative body. There should be clear cut
direction from the City Council. The Commission
should serve from an advisory standpoint.
C/Plunk contended that the Commission has the
authority to advise the City Council on those
matters felt appropriate.
C/Meyer requested a profile of the ordinances that
currently regulate Parks and Recreation. He
requested staff develop a policy type manual to
help the Commission regulate and promote the use
of the parks and also to include information on
what the other communities are doing in regards to
park policies.
AA/Fritzal stated staff will bring back the
information to the Commission for the meeting of
March 28, 1991 for further discussion.
ANNOUNCEMENTS:
Commissioners C/Stitt commented on the amount of people enjoying
Peterson Park. He asked for an update of the old
Post office.
AA/Fritzal explained that the site is currently
being cleared due to it's hazardous condition.
VC/Ruzicka stated that the DBIA liked the Park
Superintendent's monthly report. The report
should be submitted coinciding with the
"Windmills" monthly distribution for the purpose
of keeping the report current.
AA/Fritzal informed the Commission that Deputy
Luter will also be writing a report on vandalism
in the area, as requested by the Commission.
C/Plunk noted that it would be more appropriate to
have a bigger flag in the meeting room. She also
mentioned that the City Birthday Celebration
committee is in need of 19 volunteers for the run.
AA/Fritzal stated another flag will be looked
into. She stated the Commission may want to be
available for the Second Anniversary ceremony.
C/Plunk stated Dr. Hockwalt is interested in
reconvening the calendar committee for the school
district, with special interest on special events.
C/Plunk inquired if the programming committee will
be meeting soon.
March 14, 1991 Page 5
AA/Fritzal responded that they will meet after
April 19, 1991. A definite date will be set
within the next month.
C/Plunk inquired if the Commission will be
eligible to vote on a recommendation to the Walnut
School Board in regards to site ISD".
AA/Fritzal explained that the City already gave
their official statement at the March 11, 1991
meeting.
ADJOURNMENT: Motion was made by C/Meyer, seconded by C/Stitt
and CARRIED UNANIMOUSLY to adjourn the meeting at
8:35 p.m.
Is/ JOE RUZICKA
Joe Ruzicka
Vice Chairman
Attest:
/s/ CHARLES DANIEL
Charles Janiel
Secretary/Parks and Recreation Commission
CLAIM
CLAIMANT: Patrick Ii. Rogers
2032 Paseo Susana
San Dimas, CA 91773
ADDRESS TO WHICH NOTICES SHOULD BE SENT:
John S. Schuessler
Attorney at Law
426 N. San Gabriel Avenue
P.O. Box 945
Azusa, CA 91702
DATE, PLACE AND CIRCUMSTANCES OF THE OCCURRENCE:
This claim arises out of the death of Patrick Roger's
son, which occurred on 9/10/90 on the SR57 Freeway in
Diamond Bar, California. Decedent's vehicle was
struck by another vehicle which was travelinq in the
wrong direction on the freeway. Patrick Rogers is the
father of the decedent and heir at law and entitled to
bring a wrongful death action
NAMES AND ADDRESSES OF PUBLIC EMPLOYES CAUSING THE LOSS:
To the best of knowledge of claimant, the responsible
parties would be employees of the city of Diamond Bar.
JURISDICTION:
This claim lies within the jurisdiction of the Superior
Court.
RESERVEDFdRFILCNf3' 4WlP
CLAM FOR DAMAGES
Claims for death or for injury to person or personal property or growing
crops must be filed within 6 months�of the occurrence which caused the injury. s G 1
All other claims must be filed within one year. See Government Code 911.2.
Read the entire claim before filing. Attach copies of estimates, bills, re-
ceipts, and all other documents in support of the claim. Attach separate sheets
for diagrams and additional information, if needed. SIGN EACH SHEET.
TO
CITY OF DIAMOND BAR, CALIFORNIA
NAME OF CLAIMANT DATE OF BIRTH OCCUPATION
Joe Aguilar 3-4-73 Full,i:ne._s:tudent.
ADDRESS OF CLAIMANT
1156 Chisolm Trail Dr., Diamond Bar 71�M8�61-3993 -YFW'ZWf-7777
MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT , N A ON
same Joe Arthur Aguilar r/i�-��-993
DATE, TIME & PLACE OF OCCURRENCE
March 1;1991, 11:00 pm Diamond Bar Blvd. and Morning Canyon
DESCRIPTION OF OCCURRENCE
After work I was heading home and hit a pot hole in the middle lane
of Diamond Bat Blvd. I pulled over to the side of the road to see wha
damages had bee inflicted. About that same time, two other cars had
pulled over also to fix a tire and check their damages.
NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS
Unknown
EXPLANATION OF WHY PURL! ENT TY JS RESPONSlB E FOR INJ RY, D MA E O O S
The pot chole was ex reme�y eA aa� should have been temporarly patched.
There were two potholes together. #1 was 5 1/2 inches deep, 55 indhes
in length, and 34 inches in width, #2 was 1 1/2 inches deep, 46 inches it
dtb- Both of these pot b6les, wprp no more thar
NAMES, ADDR NE E F & D O
.1 foot apart.
10
t
WITNESSES,ETC.: Officer J. Burdelas, badge 213720(refused to file report.)
passenger: Paul Sandoval, 23815 Falcon View Dr., Diamond BAr, 861=2632
DESCRIPTION OF INJURY, DAMAGE OR LOSS
punctured tire, bent rim,'bent left fender, strut bent, door hinges bent,
door bent r= a'nd alignment is off.
ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN)
-
a[ C'
12- -t-*1 1 o s
SIGNATURE OF CLAIMANT OR REPRESENTATIVE DATE TYPED OR PRINTED NAME
CLAYM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense,
and filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72.
AGENDA NO. 2
--------------------
CITY OF DIAMOND BAR
AGENDA REPORT
----------------------------------- ----------------
DATE: March 26, 1991 MEETING DATE: April 2 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Charles Janiel, Director of Parks and Maintenance
SUBJECT: Landscape and Irrigation Maintenance Contracts for Landscape and
Lighting Districts No. 38, 39 and 41.
BACKGROUND:
As the administrator for the landscape and lighting maintenance districts, the
City of Diamond Bar is responsible for providing those districts with maintenance
services to maintain the landscape and irrigation systems in the districts.
Landscape and irrigation maintenance services contracts currently provided were
assumed by the City of Diamond Bar from Los Angeles County upon incorporation of
the City in April, 1989.
Each of the contracts assumed from the County of Los Angeles to perform landscape
and irrigation system maintenance, in landscape and lighting maintenance districts
numbers 38, 39 and 41 all expire as of June 30, 1991.
RECOMMENDATION:
Staff has prepared plans and specifications for the landscape and irrigation
systems maintenance in said districts, and hereby request adoption of Resolution
91-xx and authorization to direct the City Clerk to advertise for bids for the
landscape and irrigation maintenance in districts 38, 39 and 41.
(Narrative continued on next page if necessary)
X*IbUAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
----------------------.�--".---------- --
Robert L. Van Nort Andrew V. Arczynski Terrence Belanger
City Manager City Attorney Assistant City Manager
District No. 38, 39 and 41
March 26, 1991
Page Two
The staff estimate for the annual maintenance costs are:
LLMD #38 - $67,200
LLMD #39 - $79,800
LLMD #41 - $43,800
Funds for the described maintenance functions are provided by special assessments
to the resident of said districts. Although, staff does not anticipate
significant increases, in assessments, as a result of this bid process, the final
assessment amounts will not be known until the assessment engineer provides his
report in May, 1991. Bids for the above contracts will be closed April 30, 1991,
and presented to City Council for award on May 21, 1991.
It is anticipated that the Resolution authorizing the City Engineer to prepare the
Engineer's report will be presented to the City Council on April 16, 1991. The
Resolution accepting the Engineer's report will be presented to the City Council
on May 21, 1991, and the final Resolution, authorizing the levy of assessments
will be presented to City Council in June, 1991.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 38
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:00 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
IMPORTANT NOTICE TO BIDDER
Notice is hereby given that the City of Diamond Bar is soliciting
bids for maintenance services for Landscape and Lighting District
38.
A mandatory bidders conference and inspection of the areas to be
maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at
Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond
Bar, California.
Bids will be accepted until 10:00 a.m. on April 30, 1991 at Diamond
Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar,
California 91765, at which time and place said bids shall be
publicly opened, examined and declared.
Due to current drought situations and resultant rationing mandates,
Contractor will be required to monitor irrigation systems to comply
with reductions. The successful Contractor will be responsible for
costs incurred due to excess usage.
Inquires regarding these specifications can be directed to Charles
Janiel, Director of Parks and Maintenance, (714)860-2489.
Upon receipt of this proposal, contact Charles Janiel, Director of.
Parks, at the City of Diamond Bar with the name of your company,
telephone number, a FAX number and the name of a contact person
within your company. Failure to provide the City with this
information may result in improper distribution of updated
materials regarding the bid documents. The City will not be
responsible for information not being distributed to the proper
person.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 38
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:00 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
1 -
7
INFORMATION FOR BIDDERS
8 -
13
BIDDER'S PROPOSAL
14 -
16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
17
LIST OF SYMBOLS AND ABBREVIATIONS
18
SUBCONTRACTORS LIST
19
NONCOLLUSION AFFIDAVIT
20
FAITHFUL PERFORMANCE BOND
21
LABOR AND MATERIAL BOND
22
BIDDER'S BOND
23 -
24
AGREEMENT
25 -
33
GENERAL PROVISIONS
GP -1-
GP -7
SPECIAL PROVISIONS
SP -1
- SP -18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 38 IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar
to maintain certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the maintenance of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for Landscape and Irrigation
Maintenance in Landscape and Lighting District No. 38.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, Los Angeles County, California, directing this
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the
30th day of April, 1991, sealed bids or proposals for the Lighting
and Landscape Maintenance District No. 38.
Bids will be opened and publicly read immediately int he
office of the City Clerk, Suite 100, 21660 East Copley Drive,
Diamond Bar, California.
N
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid for
Lighting and Landscape Maintenance District No..38.11
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director;of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per ,diem wages are on file in the office of the
City Clerk of the City of Diamond Bar, Suite 100, 21660 East Copley
Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than
the general prevailing rate of wages hereinbefore stipulated for
any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said
Labor Code.
In accordance with the provisions of Section 1777.5 of
the Labor Code as amended by Chapter 971, Statutes of 1939, and in
K
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections
1777.5 and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in the area
exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least
1/30 of its membership through apprenticeship training on
an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public
3
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 11777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed int he execution of this contract and
the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, not more than fifty dollars ($50.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eights (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code Section 1773.8.
4
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed contract if the same is warded to him, and in
event of failure to enter into such contract said cash, cashier's
check, certified check, or bond shall become the property of the
City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar for an amount equal to
at least ten percent (10%) of the amount of said bid as a guarantee
that the bidder will enter into the proposed contract if the same
is warded to him, and in event of failure to enter into such
contract said cash, cashier's check, certified check, or bond shall
become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar to the difference
between the low bid and theisecond lowest bid, and the surplus, if
any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be fifty percent
(50%) of the annual contract price thereof, and an additional bond
in an amount equal to twenty-five (25%) of the contract price for
said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
5
contracted to be done by the Contractor, or any work or labor of
any kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which
may be entered into between him and the said City of Diamond Bar
for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a contractor at time of award in accordance with
the provisions of the Contractor's License Law (California Business
and Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has
not been issued by the City of Diamond Bar. A C-27 license is
required.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of diamond Bar on file in the
office of the City Clerk at the City hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of $5.00, said
5.00 is nonrefundable.
Upon written requiest by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
0
PASSED, APPROVED AND ADOPTED this day of
1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of 1991, by the
following Roll Call vote:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS
LYNDA BURGESS, City Clerk
City of Diamond Bar
7
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted
at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications for Public Works Construction, 1988
Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the bidder, his address, and the name of
the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the
bid is received in proper time. Any bid received after the scheduled closing time for receipt of
bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's
or certified check or by a bid bond in the amount of not less than ten percent (10%) of the
amount annual named in the proposal. Said check or bond shall be made payable to the City
Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the
work, will enter into a contract within ten (10) days after written notice of the award and will
furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said
contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond
will be accepted unless it conforms substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid
upon, alternative proposals or any other modifications of the bid form which is not specifically
called for in the contract documents may result in the Owner's rejection of the bid as not being
responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be
considered but a telegraphic modification may be considered and only if a postmark evidences
that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any erasures, interlineation, or other
corrections unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons signing
the bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the
words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of the individual items shall prevail
over the total figure shown. The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject
any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law.
Page 8
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the
proposed work and the contract documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered as to the character, quality,
and quantity of materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the site of the work and
the date of such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and the
drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to
meet all the difficulties attending the execution of the proposed contract before the delivery of his
proposal, and agrees that if he is awarded the contract, he will make no claim against the City of
Diamond Bar based on ignorance or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written
request, or by telegraphic request confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract
until he has secured all insurance and bonds required under this section nor shall be allow any
subcontractor to commence work on this subcontract until all similar insurance and bonds
required of the subcontractor have been obtained. All insurance issued in compliance with this
section shall be issued in the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the amounts required shall be
furnished by the contractor to the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the
State of California for all labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation Insurance laws.
The contractor shall maintain public liability insurance to protect said contractor and the City
against loss from liability imposed by law, for damages on account of bodily injury, including
death resulting therefrom, suffered or alleged to have been suffered by any person or persons,
other than employees, resulting directly or indirectly, from the performance or execution of this
contract or any subcontract thereunder, and also to protect said contractor and the City against
loss from liability imposed by law, for damage to any property, damage insurance shall be
maintained by the contractor in full force and effect during the entire period of performance under
this contract, in the amount of not less than $500,000 for one person injured in the accident and
in the amount of not less than $1,000,OdO for more than one person injured in one accident and in
the amount of not less than $500,000 with respect to any property damage aforesaid. The City
shall be named a co-insured regardless of fault.
Page 9
The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory
bonds conditioned upon faithful performance by the contractor of all requirements under the
contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one hundred percent (100%) of the
estimated aggregate amount of the payments to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not
less than one hundred percent (100°/x) of the estimated aggregate amount of the payments to be
made under the contract computed on the basis of the prices stated in the proposal
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting
a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings,
specifications, or other contract documents, or finds discrepancies in, or omissions from the
drawings and specifications, he may submit to the Owner a written request for an interpretation or
correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the contract documents will be made only by Addendum duly
issued and a copy of such addendum will be mailed or delivered to each person receiving a set
of the contract documents. No person is authorized to make any oral interpretation of any
provision in the contract documents to any bidder, and no bidder is authorized to rely on any
such unauthorized oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm,
partnership, corporation, or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such bidder is interested. If
there is reason for believing that collusion exists among the bidders, all bids will be rejected and
none of the participants in such collusion will be considered in future proposals.
11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible
bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to the alternate or alternates selected
and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if made, will be made within sixty (60)
calendar days after the opening of the proposals; provided that the award may be made after said
period of the successful bidder shall not have given the City written notice of the withdrawal of his
bid.
12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election
of the governing board to the lowest responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal.
Page 10
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Public Contract
Code). Forms for this purpose are, furnished with the contract
documents.
15. WORKERS COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
sign and file with the Owner the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing
the performance of work of this contra;ct."
16. BID DEPOSIT RETURN: Deposits of the three lowest bidders, the
number being at the discretion of the Owner, will be held for sixty
days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement, whichever
first occurs, at which time the deposits will be returned after
consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein
provided within (10) days from the date of written notice of the
award. Failure or refusal to enter into a contract as herein
provided, or to conform to any of the stipulated requirements in
connection therewith shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract,
the City may award the contract to the second lowest responsible
bidder. If the second lowest responsible bidder refuses or fails
to execute the contract, the City may award the contract to the
third lowest responsible bidder. On the failure or refusal of
such second or third lowest bidder to execute the contract, such
bidder's guarantees shall be likewise forfeited to the City. The
work may then be readvertised.
18. "OR EOUAL": Pursuant to Article 5, Chapter 3, Part 1,
Division 2 (commencing at 3400) Public Contract Code, all
specifications shall be deemed to include the words "or equal",
provided however that permissible exceptions hereto shall be
specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES• The contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The contractor and any subcontractor under him shall comply with
the requirements said sections in the employment of apprentices;
Page 11
however, the contractor shall have full responsibility for
compliance with said Labor Code section, for all apprenticeable
occupations, regardless of any other contractual or employment
relationships alleged to exist.
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available for
the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty to
the City of Diamond Bar, twenty-five dollars ($25) for laborers,
workmen, or mechanics employed for each calendar day, or portion
thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and
stipulated for any work done under the proposed contract, by him,
or by any subcontractor under him, in violation of the provisions
of the Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements relating
to the work as set forth in the aforementioned Labor Code are on
file and available for inspection in the Office of the Department
of Industrial Relations, Division of Labor Statistics and Research.
22. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are
advised that upon payment of the appropriate purchase price, the
set of contract drawings and specifications become the property of
the purchaser and are not to be returned to the City of Diamond
Bar.
23. AWARD OP CONTRACT: The award of the contract, if it be
awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements described.
24. QUANTITIES: The quantity of work for the unit price items to
be done under the contract, 1as noted in the Schedule of Prices, is
an estimate and is not to be taken an expressed or implied
statement that the actual quantity of work will correspond to the
estimate.
The right is reserved by the City of Diamond Bar to increase or
decrease or to entirely eliminate items from the work if found
desirable or expedient.
The Contractor will be allowed no claims for anticipated profits,
loss of profits or for any damages of any sort because of any
difference between the estimated and actual quantities of work done
of for work decreased or eliminated by the City .of Diamond Bar.
Page 12
25. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the City's Engineer signed by
an authorized representative of the bidder or by the person filing
the bid.
26. INVALID PROPOSALS: Proposals submitted by telegraph and those
which are not logged in at the office of the City Clerk of the City
of Diamond Bar, prior to the date and hour set for receipt of same
will not be considered.
27. ALTERING PROPOSALS: The wording of the proposals shall not be
changed. Any additions, conditions, limitations, or provisions
inserted by the bidder will render the proposal irregular and may
cause its rejection.
i
Erasures of interlineations in the proposal must be explained or
noted over the signature of the bidder.
28. ACCEPTANCE OR REJECTION OF BIDS• The City Council of the City
of Diamond Bar reserves the right to accept any bid or reject any
or all bids and to waive any informality of defects in bids
received as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may be
rejected.
Proposals in which a bid item is left totally blank will be
considered as being nonresponsive and automatically rejected.
29. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item
total amount arrived at by multiplying the unit price times the
quantity does not agree with the total amount entered for the item
or if the total amount is note entered, the unit price and the
corrected extension will be considered as representing the bidder's
intentions.
If in a unit price bid item the total amount is entered for the
item but not the unit prices the unit price shall be that which is
derived by dividing the total amount bid for the item by the number
of units in the item.
If the amounts bid on individual items (if called for) do not add
up to the total amount shown, the correctly added total of the
individual items shall prevail over the total amount.
30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to
time, issue addenda to the contract documents during the period of
advertising. The addenda will be sent to the address the purchaser
of the contract documents left with or furnished the City of
Diamond Bar at the time the purchase was made.
Page 13
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38
ITEM DESCRIPTION MONTHLY ANNUAL
NO. QUANTITY WITH UNIT PRICE PRICE AMOUNT
IN WORDS IN FIGURES
1 Lump Miscellaneous landscaping
Sum in Maintenance District
No. 38 (See attached map)
(Word)
TOTAL ANNUAL PRICE
In words
Page 14
In figures
If an individual, so state. If a firm or co -partnership,
state the firm name and give names of all individual co-partners
composing the firm. If a corporation, state legal name of
corporation, also names of President, Secretary, Treasurer, and
Manager thereof.
f
Business Address
Dated: , 19 'By
By:
Contractor's License No.
Contractor's License
Expiration Date
I declare under penalty of perjury of the laws of the
State of California that the representations made herein are true
and correct in accordance! with the requirements of California
Business and Professions Code Section 7029.15.
Contractor's Authorized Signature
15
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38
Accompanying this proposal is
(insert I cash," "cashiers check," "certified check," or "bidder's bond," as
the case amy be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contact, with
necessary bond, within ten (10) days, including Sundays and legal holidays, after having received
notice that the contract has been awarded and is ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
Page 16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification
Bid Date
This information_ must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1987 1988 1989 1990 TOTAL CURRENT YEAR
1. No. of contracts
2. Total dollar amount of contracts (in thousands of S)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.* No. of lost workdays
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries,
Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
r
Name of Bidder (print) Signature
Address State Contractors' Lic. No. &
Classification
City Zip Code Telephone
Page 17
The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows:
Ave.
Avenue
LF
Linear Feet
&
And
LS
Lump Sum
AC
Asphaltic Concrete
Mod.
Modified
Blvd.
Boulevard
MH
Manhole
CAB
Crushed Aggregate Base
I
Number
CB
Catch Basin
No.
Number
Conc.
Concrete
NRCP
Nonreinforced concrete
pipe
Conn.
Connector or Connection
Pvmt.
Pavement
Const.
Construct
Perm. Surf.
Permanent Surfacing
CIP
Cast Iron Pipe
PCC
Portland Cement C27oEb
CSP
Corrugated Steel Pipe
RC
Reinforced Concrete
CY
Cubic Yard
RCB
Reinforced Concrete Box
D
D -load of pipe
RCP
Reinforced Concrete Pipe
Dia.
Diameter
Reconn.
Reconnect
Dbl.
Double
Reconst.
Reconstruct
Dwy.
Driveway
Renf.
Reinforcing or reinforced
EA
Each
Restor.
Restoration
ELC
Electrolier Lighting
Resurf.
Resurfacing
Conduit
Excay.
Excavation.
Rd.
Road
Ex. or Exist.
Existing
Sched.
Schedule
'
Feet
SD
Storm Drain
Fur. & Pl.
Furnish and place
Sec.
Section
Ga.
Gauge
SF.
Square Feet
Galv.
Galvanized
Spec.
Special
Gr.
Grate
SS
Sanitary Sewer
H
High or height
Sta.
Station
HC
House connection
St.
Street
sewer
Struct.
structure
Improv.
Improvements
Trans.
Transition
"
Inches
TS
Transition Structure
JS
Junction Structure
Var.
Variable
Lb.
Pounds
VCP
Vitrified Clay Pipe
LD
Local Depression
W
Wide or Width
Page 18
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated
Bidder
Signature
Signature
Page 19
NONCOLLUSION AFFIDAVIT
State of California
ss.
County of
being first duly sworn,
deposes and says that he or she is
of the party making the foregoing
bid that the bid is not made in the interest of or on behalf of,
any undisclosed person, partnership, ccmpany,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 other 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 bids 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 date 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
STATE OF CALIFORNIA )
ss.
COUNTY OF
I!
Subscribed and sworn to before me this day of
19
Notary Public in and for the County
of , State of California.
My Commission expires
20
19
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
land is required by said City to give this bond in connection
with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any way release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Surety and notice of such alterations or
extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of F 1991.
PRINCIPAL
BY:
(SEAL)
SURETY
BY:
21
( SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies,'or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this
day of
PRINCIPAL SURETY
BY: BY:
( SEAL)
22
(SEAL)
1991.
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (100) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid
to the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on April 30, 1991 for Annual Landscape Maintenance
for Lighting and Landscape Maintenance District No. 38 in the
City of Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the
contract, and within the time and manner required under the
specifications, after the prescribed forms are presented to him
for signature, enters into a written contract, in the prescribed
form in accordance with the bid, and files the two bonds with the
City of Diamond Bar, one to guarantee faithful performance and
other to guarantee payments for labor and materials, as required
by law, 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 obligee and judgment is recovered,
the surety shall pay all costs incurred by the obligee in such
suit, including a reasonable attorney's fee to be fixed by the
court.
23
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1991
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
24
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS; City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment, and material for Maintenance of Lighting & Landscape
Maintenance District No. 38 in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: The work to be done under this
Agreement shall include the furnishing of all labor, material and
equipment necessary for the provision of the landscape and
appurtenant maintenance services as set forth in the specifications
for Lighting & Landscape Maintenance District No. 38 in the City of
Diamond Bar.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY•
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were setiforth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. .This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
25
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the
contract within ten (10) calendar days from the
date of notice of award of contract. This
agreement shall take effect and commence on July 1,
1991 for a period of twelve (12) months.
b. The City shall have the option to extend this
Agreement up to five (5) additional one (1) year
periods, subject to the same terms and conditions
contained herein, by giving the contractor written
notice of exercise of this option to renew at least
thirty (30) days prior to the expiration of the
initial term of this Agreement, or of any
additional one (1) year extensions.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the Engineer a
certificate of insurance as proof that he has taken
out full compensation insurance for all persons
whom he may employ directly or through
subcontractors in carrying out the work specified
herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in
full force and effect during the period covered by
this contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows:
26
"I am aware of the provisions of Section 3700 of
the Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any
subcontractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1)
Public Liability - Bodily
Injury (not auto
($500,000 each person;
$1,000,000 each
accident.
2)
Public Liability - Property
Damage (not auto)
$250,000 each person; $500,000 aggregate.
3)
Contractor's Protective
- Bodily Injury
$500,000 each person;
$1,000,000 each
accident.
4)
Contractor's Protective -
Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to by so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the
following words:
27
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution
of the contract present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in
accordance with the provisions of California Labor code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the -public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages. copies of such prevailing
rates of per diem wages are on file in the office of the City clerk
of the City of Diamond Bar, Suite 100 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
28
The contractor 'shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statues of 1939, and in accordance with the
regulations of the California Apprenticeship council, properly
indentured apprentices may a employed in the prosecution of the
work.
Attention is directed to the provisions in Sections
1777.5 of the Labor Code .concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5,, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices journeymen that
will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
29
The Contractor is required to make contribution to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentice:.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set
forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel.and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
i
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and
its officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to
the work or, any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful
misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City during the
progress of the work or at any time before its completion and final
acceptance.
30
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising
out of or in connection with the work, operation, or activities of
the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants, or independent. contractors who
are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations, o liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with
such work, operations, or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom
C. In the event City, without fault, its made a party
to any action or proceeding filed or prosecuted
against he Contractor for damages or other claims
arising out of or in connection with the work,
operation, or activities of the contractor
hereunder, the contractor agrees to pay to City any
and all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the mdney due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made
in the employment of persons upon public works because of the race,
color, or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
31
11. CONTRACT PRICE AND PAYMENT: Except where additional
compensation is specifically provided for in this Agreement, City
will pay contractor for his services under this Agreement set forth
in Bid Sheet, one month in arrears, on the last day of the month,
or as soon thereafter as payment is approved by,the City Council.
In the event the City exercises its option to extend
the term of this Agreement for one or more of the additional five
Contractor's monthly compensation shall be subject to adjustment at
the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
The Compensation provided herein shall be adjusted
to reflect the increase, if any, in the cost of living during the
previous year by adding to the Contractor's monthly compensation
the amount, if any, obtained by multiplyingthe Contractor's
compensation as of the adjustment date by the percentage by which
the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -
Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor
Statistics of the United Stated, Department of Labor, has increased
over the CPI for the month one year prior to the Index Month. If
the Index is discontinued, the Director's office shall, at its
discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by
City upon the giving of a written "Notice of Termination" to
contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event os such
termination, contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
t�
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
By:
Title
APPROVED AS TO FORM:
By: Title
City Attorney
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
City Clerk
Date
Contractor's Business Phone;
Emergency Phone at which
Contractor can be reached at any time:
33
GENERAL PROVISIONS
1. GENERAL CONDITIONS
All work shall be done in accordance with the 1988 Edition and
all supplements of the Standard Specifications for Public
Works Construction, hereinafter referred to as Standard
Specifications, Plans, Standard Construction Drawings and
these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work
Section 2-1. Award and Execution of Contract is amended by the
following•
(a) Examination of Plans, -Specifications Special Provisions
and Site of Work: The bidder is required to examine
carefully the site and the proposal, plans,
specifications and contract forms for the work
contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered, including all installations and utilities,
whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the specifications, the special provisions and the
contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that
the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank
forms to be obtai%ed from the City Clerk at City Hall,
21660 E. Copley Dr., Suite 100, Diamond Bar, California.
All proposals must give the prices proposed, both in
writing and figures, and must be signed by the bidder,
and his address shown. If the proposal is made by
individual, his name and post office address must be
shown. If made by a firm or partnership, the name and
post office of each member of the firm or partnership
must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which
the corporation, the proposal must show the name of the
state under the laws of which the corporation was
chartered and the names, titles, and business addresses
of the president, secretary, and treasurer.
G. P. 1
(c) Rejection of Proposals Containing Alterations, Erasures
Irregularities: Proposals may be rejected if they show
any alterations of form additions not called for,
conditional or alternative proposals, incomplete
proposals, erasures, or irregularities of any kind.
(d) Bidder's Guaranty: All proposals shall be presented
under sealed cover and shall be accompanied by cash,
cashier's check or certified check payable to, or
bidder's bond in favor of the City of Diamond Bar in an
amount of said proposal, and no proposal shall be
considered unless such cash, cashier's check, or bidder.'s
bond in enclosed therewith.
(e) Award of Contract: The award of the contract, if it be
awarded, will be to the lowest responsible bidder.
(f) Return of Bidder's Guarantees: Proposal guarantees will
be held until the contract has been finally executed,
after which they will be returned to the respective
bidders whose proposals they accompany.
Subsection 2-5.1. Plans and Specifications -General is amended by
the addition of the following:
An addendum to these specifications may be issued by the Engineer
at any time prior to the bid opening.
Subsection 2-9.5. Line and grade is amended by the addition of the
following•
(a) All surveying necessary and adequate for construction
purposes will be done by the City Engineer or as modified
in the Special Provisions.
(b) The Contractor shall give two (2) working days notice, in
writing, when thd!services of the City Engineer will be
required for laying out any portion of the work, and he
shall dig all holes necessary for line and grade stakes.
The Contractor shall preserve all stakes set for the
lines, grades or measurements of the work in their proper
places until authorized to remove them by the City
Engineer. Any expenses incurred in replacing said stakes
that the Contractor may have failed to preserve shall be
borne by the Contractor.
(c) Grades for all pipelines will be set on the surface of
the ground and the Contractor shall transfer them to the
bottom of the trench. At no time shall less than three
G. P. 2
(3) consecutive grade points be used in common so that
any variation from a straight grade can be detected. Any
such variation shall be reported to the City Engineer and
in the absence of such report, the Contractor shall be
responsible for any error in the grade of the finished
work.
(d) The Contractor shall preserve all bench marks, stakes and
other survey marks, and incase of their removal or
destruction by his own employees or by his
subcontractor's employees, he shall be liable for the
cost of their replacement.
Section 4. Control of Materials. Subsection 4-1.3 is modified to
delete the requirement for inspection at the source of asphaltic
concrete.
Section 5. Utilities. This section is modified by addition of the
following subsections.
Subsection 5-1. Location. This section is amended by addition of
the following•
The Contractor shall notify Underground Service Alert (USA) at 1-
800-422-4133 two working days prior to the start of any boring or
excavating operations.
The Contractor shall notify the owners of all utilities 48 hours
before start of construction. The utility owners listed may be
contacted as indicated:
Utilitv Owner Identification. Utility owners who may have
facilities which may affect the work are as follows:
General Telephone
1400 E. Phillips Blvd.
Pomona, California 91766
(714) 865-3307
Southern California Edison company
800 West Cienega
San Dimas, California 91773
(714) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(714) 595-7554
G. P. 3
Southern California Gas Company
Distribution Department
920 S. Stimson Ave.
City of Industry, California 91745
(714) 394-4327
Underground Service Alert
1 (800) 422-4133
Subsection 5-2_ Protection. The Contractor is hereby alerted to
the existence of all utility lines shown on the plans.. The
Contractor shall carefully protect all lines during the course of
construction. The Contractor is cautioned to protect existing
utilities and their appurtenances which may be within the work
area. Particular attention shall be given to water valves.
Subsection 5-4. Relocations The City of Diamond Bar has water
mains, valves, sprinkler electrical controls, services and meters
within the project area which conflict with the new work. Much of
the modification and/or relocation work will necessarily be done
currently with Contractor's improvement operations. Therefore,
Contractor will necessarily have to work around some City
facilities and closely coordinate with the City.
Section 6. Construction Schedule and Commencement of Work is
amended by the addition of the following•
Prior to commencing construction the contractor shall submit for
approval a construction schedule.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Section 7-2. Labor amendediby the addition of the followin
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Chapter 11 or Part VII, Division 2 of
the Labor Code in accordance with the provisions of Section 1735
thereof.
G.P. 4
Subsection 7-3.1. Contractor's Responsibilitv for Work.
Until acceptance of the work in writing by the City of Diamond Bar,
the contractor shall have the charge and care of the work site at
all times and shall bear the risk of injury or damage to any part
thereof by the action of the elements or from the any other cause,
whether arising from the execution or from the non execution of
work. The contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the work occasioned by
any of the above causes before final acceptance and shall bear the
expense thereof.
The City of Diamond Bar permits stockpiling of excavation material
and/or construction material only in an authorized location. This
requirement also applies to the location of a .material and
equipment yard and a construction office.
All existing improvements (except utilities) which are removed or
damaged during the course of construction of the project shall be
restored to a condition equal to or better than, in all respects,
the existing improvements removed or damaged unless otherwise
specified or noted on the drawings.
Full compensation for conforming to the requirements of this
section shall be included in other items of work performed and no
additional compensation will be allowed.
Subsection 7-4.1 Duration of Contract
The Contractor shall begin work on or before the date of a written
"Notice to Proceed", which shall be not later than 20 calendar days
after execution of contract, and shall complete the entire work
within sixty (60) calendar days.
Subsection 7-10.1. Traffic and Access is amended by addition of the
following•
No public street, or portion thereof, may be closed to through
traffic as part of this Contract. However, if, in the opinion of
the Engineer, it is in the interest of the City of Diamond Bar to
close the street, the contractor shall close the street as directed
by the Engineer. Full compensation for conforming to the
requirements of this section shall be included in other items of
work performed and no additional compensation will be allowed.
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or
G. P. 5
damage or injury to the public or to give adequate warning to the
public of any dangerous conditions to be encountered. The Caltrans
"Manual of Traffic Controls" shall be used for all traffic control
on this project. Payment for this work shall be included in Bid
items No. 1 (Irrigation System Installation).
Subsection 7-11 SHORING OF EXCAVATIONS
Shoring of excavations is not generally required on this project,
however, the City's Engineer may determine that shoring is required
in portions of the construction area, due to the type of trench
excavation proposed by the contractor.
The City has performed no soil testing to determine precisely what
areas, if any, will require shoring.
Shoring of excavation if required shall be in accordance with the
requirements of Subsection 306-1, as amended, of the Standard
Specifications, and shall meet all requirements of the Construction
Safety Orders of the Department of Industrial Relations, State of
California and of OSHA. Approved protective fencing and
barricading will also be provided by the Contractor as a part of
this item. Prior to the excavation the Contractor shall obtain all
permits required thereby.
The Contractor shall conform to the Section 6424 of the California
State Labor Code regarding shoring and bracing of excavations. Of
special importance in this regard is the following extract from
said section:
"For the excavation of any trenches five feet or more in
depth, the Contractor shall submit for acceptance by the
awarding body, or by a registered civil or structural engineer
employed by the awarding body, to whom authority' has been
delegated, in advance of excavation, of a detailed plan
showing the design of shorings, bracing, sloping or other
provisions to be made for worker protection from hazard of
caving ground duringli the excavation of such trench or
trenches. If such plan varies from the shoring system
standards established by the Construction Safety Orders, the
plan shall be prepared by a registered civil or structural
engineer".
Full compensation for conforming to the requirements of this
section shall be included in other items of work involved and no
additional compensation will be allowed.
Section 9. Measurement and Payment
G. P. 6
Subsection 9-3 is modified by addition of the following 'Paragraphs:
The Contractor agrees that the payment of the amount under the
contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to
a monthly progress payment in an amount equal to ninety percent
(90%) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments, provided that in all events the City
shall withhold no less than ten percent (10%) of the contract price
until final completion and acceptance of the work. The Contractor
may substitute in lieu of cash retention.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the contract, nor
shall it in any way govern the final estimate.
Final Payments. After the completion of the contract, the Engineer
shall make a final inspection of the work done thereunder, and if
entirely satisfactory and complete, the City shall pay the
Contractor an amount which, when.added to the payments previously
made and deductions allowable to the City, will equal ninety
percent (900) of the contract price. Thereafter the balance of the
contract price remaining unpaid shall be paid 35 calendar days
after the recording of a Notice of Completion by the City. The
payment of the final amount due under the contract and. the
adjustment and payment for any work done in accordance with any
alterations of the same shall release the City form any and all
claims on account of the work performed under the contract or any
alterations thereof.
G. P. 7
SPECIFICATIONS FOR THE PROVISION OF
LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR
SPECIAL LANDSCAPE MAINTENANCE DISTRICTS
1. SCOPE OF THE WORK AND CONTRACT
1.01 The Work to be done under these specifications shall
include the furnishing of all labor, material and equipment necessary
for the provision of landscape and appurtenant maintenance services
asset forth in these specifications including the exhibits attached
hereto within the boundaries of the Special Districts and as said
boundaries may have been heretofore or may be hereafter altered.
1.02 The foregoing work shall be done in a thorough and
workmanlike manner under the direction and to the satisfaction of the
Director of the Parks and Maintenance Department. The premises shall be
maintained at the level of service provided for in these specifications
at all times.
1.03 The Contractor shall have the exclusive duty, right and
privilege to mow, edge, trim, overseed, reseed, fertilize, aerate,
irrigate, hand water and bleed valves as necessary during emergencies
when automatic systems are not functioning, prune, trim, and renovate
turf and shrub areas designated hereunder, as well as to provide weed
control, disease control, tree maintenance within the District,
maintenance of sprinkler systems including backflow prevention devices,
repair of walkways, pumps; and the necessary maintenance of any
appurtenant structures and equipment.
1.04 In return for the exclusiveness of said Contract and the
other considerations provided for herein, the Contractor agrees to
provide the landscape and appurtenant maintenance services within said
District without any further compensation except as otherwise
specifically provided for in the contract and/or specifications.
1.05 The Contractor shall not work or perform any operations,
particularly during periods of inclement weather, which may destroy or
damage plant, groundcover or turf areas.
1.06 The Contractor shall, during the specified hours and days
of operation, respond to all emergencies within two (2) hours of
notification.
1.07 The Contractor shall perform a maintenance inspection
weekly during daylight hours of all areas within the premises. Such
inspection shall be both visual and operational. It, shall include
operation of all irrigation, lighting and other mechanical systems to
check for proper condition and reliability.
1.08 The term Director as used in these specifications shall
mean Director of the Parks and Maintenance or his authorized representa-
tive(s).
epresenta-
tive(s).
2. AREAS TO BE MAINTAINED
2.01 There are medians, parkway panels, cul-de-sac islands,
village greens, adjacent roadway slopes, open space lots, linear
greenbelts, paseos, fire protection slope areas, gate entry areas, creek
beds, semi -natural, and natural areas with turf, plants, trees, and
SPl
ground cover which are irrigated by manual and/or an electrically
controlled automatic systems.
2.02 An identification of the areas to be maintained is
provided in Exhibit A attached to these specifications.
2.03 The bidder, before submitting his bid, shall visit all
existing areas to be maintained and inform himself fully as to all
conditions that might affect the work specified. Said inspection of
these areas in the company of City representatives will be required as
a condition of submitting a bid and all bidders must attend the bidders'
conference which will be held on the site on the day of the walk-through
inspection.
2.04 Estimated square footages by district are provided for
all areas to be maintained on the attached Exhibit A. However, it is
the responsibility of the Contractor to verify by inspection and to
observe the various slope characteristics.
3. CERTIFICATIONS/REPORTS
3.01 Certification
Contractor shall complete the attached Landscape
Maintenance certification form designated Exhibit B and shall submit
same to Director concurrent with the monthly invoicing. The monthly
payment to the Contractor will not be made until such report has been
received by the Director.
3.02 In addition, when applicable, Contractor shall submit
with the monthly invoice and Landscape Maintenance certification form,
a report indicating, for those specialty type maintenance operations
completed, the quantity and complete description of all commercial and
organic fertilizer(s), grass seed and soil amendments used and a valid
licensed California Pest Control Advisor's recommendation and copies of
corresponding pesticide use report signed by a licensed California Pest
Control Operator for all chemical disease and pest control work
performed.
3.03 Maintenance Function Report
Contractor shall maintain and keep current a report form
that records all On -Going, Seasonal, and Additional Work, maintenance
functions performed on a daily basis, by Contractor's personnel. Said
report shall be in a form Und content acceptable to the Director and
shall be submitted to Director concurrent with the monthly invoicing.
The monthly payment will not be made until such report is received by
the Director.
4. ADDITIONAL WORK
4.01 The Director may at his discretion authorize the
Contractor to perform additional work, in accordance with the provisions
of the contract including but not limited to, repairs and replacements
when the need for such work arises out of extraordinary incidents such
as vandalism, Acts of God, and third party negligence; or improvements
in order to add new, modify existing or to refurbish existing
landscaping and irrigation systems as provided for in the contract
authorizing the provision of those services.
SP2
5.
6.
4.02 Prior to performing any additional work, the Contractor
shall prepare and submit a written description of the work with an
estimate of labor and materials. No work shall commence without the
written authorization from the Director. Not withstanding the above
authorization, when a condition exists wherein there is imminent danger
of injury to the public or damage to property, the Director may verbally
authorize the work to be performed upon receiving a verbal estimate from
the Contractor. However, within twenty-four (24) hours after receiving
a verbal authorization, the Contractor shall submit a written estimate
to the Director for approval.
4.03 All additional work shall commence on the specified date
established and Contractor shall proceed diligently to complete said
work within the time allotted.
CONTRACTOR'S LIABILITY
5.01 All damages incurred to existing improvements located
within areas under maintenance which in the City's opinion are due to
the Contractor's operation shall be repaired or replaced at the
Contractor's expense.
5.02 All such repairs or replacements shall be completed
within the following time limits.
a. Irrigation damage shall be repaired or replaced
within one watering cycle.
b. All damages to shrubs, trees, turf or groundcover
shall be repaired or replaced within five (5) working days.
5.03 All repairs and/or replacements shall be completed in
accordance with the following maintenance practices.
a. Trees - Minor damage such as bark lost from impact
of mowing equipment shall be remedied by a qualified tree surgeon or
arborist.
If damage results in loss of a tree, the
damaged tree shall be removed and replaced to comply with the specific
instructions of Director.
b. Shrubs Minor damage may be corrected by
appropriate pruning.
- Major damage shall be corrected by removal
of the damaged shrub and replacement to comply with the provisions in
Section 18 of these Specifications.
C. Chemicals - All damage resulting from chemical
operation, either spray -drift or lateral -leaching, shall be corrected in
accordance with the aforementioned maintenance practices and the soil
conditioned to insure its ability to support plant life.
INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise the Director will
interpret the Agreement. If the Contractor disagrees with the
interpretation of the Director, he shall continue with the work in
accordance with the Director's interpretation. Within thirty (30) days
after receipt of the interpretation, he may file a written request for
a hearing before a Disputes Review Panel as provided herein. The
SP3
written request shall outline in detail the area of dispute.
6.02 The Disputes Review Panel will be appointed by the
Director and will be composed of not less than three Non -City personnel
having experience in the administration of Landscape maintenance
contracts. The panel will convene within one (1) week of appointment in
order to hear all matters related to the dispute. The hearing will be
informal and formal rules of evidence will not apply. The Panel will
submit its recommendation to the Director, for his consideration, within
one (1) week following the conclusion of the hearing. The Director
shall render an interpretation based upon his review of the Panel's
recommendation. The Director's decision shall be final.
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed
place and shall maintain a telephone thereat, listed in the telephone
directory in his own name or in the firm name by which he is most
commonly known, and shall, at all times, have some responsible
person(s), employed by the Contractor, to take the necessary action
regarding all inquiries and complaints that may be received from
property owners and tenants within said District or from the Director.
This person(s) shall be reachable 24 hours per day. An answering
service shall be considered an acceptable substitute to full time
coverage, provided Contractor is advised of the complaint within one (1)
hour of receipt of complaint by the answering service. The telephone of
said Contractor shall be on the exchange or exchanges of said
District(s) or a toll-free number, and in no case shall the people of
said District(s) be required to pay a toll charge to telephone said
Contractor. During normal working hours, the Contractor's Foreman or
employee of the Contractor, who is responsible for providing maintenance
services shall be available for notification through,radic communica-
tion.
7.02 Whenever immediate action is required to prevent
impending injury, death or property damage to the facilities being
maintained, City may, after reasonable attempt to notify the Contractor
cause such action to be taken by the City work force and shall charge
the cost thereof as determined by the Director, against the Contractor,
or may deduct such cost fro4 any amount due to Contractor from City.
7.03 The Contractor shall maintain a written log of all
complaints, the date and time thereof and the action taken pursuant
thereto or the reason for non -action. The log of complaints shall be
open to the inspection of the Director at all reasonable times.
7.04 All complaints shall be abated as soon as possible after
notification; but in all cases within 24 hours, to the satisfaction of
the Director. If any complaint is not abated within 24 hours, the
Director shall be notified immediately of the reason for not abating the
complaint followed by a written report to the Director within five (5)
days. If the complaints are not abated within the time specified or to
the satisfaction of the Director, the Director may correct the specific
complaint and the total cost incurred by the City will be deducted and
forfeit from the payments owing to the Contractor from the City.
SP4
8. SAFETY
8.01 Contractor agrees to perform all work outlined in these
specifications in such a manner as to meet all accepted standards for
safe practices during the maintenance operation and to safely maintain
equipment, machines, and materials or other hazards consequential or
related to the work; and agrees additionally to accept the sole
responsibility for complying with all local, County, State or other
legal requirements including but not limited to, full compliance with
the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at
all times so as to protect all persons, including Contractor's
employees, agents of the City, vendors, members of the public or others
from foreseeable injury, or damage to their property. Contractor shall
inspect all potential hazards at said areas under maintenance and keep
a log indicating date inspected and action taken.
8.02 It shall be the Contractor's responsibility to inspect,.
and identify, any condition(s) that renders any portion of the areas
under maintenance unsafe, as well as any unsafe practices occurring
thereon. The Director shall be notified immediately of any unsafe
condition that requires major correction. Contractor shall be
responsible for making minor corrections including but not limited to
filling holes in turf areas and paving, replacing valve box covers, and
securing play apparatus if any so as to protect members of the public or
others from injury. Contractor shall cooperate fully with City in the
investigation of any accidental injury or death occurring on the
premises, including a complete written report thereof to the Director
within five (5) days following the occurrence.
9. HOURS AND DAYS OF MAINTENANCE SERVICE
9.01 Hours of maintenance service shall be either 6:00 a.m. to
2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be
provided for a Special District pursuant to the work schedule approved
in advance by the Director.
9.02 Contractor shall provide on-site staffing at the
prescribed hours five (5) days per week, Monday through Friday at the
Special Districts indicated on the work schedules approved in advance by
the Director. Any changes iIh the days and hours of operation heretofore
prescribed shall be subject to prior written approval by the Director.
9.03 Per State of California Labor Code, Contractor is
directed to the, following prescribed requirement with respect to the
hours of employment. Eight (8) hours of labor under this Agreement
shall constitute a legal day's work and said Contractor shall not
require or permit any laborer, worker or mechanic, or any subcontractor
employed by him to perform any of the work described herein to labor
more than eight (8) hours during any one day or more than forty (40)
hours during any one calendar week, except as authorized by Labor Code
Section 1815, under penalty of paying to the City the sum of Twenty-
five Dollars ($25.00) for each laborer, worker or mechanic employed in
the execution of said Agreement by him, or any subcontractor under him,
upon any of the work included in said Agreement for each calendar day
during which such laborer, worker or mechanic is required or permitted
to labor more than eight (8) hours in any one calendar day or forty
SP5
(40) hours in any one calendar week, in violation of the provision of
Section 1811 to 1815, inclusive, of the Labor Code of the State of
California.
14. MAINTENANCE SCHEDULES
10.01 Contractor shall provide a work schedule for the
Districts to be maintained which shall be submitted to the Director
within ten (10) days after the effective date of this Agreement for his
approval.
10.02 The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance. Said
revisions shall be submitted to the Director within five (5) working
days prior to scheduled time for the work.
10.03 The above provisions are not construed to eliminate the
Contractor's responsibility in complying with the requirement to notify
the Director for Specialty Type maintenance as set forth immediately
hereinafter.
10.04 Contractor shall notify the Director, in writing, at
least two (2) weeks prior to the date and time of all "Specialty Type"
maintenance operations. "Specialty Type" operations are defined as:
a. Fertilization
b. Turf aerification
C. Turf renovation/verticutting
d. Turf reseeding
e. Spraying of trees, shrubs or turf
e. Other items as determined by the Director
Said "Specialty Type" maintenance services shall be performed in compliance
with the specialized maintenance program (Exhibit C) attached hereto.
Failure to complete special services in accord with the schedules set forth
on Exhibit C will resultinthe Contractor becoming liable to the City for
liquidated damages ($100 per day) without written notice commencing
automatically upon the first day following the final date such work was to be
completed.
11. CONTRACTOR'S STAFF
11.01 The Contractor shall provide sufficient personnel to
perform all work in accordance with the specifications set forth herein.
All of the Contractor's maintenance personnel shall be supervised by a
qualified, English speaking, Foreman in the employ of the Contractor.
11.02 Contractor shall transfer or discharge any employee whose
conduct or activity shall, in the reasonable exercise of discretion by
the Director, be deemed detrimental to the interest of the public
patronizing the premises. Contractor shall transfer or discharge any
such person within a reasonable time following notice therefor from the
Director and such person shall not be employed at any other City
District area of maintenance contracted for and maintained by, the
Contractor.
SP6
11.03 Director may require the Contractor to establish
an identification system for personnel assigned to an area of
maintenance which clearly indicates to the public the name of the
Contractor responsible for the landscape and appurtenant maintenance
services. The identification system shall be furnished at the
Contractor's expense and may include appropriate attire and/or name
badges as specified by the Director.
11.04 The Contractor shall require each of his employees to
adhere to basic public works standards of working attire. These are
basically; uniforms, proper shoes and other gear required by State
Safety Regulations, and proper wearing of the clothing. Shirt, shall be
worn at all times and buttoned.
12. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter
upon the areas under maintenance or improvements thereon, unless prior
written approval therefor is obtained from the Director.
13. UTILITIES
13.01 The City shall pay for all utilities. However, water
usage shall not exceed amount required to comply with irrigation
schedules established by the Contractor and approved by the Director.
Contractor shall pay for all excessive utility usage due to Contractor's
failure to monitor irrigation system- malfunctions or unauthorized
increases in the frequency of irrigation. The excess cost will be
determined by comparing current usage with historical usage for the same
time period. The excess cost factor, to be deducted from payments to
Contractor from City will be presented to the Contractor by the Director
prior to actual deduction to allow for explanations.
14. NON-INTERFERENCE
14.01 Contractor shall not interfere with the public use of the
premises and shall conduct its operations as to offer the least possible
obstruction and inconvenience to the public or disruption to the peace
and quiet of the area within which the services are performed.
15. STORAGE FACILITIES
15.01 City shall not provide any storage facilities for the
Contractor.
15. TURF CARE
16.01 The Contractor shall perform at his sole expense the
following services:
a. Mowing. Turf to be mowed with an adequately
SP7
sharpened rotary or reel type mower, equipped with rollers, to ensure a
smooth surface appearance without scalping. All warm season grasses
(Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth
throughout the year. All cool season grasses (Blue Grass and Fescues)
to be cut at 22 inches during April through November and at 2 inches
during December to March of each year. The mowing heighths will be
adjusted by the Director during periods of renovation. All grass
clippings will be collected and removed from the site on the same day
the area is mowed. A mowingschedule will be established and main-
tained. This schedule will provide that all areas will be mowed not
less than once a week during the warm season of April to November and
once every two weeks during the cool season of December to March. This
schedule will be submitted to the Director for approval.
b. Edging. With each cutting, the edge of the grass
along sidewalks, curbs, shrub and flower beds, and walls shall be
trimmed to a neat and uniform line. Where trees and shrubs occur in
turf areas, all grass shall be removed 6 inches from the trunks of trees
and away from the drip line of shrubs by use of power scythe, approved
cnemicals, or sma11 mowers as required. Trim around all sprinkler heads
as necessary in order to provide maximum water coverage. Edging will be
done concurrent with each mowing. The edge of the turf shall be trimmed
around value boxes, meter boxes, backflow devices or any structures
located within the turf areas. All turf edges are to be maintained to
prevent grass invasion into adjacent shrub, flower, and ground cover bed
areas. All clippings shall be removed from site the same day area is
edged. After mowing and edging is completed all adjacent walkways are
to be swept clean by power blower.
C. Weed Control. Control turf weeds as needed and in
accordance with the specialized maintenance program (Exhibit C). Hand
removal of noxious weeds or grasses will be required as necessary.
d. Insect/Disease Control. Eliminate all insect or
disease affecting turf areas as they occur.
e. Aerating. Aerate all turf areas four (4) times
annually in accordance with the specialized maintenance program (Exhibit
C). Aerate all turf by using 2 inch tines removing 2 -inch cores of sod
with an aerator machine at not more than 6 -inch spacing once over.
Director is to be notified at least two (2) weeks prior to the exact
date of aerating.
f. Thatch Removal. Renovate all warm season grasses to
the soil line and verticut all cool season grasses once annually prior
to the overseeding operation to be performed in the fall of each year.
Equipment will consist of standard renovating or vertical mowing types.
Director is to be notified at least two (2) weeks prior to the exact
date of renovation.
g. Irrigation. Irrigation, including hand watering and
bleeding of valves during an emergency situation, as required to
maintain adequate growth rate and appearance and in accordance with a
schedule most conducive to plant growth. Contractor to provide Director
with monthly written irrigation schedule on form provided for this
purpose. Director shall have the ability to change the irrigation,
schedule as the need develops. Adequate soil moisture will be
determined by programming the automatic sprinkler controllers as
follows:
SP8
(1) Considerationmust be given to the soil
conditions, seasonal temperatures, wind conditions, humidity, minimizing
runoff and the relationship of conditions which affect day and night
watering. This may include daytime watering during winter weather to
prevent icy conditions and manual operation of the irrigation system
during periods of windy or inclement weather. During freezing and/or
windy conditions, automatic irrigation will be discontinued.
(2) In ureas where wind creates problems of
spraying water onto private property or road rights-of-way, the
controllers shall be set to operate during the period of lowest wind
velocity which would normally occur at night (between the hours of 7:00
p.m. and 6:00 a.m.).
(3) The Contractor shall be responsible for
monitoring all systems within the jurisdiction of this specification and
correct for: coverage, adjustment, clogging of lines, and removal of
obstacles, including plant materials which obstruct the spray.
(4) Check systems daily and adjust and/or repair
any sprinkler heads causing excessive runoff, including slope areas, or
which throw directly onto roadway paving or walks (where sprinkler heads
can be adjusted) within the District.
(5) All controllers shall be adjusted on a weekly
basis considering the water requirements of each remote control valve
(sprinkler station)
(6) Irrigation system will be controlled by
Contractor in such a way as not to cause an excessively wet area which
could interfere with the Contractor's ability to mow all turf.
(7) The Contractor shall observe and note any
deficiencies occurring from the original design and review these
findings with the Director, so necessary improvements can be considered.
(8) Contractor shall repair all leaking or
defective valves immediately upon occurrence, or within twenty-four (24)
hours following notification from the Director of such a deficiency.
(9) A soil probe shall be used to a depth of twelve
(12) inches to determine the water penetration by random testing of the
root zones.
(10) Contractor shall file a monthly statement with
the Department of Parks and+jMaintenance certifying that all irrigation
systems are functioning properly and provide a monthly irrigation
schedule for the succeeding month.
(11) Contractor shall also be required to file a
yearly certification with the Department of Health Services that all
backflow prevention devices on the irrigation systems are operating in
accordance with the requirements established by the Los Angeles County
Health Services Department. It will he the responsibility of the
Contractor to repair and replace when necessary subject to the
provisions of Section 21 hereunder all backflow prevention devices at
his sole expense. Said certification shall be completed within thirty
(30) days upon notification from the Department of Health Services that
said certifications are due.
h. fertilization. Turf shall be fertilized with a balanced
type commercial fertilizer twice (2) a year during the months of May
and September. All fertilizer used shall be inorganic and granular.
SP9
Rate for each application shall be one (1) pound of actual available
nitrogen per 1,000 square feet of a balanced type commercial fertilizer.
The balanced fertilizer shall be approved by the Director and shall be
of a 4-1-2 ratio. In addition to the balanced type commercial fertili-
zation, the Contractor shall fertilize all turf areas with ammonium
sulphate during March, April, and July of each calendar year at a rate
of one (1) pound of actual available nitrogen per 1,000 square feet and
with calcium or ammonium nitrate during November, December, and January
of each calendar year at a rate of one (1) pound of actual available
nitrogen per 1,000 square feet. All turf areas fertilized shall be
thoroughly soaked immediately following fertilization.
i. Turf Reseeding. Contractor shall once each year in fall,
overseed all turf after aerification and overseed all bare spots as
needed throughout the remainder of the year to reestablish turf to an
acceptable quality. When Contractor reseeds turf he will aerify,
renovate or verticut, seed and mulch (spread evenly over the entire area
to a uniform depth of 1/4 inch) in this sequence. The Director may
require the use of sod when deemed necessary. Contractor shall be
entitled to additional compensation for the cost of the sod only
provided loss of turf was not due to the negligence of the Contractor.
Overseeding shall be sown at a rate of five (5) pounds per 1,000 square
feet and reseeding of bare areas shall be sown at a rate of eight (8)
pounds per 1,000 square feet. The following seed specifications shall
be used for all overseeding and reseeding.
Proportion
Name By Weight Purity Germination
Newport Blue Grass
Lolium Perenne 'Pennfine' Rye
Pennant Rye
Derby Rye
17. SHRUB AND GROUND COVER CARE
20%
95%
90%
26 1/30
95%
85%
26 1/3%
950
85%
26 1/3%
95%
85%
17.01 The Contractor shall perform at his sole expense the
following services:
a. Pruning. Prune shrubbery during the month of
January through March to encourage healthy growth habits and for shape
and appearance with the exception of roses which shall be pruned no
later than January. All shrubs shall be free of dead wood, weak,
diseased, insect infested and damaged limbs at all times. Remove all
clippings the same day shrubbery is pruned.
b. Trimming. Restrict,growth of shrubbery and ground
covers to area behind curbs and walkways, and within planter beds by
trimming, as necessary, or upon written notice by the Director.
C. Renovation. Renovate ground covers according to
prescribed practices in the industry as needed to maintain a healthy
vigorous appearance and growth rate.
d. Disease and Insect Control. Maintain free of
disease and insects and treat when needed pursuant to section 20.
SP10
e. Weed Control. All ground cover and shrub beds are
to be kept weed free at all times. Methods for control can incorporate
one or all three of the following:
(1) Hand removal.
(2) Cultivation.
(3) Chemical eradication.
f. Fertilization. Apply fertilizer at least two (2)
times per year (during the months of March and April, and September and
October) to provide a healthy color in all plants with foliar feedings
if applicable. Contractor will cultivate around plants where needed.
Fertilizer should be a balanced inorganic 10-6-4 ratio with trace
elements. The Contractor shall provide the Director with a fertiliza-
tion schedule, with two (2) weeks notification prior to the proposed
fertilization.
g. Irrigation. Irrigate including hand watering and
bleeding of valves in emergency situations where automatic systems are
not functioning as required to maintain adequate growth rate and
appearance. Section 16, Paragraph 9, concerning irrigation practices
shall apply to shrubs and ground covers.
h. Shrub and Ground Cover Replacement. All damaged,
diseased (untreatable) or dead shrubs and ground covers will be replaced
with the exact same material that existed and of similar size as
required by the Director unless otherwise notified by the Director in
writing. Substitutions for any plant materials must have prior approval
in writing by the Director. Original plans and specifications should be
consulted to determine correct identification of species. All shrubs
shall be guaranteed to live and remain in healthy condition for no less
than six (6) months from the date of acceptance of the job by the
Director.
18. TREE CARE
18.01 The Contractor at his sole expense shall perform the
following services:
a. Tree Maintenance:
(1) Contractor shall be responsible for the
pruning, shaping andremoval of trees under 15' in height. The
Contractor shall inform the Manager's office of any damaged or diseased
trees or any trees that po4e a threat to adjacent concrete, walls or
property.
(2) All trees shall be maintained free of all dead,
diseased and damaged branches back to the point of breaking. Cuts must
be made flush with the parent limb or trunk to promote proper healing.
Any cuts exceeding one and one-half (12) inch will be treated with a
wound dressing. All sucker growth is to be removed from.trees as it
occurs.
(3) Maintain seven (7) foot clearance for branches
overhanging walks and fourteen (14) foot clearance for branches
overhanging beyond curb line into the paved section of streets where
applicable.
(4) Control insects and diseases as needed pursuant
to the provisions of section 19 and Exhibit C.
SPI 1
(5) Stake and support all replacement trees and
replace stakes which have been broken or damaged on existing trees as
required.
(a) Tree stakes shall be pentachloraphenol
treated lodge pole pine not less than eight (8) feet in length for five
(5) gallon size trees and not less than ten (10) feet for fifteen (15)
gallon trees sizes (two (2) per tree).
(b) Guy wires where required and plant ties
will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per
tree).
(c) Hose for covering wire to be either new or
used garden hose at least one-half (�) inch in diameter those ties
should allow for minimum of three (3) additional inches of clearance
beyond the diameter of the branch or trunk being secured).
(d) Stakes will not be placed closer than
eight (8) inches from trunk of the tree.
(e) Stakes and ties will be placed so no
chafing of bark occurs and shall be checked frequently and retied to
prevent girdling.
b. Fertilization. Apply fertilizer within dripline at
least once per year (during the months of March or April) to provide a
healthy color in all plants. Fertilizer should be a balanced inorganic
10-6-4 ratio with trace elements. The Contractor shall provide the
Director with two (2) weeks notification prior to the fertilizer
application.
C. Irrigation. Irrigation will be programmed in
conjunction with automatic controllers or manual control valves
servicing turf or ground cover and shrub areas in accordance with the
requirements of Section 16, Paragraph 9.
d. Permits. If a permit is required for tree pruning,
City Department of Parks and Maintenance will obtain permit prior to
commencement of work by Contractor.
e. Tree Replacement. All trees permanently damaged by
any means will be replaced as provided for under Sections 6 or 24 with
the identical species of tree existing previously, unless 'otherwise
notified in writing by the Director. The need for and the size o,
replacement will be determined by the Director at the monthly
maintenance inspection meeting or upon written notification. Size of
the replacement shall be of a like size not to exceed a 24 -inch box
specimen container size. Substitutions will require prior written
approval by the Director. Original plans and specifications should be
consulted to insure correct identification of species.
f. Olive Tree Spraying. Ornamental olive trees shall
be -sprayed to prevent fruit set by use of "Maintain." Two applications
shall be required 7-10 days apart. The first application shall be
applied when 1/2 to 3/4 of the olive blooms are open (sometime between
April 1 and May 10). Both spray applications shall be put on using a
power sprayer with a minimum of 150 p.s.i. pressure.
19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL
19.01 The Contractor shall perform at his sole expense the
following services:
SP12
a. Chemical Application. All work involving the use of
chemicals will be accomplished by a State of California licensed pest
control operator. A written recommendation by a person possessing a
valid California Pest Control Advisor License is required prior
to chemical application.
b. Permits. All chemicals requiring a special permit
for use must be registered by the Contractor with the County Agricul-
tural Commissioner Office and a permit obtained with a copy to the City
Department of Parks and Maintenance prior to use. A copy of all forms
submitted to the county Agricultural Commissioner shall be given to the
Director on a timely basis.
C. Compliance with Regulations. All regulations and
safety precautions listed in the "Pesticide Information and Safety
Manual" published by the University of California will be adhered to.
d. Pest Control. Control of ground squirrels, gophers,
and other burrowing rodents by trapping and/or eradication will be
provided by the District. Whenever holes are visible upon the surface,
these holes shall be filled and securely tamped by contractor to avoid
moisture runoff entering the holes. This procedure shall be followed in
all areas especially within all slope areas.
20. GENERAL CLEAN-UP
20.01 -The Contractor shall perform at his sole expense the
following services:
a. Trash Removal. Remove all trash and accumulated
debris from site.
b. Policing of Areas. All areas under maintenance and
other designated areas will have above identified trash removed Mondays,
Wednesdays and Fridays of each week throughout the year.
C. Concrete/Asphalt Median Strip Maintenance.
Contractor is responsible for weed and grass removal within concrete
asphalt median strip areas, if any at all times.
d. Curb and Gutter Maintenance. Contractor is
responsible for removal of weeds and grass from curb and gutter
expansion joints at all times.
e. Walkway Maintenance. Walkways, if any, will be
cleaned immediately fcllowipg mowing and edging and cleaned by use of
power sweeping or blower equipment not less than once per week. This
includes removal of all foreign objects from surfaces such as gum, dog
feces, grease, paint, graffiti,, etc. All walkway cracks and expansion
joints shall be maintained weed and grass free at all times.
f. Drain Maintenance. All drains and catch basins
shall be free of siltation and debris at all times.
g. Removal of Leaves. Accumulations of leaves shall be
removed from all areas not less than once per week.
21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR
21.01 All irrigation systems within the District areas
designated in this specification will be repaired and maintained as
SP13
required for operation, by the. Contractor at his sole expense in the
following manner:
a. Scope of Responsibility. The Contractor shall
maintain (repair or replace as needed) and keep operable all irrigation
equipment consisting of sprinkler heads, valves, lines, quick couplers,
risers, automatic controllers, batteries, and backflow prevention
devices. This paragraph does not require the, Contractor to make a
complete piping replacement of the system.
b. Replacement Requirements. Replacements will be of
original materials or substitutes approved by the Director in writing
prior to any installation.
C. Extent of Responsibility. The Contractor will be
responsible for immediate maintenance (repair or replacement) of all
irrigation systems. Contractor will be responsible at all times for
hand watering and the bleeding of valves in emergency situations as
required to sustain and prevent loss of turf, trees, plants, and ground
covers when automatic systems are not functioning. The replacement
Section 21 requires to be provided by the Contractor shall be the normal
deterioration, wear and tear, or negligence upon the part of the
Contractor. The replacement required by Section 21 caused by extra-
ordinary incidents of vandalism, acts of God, and third party negligence
will be accomplished by the Contractor pursuant to the provisions of
Section 23 of this Specification. However, the District(s) will
continue the program of reimbursing the Contractor for the replacement
with a new diaphragm valve of any piston type valve deemed to be
unrepairable by the Director. However, the Contractor will be
reimbursed only for the wholesale cost of the new diaphragm valve
including sales tax plus 15% for overhead and profit (not for the labor
to install).
d. Ordinances. All materials and workmanship will be
in accordance with applicable City or County Plumbing Ordinances. Where
the provisions of the specifications exceed such requirements, the
specifications shall govern.
22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS,
CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS
22.01 Walkways andliService Roads. All walkways and service
roads, if any, shall be maintained by the Contractor so as to keep the
integrity of the walking or driving surface in a safe, unimpaired
condition. The Contractor shall be entitled to additional compensation
for maintaining walkways and service roads in the following manner:
a. Broken corners will be removed and repaired as
required.
b. Broken curbs or headers adjacent to or part of
roadways or walkways will be repaired or replaced.
C. Contractor will not be responsible for total
replacement of roadways or walkways as a result of normal deterioration,
but will be required to replace all improvements damaged by his
negligence .
22.02 Drainage Systems. The following services shall be
provided by the Contractor at his expense except as otherwise provided
for:
SP14
a. All surface drains ("V" ditches), if any, shall be
kept clear of debris so that water will have an unimpeded passage to its
outlet. Contractor will repair or replace concrete portions as
necessary for which the Contractor will receive additional compensation.
b. All sub -surface drains (except storm drains), if
any, shall be periodically flushed with water to avoid build-up of silt
and debris. All inlets to sub -surface drains shall be kept clear of
leaves, paper and other debris to ensure unimpeded passage of water.
Contractor shall replace all broken or -stolen sections of pipe, catch
basin boxes and grates, for which additional compensation shall be
authorized.
22.03 Miscellaneous Improvements. It will be the responsibi-
lity of the Contractor to repair or replace miscellaneous improvements
such as signs and mowing strips, and any other structural improvements
within the District unless otherwise specified. Contractor shall be
entitled to additional compensation for these services.
23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS
23.01 Contractor shall be responsible for performing
maintenance, repairs and replacements, when the need for such work
arises out of extraordinary incidents such as vandalism, Acts of God,
and Third party negligence in accordance with the provisions of this
Section. The Contractor shall replace as the result of any of the
extraordinary incidents described in this Section (1) damaged, diseased
(untreatable) or dead shrubs, ground cover and trees in accordance with
Sections 17 and 18 and -(2) inoperable irrigation equipment described in
Section 21. The Contractor shall submit a written estimate of the cost
for performing such work. The Director may, upon review and approval of
such estimate, authorize the Contractor to. perform said work by the
issuance of a written Work order. After submittal of the bill, the
Contractor shall be reimbursed only for the agreed upon cost estimate.
Allowable elements of cost for (1) the replacement of shrubs, ground
cover, and trees shall be their wholesale cost including sales tax and
cost of labor plus a factor of 15 percent (15%) for overhead and profit
and (2) the replacement of Irrigation Equipment as defined in Section 19
of these Specifications shall be only the wholesale cost of equipment
including sales tax (no reimbursement for Contractor's cost of labor)
plus a factor of 15 percent (15%) for overhead and profit. In the event
the Contractor's written estimate is not approved, then the Director
reserves the right to contract with a third party to perform such work.
24. MAINTENANCE INSPECTIONS
24.01 The Contractor shall:
a. Weekly perform a maintenance inspection during
daylight hours of all facilities within the District. Such inspection
hall be both visual and operational. The operational inspection shall
include operation of all sprinkler, lighting and other technical systems
to check for proper operational condition and reliability.
SP15
b. Monthly meet on site with an authorized
representative of the Director for a walk-through inspection. Said
meeting shall be at the convenience of the Director and may include
residents of the community. The Director shall notify the appropriate
local representatives of the time and place of each walk-through
inspection at least one (1) week prior to such inspection. In addition,
weekly interim inspections may be made by the Director. Any corrective
work required as a result of a monthly inspection or any interim
inspection by the Director shall be accomplished to the satisfaction of
the Director within three (3) days of the notification of deficiencies,
except in the case of a leaking valve which must be repaired within 24
hours following notification.
25. PLAYGROUND EQUIPMENT MAINTENANCE
25.01 All playground sites and equipment shall be inspected at
the start of each work day and sand cleaned and raked level to remove
any foreign and hazardous material and neatly groomed.
25.02 Special attention shall be made to low sand areas, around
play equipment. These sand areas shall be leveled by distributing sand
from high areas to low areas.
25.03 All sand play areas shall be maintained free of litter,
cans, pop tops, broken glass and other debris.
25.04 All playground sites and equipment shall be checked daily
Monday through Friday throughout the year and Contractor shall clean and
remove litter from sand areas daily, Monday through Friday throughout
the year. Any unsafe condition of play equipment shall be corrected
and/or reported pursuant to Section 8 of these specifications.
25.05 By the 10th of each month, all sand areas shall be
rototilled to the maximum depth that will allow complete loosening of
the sand but will not cause lower base materials to be mixed in with the
sand. After totilling, all areas shall be raked level.
26. FIRE PROTECTION SLOPE AREAS MAINTENANCE
26.01 These slope areas are hillside areas and are designed to
meet Los Angeles County Ordinances for fire retardation. These areas
generally occur in sloping terrain with gradients ranging 10 percent to
100 percent. Slopes are either manufactured or natural. The natural
slopes have been brushed to remove certain plant materials. Manufac-
tured slopes have been hydromulched in accordance with applicable County
ordinances. Use of these areas by the residents should be minimal.
26.02 The maintenance of the natural slopes requires that the
weeds and native brush be clipped to a height of 2 to 4 inches for a
distance of at least 100 feet from a dwelling or structure. Also, dead
wood from woody plants shall be trimmed when the area is brushed. Apply
water within the cleared zone only as needed during fire season to
maintain sufficient moisture content for sustenance of the plants and to
inhibit combustion. Remove all debris from this operation off the
District property. Weeding shall commence immediately following the
rainy season once the growth of weeds has reached a maximum of 12 inches
in height or when the County Fire Marshall has determined that a fire
SP16
hazard condition exists. The required weeding shall be completed as
soon as .possible following its commencement and shall be completed
throughout a District within a maximum period of thirty (30) days.
Contractor shall be responsible for maintaining the brushed slope areas
throughout the year in accordance with the above -identified height of
weeds, dead wood removal and distance from dwellings or structures
requirements. This may require that certain areas will need additional
brushing as directed by the County Fire Marshall. Contractor will be
paid additional compensation for additional brushings at the rate
specified in the form of bid. Also, Contractor shall fertilize twice*a
year shrubs in these areas with inorganic 10-6-4 and remove weeds to a
distance of 30 feet measured from any sidewalk adjacent to a fire
protection slope area.
26.03 Where reference is made to weeding, brushing or clearing
within 100 feet of a structure, it is intended that the space between
the structure and the private property line is the responsibility of the
owner of the property. As an example, assume a private residential lot
has a depth of 100 feet, the rear or side of which abuts a fire
protection slope. Assume that the structure is set back 20 feet from
the property line abutting this slope. The Contractor's responsibility
is within the portion or balance of the 100 feet outside of the private
property boundary, or, in this case, 80 feet. Consult with the Director
for any questions regarding these areas.
26.04 The maintenance of the manufactured slopes requires that
the planted slopes be kept weed free at all times. Contractor shall
program the irrigation system to deliver sufficient moisture within the
root zone of trees and shrubs to sustain growth. Contractor shall be
responsible for any damage to slope areas caused by excessive watering
practices. Plants and trees shall be fertilized in accordance with the
requirements of Sections 17 and 18 of these Specifications. Weeding
will be subject to the special conditions identified in Exhibit D of
these specifications.
27. NATURAL AREAS MAINTENANCE
27.01 Natural areas are open space areas that have minimal
usage due to the sloping character of the, land and the rugged landscape
materials that are native to, the land. Contractor will provide periodic
maintenance consisting of .debris removal only as directed by the
Director.
28. TERM OF AGREEMENT
28.01 This Agreement shall take effect and commence upon its
execution by the District and, unless executed on the first day of a
calendar month, shall continue for the rest of the partial calendar
month in which executed and for a period of twelve (12) full calendar
months thereafter.
28.02 The District shall have the option to extend this
Agreement up to five (5) additional one (1) year periods, subject to the
same terms and conditions contained herein, by giving Contractor written
notice of exercise of this option to renew at least thirty (30) days
SP17
prior to the expiration of the initial term of this Agreement, or of any
additional 1 year extensions.
29. CONTRACTOR'S COMPENSATION
11 29.01 Should this Agreement commence on other than the first
day of a calendar month, the Contractor's compensation for that partial
calendar monthly shall be prorated at the rate of 1/30 of the full
monthly rate per day, to an including the last day of the partial
calendar month.
29.02 In the event the District exercises its option to extend
the term of this Agreement for one or more of the additional five (5)
one year periods as provided for in paragraph 28.02, the'Contractor's
monthly compensation shall be subject to adjustment at the commencement
of the extended term and annually thereafter ("the adjustment date") as
follows:
The compensation provided herein shall be adjusted to reflect the
increase, if any, in the cost of living during the previous year by
adding to the Contractor's monthly compensation the amount, if any,
obtained by multiplying the Contractor's compensation as of the
adjustment date by the percentage by which the Consumer Price Index
(CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the
month immediately preceding the Adjustment Date (the "Index Month")
reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increase dover the CPI for the month one year
prior to the Index Month. If the Index is discontinued, the Manager's
Office shall, at its discretion, substitute for the Index such other
similar index as it may deem appropriate.
L 's;
•=e
m
.eT Lc;,
10
4� �, \ • --^i��M1/r
k
It,
4A. P74 t
Ail.
rZj
Al
5F.
1 !0! -
A.
Ave5.
le
Nk
I(IM AAR
Al
J
IM
-11,iZ
EXHIBITy
LANDSCAPE MAINTENANCE CERTIFICATION
I (We) hereby certify under penalty of perjury that the work within the
facilities specified under the provisions of County Agreement No.
has been performed in accordance with the specification of said Agreement for
the month of , 19 , and that:
1. Not less than the prevailing
wages, as determined by the
State Department of Industrial
Relations, have been paid to
personnel employed to do this
work.
2. All On -Going. Maintenance Tasks
have been completed as provided
for in said Agreement and
Specifications.
3. Irrigation systems have been
checked for operability and
that the following are
functioning properly.
a. Irrigation lines
b. Valves
C. Sprinkler heads
d. Controllers
4. Spraying and/or use of chemicals
has occurred. If Yes, has:
a. Copies of the PCA's written
recommendation been sent to
the Inspector? �+
b. Copies of the Pesticide Use
Report been sent to the
Inspector?
C. Copies of restricted use
permits been sent to the
Inspector?
5. Specialty Type Maintenance has
been requested. If Yes; has:
a. The inspector been notified
in writing?
b. If applicable, quantity and
complete description of materials
used been sent to inspector?
o
-
_
_
n
o
m
__
Q
n
m
m.
n
v
o 3
�'
8
Nn
7
C
n0
m
O
O 2-4
a3�
93
j
pz
3
�2
0
C
+,
-�
,�
z
m
O
m
m
=
O
n;
c
D
Nc
z
h
rN
z
r�+rn
m
O
r
`
o'o
r
Oo
~
:�
z�
io
(rN+
C
C
7
N
CC'
O n
CO
O
;E-
;E
G.
�O
mm
o
m
O
!^
O
Z
O
`
O
_
O
O
O
�
�
�.
7
DIAMOND BAR LLAD NOS. 39 AND 41
The program for the control of Fescue on the planted
slope areas within the Diamond Bar Hills and the Diamond Bar High
Country developments shall consist of the following pre -emergent and
post emergent herbicide applications. Ronstar shall be applied at the
rate of 100-200 pounds per acre to prevent the germination of new Fescue
and will put the existing Fescue under unfavorable stress allowing the
existing ground cover to push out the Fescue by outgrowing it. Fusilade
at the rate of one pint per acre shall be applied to control existing
Fescue. Therefore, this program provides for the use of Fusilade as a
post -emergent grass killer and Ronstar as a pre -emergent grass herbicide
to control Fescue found on these designated slopes. This program shall
be repeated as often as needed to eradicate or control the growth of
Fescue on these slopes.
The above conditions will be discussed on the site during the scheduled
walk-through.inspection which all prospective bidders will be required
to attend.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 39
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:15 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
IMPORTANT NOTICE TO BIDDER
Notice is hereby given that the City of Diamond Bar is soliciting
bids for maintenance services for Landscape and Lighting District
39.
A mandatory bidders conference and inspection of the areas to be
maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at
Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond
Bar, California.
Bids will be accepted until 10:15 a.m. on April 30, 1991 at Diamond
Bar City Hall, 2166.0 East Copley Drive, Suite 100, Diamond Bar,
California 91765, at which time and place said bids shall be
publicly opened, examined and declared.
Due to current drought situations and resultant rationing mandates,
Contractor will be required to monitor irrigation systems to comply
with reductions. The successful Contractor will be responsible for
costs incurred due to excess usage.
Inquires regarding these specifications can be directed to Charles
Janiel, Director of Parks and Maintenance, (714)860-2489.
Upon receipt of this proposal, contact Charles Janiel, Director of
Parks, at the City of Diamond Bar with the name of your company,
telephone number, a FAX number and the name of a contact person
within your company. Failure to. provide the City with this
information may result in improper distribution of updated
materials regarding the bid documents. The City will not be
responsible for information not being distributed to the proper
person.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 39
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:15 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
a
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
1 -
7
INFORMATION FOR BIDDERS
8 -
13
BIDDER'S PROPOSAL
14 -
16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
17
LIST OF SYMBOLS AND ABBREVIATIONS
18
SUBCONTRACTORS LIST
19
NONCOLLUSION AFFIDAVIT
20
FAITHFUL PERFORMANCE BOND
21
LABOR AND MATERIAL BOND
22
BIDDER'S BOND
23 -
24
AGREEMENT
25 -
33
GENERAL PROVISIONS
GP -1-
GP -7
SPECIAL PROVISIONS
SP -1
- SP -18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 39 IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar
to maintain certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the maintenance of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for Landscape and Irrigation
Maintenance in Landscape and Lighting District No. 39.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise 'as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, Los Angeles County, California, directing this
l
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 10:15 o'clock A.M. on the
30th day of April, 1991, sealed bids or proposals for the Lighting
and Landscape Maintenance District No. 39.
Bids will be opened and publicly read immediately int he
office of the City Clerk, Suite 100, 21660 East Copley Drive,
Diamond Bar, California.
1
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid for
Lighting and Landscape Maintenance District No. 39.11
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the
City Clerk of the City of Diamond Bar, Suite 100, 21660 East Copley
Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than
the general prevailing rate of wages hereinbefore stipulated for
any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said
Labor Code.
In accordance with the provisions of Section 1777.5 of
the Labor Code as amended by Chapter 971, Statutes of 1939, and in
2
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections
1777.5 and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
A. When unemployment'in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in the area
exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least
1/30 of its membership through apprenticeship training on
an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public
3
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 11777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed int he execution of this contract and
the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, not more than fifty dollars ($50.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eights (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code Section 1773.8.
4
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed contract if the same is warded to him, and in
event of failure to enter into such contract said cash, cashier's
check, certified check, or bond shall become the property of the
City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar for an amount equal to
at least ten percent (10%) of the amount of said bid as a guarantee
that the bidder will enter into the proposed contract if the same
is warded to him, and in event of failure to enter into such
contract said cash, cashier's check, certified check, or bond shall
become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar to the difference
between the low bid and theisecond lowest bid, and the surplus, if
any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be fifty percent
(500) of the annual contract price thereof, and an additional bond
in an amount equal to twenty-five (25%) of the contract price for
said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
5
contracted to be done by the Contractor, or any work or labor of
any kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which
may be entered into between him and the said City of Diamond Bar
for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a contractor at time of award in accordance with
the provisions of the Contractor's License Law (California Business
and Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has
not been issued by the City of Diamond Bar. A C-27 license is
required.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of diamond Bar on file in the
office of the City Clerk at the City hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of $5.00, said
5.00 is nonrefundable.
Upon written request by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
6
PASSED, APPROVED AND ADOPTED this day of
1991.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of 1991, by the
following Roll Call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS
LYNDA BURGESS, City Clerk
City of Diamond Bar
7
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted
at such time and place as is stated in the Notice Inviting Seated Bids. All bids should be made in
accordance with the provisions of the Standard Specifications for Public Works Construction, 1988
Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the bidder, his address, and the name of
the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the
bid is received in proper time. Any bid received after the scheduled closing time for receipt of
bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's
or certified check or by a bid bond in the amount of not less than ten percent (10%) of the
amount annual named in the proposal. Said check or bond shall be made payable to the City
Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the
work, will enter into a contract within ten (10) days after written notice of the award and will
furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said
contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond
will be accepted unless it conforms substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid
upon, alternative proposals or any other modifications of the bid form which is not specifically
called for in the contract documents may result in the Owner's rejection of the bid as not being
responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be
considered but a telegraphic modification may be considered and only if a postmark evidences
that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any erasures, interlineation, or other
corrections unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons signing
the bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the
words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of the individual items shall prevail
over the total figure shown. The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject
any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law.
Page 8
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the
proposed work and the contract documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered as to the character, quality,
and quantity of materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the site of the work and
the date of such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and the
drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to
meet all the difficulties attending the execution of the proposed contract before the delivery of his
proposal, and agrees that if he is awarded the contract, he will make no claim against the City of
Diamond Bar based on ignorance or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written
request, or by telegraphic request confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract
until he has secured all insurance and bonds required under this section nor shall be allow any
subcontractor to commence work on this subcontract until all similar insurance and bonds
required of the subcontractor have been obtained. All insurance issued in compliance with this
section shall be issued in the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the amounts required shall be
furnished by the contractor to the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the
State of California for all labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation Insurance laws.
The contractor shall maintain public liability insurance to protect said contractor and the City
against loss from liability imposed by law, for damages on account of bodily injury, including
death resulting therefrom, suffered or alleged to have been suffered by any person or persons,
other than employees, resulting directly or indirectly from the performance or execution of this
contract or any subcontract thereunder, and also to protect said contractor and the City against
loss from liability imposed by law, for damage to any property, damage insurance shall be
maintained by the contractor in full force and effect during the entire period of performance under
this contract, in the amount of not less than $500,000 for one person injured in the accident and
in the amount of not less than $1,000,OOb for more than one person injured in one accident and in
the amount of not less than $500,000 with respect to any property damage aforesaid. The City
shall be named a co-insured regardless of fault.
Page 9
The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory
bonds conditioned upon faithful performance by the contractor of all requirements under the
contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one hundred percent (100%) of the
estimated aggregate amount of the payments to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not
less than one hundred percent (100%) of the estimated aggregate amount of the payments to be
made under the contract computed on the basis of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting
a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings,
specifications, or other contract documents, or finds discrepancies in, or omissions from the
drawings and specifications, he may submit to the Owner a written request for an interpretation or
correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the contract documents will be made only by Addendum duly
issued and a copy of such addendum will be mailed or delivered to each person receiving a set
of the contract documents. No person is authorized to make any oral interpretation of any
provision in the contract documents to any bidder, and no bidder is authorized to rely on any
such unauthorized oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an, individual, firm,
partnership, corporation, or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such bidder is interested. If
there is reason for believing that collusion exists among the bidders, all bids will be rejected and
none of the participants in such collusion will be considered in future proposals.
11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible
bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to the alternate or alternates selected
and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if made, will be made within sixty (60)
calendar days after the opening of the proposals; provided that the award may be made after said
period of the successful bidder shall not have given the City written notice of the withdrawal of his
bid.
12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election
of the governing board to the lowest responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal.
Page 10
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Public Contract
Code). Forms for this purpose are furnished with the contract
documents.
15. WORKERS COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
sign and file with the Owner the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing
the performance of work of this contra;ct."
16. BID DEPOSIT RETURN: Deposits of the three lowest bidders, the
number being at the discretion of the Owner, will be held for sixty
days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement, whichever
first occurs, at which time the deposits will be returned after
consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein
provided within (10) days from the date of written notice of the
award. Failure or refusal to enter into a contract as herein
provided, or to conform to any of the stipulated requirements in
connection therewith shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract,
the City may award the contract to the second lowest responsible
bidder. If the second lowest responsible bidder refuses or fails
to execute the contract, the City may award the contract to the
third lowest responsible bidder. On the failure or refusal of
such second or third lowest bidder to execute the contract, such
bidder's guarantees shall be likewise forfeited to the City. The
work may then be readvertised.
18. "OR EOUAL+1: Pursuant to Article 5, Chapter 3, Part 1,
Division 2 (commencing at 3400) Public Contract Code,all
specifications shall be deemed to include the words "or equal",
provided however that permissible exceptions hereto shall be
specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The contractor and any subcontractor under him shall comply with
the requirements said sections in the employment of apprentices;
Page 11
however, the contractor shall
compliance with said Labor Code
occupations, regardless of any
relationships alleged to exist.
have full responsibility for
section, for all apprenticeable
other contractual or employment
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available for
the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty to
the City of Diamond Bar, twenty-five dollars ($25) for laborers,
workmen, or mechanics employed for each calendar day, or portion
thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and
stipulated for any work done under the proposed contract, by him,
or by any subcontractor under him, in violation of the provisions
of the Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements relating
to the work as set forth in the aforementioned Labor Code are on
file and available for inspection in the Office of the Department
of Industrial Relations, Division of Labor Statistics and Research.
22. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are
advised that upon payment of the appropriate purchase price, the
set of contract drawings and specifications become the property of
the purchaser and are not to be returned to the City of Diamond
Bar.
23. AWARD OF CONTRACT: The award of the contract, if it be
awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements described.
24. QUANTITIES: The quantity of work for the unit price items to
be done under the contract, Ias noted in the Schedule of Prices, is
an estimate and is not to be taken an expressed or implied
statement that the actual quantity of work will correspond to the
estimate.
The right is reserved by the City of Diamond Bar to increase or
decrease or to entirely eliminate items from the work if found
desirable or expedient.
The Contractor will be allowed no claims for anticipated profits,
loss of profits or for any damages of any sort because of any
difference between the estimated and actual quantities of work done
of for work decreased or eliminated by the City of Diamond Bar.
Page 12
25. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the City's Engineer signed by
an authorized representative of the bidder or by the person filing
the bid.
26. INVALID PROPOSALS: Proposals submitted by telegraph and those
which are not logged in at the office of the City Clerk of the City
of Diamond Bar, prior to the date and hour set for receipt of same
will not be considered.
27. ALTERING PROPOSALS: The wording of the proposals shall not be
changed. Any additions, conditions, limitations, or provisions
inserted by the bidder will render the proposal irregular and may
cause its rejection.
I
Erasures of interlineations in the proposal must be explained or
noted over the signature of the bidder.
28. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City
of Diamond Bar reserves the right to accept any bid or reject any
or all bids and to waive any informality of defects in bids
received as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may be
rejected.
Proposals in which a bid item is left totally blank will be
considered as being nonresponsive and automatically rejected.
29. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item
total amount arrived at by multiplying the unit price times the
quantity does not agree with the total amount entered for the item
or if the total amount is note entered, the unit price and the
corrected extension will be considered as representing the bidder's
intentions.
If in a unit price bid item the total amount is entered for the
item but not the unit pricd, the unit price shall be that which is
derived by dividing the total amount bid for the item by the number
of'units in the item.
If the amounts bid on individual items (if called for) do not add
up to the total amount shown, the correctly added total of the
individual items shall prevail over the total amount.
30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to
time, issue addenda to the contract documents during the period of
advertising. The addenda will be sent to the address the purchaser
of the contract documents left with or furnished the City of
Diamond Bar at the time the purchase was made.
Page 13
ITEM
NO. QUANTITY
1 Lump
Sum
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39
DESCRIPTION
WITH UNIT PRICE
IN WORDS
Miscellaneous landscaping
in Maintenance District
No. 39 (See attached map)
(Word)
TOTAL ANNUAL PRICE
In words
MONTHLY ANNUAL
PRICE AMOUNT
IN FIGURES
Page 14
In figures
If an individual, so state. If a firm or co -partnership,
state the firm name and give names of all individual co-partners
composing the firm. If a corporation, state legal name of
corporation, also names of President, Secretary, Treasurer, and
Manager thereof.
Business Address
Dated• , 19 By:
By:
By:
Contractor's License No.
Contractor's License
Expiration Date
I declare under penalty of perjury of the laws of the
State of California that the representations made herein are true
and correct in accordancel with the requirements of California
Business and Professions Code Section 7029.15.
Contractor's Authorized Signature
15
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39
Accompanying this proposal is
(insert I cash," "cashiers check," "certified check," or "bidder's bond," as
the case amy be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contact, with
necessary bond, within ten (10) days, including Sundays and legal holidays, after having received
notice that the contract has been awarded and is ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO, AND CLASSIFICATION
Page 16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Proiect Identification
Sid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1987 1988 1989 1990 TOTAL CURRENTYEAR
1. No. of contracts
2. Total dollar amount of contracts (in thousands of $)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.* No. of lost workdays
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries,
Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
r
Name of Bidder (print)
Address
City Zip Code
Page 17
Signature
State Contractors' Lic. No. &
Classification
Telephone
The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows:
Ave.
Avenue
LF
Linear Feet
&
And
LS
Lump Sum
AC
Asphaltic Concrete
-Mod.
Modified
Blvd,
Boulevard
MH
Manhole
CAB
Crushed Aggregate Base
I
Number
CB
Catch Basin
No.
Number
Conc.
Concrete
NRCP
Nonreinforced concrete
pipe
Conn.
Connector or Connection
Pvmt.
Pavement
Const.
Construct
Perm. Surf.
Permanent Surfacing
CIP
Cast Iron Pipe
PCC
Portland Cement CbroEb
CSP
Corrugated Steel Pipe
RC
Reinforced Concrete
CY
Cubic Yard
RCB
Reinforced Concrete Box
D
D -load of pipe
RCP
Reinforced Concrete Pipe
Dia.
Diameter
Reconn.
Reconnect
Dbl.
Double
Reconst.
Reconstruct
Dwy.
Driveway
Reinf.
Reinforcing or reinforced
EA
Each
Restor.
Restoration
ELC
Electrolier Lighting
Resurf.
Resurfacing
Conduit
Excay.
Excavation
Rd.
Road
Ex. or Exist.
Existing
Sched.
Schedule
'
Feet
SD
Storm Drain
Fur. & PI.
Furnish and place
Sec.
Section
Ga.
Gauge
SF.
Square Feet
Galy.
Galvanized
Spec.
Special
Gr.
Grate
SS
Sanitary Sewer
H
High or height
Sta.
Station
HC
House connection
St.
Street
sewer
Struct.
structure
Improv.
Improvements
Trans.
Transition
"
Inches
TS
Transition Structure
JS
Junction Structure
Var.
Variable
Lb.
Pounds
VCP
Vitrified Clay Pipe
LID
Local Depression
I
W
Wide or Width
Page 18
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
t
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated
Bidder
Signature
Signature
Page 19
State of California
County of
NONCOLLUSION AFFIDAVIT
ss.
1
being first duly sworn,
deposes and says that he or she is
of the party making the foregoing
bid that the bid is not made in the interest of or on 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 other 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 bids 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 date 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
STATE OF CALIFORNIA
ss.
COUNTY OF )
I
Subscribed and sworn to before me this day of
, 19
Notary Public in and for the County
of , State of California.
My Commission expires , 19
20
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
land is required by said City to give this bond in connection
with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any way release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Surtety and notice of such alterations or
extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1991.
PRINCIPAL
BY:
( SEAL)
SURETY
BY:
21
(SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this
day of
PRINCIPAL SURETY
BY: BY:
(SEAL)
22
(SEAL)
, 1991.
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (100) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to
the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on April 30, 1991 for Annual Landscape Maintenance
for Lighting and Landscaping District No. 39 in the City of Diamond
Bar.
NOW THEREFORE, if the aforesaid principal is awarded the contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature,
enters into a written contract, in the prescribed form in
accordance with the bid, and files the two bonds with the City of
Diamond Bar, one to guarantee faithful performance and other to
guarantee payments for labor and materials, as required by law,
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 obligee and judgment is recovered the surety shall
pay all costs incurred by the obligee in such suit, including a
reasonable attorney's fee to be fixed by the court.
23
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1991
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
24
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS, City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment, and material for Maintenance, of Lighting & Landscape
Maintenance District No. 39 in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: The work to be done under this
Agreement shall include the furnishing of all labor, material and
equipment necessary for the provision of the landscape and
appurtenant maintenance services as set forth in the specifications
for Lighting & Landscape Maintenance District No. 39 in the City of
Diamond Bar.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were setiforth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
25
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the
contract within ten (10) calendar days from the
date of notice of award of contract. This
agreement shall take effect and commence on July 1,
1991 for a period of twelve (12) months.
b. The City shall have the option to extend this
Agreement up to five (5) additional one (1) year
periods, subject to the same terms and conditions
contained herein, by giving the contractor written
notice of exercise of this option to renew at least
thirty (30) days prior to the expiration of the
initial term of this Agreement, or of any
additional one (1) year extensions.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the Engineer a
certificate of insurance as proof that he has taken
out full compensation insurance for all persons
whom he may employ directly or through
subcontractors in carrying out the work specified
herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in
full force and effect during the period covered by
this contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows•
"I am aware of the provisions of Section 3700 of
the Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any
subcontractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto
I�
($500,000 each person; $1,000,000 each
accident.
2)
Public Liability - Property Damage (not auto)
$250,000 each
person; $500,000 aggregate.
3)
Contractor's
Protective - Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4)
Contractor's
Protective - Property Damage
$250,000 each
accident; $500,000 aggregate.
5)
Automobile -
Bodily. Injury $500,000 each
person; $1,000,000 each accident.
6)
Automobile -
Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be iss9ed by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to by so included;
3) Specify it acts as primary insrance and that
no insurance held or owned by'the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the
following words:
27
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution
of the contract present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in
accordance with the provisions of California Labor code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages. copies of such prevailing
rates of per diem wages are on file in the office of the City clerk
of the City of Diamond Bar, Suite 100 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
28
The contractor shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statues of 1939, and in accordance with the
regulations of the California Apprenticeship council, properly
indentured apprentices may e employed in the prosecution of the
work.
Attention is directed to the provisions in Sections
1777.5 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices journeymen that
will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
29
The Contractor is required to make contribution to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set
forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and
its officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to
the work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful
misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City during the
progress of the work or at any time before its completion and final
acceptance.
30
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising
out of or in connection with the work, operation, or activities of
the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who
are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations, o liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations, and
liabilities arising out of ,or in connection with
such work, operations, or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, its made a party
to any action or proceeding filed or prosecuted
against he Contractor for damages or other claims
arising out of or in connection with the work,
operation, or activities of the contractor
hereunder, the contractor agrees to pay to City any
and all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made
in the employment of persons upon public works because of the race,
color, or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
31
11. CONTRACT PRICE AND PAYMENT: Except where additional
compensation is specifically provided for in this Agreement, City
will pay 'contractor for his services under this Agreement set forth
in Bid Sheet, one month in arrears, on the last day of the month,
or as soon thereafter as payment is approved by the City Council.
In the event the City exercises its option to extend
the term of this Agreement for one or more of the additional five
Contractor's monthly compensation shall be subject to adjustment at
the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
The Compensation provided herein shall be adjusted
to reflect the increase, if any, in the cost of living during the
previous year by adding to the Contractor's monthly compensation
the amount, if any, obtained by multiplying the Contractor's
compensation as of the adjustment date by the percentage by which
the Consumer Price Index ("CPI") for the Los Angel es -Anaheim -
Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor
Statistics of the United Stated Department of Labor, has increased
over the CPI for the month one year prior to the Index Month. If
the Index is discontinued, the Director's office shall, at its
discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by
City upon the giving of a written "Notice of Termination" to
contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event os such
termination, contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
ti
32
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
By:
Title
APPROVED AS TO FORM:
By: Title
City Attorney
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Clerk
Date
Contractor's Business Phoney:
Emergency Phone at which
Contractor can be reached at any time:
33
GENERAL PROVISIONS
1. GENERAL CONDITIONS
All work shall be done in accordance with the 1988 Edition and
all supplements of the Standard Specifications for Public
Works Construction, hereinafter referred to as Standard
Specifications, Plans, Standard Construction Drawings and
these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work.
Section 2-1. Awardand Execution of Contract is amended by the
following:
(a) Examination of Plans Specifications Special Provisions
and Site of Work: The bidder is required to examine
carefully the site and the proposal, plans,
specifications and contract forms for the work
contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
;encountered, including all installations and utilities,
whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the specifications, the special provisions and the
contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that
the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank
forms to be obta3%ed from the City Clerk at .City Hall,
21660 E. Copley Dr., Suite 100, Diamond Bar, California.
All proposals must give the prices proposed, both in
writing and figures, and must be signed by the bidder,
and his address shown. If the proposal is made by
individual, his name and post office address must be
shown. If made by a firm or partnership, the name and
post office of each member of the firm or partnership
must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which
the corporation, the proposal must show the name of the
state under the laws of which the corporation was
chartered and the names, titles, and business addresses
of the president, secretary, and treasurer.
G. P. 1
(c) Rejection of Proposals Containing Alterations Erasures
Irregularities: Proposals may be rejected if they show
any alterations of form additions not called for,
conditional or alternative proposals, incomplete
proposals, erasures, or irregularities of any kind.
(d) Bidder's Guaranty All proposals shall be presented
under sealed cover and shall be accompanied by cash,
cashier's check or certified check payable to, or
bidder's bond in favor of the City of Diamond Bar in an
amount of said proposal, and no proposal shall be
considered unless such cash, cashier's check, or bidder's
bond in enclosed therewith.
(e) Award of Contract: The award of the contract, if it be
awarded, will be to the lowest responsible bidder.
(f) Return of Bidder's Guarantees: Proposal guarantees will
be held until the contract has been finally executed,
after which they will be returned to the respective
bidders whose proposals they accompany.
Subsection 2-5.1. Plans and Specifications -General is amended by
the addition of the following:
An addendum to these specifications may be issued by the Engineer
at any time prior to the bid opening.
Subsection 2-9.5. Line and grade,,is amended by the addition of the
following:
(a) All surveying necessary and adequate for construction
purposes will be done by the City Engineer or as modified
in the Special Provisions.
(b) The Contractor shall give two (2) working days notice, in
writing, when thdiservices of the City Engineer will be
required for laying out any portion of the work, and he
shall dig all holes necessary for line and grade stakes.
The Contractor shall preserve all stakes set for the
lines, grades or measurements of the work in their proper
places until authorized to remove them by the City
Engineer. Any expenses incurred in replacing said stakes
that the Contractor may have failed to preserve shall be
borne by the Contractor.
(c) Grades for all pipelines will be set on the surface of
the ground and the Contractor shall transfer them to the
bottom of the trench. At no time shall less than three
G. P. 2
(3) consecutive grade points be used in common so that
any variation from a straight grade can be detected. Any
such variation shall be reported to the City Engineer and
in the absence of such report, the Contractor shall be
responsible for any error in the grade of the finished
work.
(d) The Contractor shall preserve all bench marks, stakes and
other survey marks, and incase of their removal or
destruction by his own employees or by his
subcontractor's employees, he shall be liable for the
cost of their replacement.
Section 4. Control of Materials. Subsection 4-1.3 is modified to
delete the requirement for inspection at the source of asphaltic
concrete.
t.
Section 5. Utilities. This section is modified by addition of the
following subsections. -
Subsection 5-1. Location. This section is amended by addition of
the following:
The Contractor shall notify Underground Service Alert (USA) at 1-
800-422-4133 two working days prior to the start of any boring or
excavating operations.
The Contractor shall notify the owners of all utilities 48 hours
before start of construction. The utility owners listed may be
contacted as indicated:
Utility owner Identification Utility owners who may have
facilities which may affect the work are as follows:
General Telephone
1400 E. Phillips Blvd. f!
Pomona, California 91766
(714) 865-3307
Southern California Edison company
800 West Cienega
San Dimas, California 91773
(714 ) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(7 14) 595-7554
G. P. 3
Southern California Gas Company
Distribution Department
920 S. Stimson Ave.
City of Industry, California.91745
(714) 394-4327
Underground Service Alert
1 (800) 422-4133
Subsection 5-2. Protection. The Contractor is hereby alerted to
the existence of all utility lines shown on the plans. The
Contractor shall carefully protect all lines during the course of
construction. The Contractor is cautioned to protect existing
utilities and their appurtenances which may be within the work
area. Particular attention shall be given to water valves.
Subsection 5-4. Relocations. The City of Diamond Bar has water
mains, valves, sprinkler electrical controls, services and meters
within the project area which conflict with the new work. Much of
the modification and/or relocation work will necessarily be done
currently with Contractor's improvement operations. Therefore,
Contractor will necessarily have to work around some City
facilities and closely coordinate with the City.
Section 6. Construction Schedule and Commencement of Work is
amended by the addition of the following_
Prior to commencing construction the contractor shall submit for
approval a construction schedule.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Section 7-2. Labor amended1by the addition of the following:
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of suchpersonsand every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Chapter 11 or Part VII, Division 2 of
the Labor Code in accordance with the provisions of Section 1735
thereof.
G. P. 4
Subsection 7-3.1. Contractor's Responsibility for work
Until acceptance of the work in writing by the City of Diamond Bar,
the contractor shall have the charge and care of the work site at
all times and shall bear the risk of injury or damage to any part
thereof by the action of the elements or from the any other cause,
whether arising from the execution or from the non execution of
work. The contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the work occasioned by
any of the above causes before final acceptance and shall bear the
expense thereof.
The City of Diamond Bar permits stockpiling of excavation material
and/or construction material only in an authorized location. This
requirement also applies to the location of a material and
equipment yard and a construction office.
All existing improvements (except utilities) which are removed or
damaged during the course of construction of the project shall be
restored to a condition equal to or better than, in all respects,
the existing improvements removed or damaged unless otherwise
specified or noted on the drawings.
Full compensation for conforming to the requirements of this
section shall be included in other items of work performed and no
additional compensation will be allowed. .
Subsection 7-4.1 Duration of Contract
The Contractor shall begin work on or before the date of a written
"Notice to Proceed", which shall be not Eater than 20 calendar days
after execution of contract, and shall complete the entire work
within sixty (60) calendar days.
Subsection 7-10.1. Traffic and Access is amended by addition of the
following: i?
No public street, or portion thereof, may be closed to through
traffic as part of this Contract. However, if, in the opinion of
the Engineer, it is in the interest of the City of Diamond Bar to
close the street, the contractor shall close the street as directed
by the Engineer. Full compensation for conforming to the
requirements of. this section shall be included in other items of
work performed and no additional compensation will be allowed.
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or
G. P. 5
damage or injury to the public or to give adequate warning to the
public of any dangerous conditions to be encountered. The Caltrans
"Manual of Traffic Controls" shall be used for all traffic control
on this project. Payment for this work shall be included in Bid
items No. 1 (Irrigation System Installation).
Subsection 7-11 SHORING OF _EXCAVATIONS
Shoring of excavations is not generally required on this project,
however, the City's Engineer may determine that shoring is required
in portions of the construction area, due to the type of trench
excavation proposed by the contractor.
The City has performed no soil testing to determine precisely what
areas, if any, will require shoring.
Shoring of excavation if required shall be in accordance with the
requirements of Subsection 306-1, as amended, of the Standard
Specifications, and shall meet all requirements of the Construction
Safety Orders of the Department of Industrial Relations, State of
California and of OSHA. Approved protective fencing and
barricading will also be provided by the Contractor as a part of
this item. Prior to the excavation the Contractor shall obtain all
permits required thereby.
The Contractor shall conform to the Section 6424 of the California
State Labor Code regarding shoring and bracing of excavations. Of
special importance in this regard is the following extract from
said section:
"For the excavation of any trenches five feet or more in
depth, the Contractor shall submit for acceptance by the
awarding body, or by a registered civil or structural engineer
employed by the awarding body, to whom authority has been
delegated, in advance of excavation, of a detailed plan
showing the design of shorings, bracing, sloping or other
provisions to be made for worker protection from hazard of
caving ground during( the excavation of such trench or
trenches. If such plan varies from the shoring system
standards established by the Construction Safety Orders, the
plan shall be prepared by a registered civil or structural
engineer".
Full compensation for conforming to the requirements of this
section shall be included in other items of work involved and no
additional compensation will be allowed.
Section 9. Measurement and Payment
G. P. 6
Subsection 9-3 is modified by addition of the following paragraphs:
The Contractor agrees that the payment of the amount under the
contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to
a monthly progress payment in an amount equal to ninety percent
(900) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments, provided that in all events the City
shall withhold no less than ten percent (10%) of the contract price
until final completion and acceptance of the work. The Contractor
may substitute in lieu of cash retention.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the contract, nor
shall it in any way govern the final estimate.
Final Payments. After the completion of the contract, the Engineer
shall make a final inspection of the work done thereunder, and if
entirely satisfactory and complete, the City shall pay the
Contractor an amount which, when added to the payments previously
made and deductions allowable to the City, will equal ninety
percent (90%) of the contract price. Thereafter the balance of the
contract price remaining unpaid shall be paid 35 calendar days
after the recording of a Notice of Completion by the City. The
payment of the final amount due under the contract and the
adjustment and payment for any work done in accordance with any
alterations of the same shall release the City form any and all
claims on account of the work performed under the contract or any
alterations thereof.
G. P. 7
SPECIFICATIONS,FOR THE PROVISION OF
LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR
SPECIAL LANDSCAPE MAINTENANCE DISTRICTS
1. SCOPE OF THE WORK AND CONTRACT
1.01 The Work to be done under these specifications. shall
include the furnishing of all labor, material and equipment necessary
for the provision of landscape and appurtenant maintenance services
asset forth in these specifications including the exhibits attached
hereto within the boundaries of the Special Districts and as said
boundaries may have been heretofore or may be hereafter altered.
1.02 The foregoing work shall be done in a thorough and
workmanlike manner under the direction and to the satisfaction of the
Director of the Parks and Maintenance Department. The premises shall be
maintained at the level of service provided for in these specifications
at all times.
1.03 The Contractor shall have the exclusive duty, right and
privilege to mow, edge, trim, overseed, reseed, fertilize, aerate,
irrigate, hand water and bleed valves as necessary during emergencies
when automatic systems are not functioning, prune, trim, and renovate
turf and shrub areas designated hereunder, as well as to provide weed
control, disease control, tree maintenance within the District,
maintenance of sprinkler systems including backflow prevention devices,
repair of walkways, pumps; and the necessary maintenance of any
appurtenant structures and equipment.
1.04 In return for the exclusiveness of said Contract and the
other considerations provided for herein, the Contractor agrees to
provide the landscape and appurtenant maintenance services within said
District without any further compensation except as otherwise
specifically provided for in the contract and/or specifications.
1.05 The Contractor shall not work or perform any operations,
particularly during periods of inclement weather, which may destroy or
damage plant, groundcover or turf areas.
1.06 The Contractor shall, during the specified hours and days
of operation, respond to all emergencies within two (2) hours of
notification.
1.07 The Contractor shall perform a maintenance inspection
weekly during daylight hours of all areas within the premises. Such
inspection shall be both visual and operational. It, shall include
operation of all irrigation, lighting and other mechanical systems to
check for proper condition and reliability.
1.08 The term Director as used in these specifications shall
mean Director of the Parks and Maintenance or his authorized representa-
tive(s).
2. AREAS,TO BE MAINTAINED
2.01 There are medians, parkway panels, cul-de-sac islands,
village greens, adjacent roadway slopes, open space lots, linear
greenbelts, paseos, fire protection slope areas, gate entry areas, creek
beds, semi -natural, and natural areas with turf, plants, trees, and
SP1
ground cover which- are irrigated by manual and/or an electrically
controlled automatic systems.
2.02 An identification of the areas to be maintained is
provided in Exhibit A attached to these specifications.
2.03 The bidder, before submitting his bid, shall visit all
existing areas to be maintained and inform himself fully as to all
conditions that might affect the work specified. Said inspection of
these areas in the company of City representatives will be required as
a condition of submitting a bid and all bidders must attend the bidders'
conference which will be held on the site on the day of the walk-through
inspection.
2.04 Estimated square footages by district are provided for
all areas to be maintained on the attached Exhibit A. However, it is
the responsibility of the Contractor to verify by inspection and to
observe the various slope characteristics.
3. CERTIFICATIONS/REPORTS
3.01 Certification
Contractor shall complete the attached Landscape
Maintenance certification form designated Exhibit B and shall submit
same to Director concurrent with the monthly invoicing. The monthly
payment to the Contractor will not be made until such report has been
received by the Director.
3.02 In addition, when applicable, Contractor shall submit
with the monthly• invoice and Landscape Maintenance certification form,
a report indicating, for those specialty type maintenance operations
completed, the quantity and complete description of all commercial and
organic fertilizer(s), grass seed and soil amendments used and a valid
licensed California Pest Control Advisor's recommendation and copies of
corresponding pesticide use report signed by a licensed California Pest
Control Operator for all chemical disease and pest control work
performed.
3.03 -Maintenance Function Report
Contractor shall maintain and keep current -a report form
that records all On -Going, Seasonal, and Additional Work, maintenance
functions performed on a daily basis, by Contractor's personnel. Said
report shall be in a form �Lnd content acceptable to the Director and
shall be submitted to Director concurrent with the monthly invoicing.
The monthly payment will not be made until such report is received by
the Director.
4. ADDITIONAL WORK
4.01 The Director may at his discretion authorize the
Contractor to perform additional work, in accordance with the provisions
of the contract including but not limited to, repairs and replacements
when the need for such work arises out of extraordinary incidents such
as vandalism, Acts of God, and third party negligence; or improvements
in order to add new, modify existing or to refurbish existing
landscaping and irrigation systems as provided for in the contract
authorizing the provision of those services.
SP2
4.02 Prior to performing any additional work, the Contractor
shall prepare and submit a written description of the work with an
estimate of labor and materials. No work shall commence without the
written authorization from the Director. Not the above
authorization, when a condition exists wherein there is imminent danger
of injury to the public or damage to property, the Director may verbally
authorize the work to be performed upon receiving a verbal estimate from
the Contractor. However, within twenty-four (24) hours after receiving
a verbal authorization, the Contractor shall submit a written estimate
to the Director for approval.
4.03 All additional work shall commence on the specified date
established and Contractor shall proceed diligently to complete said
work within the time allotted.
5. CONTRACTOR'S LIABILITY
5.01 All damages incurred to existing improvements located
within areas under maintenance which in the City's opinion are due to
the Contractor's operation shall be repaired or replaced at the
Contractor's expense.
5.02 All suchrepairs or replacements shall be completed
within the following time limits.
a. Irrigation damage shall be repaired or replaced
within one watering cycle.
b. All damages to shrubs, trees, turf or groundcover
shall be repaired or replaced within five (5) working days.
5.03 All repairs and/or replacements shall be completed in
accordance with the following maintenance practices.
a. Trees - Minor damage such as bark lost from impact
of mowing equipment shall be remedied by a qualified tree surgeon or
arborist.
- If damage results in loss of a tree, the
damaged tree shall be removed and replaced to comply with the specific
instructions of Director.
b. Shrubs - Minor damage may be corrected by
appropriate pruning.
- Major damage shall be corrected by removal
of the damaged shrub and replacement to comply with the provisions in
Section 18 of these Specifications.
C. Chemicals All damage resulting from chemical
operation, either spray -drift or lateral -leaching, shall be corrected in
accordance with the aforementioned maintenance practices and the soil
conditioned to insure its ability to support plant life.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise the Director will
interpret the Agreement. If the Contractor disagrees with the
interpretation of the Director, he shall continue with the work in
accordance with the Director's interpretation. Within thirty (30) days
after receipt of the interpretation, he may file a written request for
a hearing before a Disputes Review Panel as provided herein. The
SP3
written request shall outline in detail the area of dispute.
6.02 The Disputes Review Panel will be appointed by the
Director and will be composed of not less than three Non -City personnel
having experience in the administration of Landscape maintenance
contracts. The panel will convene within one (1) week of appointment in
order to hear all matters related to the dispute. The hearing will be
informal and formal rules of evidence will not apply. The Panel will
submit its recommendation to the Director, for his consideration, within
one (1) week following the conclusion of the hearing. The Director
shall render an interpretation based upon his review of the Panel's
recommendation. The Director's decision shall be final.
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed
place and shall maintain a telephone thereat, listed in the telephone
directory in his own name or in the firm name by which he is most
commonly known, and shall, at all times, have some responsible
person(s), emploYed by the Contractor, to take the necessary action
regarding all inquiries and complaints that may be received from
property owners and tenants within said District or from the Director.
This person(s) shall be reachable 24 hours per day. An answering
service shall be considered an acceptable substitute to full time
coverage, provided Contractor is advised of the complaint within one (1)
hour of receipt of complaint by the answering service. The telephone of
said Contractor shall be on the exchange or exchanges of said
District(s) or a toll-free number, and in no case shall the people of
said District(s) be required to pay a toll charge to telephone said
Contractor. During normal working hours, the Contractor's Foreman or
employee of the Contractor, who is responsible for providing maintenance
services shall be available for notification through radio communica-
tion.
7.02 Whenever immediate action is required to prevent
impending injury, death or property damage to the facilities being
maintained, City may, after reasonable attempt to notify the Contractor
cause such action to be taken by the City work force and shall charge
the cost thereof as determined by the Director, against the Contractor,
or may deduct such cost frA any amount due to Contractor from City.
7.03 The Contractor shall maintain a written log of all
complaints, the date and time thereof and the action taken pursuant
thereto or the reason for non -action. The log of complaints shall be
open to the inspection of the Director at all reasonable times.
7.04 All complaints shall be abated as soon as possible after
notification; but in all cases within 24 hours, to the satisfaction of
the Director. If any complaint is not abated within 24 hours, the
Director shall be notified immediately of the reason for not abating the
complaint followed by a written report to the Director within five (5)
days. If the complaints are not abated within the time specified or to
the satisfaction of the Director, the Director may correct the specific
complaint and the total cost incurred by the City will be deducted and
forfeit from the payments owing to the Contractor from the City.
SP4
8. SAFETY
8.01 Contractor agrees to perform all work outlined in these
specifications in such a manner as to meet all accepted standards for
safe practices during the maintenance operation and to safely maintain
equipment, machines, and materials or other hazards consequential or
related to the work; and agrees additionally to accept the sole
responsibility for complying with all local, County, State or other
legal requirements including but not limited to, full compliance with
the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at
all times so as to protect all persons, including Contractor's
employees, agents of the City, vendors, members of the public or others
from foreseeable injury, or damage to their property. Contractor shall
inspect all potential hazards at said areas under maintenance and keep
a log indicating date inspected and action taken.
8.02 It shall be the Contractor's responsibility to inspect,
and identify, any condition(s) that renders any portion of the areas
under maintenance unsafe, as well as any unsafe practices occurring
thereon. The Director shall be notified immediately of any unsafe
condition that requires major correction. Contractor shall be
responsible for making minor corrections including but not limited to
filling holes in turf areas and paving, replacing valve box covers, and
securing play apparatus if any so as to protect members of the public or
others from injury. contractor shall cooperate fully with City in the
investigation of any accidental injury or death occurring on the
premises, including a complete written report thereof to the Director
within five (5) days following the occurrence.
9. HOURS AND DAYS OF MAINTENANCE SERVICE
9.01 Hours of maintenance service shall be either 6:00 a.m. to
2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be
provided for a Special District pursuant to the work schedule approved
in advance by the Director.
9.02 Contractor shall provide on-site staffing at the
prescribed hours five (5) days per week, Monday through Friday at the
Special Districts indicated on the work schedules approved in advance by
the Director. Any changes ih the days and hours of operation heretofore
prescribed shall be subject to prior written approval by the Director.
9.03 Per State of California Labor Code, Contractor is
directed to the following prescribed requirement with respect to the
hours of employment. Eight (8) hours of labor under this Agreement
shall constitute a legal day's work and said Contractor shall not
require or permit any laborer, worker or mechanic, or any subcontractor
employed by him to perform any of the work described herein to labor
more than eight (8) hours during any one day or more than forty (40)
hours during any one calendar week, except as authorized by Labor Code
Section 1815, under penalty of paying to the City the sum of Twenty-
five Dollars ($25.00) for each laborer, worker or mechanic employed in
the execution of said Agreement by him, or any subcontractor under him,
upon any of the work included in said Agreement for each calendar day
during which such laborer, worker or mechanic is required or permitted
to labor more than eight (8) hours in any one calendar day or forty
SP5
(40) hoursin any one calendar week, in violation of the provision of
Section 1811 to 1815, inclusive, of the Labor Code of the State of
California.
10. MAINTENANCE SCHEDULES
10.01 Contractor shall provide a work schedule for the
Districts to .be maintained which shall be submitted to the Director
within ten (10) days after the effective date of this Agreement for his
approval.
10.02 The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance. Said
revisions shall be submitted to the Director within five (5) working
days prior to scheduled time for the work.
10.03 The above provisions are not construed to eliminate the
Contractor's responsibility in complying with the requirement to notify
the Director for Specialty Type maintenance as set forth immediately
hereinafter.
10.04 Contractor shall notify the Director, in writing, at
least two (2). weeks prior to the date and time of all "Specialty Type"
maintenance operations. "Specialty Type" operations are defined as:
a. Fertilization
b. Turf aerification
C. Turf renovation/verticutting
d. Turf reseeding
e. Spraying of trees, shrubs or turf
e. Other items as determined by the Director
Said "Specialty Type" maintenance services shall be performed in compliance
with the specialized maintenance program (Exhibit C) attached hereto.
Failure to complete special services in accord with the schedules set forth
on Exhibit C will result in the Contractor becoming liable to the City for
liquidated damages ($100 per day) without written notice commencing
automatically upon the first day following the final date such work was to be
completed.
11. CONTRACTOR'S STAFF
11.01 The Contractor shall provide sufficient personnel to
perform all work in accordance with thespecifications set forth herein.
All of the Contractor's maintenance personnel shall be supervised by a
qualified, English speaking, Foreman in theemployof the Contractor.
11.02 Contractor shall transfer or discharge any employee whose
conduct or activity shall, in the reasonable exercise of discretion by
the Director, be deemed detrimental to .the interest of the public
patronizing the premises. Contractor shall transfer or discharge any
such person within a reasonable time following notice therefor from the
Director and such person shall not be employed at any other City
District area of maintenance contracted for and maintained by, the
Contractor.
SP6
11.03 Director may require the Contractor to establish
an identification system for personnel assigned to an area of
maintenance which clearly indicates to the public the name of the
Contractor responsible for the landscape and appurtenant maintenance
services. The identification system shall be furnished at the
Contractor's expense and may include appropriate attire and/or name
badges as specified by the Director.
11.04 The Contractor shall require each of his employees to
adhere to basic public works standards of working attire. These are
basically; uniforms, proper shoes and other gear required by State
Safety Regulations, and proper wearing of the clothing. Shirt, shall be
worn at all times and buttoned.
12. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter
upon the areas under maintenance or improvements thereon, unless prior
written approval therefor is obtained from the Director.
13. UTILITIES
13.01 The City shall pay for all utilities. However, water
usage shall not exceed amount required to comply with irrigation
schedules established by the Contractor and approved by the Director.
Contractor shall pay for all excessive utility usage due to Contractor's
failure to monitor irrigation system malfunctions or unauthorized
increases in the frequency of irrigation. The excess cost will be
determined by comparing current usage with historical usage for the same
time period. The excess cost factor, to be deducted from payments to
Contractor from City will be presented to the Contractor by the Director
prior to actual deduction to allow for explanations.
14. NON-INTERFERENCE
14.01 Contractor shall, not interfere with the public use of the
premises and shall conduct its operations as to offer the least possible
obstruction and inconvenience to the public or disruption to the peace
and quiet of the area within which the services are performed.
15. STORAGE FACILITIES
15.01 City shall not provide any storage facilities for the
Contractor.
16. TURF CARE
16.01 The Contractor shall perform at his sole expense the
following services:
a. Mowing. Turf to be mowed with an adequately
SP7
sharpened rotary or reel type mower, equipped with rollers, to ensure a
smooth surface appearance without scalping. All warm season grasses
(Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth
throughout the year. All cool season grasses (Blue Grass and Fescues)
to be cut at 2, inches during April through November and at 2 inches
during December to March of each year. The mowing heighths will be
adjusted by the Director during periods of renovation. All grass
clippings will be collected and removed from the site on the same day
the area is mowed. A mowing schedule will be established and main-
tained. This schedule will provide that all areas will be mowed not
less than once a week during the warm season of April to November and
once every two weeks during the cool season of December to March. This
schedule will be submitted to the Director for approval.
b. Edging. With each cutting, the edge of the grass
along sidewalks, curbs, shrub and flower beds, and walls shall be
trimmed to a neat and uniform line. Where trees and shrubs occur in
turf areas, all grass shall be removed 6 inches from the trunks of trees
and away from the drip line of shrubs by use of power scythe, approved
chemicals, or small mowers as required. Trim around all sprinkler heads
as necessary in order to provide maximum water coverage. Edging will be
done concurrent with each mowing. The edge of the turf shall be trimmed
around value boxes, meter boxes, backflow devices or any structures
located within the turf areas. All turf edges are to be maintained to
prevent grass invasion into adjacent shrub, flower, and ground cover bed
areas. All clippings shall be removed from site the same day area is
edged. After mowing and edging is completed all adjacent walkways are
to be swept clean by power blower.
C. Weed Control. Control turf weeds as needed and in
accordance with the specialized maintenance program (Exhibit C). Hand
removal of noxious weeds or grasses will be required as necessary.
d. Insect/Disease Control. Eliminate all insect or
disease affecting turf areas as they occur.
e. Aerating. Aerate all turf areas four (4) times
annually in accordance with the specialized maintenance program (Exhibit
C). Aerate all turf by using 2 inch tines removing 2 -inch cores of sod
with an aerator machine at not more than 6 -inch spacing once over.
Director is to be notified at least two (2) weeks prior to the exact
date of aerating.
f . Thatch 1�emoval . Renovate all warm season grasses to
the soil line and verticut all cool season grasses once annually prior.
to the overseeding operation to be performed in the fall of each year.
Equipment will consist of standard renovating or vertical mowing types.
Director is to be notified at least two (2) weeks prior to the exact
date of renovation.
g. Irrigation. Irrigation, including hand watering and
bleeding of valves during an emergency situation, as required to
maintain adequate growth rate and appearance and in accordance with a
schedule most conducive to plant growth. Contractor to provide Director
with monthly written irrigation schedule on form provided for this
purpose. Director .shall have the ability to change the irrigation
schedule as the need develops. Adequate soil moisture will be
determined by programming the automatic sprinkler controllers as
follows:
SPS
(1) Consideration must be given to the soil
conditions, seasonal temperatures, wind conditions, humidity, minimizing
runoff and the relationship of conditions which affect day and night
watering. This may include daytime watering during winter weather to
prevent icy conditions and manual operation of the irrigation system
during periods of windy or inclement weather. During freezing and/or
windy conditions, automatic irrigation will be discontinued.
(2) In areas where wind creates problems of
spraying water onto private property or road rights-of-way, the
controllers shall be set to operate during the period of lowest wind
velocity which would normally occur at night (between the hours of 7:00
p.m. and 6:00 a.m.).
(3) The Contractor shall be responsible for
monitoring all systems within the jurisdiction of this specification,and
correct for: coverage, adjustment, clogging of lines, and removal of
obstacles, including plant materials which obstruct the spray.
(4) Check systems daily and adjust and/or repair
any sprinkler heads causing excessive runoff, including slope areas, or
which throw directly onto roadway paving or walks (where sprinkler heads
can be adjusted) within the District.
(5), All controllers shall be adjusted on a weekly
basis considering the water requirements of each remote control valve
(sprinkler station).
(6) Irrigation system will be controlled by
Contractor in such a way as not to cause an excessively wet area which
could interfere with the Contractor's ability to mow all turf.
(7) The Contractor shall observe and note any
deficiencies occurring from the original design and review these
findings with the Director, so necessary improvements can be considered.
(8) Contractor shall repair all leaking or
defective valves immediately upon occurrence, or within twenty-four (24)
hours following notification from the Director of such a deficiency.
(9) A soil probe shall be used to a depth of twelve
(12) inches to determine the water penetration by random testing of the
root zones.
(10) Contractor shall file a monthly statement with
the Department of Parks and' 'Maintenance certifying that all irrigation
systems are functioning properly and provide a monthly irrigation
schedule for the succeeding month.
(11) Contractor shall also be required to file a
yearly certification with the Department of Health Services that all
backflow prevention devices on the irrigation systems are operating in
accordance with the requirements established by the Los Angeles County
Health Services Department. It will be the responsibility of the
Contractor to repair and replace when necessary subject to the
provisions of Section 21 hereunder all backflow prevention devices at
his sole expense.. Said certification shall be completed within thirty.
(30) days upon notification from the Department of Health Services that
said certifications are due.
h. Fertilization. Turf shall be fertilized with a balanced
type commercial fertilizer twice (2) a year during the months of May
and September. All fertilizer used shall be inorganic and granular.
SP9
Rate for each application shall be one (1) pound of actual available
nitrogen per 1,000 square feet of a balanced type commercial fertilizer.
The balanced fertilizer shall be approved by the Director and shall be
of a 4-1-2 ratio. In addition to the balanced type commercial fertili-
zation, the Contractor shall fertilize all turf areas with ammonium
sulphate during March, April, and July of each calendar year at a rate
of one (1) pound of actual available nitrogen per 1,000 square feet and
with calcium or ammonium nitrate during November, December, and January
of each calendar year at a rate of one (1) pound of actual available
nitrogen per 1,000 square feet. All turf areas fertilized shall be
thoroughly soaked immediately following fertilization.
i. Turf Reseeding. Contractor shall once each year in fall,
overseed all turf after aerification and overseed all bare spots as
needed throughout the remainder of the year to reestablish turf to an
acceptable quality. When Contractor reseeds turf he will aerify,
renovate or verticut, seed and mulch (spread evenly over the entire area
to a uniform depth of 1/4 inch) in this sequence. The Director may
require the use of sod when deemed necessary. Contractor shall be
entitled to additional compensation for the cost of the sod only
provided loss of turf was not due to ;the negligence of the Contractor.
overseeding shall be sown at a rate of five (5) pounds per 1,000 square
feet and reseeding of bare areas shall be sown at a rate of eight (8)
pounds per 1,000 square feet. The following seed specifications shall
be used for all overseeding and reseeding.
17. SHRUB AND GROUND COVER CARE
17.01 The Contractbr shall perform at his sole expense the
following services:
a. Pruning. Prune shrubbery during the month of
January through March to encourage healthy growth habits and for shape
and appearance with the exception of roses which shall be pruned no
later than January. All shrubs shall be free of dead wood, weak,
diseased, insect infested and damaged limbs at all times. Remove all
clippings the same day shrubbery is pruned.
b. Trimming. Restrict growth of shrubbery and ground
covers to area behind curbs and walkways, and within planter beds by
trimming, as necessary, or upon written notice by the Director.
C. Renovation. Renovate ground covers according to
prescribed practices in the industry as needed to maintain a healthy
vigorous appearance and growth rate.
d. Disease and Insect Control. Maintain free of
disease and insects and treat when needed pursuant to section 20.
SP10
Proportion
Name
By Weight
Purity
Germination
Newport Blue Grass
20%
95%
90%
Lolium Perenne 'Pennfine' Rye
26 1/3%
95%
85%
Pennant Rye
26 1/3%
95%
850
Derby Rye
26 1/3%
95%
85%
17. SHRUB AND GROUND COVER CARE
17.01 The Contractbr shall perform at his sole expense the
following services:
a. Pruning. Prune shrubbery during the month of
January through March to encourage healthy growth habits and for shape
and appearance with the exception of roses which shall be pruned no
later than January. All shrubs shall be free of dead wood, weak,
diseased, insect infested and damaged limbs at all times. Remove all
clippings the same day shrubbery is pruned.
b. Trimming. Restrict growth of shrubbery and ground
covers to area behind curbs and walkways, and within planter beds by
trimming, as necessary, or upon written notice by the Director.
C. Renovation. Renovate ground covers according to
prescribed practices in the industry as needed to maintain a healthy
vigorous appearance and growth rate.
d. Disease and Insect Control. Maintain free of
disease and insects and treat when needed pursuant to section 20.
SP10
e. Weed Control. All ground cover and shrub beds are
to be kept weed free at all times. Methods for control can incorporate
one or all three of the following:
(1) Hand removal.
(2) Cultivation.
(3) Chemical eradication.
f. Fertilization. Apply fertilizer at least two (2)
times per year (during the months of March and April, and September and
October) to provide a healthy color in all plants with foliar feedings
if applicable. Contractor will cultivate around plants where needed.
Fertilizer should be a balanced inorganic 10-6-4 ratio with trace
elements. The Contractor shall provide the Director with a fertiliza-
tion schedule, with two (2) weeks notification prior to the proposed
fertilization_
g. Irrigation. Irrigate including hand watering and
bleeding of valves in emergency situations where automatic systems are
not functioning as required to maintain adequate growth rate and
appearance. Section 16, Paragraph 9, concerning irrigation practices
shall apply to shrubs and ground covers.
h. Shrub and Ground Cover Replacement. All damaged,
diseased (untreatable) or dead shrubs and ground covers will be replaced
with the exact same material that existed and of similar size as
required by the Director unless otherwise notified by the Director in
writing. Substitutions for any plant materials must have prior approval
in writing by the Director. Original plans and specifications should be
consulted to determine correct identification of species. All shrubs
shall be guaranteed to live and remain in healthy condition for no less
than six (6) months from the date of acceptance of the job by the
Director.
18. TREE CARE
18.01 The Contractor at his sole expense shall perform the
following services:
a. Tree Maintenance:
(1) Contractor shall be responsible . for the
pruning, shaping and removal of trees under 15' in height. The
Contractor shall inform the Manager's office of any damaged or diseased
trees or any trees that poke a threat to adjacent concrete, walls or
property.
(2) All trees shall be maintained free of all dead,
diseased and damaged branches back to the point of breaking. Cuts must
be made flush with the parent limb or trunk to promote proper healing.
Any cuts exceeding one and one-half (1k) inch will be treated with a
wound dressing. All sucker growth is to be removed from.trees as it
occurs.
(3) Maintain seven (7) foot clearance for branches
overhanging walks and fourteen (14) foot clearance for branches
overhanging beyond curb line into the paved section of streets where
applicable.
(4) Control insects and diseases as needed pursuant
to the provisions of section 19 and Exhibit C.
SP11
(5) Stake and support all replacement trees and
replace stakes which have been broken or damaged on existing trees as
required.
(a) Tree stakes shall be pentachloraphenol
treated lodge pole pine not less than eight (8) feet in length for five
(5) gallon size trees and not less than ten (10) feet for fifteen (15)
gallon trees sizes (two (2) per tree).
(b) Guy wires where required and plant ties
will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per
tree).
(c) Hose for covering wire to be either new or
used garden hose at least one-half (Z) inch in diameter those ties
should allow for minimum of three (3) additional inches of clearance
beyond the diameter of the branch or trunk being secured).
(d) Stakes will not be placed closer than
eight (8) inches from trunk of the tree.
(e) Stakes and ties will be placed so no
chafing of bark occurs and shall be checked frequently and retied to
prevent girdling.
b. Fertilization. Apply fertilizer within dripline at
least once per year (during the months of March or April) to provide a
healthy color in all plants. Fertilizer should be a balanced in
10-6-4 ratio with trace elements. The Contractor shall provide the
Director with two (2) weeks notification prior to the fertilizer
application.
C. Irrigation. Irrigation will be programmed in
conjunction with automatic controllers or manual control valves
servicing turf or ground cover and shrub areas in accordance with the
requirements of Section 16, Paragraph 9.
d. Permits. If a permit is required for tree pruning,
City Department of Parks and Maintenance will obtain permit prior to
commencement of work by Contractor.
e. Tree Replacement. All trees permanently damaged by
any means will be replaced as provided for under Sections 6 or 24 with
the identical species of tree existing previously, unless otherwise
notified in writing by the Director. The need for and the size o,
replacement will be determined by the Director at the monthly
maintenance inspection meeting or upon written notification. Size of
the replacement shall be of a like size not to exceed a 24 -inch box
specimen container. size. Substitutions will require prior written
approval by the Director. Original plans and specifications should be
consulted to insure correct identification of species.
f. Olive Tree Spraying. ornamental olive trees shall
be sprayed to prevent fruit set by use of "Maintain." Two applications
shall be required 7-10 days apart. The first application shall be
applied when 1/2 to 3/4 of the olive blooms are open (sometime between
April 1 and May 10). Both spray applications shall be put on using a
power sprayer with a minimum of 150 p.s.i. pressure.
19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL
19.01 The Contractor shall perform at his sole expense the
following services:
SP12
a. chemical Application. All work involving the use of
chemicals will be accomplished by a State of California licensed pest
control operator. A written recommendation by a person possessing a
valid California Pest Control Advisor License is required prior
to chemical application.
b. Permits. All chemicals requiring a special permit
for use must be registered by the Contractor with the County Agricul-
tural Commissioner Office and a permit obtained with a copy to the City
Department of Parks and Maintenance prior to use. A copy of all forms
submitted to the County Agricultural Commissioner shall be given to the
Director on a timely basis.
C. Compliance with Regulations. All regulations and
safety precautions listed in the "Pesticide Information and Safety
Manual" published by the University of California will be adhered to.
d. Pest Control. Control of ground squirrels, gophers,
and other burrowing rodents by trapping and/or eradication will be
provided by the District. Whenever holes .are visible upon the surface,
these holes shall be filled and securely tamped by contractor to avoid
moisture runoff entering the holes. This procedure shall be followed in
all areas especially within all slope areas.
20. GENERAL CLEAN-UP
20.01 The Contractor shall perform at his sole expense the
following services:
a. Trash Removal. Remove all trash and accumulated
debris from site.
b. Policing of Areas. All areas under maintenance and
other designated areas will have above identified trash removed Mondays,
Wednesdays and Fridays of each week throughout the year.
C. Concrete/Asphalt Median Strip Maintenance.
Contractor is responsible for weed and grass removal within concrete
asphalt median strip areas, if any at all times.
d. Curb' 'and Gutter Maintenance. Contractor is
responsible for removal of weeds and grass from curb and gutter
expansion joints at all times.
e. Walkway Maintenance. Walkways, if any, will be
cleaned immediately following mowing and edging and cleaned by use of
power sweeping or blower equipment not less than once per week. This
includes removal of all foreign objects from surfaces such as gum, dog
feces, grease, paint, graffiti, etc. All walkway cracks and expansion
joints shall be maintained weed and grass free at all times.
f. Drain Maintenance. All drains and catch basins
shall be free of siltation and debris at all times.
g. Removal of Leaves. Accumulations of leaves shall be
removed from all areas not less than once per week.
21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR
21.01 All irrigation systems within the District areas
designated in this specification will be repaired and maintained as
SP13
required for operation, by the Contractor at his sole expense in the
following manner:
a. Scope of Responsibility. The Contractor shall
maintain (repair or replace as needed) and keep operable all irrigation
equipment consisting of sprinkler heads, valves, lines, quick couplers,
risers, automatic controllers, batteries, and backflow prevention
devices. This paragraph does not require the' Contractor to make a
complete piping replacement of the system.
b. Replacement Requirements. Replacements will be of
original materials or substitutes approved by the Director in writing
prior to any installation.
C. Extent of Responsibility. The Contractor will be
responsible for immediate maintenance (repair or replacement) of all
irrigation systems. Contractor will be responsible at all times for
hand watering and the bleeding of valves in emergency situations as
required to sustain and prevent loss of turf, trees, plants, and ground
covers when automatic systems are not functioning. The replacement
Section 21 requires to be provided by the Contractor shall be the normal
deterioration, wear and tear, or negligence upon the part of the
Contractor. The replacement required by Section 21 caused by extra-
ordinary incidents of vandalism, acts of God, and third party negligence
will be accomplished by the Contractor pursuant to the provisions of
Section 23 of this Specification. However, the District(s) will
continue the program of reimbursing the Contractor for the replacement
with a new diaphragm valve of any piston type valve deemed to be
unrepairable by the. Director. However, the Contractor will be
reimbursed only for the wholesale cost of the new diaphragm valve
including sales tax plus 15% for overhead and profit (not for the labor
to install).
d. Ordinances. All materials and workmanship will be
in accordance with applicable City or County Plumbing Ordinances. Where
the provisions of the specifications exceed such requirements, the.
specifications shall govern.
22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS,
CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS
22.01 Walkways andIiService Roads. All walkways and service
roads, if any, shall be maintained by the Contractor so as to keep the
integrity of the walking or driving surface in a safe, unimpaired
condition. The Contractor shall be entitled to additional compensation
for maintaining walkways and service roads in the following manner:
required.
a. Broken corners will be removed and repaired as
-
b. Broken curbs or headers adjacent to or part of
roadways or walkways will be repaired or replaced.
C. Contractor will not be responsible for total
replacement of roadways or walkways as a result of normal deterioration,
but will be required to replace all improvements damaged by his
negligence .
22.02 Drainage Systems. The following services shall be
provided by the Contractor at his expense except as otherwise provided
for:
SP14
a. All surface drains ("V" ditches), if any, shall be
kept clear of debris so that water will have an unimpeded passage to its
outlet. Contractor will repair or replace concrete portions as
necessary for which the Contractor will receive additional compensation.
b. All sub -surface drains (except storm drains), if
any, shall be periodically flushed with water to avoid build-up of silt
and debris. All inlets to sub -surface drains shall be kept clear of
leaves, paper and other debris to ensure unimpeded passage of water.
Contractor shall replace all broken or stolen sections of pipe, catch
basin boxes and grates, for which additional compensation shall be
authorized.
22.03 Miscellaneous Improvements. It will be the responsibi-
lity of the Contractor to repair or replace miscellaneous improvements
such as signs and mowing strips, and any other structural improvements
within the District unless otherwise specified. Contractor shall be
entitled to additional compensation for these services.
23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS
23.01 Contractor shall be responsible for performing
maintenance, repairs and replacements, when the need for such work
arises out of extraordinary incidents such as vandalism, Acts of God,
and Third party negligence in accordance with the provisions of this
Section. The Contractor shall replace as the result of any of the
extraordinary incidents described in this Section (1) damaged, diseased
(untreatable) or dead shrubs, ground cover and trees in accordance with
Sections 17 and 18 and (2) inoperable irrigation equipment described in
Section 21. The Contractor shall submit a written estimate of the cost
for performing such work. The Director may, upon review and approval of
such estimate, authorize the Contractor to perform said work by the
issuance of a written Work Order. After submittal of the bill, the
Contractor shall be reimbursed only for the agreed upon cost estimate.
Allowable elements of cost for (1) the replacement of shrubs, ground
cover, and trees shall be their wholesale cost including sales tax and
cost of labor plus a factor of 15 percent (1.5%) for overhead and profit
and (2) the replacement of Irrigation Equipment as defined in Section 19
of these Specifications shall be only the wholesale cost of equipment
including sales tax (no reimbursement for Contractor's cost of labor)
plus a factor of 15 percent (150) for overhead and profit. In the event
the Contractor's written estimate is not approved, then the Director
reserves the right to contract with a third party to perform such work.
24. MAINTENANCE INSPECTIONS
24.01 The Contractor shall:
a. Weekly perform a maintenance inspection during
daylight hours of all facilities within the District. Such inspection
hall be both visual and operational. The operational inspection shall
include operation of all sprinkler, lighting and other technical systems
to check for proper operational condition and reliability.
SP15
b. Monthly meet on site with an authorized
representative of the Director for a walk-through inspection. Said
meeting shall be at the convenience of the Director and may include
residents of the community. The Director shall notify the appropriate
local representatives of the time and place of each walk-through
inspection at least one (1) week prior to such inspection. In addition,
weekly interim inspections may be made by the Director. Any corrective
work required as a result of a monthly inspection or any interim
inspection by the Director shall be accomplished to the satisfaction of
the Director within three (3) days of the notification of deficiencies,
except in the case of a leaking valve which must be repaired within 24
hours following notification.
25. PLAYGROUND EQUIPMENT MAINTENANCE
25.01 All playground sites and equipment shall be inspected at
the start of each work day and sand cleaned and raked level to remove
any foreign and hazardous material and neatly groomed.
25.02 Special attention shall be made to low sand areas, around
play equipment. These sand areas shall be leveled by distributing sand
from high areas to low areas.
25.03 All sand play areas shall be maintained free of litter,
cans, pop tops, broken glass and other debris.
25.04 All playground sites and equipment shall be checked daily
Monday through Friday throughout the year and contractor shall clean and
remove litter from sand areas daily, Monday through Friday throughout
the year. Any unsafe condition of play equipment shall be corrected
and/or reported pursuant to Section 8 of these specifications.
25.05 By the 10th of each month, all sand areas shall be
rototilled to the maximum depth that will allow complete loosening of
the sand but will not cause lower base materials to be mixed in with the
sand. After.totilling, all areas shall be raked level.
26. FIRE PROTECTION SLOPE AREAS MAINTENANCE
26.01 These slope areas are hillside areas and are designed to
meet Los Angeles County Ord?inances for fire retardation. These areas
generally occur in sloping terrain with gradients ranging 10 percent to
100 percent. Slopes are either manufactured or natural. The natural
slopes have been brushed to remove certain plant materials. Manufac-
tured slopes have been hydromulched in accordance with applicable County
ordinances. Use of these areas by the residents should be minimal.
26.02 The maintenance of the natural slopes requires that the
weeds and native brush be clipped to a height of 2 to 4 inches for a
distance of at least 100 feet from a dwelling or structure. Also, dead
wood from woody plants shall be trimmed when the area is brushed. Apply
water within the cleared zone only as needed during fire season to
maintain sufficient moisture content for sustenance of the plants and to
inhibit combustion. Remove all debris from this operation off the
District property. Weeding shall commence immediately following the
rainy season once the growth of weeds has reached a maximum of 12 inches
in height or when the County Fire Marshall has determined that a fire
SP16
hazard condition exists. The required weeding shall be completed as
soon as possible following its commencement and shall be completed
throughout a District within a maximum period of thirty (30) days.
Contractor shall be responsible for maintaining the brushed slope areas
throughout the year in accordance with the above -identified height of
weeds, dead wood removal and distance from dwellings or structures
requirements. This may require that certain areas will need additional
brushing as directed by the County Fire Marshall. Contractor will be
paid additional compensation for additional brushings at the rate
specified in the form of bid. Also, Contractor shall fertilize twice'a
year shrubs in these areas with inorganic 10-6-4 and remove weeds to a
distance of 30 feet measured from any sidewalk adjacent to a fire
protection slope area.
26.03 Where reference is made to weeding, brushing or clearing
within 100 feet of a structure, it is intended that the space between
the structure and the private property line is the responsibility of the
owner of the property. As an example, assume a private residential lot
has a depth of 100 feet, the rear or side of which abuts a fire
protection slope. Assume that the structure is set back 20 feet from
the property line abutting this slope. The Contractor's responsibility
is within the portion or balance of the 100 feet outside of the private
property boundary, or, in this case, 80 feet. Consult with the Director
for any questions regarding these areas.
26.04 The maintenance of the manufactured slopes requires that
the planted slopes be kept weed free at all times. Contractor shall
program the irrigation system to deliver sufficient moisture within the
root zone of trees and shrubs to sustain growth. Contractor shall be
responsible for any damage to slope areas caused by excessive watering
practices. Plants and trees shall be fertilized in accordance with the
requirements of Sections 17 and 18 of these Specifications. Weeding
will be subject to the special conditions identified in Exhibit D of
these specifications.
27. NATURAL AREAS MAINTENANCE
27.01 Natural areas are open space areas that have minimal
usage due to the sloping character of the land and the rugged landscape
materials that are native to! the land. Contractor will provide periodic
maintenance consisting. of debris removal only as directed by the
Director.
28. TERM OF AGREEMENT
28.01 This Agreement shall take effect and commence upon its
execution by the District and, unless executed on the first day of a
calendar month, shall continue for the rest of the partial calendar
month in which executed and for a period of twelve (12) full calendar
months thereafter.
28.02 The District shall have the option to extend this
Agreement up to five (5) additional one (1) year periods, subject to the
same terms and conditions contained herein, by giving Contractor written
notice of exercise of this option to renew at least thirty (30) days
SP17
prior to the expiration of the initial term of this Agreement, or of any
additional 1 year extensions.
29. CONTRACTOR'S COMPENSATION
29.01 Should this Agreement commence on other than the first
day of a calendar month, the Contractor's compensation for that partial
calendar monthly shall be prorated at the rate of 1/30 of the full
monthly rate per day, to an including the last day of the partial
calendar month.
29.02 In the event the District exercises its option to extend
the term of this Agreement for one or more of the additional five (5)
one year periods as provided for in paragraph 28.02, the Contractor's
monthly compensation shall be subject to adjustment at the commencement
of the extended term and annually thereafter ("the adjustment date") as
follows:
The compensation provided herein shall be adjusted to reflect the
increase, if any, in the cost of living during the previous year by
adding to the Contractor's monthly compensation the amount, if any,
obtained by ,multiplying the Contractor's compensation as of the
adjustment date by the percentage by which .the Consumer Price Index
(CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the
month immediately preceding the Adjustment Date (the "Index Month")
reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increase dover the CPI for the month one year
prior to the Index Month. If the Index is discontinued, the Manager's
Office shall, at its discretion, substitute for the Index such other
similar index as it may deem appropriate.
SP1s
X X X iun{,v16W S
15.7 7 AGRkS
TU P,F L1. 5 AIRF 5
u i!
EXIiIBIT
LANDSCAPE MAINTENANCE CERTIFICATION
I (We) hereby certify under penalty of perjury that the work within the
facilities specified under the provisions of County Agreement No.
has been performed in accordance with the specification of said Agreement for
the month of , 19 , and that:
1. Not less than the prevailing
wages, as determined by the
State Department of Industrial
Relations, have been paid to
personnel employed to do this
work.
2. All On -Going Maintenance Tasks
have been completed as provided
for in said Agreement and
Specifications.
3. Irrigation systems have been
checked for operability and
that the following are
functioning properly.
a. Irrigation.lines
b. Valves
C. Sprinkler heads
d. Controllers
4. Spraying and/or use of chemicals
has occurred. If Yes, has: ^
a. Copies of the PCA's written
recommendation been sent to
the Inspector? )j
b. Copies of the Pesticide Use _
Report been sent to the
Inspector?
C. Copies of restricted use
permits been sent to the
Inspector?
5. Specialty Type Maintenance has _
been requested. If Yes, has:
a. The inspector been notified
in writing? _
b. If applicable, quantity and _
complete description of materials
used been sent to inspector?
=
.
im
�
C
C
—t
n
m
O
n
+
C
-3
g°
�_
r
aq
C!1
C
>
[i
O
O
O�
�Ke
�K
3
"'
>n
Ox
^C.
?Z
O
C.
n
D
a
=
n
T.
-
f1
zT
O�
��
�,,.
Oo
C71
Z
m
C
y
m
_
m
m
T
O.
00
0
C1T
o�
3;
z�
CO
NO
2
L
C'
m
g-
_��
�T
N_
m
rmrn
O
z
0
Z
0
O
0+
Z
o
0
Z
0
Z
C
O
�
m
cu
i
d ry
DIAMOND BAR LLAD NOS. 39 AND 41
The program for the control of Fescue on the planted
slope areas within the Diamond Bar Hills and the Diamond Bar High
Country developments shall consist of the following pre -emergent and
post emergent herbicide applications. Ronstar shall be applied at the
rate of 100-200 pounds per acre to prevent the germination of new Fescue
and will put the existing Fescue under unfavorable stress allowing the
existing ground cover to push out the Fescue by outgrowing it. Fusilade
at the rate of one pint per acre shall be applied to control existing
Fescue. Therefore, this program provides for the use of Fusilade as a
post -emergent grass killer and Ronstar as a pre -emergent grass herbicide
to control Fescue found on these designated slopes. This program shall
be repeated as often as needed to eradicate or control the growth of
Fescue on these slopes.
The above conditions will be discussed on the site during the scheduled
walk-through.inspection which all prospective bidders will be required
to attend.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 41
The City Clerk of the City! of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:30 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
1
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
IMPORTANT NOTICE TO BIDDER
Notice is hereby given that the City of Diamond Bar is soliciting
bids for maintenance services for Landscape and Lighting District
41.
A mandatory bidders conference and inspection of the areas to be
maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at
Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond
Bar, California.
Bids will be accepted until 10:30 a.m. on April 30, 1991 at Diamond
Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar,
California 91765, at which time and place said bids shall be
publicly opened, examined and declared.
Due to current drought situations and resultant rationing mandates,
Contractor will be required to monitor irrigation systems to comply
with reductions. The successful Contractor will be responsible for
costs incurred due to excess usage.
Inquires regarding these specifications can be directed to Charles
Janiel, Director of Parks and Maintenance, (714)860-2489.
Upon receipt of this proposal, contact Charles Janiel, Director of
Parks, at the City of Diamond Bar with the name of your company,
telephone number, a FAX number and the name of a contact person
within your company. Failure to provide the City with this
information may result in improper distribution of updated
materials regarding the bid documents. The City will not be
responsible for information not being distributed to the proper
person.
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT NO. 41
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:30 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
1 -
7
INFORMATION FOR BIDDERS
8 -
13
BIDDER'S PROPOSAL
14 -
16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
17
LIST OF SYMBOLS AND ABBREVIATIONS
18
SUBCONTRACTORS LIST
19
NONCOLLUSION AFFIDAVIT
20
FAITHFUL PERFORMANCE BOND
21
LABOR AND MATERIAL BOND
22
BIDDER'S BOND
23 -
24
AGREEMENT
25 -
33
GENERAL PROVISIONS
GP -1-
GP -7
SPECIAL PROVISIONS
SP -1
- SP -18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 41 IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar
to maintain certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the maintenance of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City, of Diamond Bar be and are
hereby approved as the specifications for Landscape and Irrigation
Maintenance in Landscape and Lighting District No. 41.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, Los Angeles County, California, directing this
i
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 10:30 o'clock A.M. on the
30th day of April, 1991, sealed bids or proposals for the Lighting
and Landscape Maintenance District No. 41.
Bids will be opened and publicly read immediately int he
office of the City Clerk, Suite 100, 21660 East Copley Drive,
Diamond Bar, California.
1
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid for
Lighting and Landscape Maintenance District No. 41.11
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the
City Clerk of the City of Diamond Bar, Suite 100, 21660 East Copley
Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than
the general prevailing 'rate of wages hereinbefore stipulated for
any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said
Labor Code.
In accordance with the provisions of Section 1777.5 of
the Labor Code as amended by Chapter 971, Statutes of 1939, and in
2
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections
1777.5 and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in the area
exceeds a ratio of one to five, or
C. When the trade c�Ln show that it is replacing at least
1/30 of its membership through apprenticeship training on
an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public
3
works -site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 11777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed int he execution of this contract and
the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, not more than fifty dollars ($50.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eights (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code Section 1773.8.
4
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed contract if the same is warded to him, and in
event of failure to enter into such contract said cash, cashier's
check, certified check, or bond shall become the property of the
City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar for an amount equal to
at least ten percent (10%) of the amount of said bid as a guarantee
that the bidder will enter into the proposed contract if the same
is warded to him, and in event of failure to enter into such
contract said cash, cashier's check, certified check, or bond shall
become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security,
shall be applied by the City of Diamond Bar to the difference
between the low bid and the second lowest bid, and the surplus, if
any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be fifty percent
(50%) of the annual contract price thereof, and an additional bond
in an amount equal to twenty-five (25%) of the contract price for
said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
5
contracted to be done by the Contractor, or any work or labor of
any kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which
may be entered into between him and the said City of Diamond Bar
for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a contractor at time of award in accordance with
the provisions of the Contractor's License Law (California Business
and Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has
not been issued by the City of Diamond Bar. A C-27 license is
required.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of diamond Bar on file in the
office of the City Clerk at the City hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of $5.00, said
5.00 is nonrefundable.
Upon written xequ�est by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an 'additional
nonreimbursable payment of $5.00 to cover the' cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
'2
PASSED, APPROVED AND ADOPTED this
, 1991.
MAYOR
day of
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of , 1991, by the
following Roll Call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS -
LYNDA BURGESS, City Clerk
City of Diamond Bar
7
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted
at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications for Public Works Construction, 1988
Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the bidder, his address, and the name of
the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the
bid is received in proper time. Any bid received after the scheduled closing time for receipt of
bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's
or certified check or by a bid bond in the amount of not less than ten percent (10%) of the
amount annual named in the proposal. Said check or bond shall be made payable to the City
Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the
work, will enter into a contract within ten (10) days after written notice of the award and will
furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said
contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond
will be accepted unless it conforms substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid
upon, alternative proposals or any other modifications of the bid form which is not specifically
called for in the contract documents may result in the Owner's rejection of the bid as not being
responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be
considered but a telegraphic modification may be considered and only if a postmark evidences
that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any erasures, interlineation, or other
corrections unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons signing
the bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the
words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of the individual items shall prevail
over the total figure shown. The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject
any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law.
Page 8
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the
proposed work and the contract documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered as to the character, quality,
and quantity of materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the site of the work and
the date of such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and the
drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to
meet all the difficulties attending the execution of the proposed contract before the delivery of his
proposal, and agrees that if he is awarded the contract, he will make no claim against the City of
Diamond Bar based on ignorance or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written
request, or by telegraphic request confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract
until he has secured all insurance and bonds required under this section nor shall be allow any
subcontractor to commence work on this subcontract until all similar insurance and bonds
required of the subcontractor have been obtained. All insurance issued in compliance with this
section shall be issued in the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the amounts required shall be
furnished by the contractor to the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the
State of California for all labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation Insurance laws.
The contractor shall maintain public liability insurance to protect said contractor and the City
against loss from liability imposed by law, for damages on account of bodily injury, including
death resulting therefrom, suffered or alleged to have been suffered by any person or persons,
other than employees, resulting directly or indirectly from the performance or execution of this
contract or any subcontract thereunder, and also to protect said contractor and the City against
loss from liability imposed by law, for damage to any property, damage insurance shall be
maintained by the contractor in full force and effect during the entire period of performance under
this contract, in the amount of not less than $500,000 for one person injured in the accident and
in the amount of not less than $1,000,00 0 for more than one person injured in one accident and in
the amount of not less than $500,000 with respect to any property damage aforesaid. The City
shall be named a co-insured regardless of fault.
Page 9
The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory
bonds conditioned upon faithful performance by the contractor of all requirements under the
contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one hundred percent (100%) of the
estimated aggregate amount of the payments to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not
less than one hundred percent (100%) of the estimated aggregate amount of the payments to be
made under the contract computed on the basis -of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting
a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings,
specifications, or other contract documents, or finds discrepancies in, or omissions from the
drawings and specifications, he may submit to the Owner a written request for an interpretation or
correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the contract documents will be made only by Addendum duly
issued and a copy of such addendum will be mailed or delivered to each person receiving a set
of the contract documents. No person is authorized to make any oral interpretation of any
provision in the contract documents to any bidder, and no bidder is authorized to rely on any
such unauthorized oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm,
partnership, corporation, or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such bidder is interested. If
there is reason for believing that collusion exists among the bidders, all bids will be rejected and
none of the participants in such collusion will be considered in future proposals.
11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible
bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to the alternate or alternates selected
and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if made, will be made within sixty (60)
calendar days after the opening of the proposals; provided that the award may be made after said
period of the successful bidder shall not have given the City written notice of the withdrawal of his
bid.
i
12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election
of the governing board to the lowest responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal
Page 10
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Public Contract
Code). Forms for this purpose are furnished with the contract
documents.
15. WORKERS COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
sign and file with the Owner the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing
the performance of work of this contract."
16. BID DEPOSIT RETURN: Deposits of the three lowest bidders, the
number being at the discretion of the Owner, will be held for sixty
days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement, whichever
first occurs, at which time the deposits will be returned after
consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided,, and shall secure all insurance and bonds as herein
provided within (10) days from the date of written notice of the
award. Failure or refusal to enter into a contract as herein
provided, or to conform to any of the stipulated requirements in
connection therewith shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract,
the City may award the contract to the second lowest responsible
bidder. If the second lowest responsible bidder refuses or fails
to execute the contract, the City may award the contract to the
third lowest responsible bidder. On the failure or refusal of
such second or third lowest bidder to execute the contract, such
bidder's guarantees shall be likewise forfeited to the City. The
work may then be readvertised.
18. 11OR EQUAL": Pursuant to Article 5, Chapter 3, Part 1,
Division 2 (commencing at 3400) Public Contract Code, all
specifications shall be deemed to include the words "or equal",
provided however that permissible exceptions hereto shall be
specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The contractor and any subcontractor under him shall comply with
the requirements said sections in the employment of apprentices;
Page 11
however, the contractor shall
compliance with said Labor Code
occupations, regardless of any
relationships alleged to exist.
have full responsibility for
section, for all apprenticeable
other contractual or employment
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available for
the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty to
the City of Diamond Bar, twenty-five dollars ($25) for laborers,
workmen, or mechanics employed for each calendar day, or portion
thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and
stipulated for any work done under the proposed contract, by him,
or by any subcontractor under him, in violation of the provisions
of the Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements relating
to the work as set forth in the aforementioned Labor Code are on
file and available for inspection in the Office of the Department
of Industrial Relations, Division of Labor Statistics and Research.
22. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are
advised that upon payment of the appropriate purchase price, the
set of contract drawings and specifications become the property of
the purchaser and are not to be returned to the City of Diamond
Bar.
23. AWARD OF CONTRACT: The award of the contract, if it be
awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements described.
24. QUANTITIES: The quantity of work for the unit price items to
be done under the contract,}as noted in the Schedule of Prices, is
an estimate and is not to be taken an expressed or implied
statement that the actual quantity of work will correspond to the
estimate.
The right is reserved by the City of Diamond Bar to increase or
decrease or to entirely eliminate items from the work if found
desirable or expedient.
The Contractor will be allowed no claims for anticipated profits,
loss of profits or for any damages of any sort because of any
difference between the estimated and actual quantities of work done
of for work decreased or eliminated by the City of Diamond Bar.
Page 12
25. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the City's Engineer signed by
an authorized representative of the bidder or by the person filing
the bid.
26. INVALID PROPOSALS: Proposals submitted by telegraph and those
which are not logged in at the office of the City Clerk of the City
of Diamond Bar, prior to the date and hour set for receipt of same
will not be considered.
27. ALTERING PROPOSALS: The wording of the proposals shall not be
changed. Any additions, conditions, limitations, or provisions
inserted by the bidder will render the proposal irregular and may
cause its rejection.
Erasures of interlineations in the proposal must be explained or
noted over the signature of the bidder.
28. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City
of Diamond Bar reserves the right to accept any bid or reject any
or all bids and to waive any informality of defects in bids
received as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may be
rejected.
Proposals in which a bid item is left totally blank will be
considered as being nonresponsive and automatically rejected.
29. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item
total amount arrived at by multiplying the unit price times the
quantity does not agree with the total amount entered for the item
or if the total amount is note entered, the unit price and the
corrected extension will be considered as representing the bidder's
intentions.
If in a unit price bid item the total amount is entered for the
item but not the unit price) the unit price shall be that which is
derived by dividing the total amount bid for the item by the number
of units in the item.
If the amounts bid on individual items (if called for) do not add
up to the total amount shown, the correctly added total of the
individual items shall prevail over the total amount.
30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to
time, issue addenda to the contract documents during the period of
advertising. The addenda will be sent to the address the purchaser
of the contract documents left with or furnished the City of
Diamond Bar at the time the purchase was made.
Page 13
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41
ITEM DESCRIPTION
NO. QUANTITY WITH UNIT PRICE
IN WORDS
1 Lump Miscellaneous landscaping
Sum in Maintenance District
No. 41 (See attached map)
(Word)
TOTAL ANNUAL PRICE
In words
MONTHLY ANNUAL
PRICE AMOUNT
IN FIGURES
Page 14
In figures
If an individual, so state. If a firm or co -partnership,
state the firm name and give names of all individual co-partners
composing the firm. If a corporation, state legal name of
corporation, also names of President, Secretary, Treasurer, and
Manager thereof.
Business Address
Dated: 19 By:
By:
By:
Contractor's License No.
Contractor's License
Expiration Date
I declare under penalty of perjury of the laws of the
State of California that the representations made herein are true
and correct in accordancejwith the requirements of California
Business and Professions Code Section 7029.15.
Contractor's Authorized Signature
15
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41
Accompanying this proposal is
(insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as
the case amy be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contact, with
necessary bond, within ten (10) days, including Sundays and legal holidays, after having received
notice that the contract has been awarded and is ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
Page 16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1987 1988 1989 1990 TOTAL CURRENTYEAR
1. No. of contracts
2. Total dollar amount of contracts (in thousands of $)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.* No. of lost workdays
'The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries,
Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
I
Name of Bidder (print)
Address
City Zip Code
Page 17
Signature
State Contractors' Lic. No. &
Classification
Telephone
The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows:
Ave.
Avenue
LF
Linear Feet
&
And
LS
Lump Sum
AC
Asphaltic Concrete
Mod.
Modified
Blvd.
Boulevard
MH
Manhole
CAB
Crushed Aggregate Base
I
Number
CB
Catch Basin
No.
Number
Conc.
Concrete
NRCP
Nonreinforced concrete
pipe
Conn.
Connector or Connection
Pvmt.
Pavement
Const.
Construct
Perm. Surf,
Permanent Surfacing
GIP
Cast Iron Pipe
PCC
Portland Cement Cbl
CSP
Corrugated Steel Pipe
RC
Reinforced Concrete
CY
Cubic Yard
RCB
Reinforced Concrete Box
D
D -load of pipe
RCP
Reinforced Concrete Pipe
Dia.
Diameter
Reconn.
Reconnect
Dbl.
Double
Reconst.
Reconstruct
Dwy.
Driveway
Reinf.
Reinforcing or reinforced
EA
Each
Restor.
Restoration
ELC
Eiectrolier Lighting
Resurf.
Resurfacing
Conduit
Excay.
Excavation
Rd.
Road
Ex. or Exist.
Existing
Sched.
Schedule
'
Feet
SD
Storm Drain
Fur. & Pl.
Furnish and place
Sec.
Section
Ga.
Gauge
SF.
Square Feet
Galy.
Galvanized
Spec.
Special
Gr.
Grate
SS
Sanitary Sewer
H
High or height
Sta.
Station
HC
House connection
St.
Street
sewer
Struct.
structure
Improv.
Improvements
Trans.
Transition
it
Inches
TS
Transition Structure
JS
Junction Structure
Var.
Variable
Lb.
Pounds
VCP
Vitrified Clay Pipe
LD
Local Depression
W
Wide or Width
Page 18
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (112) of one percent (11%) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
I
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated Bidder
Signature
Signature
Page 19
NONCOLLUSION AFFIDAVIT
State of California )
ss.
County of )
being first duly sworn,
deposes and says that he or she is
of the party making the foregoing
bid that the bid is not made in the interest of or on 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 other 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 bids 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 date 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.
STATE OF CALIFORNIA
ss.
COUNTY OF
Signature
I
Subscribed and sworn to before me this
, 19
Notary Public in and for the County
of , State of California.
My Commission expires
P411
19
day of
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
land is required by said City to give this bond in connection
with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;.
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Supety and notice of such alterations or
extensions of the contract'is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1991.
PRINCIPAL SURETY
BY: BY:
( SEAL)
21
(SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall note in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this
day of
1991.
PRINCIPAL SURETY
BY• BY•
(SEAL) (SEAL)
22
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (10%) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to
the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on April 30, 1991 for Annual Landscape Maintenance
for Lighting and Landscaping District No. 41 in the City of Diamond
Bar.
NOW THEREFORE, if the aforesaid principal is awarded the contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature,
enters into a written contract, in the prescribed form in
accordance with the bid, and files the two bonds with the City of
Diamond Bar, one to guarantee faithful performance and other to
guarantee payments for labor and materials, as required by law,
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 obligee and judgment is recovered the surety shall
pay all costs incurred by the obligee in such suit, including a
reasonable attorney's fee to be fixed by the court.
23
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1991
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
24
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS! City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment, and material for Maintenance of Lighting & Landscape
Maintenance District No. 41 in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:. .
1. GENERAL SCOPE OF WORK: The work to be done under this
Agreement shall include the furnishing of all labor, material and
equipment necessary for the provision of the landscape and
appurtenant maintenance services as set forth in the specifications
for Lighting & Landscape Maintenance District No. 41 in the City of
Diamond Bar.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were setiforth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
25
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the
contract within ten (10) calendar days from the
date of notice of award of contract. This
agreement shall take effect and commence on July 1,
1991 for a period of twelve (12) months.
b. The City shall have the option to extend this
Agreement up to five (5) additional one (1) year
periods, subject to the same terms and conditions
contained herein; by giving the contractor written
notice of exercise of this option to renew at least
thirty (30) days prior to the expiration of the
initial term of this Agreement, or of any
additional one (1) year extensions.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation. Insurance: Before beginning work, the
Contractor shall furnish to the Engineer a
certificate of insurance as proof that he has taken
out full compensation insurance for all persons
whom he may employ directly or through
subcontractors in carrying out the work specified
herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in
full force and effect during the period covered by
this contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows:
26
"I am aware of the provisions of section 3700 of
the Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any
subcontractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto
($500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,,000 each accident.
6) Automobile Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to by so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy; .
4) Contain a clause substantially in the
following words:
27
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b.. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution
of the contract present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in
accordance with the provisions of California Labor code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not, less than the geperal prevailing rate of per diem wages
for work of a similar character in locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing, rates of per diem wages. copies of such prevailing
rates of per diem wages are on file in the office of the City clerk
of the City of Diamond Bar, Suite 100 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
28
The contractor shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statues of 1939, and in accordance with the
regulations of the California Apprenticeship council, properly
indentured apprentices may e employed in the prosecution of the
work.
Attention is directedtothe provisions in Sections
1777.5 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices journeymen that
will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trRde can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
29
The Contractor is required to make contribution to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set
forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and
its officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to
the work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence' or willful
misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City during the
progress of the work or at any time before its completion and final
acceptance.
30
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising
out of or in connection with the work, operation, or activities of
the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who
are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations, o liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with
such work, operations, or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, its made a party
to any action or proceeding filed or prosecuted
against he Contractor for damages or other claims
arising out of or in connection with the work,
operation, or activities of the contractor
hereunder, the contractor agrees to pay to City any
and all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made
in the employment of persons upon public works because of the race,
color, or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
31
11. CONTRACT PRICE AND PAYMENT: Except where additional
compensation is specifically provided for in this Agreement, City
will pay contractor for his services under this Agreement set forth
in Bid Sheet, one month in arrears, on the last day of the month,
or as soon thereafter as payment is approved by the City Council.
In the event the City exercises its option to extend
the term of this Agreement for one or more of the additional five
Contractor's monthly compensation shall be subject to adjustment at
the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
The Compensation provided herein shall be adjusted
to reflect the increase, if any, in the cost of living during the
previous year by adding to the Contractor's monthly compensation
the amount, if any, obtained by multiplying the Contractor's
compensation as of the adjustment date by the percentage by which
the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -
Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor
Statistics of the United Stated Department of Labor, has increased
over the CPI for the month one year prior to the Index Month. If
the Index is discontinued, the Director's office shall, at its
discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by
City upon the giving of a written "Notice of Termination" to
contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event os such
termination, contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
i
32
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
By:
Title
APPROVED AS TO FORM:
By: Title
City Attorney
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Clerk
Date
Contractor's Business Phone:
Emergency Phone At which
Contractor can be reached at any time:
33
GENERAL PROVISIONS
1. GENERAL CONDITIONS
All work shall be done in accordance with the 1988 Edition and
all supplements of the Standard Specifications for Public
Works Construction, hereinafter referred to as Standard
Specifications, Plans, Standard Construction Drawings and
these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work
Section 2-1. Award and Execution of Contract is amended by the
following•
(a) Examination of Plans, Specifications Special Provisions
and Site of Work: The bidder is required to examine
carefully the site and the proposal, plans,
specifications and contract forms for the work
contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered, including all installations and utilities,
whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the specifications, the special provisions and the
contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that
the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank
forms to be obtained from the City Clerk at City Hall,
21660 E. Copley Dr., Suite 100, Diamond Bar, California.
All proposals must give the prices proposed, both in
writing and figures, and must be signed by the bidder,
and his address shown. If the proposal is made by
individual, his name and post office address must be
shown. If made by a firm or partnership, the name and
post office of each member of the firm or partnership
must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which
the corporation, the proposal must show the name of the
state under the laws of which the corporation was
chartered and the names, titles, and business addresses
of the president, secretary, and treasurer.
G. P. 1
(c) Rejection of Proposals Containing Alterations, Erasures
Irregularities: Proposals may be rejected if they show
any alterations of form additions not called for,
conditional or alternative proposals, incomplete
proposals, erasures, or irregularities of any kind.
(d) Bidder's Guaranty: All proposals shall be presented
under sealed cover and shall be accompanied by cash,
cashier's check or certified check payable to, or
bidder's bond in favor of the City of Diamond Bar in an
amount of said proposal, and no proposal shall be
considered unless such cash, cashier's check, or bidder's
bond in enclosed therewith.
(e) Award of Contract: The award of the contract, if it be
awarded, will be to the lowest responsible bidder.
(f) Return of Bidder's Guarantees: Proposal guarantees will
be held until the contract has been finally executed,
after which they will be returned to the respective
bidders whose proposals they accompany.
Subsection 2-5.1. Plans and Specifications -General, is amended by
the addition of the following:
An addendum to these specifications may be issued by the Engineer
at any time prior to the bid opening.
Subsection 2-9.5. Line and grade is amended by the addition of the
following:
(a) All surveying necessary and adequate for construction
purposes will be done by the City Engineer or as modified
in the Special Provisions.
(b) The Contractor shall give two (2) working days notice, in
writing, when the. services of the City Engineer will be
required for laying out any portion of the work, and he
shall dig all holes necessary for line and grade stakes.
The Contractor shall preserve all stakes set for the
lines, grades or measurements of the work in their proper
places until authorized to remove them by the City
Engineer. Any expenses incurred in replacing said stakes
that the Contractor may have failed to preserve shall be
borne by the Contractor.
(c) Grades for all pipelines will be set on the surface of
the ground and the Contractor shall transfer them to the
bottom of the trench. At no time shall less than three
G. P. 2
(3) consecutive grade points be used in common so that
any variation from a straight grade can be detected. Any
such variation shall be reported to the City Engineer and
in the absence of such report, the Contractor shall be
responsible for any error in the grade of the finished
work.
(d) The Contractor shall preserve all bench marks, stakes and
other survey marks, and incase of their removal or
destruction by his own employees or by his
subcontractor's employees, he shall be liable for the
cost of their replacement.
Section 4. Control of Materials. Subsection 4-1.3 is modified to
delete the requirement for inspection at the source of asphaltic
concrete.
Section 5. Utilities. This section is modified by addition of the
following subsections.
Subsection 5-1. Location. This section is amended by addition of
the following•
The Contractor shall notify Underground Service Alert (USA) at 1-
800-422-4133 two working days prior to the start of any boring or
excavating operations.
The Contractor shall notify the owners of all utilities 48 hours
before start of construction. The utility owners listed may be
contacted as indicated:
Utility owner Identification. Utility owners who may have
facilities which may affect the work are as follows:
General Telephone
1400 E. Phillips Blvd. j
Pomona, California 91766
(714) 865-3307
Southern California Edison company
800 West Cienega
San Dimas, California 91773
(714) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(714) 595-7554
G. P. 3
Southern California Gas Company
Distribution Department
920 S. Stimson Ave.
City of Industry, California 91745
(714) 394-4327
Underground Service Alert
1 (8 00) 422-4133
Subsection 5-2. Protection. The Contractor is hereby alerted to
the existence of all utility lines shown on the plans. The
Contractor shall carefully protect all lines during the course of
construction. The Contractor is cautioned to protect existing
utilities and their appurtenances which may be within the work
area. Particular attention shall be given to water valves.
Subsection 5-4. Relocations. The City of Diamond Bar has water
mains, valves, sprinkler electrical controls, services and meters
within the project area which conflict with the new work. Much of
the modification and/or relocation work will necessarily be done
currently with Contractor's improvement operations. Therefore,
Contractor will necessarily have to work around some City
facilities and closely coordinate with the City.
Section 6. Construction Schedule and Commencement of Work is
amended by the addition of the following•
Prior to commencing construction the contractor shall submit for
approval a construction schedule.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Section 7-2. Labor amendediby the addition of the following•
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Chapter 11 or Part VII, Division 2 of
the Labor Code in accordance with the provisions of Section 1735
thereof.
G. P. 4
Subsection 7-3.1. Contractor's Responsibility for Work.
Until acceptance of the work in writing by the City of Diamond Bar,
the contractor shall have the charge and care of the work site at
all times and shall bear the risk of injury or damage to any part
thereof by the action of the elements or from the any other cause,
whether arising from the execution or from the non execution of
work. The contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the work occasioned by
any of the above causes before final acceptance and shall bear the
expense thereof.
The City of Diamond Bar permits stockpiling of excavation material
and/or construction material only in an authorized location. This
requirement also applies to the location of a material and
equipment yard and a construction office.
All existing improvements (except utilities) which are removed or
damaged during the course of construction of the project shall be
restored to a condition equal to or better than, in all respects,
the existing improvements removed or damaged unless otherwise
specified or noted on the drawings.
Full compensation for conforming to the requirements of this
section shall be included in other items of work performed and no
additional compensation will be allowed.
Subsection 7-4.1 Duration of Contract
The Contractor shall begin work on or before the date of a written
"Notice to Proceed", which shall be not later than 20 calendar days
after execution of contract, and shall complete the entire work
within sixty (60) calendar days.
Subsection 7-10.1. Traffic and Access is amended by addition of the
following•
No, public street, or portion thereof, may be closed to through
traffic as part of this Contract. However, if, in the opinion of
the Engineer, it is in the interest of the City of Diamond Bar to
close the street, the contractor shall close the street as directed
by the Engineer. Full compensation for conforming to the
requirements of this section shall be included in other items of
work performed and no additional compensation will be allowed.
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or
G. P. 5
damage or injury to the public or to give adequate warning to the
public of any dangerous conditions to be encountered. The Caltrans
"Manual of Traffic Controls" shall be used for all traffic control
on this project. Payment for this work shall be included in Bid
items No. 1 (Irrigation System Installation).
Subsection 7-11 SHORING OF EXCAVATIONS
Shoring of excavations is not generally required on this project,
however, the City's Engineer may determine that shoring is required
in portions of the construction area, due to the type of trench
excavation proposed by the contractor.
The City has performed no soil testing to determine precisely what
areas, if any, will require shoring.
Shoring of excavation if required shall be in accordance with the
requirements of Subsection 306-1, as amended, of the Standard
Specifications, and shall meet all requirements of the Construction
Safety Orders of the Department of Industrial Relations, State of
California and of OSHA. Approved protective fencing and
barricading will also be provided by the Contractor as a part of
this item. Prior to the excavation the Contractor shall obtain all
permits required thereby.
The Contractor shall conform to the Section 6424 of the California
State Labor Code regarding shoring and bracing of excavations. Of
special importance in this regard is the following extract from
said section:
"For the excavation of any trenches five feet or more in
depth, the Contractor shall submit for acceptance by the
awarding body, or by a registered civil or structural engineer
employed by the awarding body, to whom authority has been
delegated, in advance of excavation, of a detailed plan
showing the design of shorings, bracing, sloping or other
provisions to be made for worker protection from hazard of
caving ground during, the excavation of such trench or
trenches. If such plan varies from the shoring system
standards established by the Construction Safety Orders, the
plan shall be prepared by a registered civil or structural
engineer".
Full compensation for conforming to the requirements of this
section shall be included in other items of work involved and no
additional compensation will be allowed.
Section 9. Measurement and Payment
G. P. 6
Subsection 9-3 is modified by addition of the following paragraphs•
The Contractor agrees that the payment of the amount under the
contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to
a monthly progress payment in an amount equal to ninety percent
(900) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments, provided that in all events the City
shall withhold no less than ten percent (10%) of the contract price
until final completion and acceptance of the work. The Contractor
may substitute in lieu of cash retention.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the contract, nor
shall it in any way govern the final estimate.
Final Payments. After the completion of the contract, the Engineer
shall make a final inspection of the work done thereunder, and if
entirely satisfactory and complete, the City shall pay the
Contractor an amount which, when added to the payments previously
made and deductions allowable to the City, will equal ninety
percent (900) of the contract price. Thereafter the balance of the
contract price remaining unpaid shall be paid 35 calendar days
after the recording of a Notice of Completion by the City. The
payment of the final amount due under the contract and the
adjustment and payment for any work done in accordance with any
alterations of the same shall release the City form any and all
claims on account of the work performed under the contract or any
alterations thereof.
G. P. 7
SPECIFICATIONS FOR THE PROVISION OF
LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR
SPECIAL LANDSCAPE MAINTENANCE DISTRICTS
1. SCOPE OF THE WORK AND CONTRACT
1.01 The Work to be done under these specifications shall
include the furnishing of all labor, material and equipment necessary
for the provision of landscape and appurtenant maintenance services
asset forth in these specifications including the exhibits attached
hereto within the boundaries of the special Districts and as said
boundaries may have been heretofore or may be hereafter altered.
1.02 The foregoing work shall be done in a thorough and
workmanlike manner under the direction and to the satisfaction of the
Director of the Parks and Maintenance Department. The premises shall be
maintained at the level of service provided for in these specifications
at all times.
1.03 The Contractor shall have the exclusive duty, right and
privilege to mow, edge, trim, overseed, reseed, fertilize, aerate,
irrigate, hand water and bleed valves as necessary during emergencies
when automatic systems are not functioning, prune, trim, and renovate
turf and shrub areas designated hereunder, as well as to provide weed
control, disease control, tree maintenance within the District,
maintenance of sprinkler systems including backflow prevention devices,
repair of walkways, pumps; and the necessary maintenance of any
appurtenant structures and equipment.
1.04 In return for the exclusiveness of said Contract and the
other considerations provided for herein, the Contractor agrees to
provide the landscape and appurtenant maintenance services within said
District without any further compensation except as otherwise
specifically provided for in the contract and/or specifications.
1.05 The Contractor shall not work or perform any operations,
particularly during periods of inclement weather, which may destroy or
damage plant, groundcover or turf areas.
1.06 The Contractor shall, during the specified hours and days
of operation, respond to all emergencies within two (2) hours of
notification.
1.07 The Contractor shall perform a maintenance inspection
weekly during daylight hours of all areas within the premises. Such
inspection shall be both visual and operational. It, shall include
operation of all irrigation, lighting and other mechanical systems to
check for proper condition and reliability.
-1.08 The term Director as used .in these specifications shall
mean Director of the Parks and Maintenance or his authorized representa-
tive(s).
epresenta-
Live(s).
2. AREAS TO BE MAINTAINED
2.01 There are medians, parkway panels, cul-de-sac islands,
village greens, adjacent roadway slopes, open space lots, linear
greenbelts, paseos, fire protection slope areas, gate entry areas, creek
beds, semi -natural, and natural areas with turf, plants, trees, and
SP1
ground cover which are irrigated by manual and/or an electrically
controlled automatic systems.
2.02 An identification of the areas to be maintained is
provided in Exhibit A attached to these specifications.
2.03 The bidder, before submitting his bid, shall visit all
existing areas to be maintained and inform himself fully as to all
conditions that might affect the work specified. Said inspection of
these areas in the company of City representatives will be required as
a condition of submitting a bid and all bidders must attend the bidders'
conference which will be held on the site on the day of the walk-through
inspection.
2.04 Estimated square footages by district are provided for
all areas to be maintained on the attached Exhibit A. However, it is
the responsibility of the Contractor to verify by inspection and to
observe the various slope characteristics.
3. CERTIFICATIONS/REPORTS
3.01 Certification
Contractor shall complete the attached Landscape
Maintenance certification form designated Exhibit B and shall submit
same to Director concurrent with the monthly invoicing. The monthly
payment to the Contractor will not be made until such report has been
received by the Director.
3.02 In addition, when applicable, Contractor shall submit
with the monthly invoice and Landscape Maintenance certification form,
a report indicating, for those specialty type maintenance operations
completed, the quantity and complete description of all commercial and
organic fertilizer(s), grass seed and soil amendments used and a valid
licensed California Pest Control Advisor's recommendation and copies of
corresponding pesticide use report signed by a licensed California Pest
Control Operator for all chemical disease and pest control work
performed.
3.03 Maintenance Function Report
Contractor shall maintain and keep current a report form
that records all On -Going, Seasonal, and Additional Work, maintenance
functions performed on a daily basis, by Contractor's personnel. Said
report shall be in a form and content acceptable to the Director and
shall be submitted to Director concurrent with the monthly invoicing.
The monthly payment will not be made until such report is received by
the Director.
4. ADDITIONAL WORK
4.01 The Director may at his discretion authorize the
Contractor to perform additional work, in accordance with the provisions
of the contract including but not limited to, repairs and replacements
when the need for such work arises out of extraordinary incidents such
as vandalism, Acts of God, and third party negligence; or improvements
in order to add new, modify existing or to refurbish existing
landscaping and irrigation systems as provided for in the contract
authorizing the provision of those services.
SP2
4.02 Prior to performing any additional work, the Contractor
shall prepare and submit a written description of the work with an
estimate of labor and materials. No work shall commence without the
written authorization from the Director. Not withstanding the above
authorization, when a condition exists wherein there is imminent danger
of injury to the public or damage to property, the Director may verbally
authorize the work to be performed upon receiving a verbal estimate from
the Contractor. However, within twenty-four (24) hours after receiving
a verbal authorization, the Contractor shall submit a written estimate
to the Director for approval.
4.03 All additional work shall commence on the specified date
established and Contractor shall proceed diligently to complete said
work within the time allotted.
5. CONTRACTORIS LIABILITY
5.01 All damages incurred to existing improvements located
within areas under maintenance which in the City's opinion are due to
the Contractor's operation shall be repaired or replaced at the
Contractor's expense.
5.02 All such repairs or replacements shall be completed
within the following time limits.
a. Irrigation damage shall be repaired or replaced
within one watering cycle.
b. All damages to shrubs, trees, turf or groundcover
shall be repaired or replaced within five (5) working days.
5.03 All repairs and/or replacements shall be completed in
accordance with the following maintenance practices.
a. Trees Minor damage such as bark lost from impact
of mowing equipment shall be remedied by a qualified tree surgeon or
arborist.
If damage results in loss of a tree, the
damaged tree shall be removed and replaced to comply with the specific
instructions of Director.
b. Shrubs - Minor damage may be corrected by
appropriate pruning.
- Major damage shall be corrected by removal
of the damaged shrub and rgplacement to comply with the provisions in
Section 18 of these Specifications.
C. Chemicals - All damage resulting from chemical
operation, either spray -drift or lateral -leaching, shall be corrected in
accordance with the aforementioned maintenance practices and the soil
conditioned to insure its ability to support plant life.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise the Director will
interpret the Agreement. If the Contractor disagrees with the
interpretation of the Director, he shall continue with the work in
accordance with the Director's interpretation. Within thirty (30) days
after receipt of the interpretation, he may file a written request for
a hearing before a Disputes Review Panel as provided herein. The
SP3
written request shall outline in detail the area of dispute.
6.02 The Disputes Review Panel will be appointed by the
Director and will be composed of not less than three Non -City personnel
having experience in the administration of Landscape maintenance
contracts. The panel will convene within one (1) week of appointment in
order to hear all matters related to the dispute. The hearing will be
informal and formal rules of evidence will not apply. The Panel will
submit its recommendation to the Director, for his consideration, within
one (1) week following the conclusion of the hearing. The Director
shall render an interpretation based upon his review of the Panel's
recommendation. The Director's decision shall be final.
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed
place and shall maintain a telephone thereat, listed in the telephone
directory in his own name or in the firm name by which he is most
commonly known, and shall, at all times, have some responsible
person(s), employed by the Contractor, to take the necessary action
regarding all inquiries and complaints that may be received from
property owners and tenants within said District or from the Director.
This person(s) shall be reachable 24 hours per day. An answering
service shall be considered an acceptable substitute to full time
coverage, provided Contractor is advised of the complaint within one (1)
hour of receipt of complaint by the answering service. The telephone of
said Contractor shall be on the exchange or exchanges of said
District(s) or a toll-free number, and in no case shall the people of
said District(s) be required to pay a toll charge to telephone said
Contractor. During normal working hours, the Contractor's Foreman or
employee of the Contractor, who is responsible for providing maintenance
services shall be available for notification through radio communica-
tion.
7.02 Whenever immediate action is required to prevent
impending injury, death or property damage to the facilities being
maintained, City may, after reasonable attempt to notify the Contractor
cause such action to be taken by the City work force and shall charge
the cost thereof as determined by the Director, against the Contractor,
or may deduct such cost from any amount due to Contractor from City.
7.03 The Contractor shall maintain a written log of all
complaints, the date and time thereof and the action taken pursuant
thereto or the reason for non -action. The log of complaints shall be
open to the inspection of the Director at all reasonable times.
7.04 All complaints shall be abated as soon as possible after
notification; but in all cases within 24 hours, to the satisfaction of
the Director. If any complaint is not abated within 24 hours, the
Director shall be notified immediately of the reason for not abating the
complaint followed by a written report to the Director within five (5)
days. If the complaints are not abated within the time specified or to
the satisfaction of the Director, the Director may correct the specific
complaint and the total cost incurred by the City will be deducted and
forfeit from the payments owing to the Contractor from the City.
SP4
8. SAFETY
8.01 Contractor agrees to perform all work outlined in these
specifications in such a manner as to meet all accepted standards for
safe practices during the maintenance operation and to safely maintain
equipment, machines, and materials or other hazards consequential or
related to the work; and agrees additionally to accept the sole
responsibility for complying with all local, County, State or other
legal requirements including but not limited to, full compliance with
the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at
all times so as to protect all persons, including Contractor's
employees, agents of the City, vendors, members of the public or others
from foreseeable injury, or damage to their property. Contractor shall
inspect all potential hazards at said areas under maintenance and keep
a log indicating date inspected and action taken.
8.02 It shall be the Contractor's responsibility to inspect,
and identify, any condition(s) that renders any portion of the areas
under maintenance unsafe, as well as any unsafe practices occurring
thereon. The Director shall be notified immediately of any unsafe
condition that requires major correction. Contractor shall be
responsible for making minor corrections including but not limited to
filling holes in turf areas and paving, replacing valve box covers, and
securing play apparatus if any so as to protect members of the public or
others from injury. Contractor shall cooperate fully with City in the
investigation of any accidental injury or death occurring on the
premises, including a complete written report thereof to the Director
within five (5) days following the occurrence.
9. HOURS AND DAYS OF MAINTENANCE SERVICE
9.01 Hours of maintenance service shall be either 6:00 a,,im. to
2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be
provided for a Special District pursuant to the work schedule approved
in advance by the Director.
9.02 Contractor shall provide on-site staffing at the
prescribed hours five (5) days per week, Monday through Friday at the
Special Districts indicated on the work schedules approved in advance by
the Director. Any changes in the days and hours of operation heretofore
prescribed shall be subject to prior written approval by the Director.
9.03 Per State of California Labor Code, Contractor is
directed to the following prescribed requirement with respect to the
hours of employment. Eight (8) hours of labor under this Agreement
shall constitute a legal day's work and said Contractor shall not
require or permit any laborer, worker or mechanic, or any subcontractor
employed by him to perform any of the work described herein to labor
more than eight (8) hours during any one day or more than forty (40)
hours during any one calendar week, except as authorized by Labor Code
Section 1815, under penalty of paying to the City the sum of Twenty-
five Dollars ($25.00) for each laborer, worker or mechanic employed in
the execution of said Agreement by him, or any subcontractor under him,
upon any of the work included in said Agreement for each calendar day
during which such laborer, worker or mechanic is required or permitted
to labor more than eight (8) hours in any one calendar day or forty
SP5
(40) hours in any one calendar week, in violation of the provision of
Section 1811 to 1815, inclusive, of the Labor Code of the State of
California.
10. MAINTENANCE SCHEDULES
10.01 Contractor shall provide a work schedule for the
Districts to be maintained which shall be submitted to the Director
within ten (10) days after the effective date of this Agreement for his
approval.
10.02 The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance. Said
revisions shall be submitted to the Director within five (5) working
days prior to scheduled time for the work.
10.03 The above provisions are not construed to eliminate the
Contractor's responsibility in complying with the requirement to notify
the Director for Specialty Type maintenance as set forth immediately
hereinafter.
10.04 Contractor shall notify the Director, in writing, at
least two (2) weeks prior to the date and time of all "Specialty Type"
maintenance operations. "Specialty Type" operations are defined as:
a. Fertilization
b. Turf aerification
C. Turf renovation/verticutting
d. Turf reseeding
e. Spraying of trees, shrubs or turf
e. Other items as determined by the Director
Said "Specialty Type" maintenance services shall be performed in compliance
with the specialized maintenance program (Exhibit C) attached hereto.
Failure to complete special services in accord with the schedules set forth
on Exhibit C will result in the Contractor becoming liable to the City for
liquidated damages ($100 per day) without written notice commencing
automatically upon the first day following the final date such work was to be
completed.
11. CONTRACTOR'S STAFF
11.01 The Contractor shall provide sufficient personnel to
perform all work in accordance with the specifications set forth herein.
All of the Contractor's maintenance personnel shall be supervised by a
qualified, English speaking, Foreman in the employ of the Contractor.
11.02 Contractor shall transfer or discharge any employee whose
conduct or activity shall, in the reasonable exercise of discretion by
the Director, be deemed detrimental to the interest of the public
patronizing the premises. Contractor shall transfer or discharge any
such person within a reasonable time following notice therefor from the
Director and such person shall not be employed at any other City
District area of maintenance contracted for and maintained by, the
Contractor.
SP6
11.03 Director may require the Contractor to establish
an identification system for personnel assigned to an area of
maintenance which clearly indicates to the public the name of the
Contractor responsible for the landscape and appurtenant maintenance
services. The identification system shall be furnished at the
Contractor's expense and may include appropriate attire and/or name
badges as specified by the Director.
11.04 The Contractor shall require each of his employees to
adhere to basic public works standards of working attire. These are
basically; uniforms, proper shoes and other gear required by State
Safety Regulations, and proper wearing of the clothing. Shirt, shall be
worn at all times and buttoned.
12. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter
upon the areas under maintenance or improvements thereon, unless prior
written approval therefor is obtained from the Director.
13. UTILITIES
13.01 The City shall pay for all utilities. However, water
usage shall not exceed amount required to comply with irrigation
schedules established by the Contractor and approved by the Director.
Contractor shall pay for all excessive utility usage due to Contractor's
failure to monitor irrigation system malfunctions or unauthorized
increases in the frequency of irrigation. The excess cost will be
determined by comparing current usage with historical usage for the same
time period. The excess cost factor, to be deducted from payments to
Contractor from City will be presented to the Contractor by the Director
prior to actual deduction to allow for explanations.
14. NON-INTERFERENCE
14.01 Contractor shall not interfere with the public use of the
premises and shall conduct its operations as to offer the least possible
obstruction and inconvenience to the public or disruption to the peace
and quiet of the area within which the services are performed.
15. STORAGE FACILITIES
15.01 City shall not provide any storage facilities for the
Contractor.
16. TURF CARE
16.01 The Contractor shall perform at his sole expense the
following services:
a. Mowing. Turf to be mowed with an adequately
SP7
sharpened rotary or reel type mower, equipped with rollers, to ensure a
smooth surface appearance without scalping. All warm season grasses
(Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth
throughout the year. All cool season grasses (Blue Grass and Fescues)
to be cut at 2k inches during April through November and at 2 inches
during December to March of each year. The mowing heighths will be
adjusted by the Director during periods of renovation. All grass
clippings will be collected and removed from the site on the same day
the area is mowed. A mowing schedule will be established and main-
tained. This schedule will provide that all areas will be mowed not
less than once a week during the warm season of April to November and
once every two weeks during the cool season of December to March. This
schedule will be submitted to the Director for approval.
b. Edging. With each cutting, the edge of the grass
along sidewalks, curbs, shrub and flower beds, and walls shall be
trimmed to a neat and uniform line. Where trees and shrubs occur in
turf areas, all grass shall be removed 6 inches from the trunks of trees
and away from the drip line of shrubs by use of nower q(-.vthP- nnnrnvorl
chemicals, or small mowers as required. Trim around all sprinkler heads
as necessary in order to provide maximum water coverage. Edging will be
done concurrent with each mowing. The edge of the turf shall be trimmed
around value boxes, meter boxes, backflow devices or any structures
located within the turf areas. All turf edges are to be maintained to
prevent grass invasion into adjacent shrub, flower, and ground cover bed
areas. All clippings shall be removed from site the same day area is
edged. After mowing and edging is completed all adjacent walkways are
to be swept clean by power blower.
C. Weed Control. Control turf weeds as needed and in
accordance with the specialized maintenance program (Exhibit C). Hand
removal of noxious weeds or grasses will be required as necessary.
d. Insect/Disease Control. Eliminate all insect or
disease affecting turf areas as they occur.
e. Aerating. Aerate all turf areas four (4) times
annually in accordance with the specialized maintenance program (Exhibit
C). Aerate all turf by using z inch tines removing 2 -inch cores of sod
with an aerator machine at not more than 6 -inch spacing once over.
Director is to be notified at least two (2) weeks prior to the exact
date of aerating.
f. Thatch Removal. Renovate all warm season grasses to
the soil line and verticut all cool season grasses once annually prior
to the overseeding operation to be performed in the fall of each year.
Equipment will consist of standard renovating or vertical mowing types.
Director is to be notified at least two (2) weeks prior to the exact
date of renovation..
g. Irrigation. Irrigation, including hand watering and
bleeding of valves during an emergency situation, as required to
maintain adequate growth rate and appearance and in accordance with a
schedule most conducive to plant growth. Contractor to provide Director
with monthly written irrigation schedule on form provided for this
purpose. Director shall have the ability to change the irrigation
schedule as the need develops. Adequate soil moisture will be
determined by programming the automatic sprinkler controllers as
follows:
SP8
(1) Consideration must be given to the soil
conditions, seasonal temperatures, wind conditions, humidity, minimizing
runoff and the relationship of conditions which affect day and night
watering. This may include daytime watering during winter weather to
prevent icy conditions and manual operation of the irrigation system
during periods of windy or inclement weather. During freezing and/or
windy conditions, automatic irrigation will be discontinued.
(2) In areas where wind creates problems of
spraying water onto private property or road rights-of-way, the
controllers shall be set to operate during the period of lowest wind
velocity which would normally occur at night (between the hours of 7:00
p.m. and 6:00 a.m.).
(3) The Contractor shall be responsible for
monitoring all systems within the jurisdiction of this specification and
correct for: coverage, adjustment, clogging of lines, and removal of
obstacles, including plant materials which obstruct the spray.
(4 ) Check systems daily and adjust and/or repair
any sprinkler heads causing excessive runoff, including slope areas, or
which throw directly onto roadway paving or walks (where sprinkler heads
can be adjusted) within the District.
(5) All controllers shall be adjusted on a weekly
basis considering the water requirements of each remote control valve
(sprinkler station).
(6) Irrigation system will be controlled by
Contractor in such a way as not to cause an excessively wet area which
could interfere with the Contractor's ability to mow all turf.
(7) The Contractor shall observe and note any
deficiencies occurring from the original design and review these
findings with the Director, so necessary improvements can be considered.
(8) Contractor shall repair all leaking or
defective valves immediately upon occurrence, or within twenty-four (24)
hours following notification from the Director of such a deficiency.
(9) A soil probe shall be used to a depth of twelve
(12) inches to determine the water penetration by random testing of the
root zones.
(10) Contractor shall file a monthly statement with
the Department of Parks and Maintenance certifying that all irrigation
systems are functioning properly and provide a monthly irrigation
schedule for the succeeding month.
(11) Contractor shall also be required to file a
yearly certification with the Department of Health Services that all
backflow prevention devices on the irrigation systems are operating in
accordance with the requirements established by the Los Angeles County
Health Services Department. It will be the responsibility of the
Contractor to repair and replace when necessary subject to the
provisions of Section 21 hereunder all backflow prevention devices at
his sole expense. Said certification shall be completed within thirty
(30) days upon notification from the Department of Health Services that
said certifications are due.
h. Fertilization. Turf shall be fertilized with a balanced
type commercial fertilizer twice (2) a year during the months of May
and September. All fertilizer used shall be inorganic and granular.
"IR
Rate for each application shall be one (1) pound of actual available
nitrogen per 1,000 square feet of a balanced type commercial fertilizer.
The balanced fertilizer shall be approved by the Director and shall be
of a 4-1-2 ratio. In addition to the balanced type commercial fertili-
zation, the Contractor shall fertilize all turf areas with ammonium
sulphate during March, April, and July of each calendar year at a rate
of one (1) pound of actual available nitrogen per 1,000 square feet and
with calcium or ammonium nitrate during November, December, and January
of each calendar year at a rate of one (1) pound of actual available
nitrogen per 1,000 square feet. All turf areas fertilized shall be
thoroughly soaked immediately following fertilization.'
i. Turf Reseeding. Contractor shall once each year in fall,
overseed all turf after aerification and overseed all bare spots as
needed throughout the remainder of the year to reestablish turf to an
acceptable quality. When Contractor reseeds turf he will aerify,
renovate or verticut, seed and mulch (spread evenly over the entire area
to a uniform depth of 1/4 inch) in this sequence. The Director may
require the use of sod when deemed necessary. Contractor shall be
entitled to additional compensation for the cost of the sod only
provided loss of turf was not due to the negligence of the Contractor.
Overseeding shall be sown at a rate of five (5) pounds per 1,000 square
feet and reseeding of bare areas shall be sown at a rate of eight (8)
pounds per 1,000 square feet. The following seed specifications shall
be used for all overseeding and reseeding.
Name
Newport Blue Grass
Lolium Perenne 'Pennfine' Rye
Pennant Rye
Derby Rye
17. SHRUB AND GROUND COVER CARE
Proportion
By Weight
Purity
Germination
20%
95%
90%
26 1/3%
95%
850
26 1/3%
95%
85%
26 1/3%
95%
85%
17.01 The Contractor shall perform at his sole expense the
following services:
a. Pruning. Prune shrubbery during the month of
January through March to encourage healthy growth habits and for shape
and appearance with the exception of roses which shall be pruned no
later than January. All shrubs shall be free of dead wood, weak,
diseased, insect infested and damaged limbs at all times. Remove all
clippings the same day shrubbery is pruned.
b. Trimming. Restrict growth of shrubbery and ground
covers to area behind curbs and walkways, and within planter beds by
trimming, as necessary, or upon written notice by the Director.
C. Renovation. Renovate ground covers according to
prescribed practices in the industry as needed to maintain a healthy
vigorous appearance and growth rate.
d. Disease and Insect Control. Maintain free of
disease and insects and treat when needed pursuant to section 20.
SP10
e. Weed Control. All ground cover and shrub beds are
to be kept weed free at all times. Methods for control can incorporate
one or all three of the following:
(1) Hand removal.
(2) Cultivation.
(3) Chemical eradication.
f. Fertilization. Apply fertilizer at least two (2)
times per year (during the months of March and April, and September and
October) to provide a healthy color in all plants with foliar feedings
if applicable. Contractor will cultivate around plants where needed.
Fertilizer should be a balanced inorganic 10-6-4 ratio with trace
elements. The Contractor shall provide the Director with a fertiliza-
tion schedule, with two (2) weeks notification prior to the proposed
fertilization.
g. Irrigation. Irrigate including hand watering and
bleeding of valves in emergency situations where automatic systems are
not functioning as required to maintain adequate growth rate and
appearance. Section 16, Paragraph 9, concerning irrigation practices
shall apply to shrubs and ground covers.
h. Shrub and Ground Cover Replacement. All damaged,
diseased (untreatable) or dead shrubs and ground covers will be replaced
with the exact same material that existed and of similar size as
required by the Director unless otherwise notified by the Director in
writing. Substitutions for any plant materials must have prior approval
in writing by the Director. Original plans and specifications should be
consulted to determine correct identification of species. All shrubs
shall be guaranteed to live and remain in healthy condition for no less
than six (6) months from the date of acceptance of the job by the
Director.
18. TREE CARE
18.01 The Contractor at his sole expense shall perform the
following services:
a. Tree Maintenance:
(1) Contractor shall be responsible for the
pruning, shaping and removal of trees under 15' in height. The
Contractor shall inform the Manager's office of any damaged or diseased
trees or any trees that pose a threat to adjacent concrete, walls or
property.
(2 ) All trees shall be maintained free of all dead,
diseased and damaged branches back to the point of breaking. Cuts must
be made flush with the parent limb or trunk to promote proper healing.
Any cuts exceeding one and one-half (11-,,) inch will be treated with a
wound dressing. All sucker growth is to be removed from trees as it
occurs
(3) Maintain seven (7) foot clearance for branches
overhanging walks and fourteen (14) foot clearance for branches
overhanging beyond curb line into the paved section of streets where
applicable.
(4) Control insects and diseases as needed pursuant
to the provisions of section 19 and Exhibit C.
SP11
(5) Stake and support all replacement trees and
replace stakes which have been broken or damaged on existing trees as
required.
(a) Tree stakes shall be pentachloraphenol
treated lodge pole pine not less than eight (8) feet in length for five
(5) gallon size trees and not less than ten (10) feet for fifteen (15)
gallon trees sizes (two (2) per tree).
(b) Guy wires where required and plant ties
will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per
tree) .
(c) Hose for covering wire to be either new or
used garden hose at least one-half (2) inch in diameter those ties
should allow for minimum of three (3) additional inches of clearance
beyond the diameter of the branch or trunk being secured).
(d) Stakes will not be placed closer than
eight (8) inches from trunk of the tree.
(e) Stakes and ties will be placed so no
chafing of bark occurs and shall be checked frequently and retied to
prevent girdling.
b. Fertilization. Apply fertilizer within dripline at
least once per year (during the months of March or April) to provide a
healthy color in all plants. Fertilizer should be a balanced inorganic
10-6-4 ratio with trace elements. The Contractor shall provide the
Director with two (2) weeks notification prior to the fertilizer
application.
C. Irrigation. Irrigation will be programmed in
conjunction with automatic controllers or manual control valves
servicing turf or ground cover and shrub areas in accordance with the
requirements of Section 16, Paragraph 9.
d. Permits. If a permit is required for tree pruning,
City Department of Parks and Maintenance will obtain permit prior to
commencement of work by Contractor.
e. Tree Replacement. All trees permanently damaged by
any means will be replaced as provided for under Sections 6 or 24 with
the identical species of tree existing previously, unless 'otherwise
notified in writing by the Director. The need for and the size o,
replacement will be determined by the Director at the monthly
maintenance inspection meeting or upon written notification. Size of
the replacement shall be of a like size not to exceed a 24 -inch box
specimen container size. Substitutions will require prior written
approval by the Director. Original plans and specifications should be
consulted to insure correct identification of species.
f. Olive Tree Spraying. Ornamental olive trees shall
be sprayed to prevent fruit set by use of "Maintain." Two applications
shall be required 7-10 days apart. The first application shall be
applied when 1/2 to 3/4 of the olive blooms are open (sometime between
April 1 and May 10). Both spray applications shall be put on using a
power sprayer with a minimum of 150 p.s.i. pressure.
19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL
19.01 The Contractor shall perform at his sole expense the
following services:
SP12
a. Chemical Application. All work involving the use of
chemicals will be accomplished by a State of California licensed pest
control operator. A written recommendation by a person possessing a
valid California Pest Control Advisor License is required prior
to chemical application.
b. Permits. All chemicals requiring a special permit
for use must be registered by the Contractor with the County Agricul-
tural Commissioner Office and a permit obtained with a copy to the City
Department of Parks and Maintenance prior to use. A copy of all forms
submitted to the County Agricultural Commissioner shall be given to the
Director on a timely basis.
C. Compliance with Regulations. All regulations and
safety precautions listed in the "Pesticide Information and Safety
Manual" published by the University of California will be adhered to.
d. Pest Control. Control of ground squirrels, gophers,
and other burrowing rodents by trapping and/or eradication will be
provided by the District. Whenever holes are visible upon the surface,
these holes shall be filled and securely tamped by contractor to avoid
moisture runoff entering the holes. This procedure shall be followed in
all areas especially within all slope areas.
20. GENERAL CLEAN-UP
20.01 The Contractor shall perform at his sole expense the
following services:
a. Trash Removal. Remove all trash and accumulated
debris from site.
b. Policing of Areas. All areas under maintenance and
other designated areas will have above identified trash removed Mondays,
Wednesdays and Fridays of each week throughout the year.
C. Concrete/Asphalt Median Strip Maintenance.
Contractor is responsible for weed and grass removal within concrete
asphalt or
strip areas, if any at all times.
d. Curb and Gutter Maintenance. Contractor is
responsible for removal of weeds and grass from curb and gutter
expansion joints at all times.
e. Walkway Maintenance. Walkways, if any, will be
cleaned immediately following mowing and edging and cleaned by use of
power sweeping or blower equipment not less than once per week. This
includes removal of all foreign objects from surfaces such as gum, dog
feces, grease, paint, graffiti, etc. All walkway cracks and expansion
joints shall be maintained weed and grass free at all times.
f. Drain Maintenance. All drains and catch basins
shall be free of siltation and debris at all times.
g. Removal of Leaves. Accumulations of leaves shall be
removed from all areas not less than once'per week.
21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR
21.01 All irrigation systems within the District areas
designated in this specification will be repaired and maintained as
SP13
required for operation, by the Contractor at his sole expense in the
following manner:
a. Scope of Responsibility. The Contractor shall
maintain (repair or replace as needed) and keep operable all irrigation
equipment consisting of sprinkler heads, valves, lines, quick couplers,
risers, automatic controllers, batteries, and backflow prevention
devices. This paragraph does not require the' Contractor to make a
complete piping replacement of the system.
b. Replacement Requirements. Replacements will be of
original materials or substitutes approved by the Director in writing
prior to any installation.
C. Extent of Responsibility. The Contractor will be
responsible for immediate maintenance (repair or replacement) of all
irrigation systems. Contractor will be responsible at all times for
hand watering and the bleeding of valves in emergency situations as
required to sustain and prevent loss of turf, trees, plants, and ground
covers when automatic systems are not functioning. The replacement
Section 21 requires to be provided by the Contractor shall be the normal
deterioration, wear and tear, or negligence upon the part of the
Contractor. The replacement required by Section 21 caused by extra-
ordinary incidents of vandalism, acts of God, and third party negligence
will be accomplished by the Contractor pursuant to the provisions of
Section 23 of this Specification. However, the District(s) will
continue the program of reimbursing the Contractor for the replacement
with a new diaphragm valve of any piston type valve deemed to be
unrepairable by the Director. However, the Contractor will be
reimbursed only for the wholesale cost of the new diaphragm valve
including sales tax plus 15% for overhead and profit (not for the labor
to install).
d. Ordinances. All materials and workmanship will be
in accordance with applicable City or County Plumbing Ordinances. Where
the provisions of the specifications exceed such requirements, the
specifications shall govern.
22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS,
CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS
22.01 Walkways and Service Roads. All walkways and service
roads, if any, shall be maintained by the Contractor so as to keep the
integrity of the walking or driving surface in a safe, unimpaired
condition. The Contractor shall be entitled to additional compensation
for maintaining walkways and service roads in the following manner:
a. Broken corners will be removed and repaired as
required.
b. Broken curbs or headers adjacent to or part of
roadways or walkways will be repaired or replaced.
C. Contractor will not be responsible for total
replacement of roadways or walkways as a result of normal deterioration,
but will be required to replace all improvements damaged by his
negligence .
22.02 Drainage Systems. The following services shall be
provided by the Contractor at his expense except as otherwise.provided
for:
SP14
a. All surface drains ("V" ditches), if any, shall be
kept clear of debris so that water will have an unimpeded passage to its
outlet. Contractor will repair or replace concrete portions as
necessary for which the Contractor will receive additional compensation.
b. All sub -surface drains (except storm drains), if
any, shall be periodically flushed with water to avoid build-up of silt
and debris. All inlets to sub -surface drains shall be kept clear of
leaves, paper and other debris to ensure unimpeded passage of water.
Contractor shall replace all broken or stolen sections of pipe, catch
basin boxes and grates, for which additional compensation shall be
authorized.
22.03 Miscellaneous Improvements. It will be the responsibi-
lity of the Contractor to repair or replace miscellaneous improvements
such as signs and mowing strips, and any other structural improvements
within the District unless otherwise specified. Contractor shall be
entitled to additional compensation for these services.
23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS
23.01 Contractor shall be responsible for performing
maintenance, repairs and replacements, when the need for such work
arises out of extraordinary incidents such as vandalism, Acts of God,
and Third party negligence in accordance with the provisions of this
Section The Contractor shall replace as the result of any of the
extraordinary incidents described in this Section (1) damaged, diseased
(untreatable) or dead shrubs, ground cover and trees in accordance with
Sections 17 and 18 and (2) inoperable irrigation equipment described in
Section 21. The Contractor shall submit a written estimate of the cost
for performing such work. The Director may, upon review and approval of
such estimate, authorize the Contractor to perform said work by the
issuance of a written Work Order. After submittal of the bill, the
Contractor shall be reimbursed only for the agreed upon cost estimate.
Allowable elements of cost for (1) the replacement of shrubs, ground
cover, and trees shall be their wholesale cost including sales tax and
cost of labor plus a factor of 15 percent (150) for overhead and profit
and (2) the replacement of Irrigation Equipment as defined in Section 19
of these Specifications shall be only the wholesale cost of equipment
including sales tax (no reimbursement for Contractor's cost of labor)
plus a factor of 15 percent'(150) for overhead and profit. In the event
the Contractor's written estimate is not approved, then the Director
reserves the right to contract with a third party to perform such work.
24. MAINTENANCE INSPECTIONS
24.01 The Contractor shall:
a. Weekly perform a maintenance inspection during
daylight hours of all facilities within the District. Such inspection
hall be both visual and operational. The operational inspection shall
include operation of all sprinkler, lighting and other technical systems
to check for proper operational condition and reliability.
SP15
b. Monthly meet on site with an authorized
representative of'the Director for a walk-through inspection. Said
meeting shall be at the convenience of the Director and may include
residents of the community. The Director shall notify the appropriate
local representatives of the time and place of each walk-through
inspection at least one (1) week prior to such inspection. In addition,
weekly interim inspections may be made by the Director. Any corrective
work required as a result of a monthly inspection or any interim
inspection by the Director shall be accomplished to the satisfaction of
the Director within three (3) days of the notification of deficiencies,
except in the case of a leaking valve which must be repaired within 24
hours following notification.
25. PLAYGROUND EQUIPMENT MAINTENANCE
25.01 All playground sites and equipment shall be inspected at
the start of each work day and sand cleaned and raked level to remove
any foreign and hazardous material and neatly groomed.
25.02 Special attention shall be made to low sand areas, around
play equipment. These sand areas shall be leveled by distributing sand
from high areas to low areas.
25.03 All sand play areas shall be maintained free of litter,
cans, pop tops, broken glass and other debris.
25.04 All playground sites and equipment shall be checked daily
Monday through Friday throughout the year and Contractor shall clean and
remove litter from sand areas daily, Monday through Friday throughout
the year. Any unsafe condition of play equipment shall be corrected
and/or reported pursuant to Section 8 of these specifications.
25.05 By the 10th of each month, all sand areas shall be
rototilled to the maximum depth that will allow complete loosening of
the sand but will not cause lower base materials to be mixed in with the
sand. After totalling, all areas shall be raked level.
26. FIRE PROTECTION SLOPE AREAS MAINTENANCE
26.01 These slope areas are hillside areas and are designed to
meet Los Angeles County Ordinances for fire retardation. These areas
generally occur in sloping terrain with gradients ranging 10 percent to
100 percent. Slopes are either manufactured or natural. The natural
slopes have been brushed to remove certain plant materials. Manufac-
tured slopes have been hydromulched in accordance with applicable County
ordinances. Use of these areas by the residents should be minimal.
26.02 The maintenance of the natural slopes requires that the
weeds and native brush be clipped to a height of 2 to 4 inches for a
distance of at least 100 feet from a dwelling or structure. Also, dead
wood from woody plants shall be trimmed when the area is brushed. Apply
water within the cleared zone only as needed during fire season to
maintain sufficient moisture content for sustenance of the plants and to
inhibit combustion. Remove all debris from this operation off the
District property. Weeding shall commence immediately following the
rainy season once the growth of weeds has reached a maximum of 12 inches
in height or when the County Fire Marshall has determined that a fire
SP16
hazard condition exists. The required weeding shall be completed as
soon as possible following its commencement and shall be completed
throughout a District within a maximum period of thirty (30) days.
Contractor shall be responsible for maintaining the brushed slope areas
throughout the year in accordance with the above -identified height of
weeds, dead wood removal and distance from dwellings or structures
requirements. This may require that certain areas will need additional
brushing as directed by the County Fire Marshall. Contractor will be
paid additional compensation for additional brushings at the rate
specified in the form of bid. Also, Contractor shall fertilize twice'a
year shrubs in these areas with inorganic 10-6-4 and remove weeds to a
distance of 30 feet measured from any sidewalk adjacent to a fire
protection slope area.
26.03 Where reference is made to weeding, brushing or clearing
within 100 feet of a structure, it is intended that the space between
the structure and the private property line is the responsibility of the
owner of the property. As an example, assume a private residential lot
has a depth of 100 feet, the rear or side of which abuts a fire
protection slope. Assume that the structure is set back 20 feet from
the property line abutting this slope. The Contractor's responsibility
is within the portion or balance of the 100 feet outside of the private
property boundary, or, in this case, 80 feet. Consult with the Director
for any questions regarding these areas.
26.04 The maintenance of the manufactured slopes requires that
the planted slopes be kept weed free at all times. Contractor shall
program the irrigation system to deliver sufficient moisture within the
root zone of trees and shrubs to sustain growth. Contractor shall be
responsible for any damage to slope areas caused by excessive watering
practices. Plants and trees shall be fertilized in accordance with the
requirements of Sections 17 and 18 of these Specifications. Weeding
will be subject to the special conditions identified in Exhibit D of
these specifications.
27. NATURAL AREAS MAINTENANCE
27.01 Natural areas are open space areas that have minimal
usage due to the sloping character of the land and the rugged landscape
materials that are native to the land. Contractor will provide periodic
maintenance consisting. of debris removal only as directed by the
Director.
28. TERM OF AGREEMENT
28.01 This Agreement shall take effect and commence upon its
execution by the District and, unless executed on the first day of a
calendar month, shall continue for the rest of the partial calendar
month in which executed and for a period of twelve (12) full calendar
months thereafter.
28.02 The District shall have the option to extend this
Agreement up to five (5) additional one (1) year periods, subject to the
same terms and conditions contained herein, by giving Contractor written
notice of exercise of this option to renew at least thirty (30) days
SP17
prior to the expiration of the initial term of this Agreement, or of any
additional l year extensions.
29. CONTRACTOR'S COMPENSATION
29.01 Should this Agreement commence on other than the first
day of a calendar month, the Contractor's compensation for that partial
calendar monthly shall be prorated at the rate of 1/30 of the full
monthly rate per day, to an including the last day of the partial
calendar month.
29.02 In the event the District exercises its option to -extend
the term of this Agreement for one or more of the additional five (5)
one year periods as provided for in paragraph 28.02, the Contractor's
monthly compensation shall be subject to adjustment at the commencement
of the extended term and annually thereafter ("the adjustment date") as
follows:
The compensation provided herein shall be adjusted to reflect the
increase, if any, in the cost of living during the previous year by
adding to the Contractor's monthly compensation the amount, if any,
obtained by multiplying the Contractor's compensation as of the
adjustment date by the percentage by which the Consumer Price Index
(CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the
month immediately preceding the Adjustment Date (the "Index Month")
reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increase dover the CPI for the month one year
prior to the Index Month. If the Index is discontinued, the Manager's
Office shall, at its discretion, substitute for the Index such other
similar index as it may deem appropriate.
SP18
!u
AC EZES
EXHIBIT u!,
LANDSCAPE MAINTENANCE CERTIFICATION
I (We) hereby certify under penalty of perjury that the work within the
facilities specified under the provisions of County Agreement No.
has been performed in accordance with the specification of said Agreement for
the month of , 19 , and that:
1. Not less than the prevailing _
wages, as determined by the
State Department of Industrial
Relations, have been paid to
personnel employed to do this
work.
2. All On -Going Maintenance Tasks
have been completed as provided
for in said Agreement and
Specifications.
3. Irrigation systems have been
checked for operability and
that the following are
functioning properly.
a. Irrigation lines
b. Valves
C. Sprinkler heads
d. Controllers
4. Spraying and/or use of chemicals
has occurred. If Yes, has:
a. Copies of the. PCA's written
recommendation been sent to
the Inspector? 1
b. Copies of the 'Pesticide Use
Report been sent to the
Inspector?
C. Copies of restricted use
permits been sent to the
Inspector?
5. Specialty Type Maintenance has
been requested. If Yes, has:
a. The inspector been notified
in writing?
b. If applicable, quantity and _
complete description of materials
used been sent to inspector?
C
ll
m
L)
O
O�X
�3
p
7z
'
G
,�.Z
O�
Z_
m
O
r
C1
O_
Oo
f1
O_
rO
C
c
O
7
0�l
O
Cy
C.
m
m
0
O
O
O
0
0
0 `+
,
7 ..
..
�n w
N in
N o
N
VI
z
Oz
n
Z
O
C
m
7�
Cccl
i
e
DIAMOND BAR LLAD NOS. 39 AND 41
The program for the control of Fescue on the planted
slope areas within the Diamond Bar Hills and the Diamond Bar High
Country developments shall consist of the following pre -emergent and
post emergent herbicide applications. Ronstar shall be applied at the
rate of 100-200 pounds per acre to prevent the germination of new Fescue
and will put the existing Fescue under unfavorable stress allowing the
existing ground cover to push out the Fescue by outgrowing it. Fusilade
at the rate of one pint per acre shall be applied to control existing
Fescue. Therefore, this program provides for the use of Fusilade as a
post -emergent grass killer and Ronstar as a pre -emergent grass herbicide
to control Fescue found on these designated slopes. This program shall
be repeated as often as needed to eradicate or control the growth of
Fescue on these slopes.
The above conditions will be discussed on the site during the scheduled
walk-through.inspection which all prospective bidders will be required
to attend.
AGENDA NO. iJ
-------------- ---
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: March 26, =---------------
1991 MEETING DATE: April 2, 1991 - -
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Charles Janiel, Director of Parks and Maintenance
SUBJECT: Maintenance services for Diamond Bar Community Parks
BACKGROUND:
Upon incorporation the City of Diamond Bar assumed ownership of eight (8)
developed community parks. Maintenance services of City Parks is accomplished
through the use of private contractors. The contractor currently providing
maintenance services was originally contracted through the County of Los Angeles
Parks and Recreation Department; and the City of Diamond Bar assumed that contract
upon incorporation in April, 1989.
The contract for maintenance services for the Diamond Bar community parks expires
as of June 30, 1991.
RECOMMENDATION•
Staff has prepared plans and specifications for maintenance services for the
community parks and hereby request that the City Council adopt Resolution 91-xx
and authorize the City Clerk to advertise for bids for the maintenance of eight
community parks. The director's estimate for this service is $110,500.00 per
year. Funds for this service are provided by the City's general fund.
Bidding for the maintenance of Diamond Bar community parks closes April 30, 1991.
Award of the contract will be brought before the City Council on May 21, 1991.
FISCAL IMPACT:
Amount Requested
Budgeted Amount
In Account Number:
Deficit:
Revenue Source:
Robert L. Van Nort
City Manager
(Narrative continued on next page if necessary)
IZ7
--------------------
Andrew V. Arczynski
City Attorney
Terrence Belanger
Assistant City Manager
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
DIAMOND BAR
COMMUNITY PARKS
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:45 a.m. on
April 30, 1991, sealed proposals for the performance of the above
described services.
CITY OF DIAMOND BAR
John Forbing, Mayor
Jay Kim, Mayor Pro Tem
Phyllis Papen, Councilmember
Donald Nardella, Councilmember
Gary Werner, Councilmember
Robert L. Van Nort, City Manager
Charles Janiel, Director of Parks and Maintenance
IMPORTANT NOTICE TO BIDDER
Notice is hereby given that the City of Diamond Bar is soliciting
bids for maintenance services for eight (8) City Parks.
A mandatory bidders conference and inspection of the areas to be
maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at
Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond
Bar, California.
Bids will be accepted until 10:45 a.m. on April 30, 1991 at Diamond
Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar,
California 91765, at which time and place said bids shall be
publicly opened, examined and declared.
Due to current drought situations and resultant rationing mandates,
Contractor will be required to monitor irrigation systems to comply
with reductions. The successful Contractor will be responsible for
costs incurred due to excess usage.
Inquires regarding these specifications can be directed to Charles
Janiel, Director of Parks and Maintenance, (714)860-2489.
Upon receipt of this proposal, contact Charles Janiel, Director of
Parks, at the City of Diamond Bar with the name of your company,
telephone number, a FAX number and the name of a contact person
within your company. Failure to provide the City with this
information may result in improper distribution of updated
materials regarding the bid documents. The City will. not be
responsible for information not being distributed to the proper
person.
SPECIFICATIONS
FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE
CITY PARKS
IN THE CITY OF DIAMOND BAR
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
INFORMATION FORBIDDERS
BIDDER'S PROPOSAL
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
LIST OF SYMBOLS AND ABBREVIATIONS
SUBCONTRACTORS LIST
NONCOLLUSION AFFIDAVIT
FAITHFUL PERFORMANCE BOND
LABOR AND MATERIAL BOND
BIDDER'S BOND
AGREEMENT
GENERAL PROVISIONS
SPECIAL PROVISIONS
1 - 7
8 - 13
14 - 18
19
20
21
22
23
24
25 - 26
27 - 35
GP -1 - GP -7
SP -1 - SP -37
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR MAINTENANCE SERVICES FOR
EIGHT (8) CITY PARRS IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar
to maintain certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the maintenance of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for maintenance services for
eight (8) City Parks.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized, and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, Los Angeles County, California, directing this
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 10:45 o'clock A.M. on the
30th day of April, 1991, sealed bids or proposals for maintenance
services for eight (8) City Parks.
Bids will be opened and publicly read immediately int he
office of the City Clerk, Suite 100, 21660 East Copley Drive,
Diamond Bar, California.
1
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, 'Bid for
maintenance services for eight (8) City Parks."
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the
City Clerk of the City of Diamond Bar, Suite 100, 21660 East Copley
Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic empldyed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than
the general prevailing rate of wages hereinbefore stipulated for
any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said
Labor Code.
In accordance with the provisions of Section 1777.5 of
the Labor Code as amended by Chapter 971, Statutes of 1939, and in
2
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in sections
1777.5 and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in the area
exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least
1/30 of its membership through apprenticeship training on
an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public
3
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 11777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed int he execution of this contract and
the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, not more than fifty dollars ($50.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eights (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code Section 1773.8.
4
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed contract if the same is warded to him, and in
event of failure to enter into such contract said cash, cashier's
check, certified check, or bond shall become the property of the
City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar for an amount equal to
at least ten percent (10%) of the amount of said bid as a guarantee
that the bidder will enter into the proposed contract if the same
is warded to him, and in event of failure to enter into such
contract said cash, cashier's check, certified check, or bond shall
become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the
next lowest bidder, the amount of the lowest bidder's security
shall be applied by the City of Diamond Bar to the difference
between the low bid and the second lowest bid, and the surplus, if
any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be fifty percent
(50%) of the annual contract price thereof, and an additional bond
in an amount equal to twenty-five (250) of the contract price for
said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
5
contracted to be done by the Contractor, or any work or labor of
any kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which
may be entered into between him and the said City of Diamond Bar
for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a contractor at time of award in accordance with
the provisions of the Contractor's License Law (California Business
and Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has
not been issued by the City of Diamond Bar. A C-27 license is
required.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of diamond Bar on file in the
office of the City Clerk at the City hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of $5.00, said
5.00 is nonrefundable.
Upon written request by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
6
PASSED, APPROVED AND ADOPTED this day of
1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of, 1991, by the
following Roll Call vote:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS -
LYNDA BURGESS, City Clerk
City of Diamond Bar
7
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted
at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications for Public Works Construction, 1988
Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the bidder, his address, and the name of
the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the
bid is received in proper time. Any bid received after the scheduled closing time for receipt of
bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's
or certified check or by a bid bond in the amount of not less than ten percent (10%) of the
amount annual named in the proposal. Said check or bond shall be made payable to the City
Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the
work, will enter into a contract within ten (10) days after written notice of the award and will
furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said
contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond
will be accepted unless it conforms substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid
upon, alternative proposals or any other modifications of the bid form which is not specifically
called for in the contract documents may result in the Owner's rejection of the bid as not being
responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be
considered but a telegraphic modification may be considered and only if a postmark evidences
that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any erasures, interlineation, .or other
corrections unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons signing
the bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the
words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of the individual items shall prevail
over the total figure shown. The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject
any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law.
Page 8
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the
proposed work and the contract documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered as to the character, quality,
and quantity of materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the site of the work and
the date of such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and the
drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to
meet all the difficulties attending the execution of the proposed contract before the delivery of his
proposal, and agrees that if he is awarded the contract, he will make no claim against the City of
Diamond Bar based on ignorance or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written
request, or by telegraphic request confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract
until he has secured all insurance and bonds required under this section nor shall be allow any
subcontractor to commence work on this subcontract until all similar insurance and bonds
required of the subcontractor have been obtained. All insurance issued in compliance with this
section shall be issued in the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the amounts required shall be
furnished by the contractor to the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the
State of California for all labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation Insurance laws.
The contractor shall maintain public liability insurance to protect said contractor and the City
against loss from liability imposed by law, for damages on account of bodily injury, including
death resulting therefrom, suffered or alleged to have been suffered by any person or persons,
other than employees, resulting directly or indirectly from the performance or execution of this
contract or any subcontract thereunder, and also to protect said contractor and the City against
loss from liability imposed by law, for damage to any property, damage insurance shall be
maintained by the contractor in full force and effect during the entire period of performance under
this contract, in the amount of not less than $500,000 for one person injured in the accident and
in the amount of not less than $1,000,000 for more than one person injured in one accident and in
the amount of not less than $500,000 with respect to any property damage aforesaid. The City
shall be named a co-insured regardless of fault.
Page 9
The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory
bonds conditioned upon faithful performance by the contractor of all requirements under the
contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one hundred percent (100%) of the
estimated aggregate amount of the payments to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not
less than one hundred percent (100%) of the estimated aggregate amount of the payments to be
made under the contract computed on the basis of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting
a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings,
specifications, or other contract documents, or finds discrepancies in, or omissions from the
drawings and specifications, he may submit to the Owner a written request for an interpretation or
correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the contract documents will be made only by Addendum duly
issued and a copy of such addendum will be mailed or delivered to each person receiving a set
of the contract documents. No person is authorized to make any oral interpretation of any
provision in the contract documents to any bidder, and no bidder is authorized to rely on any
such unauthorized oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm,
partnership, corporation, or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such bidder is interested. If
there is reason for believing that collusion exists among the bidders, all bids will be rejected and
none of the participants in such collusion will be considered in future proposals.
11. AWARD OF CONTRACT The City may award the contract to the lowest responsible
bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to the alternate or alternates selected
and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if made, will be made within sixty (60)
calendar days after the opening of the proposals; provided that the award may be made after said
period of the successful bidder shall not have given the City written notice of the withdrawal of his
bid.
12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election
of the governing board to the lowest responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal.
Page 10
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Public Contract
Code). Forms for this purpose are furnished with the contract
documents.
15. WORKERS COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
_ sign and file with the Owner the following certificate prior to
performing the work under this contract: "I am aware of the'
provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing
the performance of work of this contract."
16. BID DEPOSIT RETURN: Deposits of the three lowest bidders, the
number being at the discretion of the Owner, will be held for sixty
days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement, whichever
first occurs, at which time the deposits will be returned after
consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein
provided within (10) days from the date of written notice of the
award. Failure or refusal to enter into a contract as herein
provided, or to conform to any of the stipulated requirements in
connection therewith shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract,
the City may award the contract to the second lowest responsible
bidder. If the second lowest responsible bidder refuses or fails
to execute the contract, the City may award the contract to the
third lowest responsible bidder. On the failure or refusal of
such second or third lowest bidder to execute the contract, such
bidder's guarantees shall be likewise forfeited to the City. The
work may then be readvertised.
18. 'AOR EQUAL": Pursuant to Article 5, Chapter 3, Part 1,
Division 2 (commencing at 3400) Public Contract Code, all
specifications shall be deemed to include the words "or equal",
provided however that permissible exceptions hereto shall be
specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The contractor and any subcontractor under him shall comply with
the requirements said sections in the employment of apprentices;
Page 11
however, the contractor shall have full responsibility for
compliance with said Labor Code section, for all apprenticeable
occupations, regardless of any other contractual or employment
relationships alleged to exist.
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available for
the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty to
the City of Diamond Bar, twenty-five dollars ($25) for laborers,
workmen, or mechanics employed for each calendar day, or portion
thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and
stipulated for any work done under the proposed contract, by him,
or by any subcontractor under him, in violation of the provisions
of the Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements relating
to the work as set forth in the aforementioned Labor Code are on
file and available for inspection in the Office of the Department
of Industrial Relations, Division of Labor Statistics and Research.
22. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are
advised that upon payment of the appropriate purchase price, the
set of contract drawings and specifications become the property of
the purchaser and are not to be returned to the City of Diamond
Bar.
23. AWARD OF CONTRACT: The award of the contract, if it be
awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements described.
24. QUANTITIES: The quantity of work for the unit price items to
be done under the contract,las noted in the Schedule of Prices, is
an estimate and is not to be taken an expressed or implied
statement that the actual quantity of work will correspond to the
estimate.
The right is reserved by the City of Diamond Bar to increase or
decrease or to entirely eliminate items from the work if found
desirable or expedient.
The Contractor will be allowed no claims for anticipated profits,
loss of profits or for any damages of any sort because of any
difference, between the estimated and actual quantities of work done
of for work decreased or eliminated by the City of Diamond Bar.
Page 12
25. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the City's Engineer signed by
an authorized representative of the bidder or by the person filing
the bid.
26. INVALID PROPOSALS: Proposals submitted by telegraph and those
which are not logged in at the office of the City Clerk of the City
of Diamond Bar, prior to the date and hour set for receipt of same
will not be considered.
27. ALTERING PROPOSALS: The wording of the proposals shall not be
changed. Any additions, conditions, limitations, or provisions
inserted by the bidder will render the proposal irregular and may
cause its rejection.
Erasures of interlineations in the proposal must be explained or
noted over the signature of the bidder.
28. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City
of Diamond Bar reserves the right to accept any bid or reject any
or all bids and to waive any informality of defects in bids
received as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may be
rejected.
Proposals in which a bid item is left totally blank will be
considered as being nonresponsive and automatically rejected.
29. BID PRICES AND AGREEMENT OPFIGURES• If a unit price bid item
total amount arrived at by multiplying the unit price times the
quantity does not agree with the total amount entered for the item
or if the total amount is note entered, the unit price and the
corrected extension will be considered as representing the bidder's
intentions.
If in a unit price bid item the total amount is entered for the
item but not the unit price!, the unit price shall be that which is
derived by dividing the total amount bid for the item by the number
of units in the item.
If the amounts bid on individual items (if called for) do not add
up to the total amount shown, the correctly added total of the
individual items shall prevail over the total amount.
30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to
time, issue addenda to the contract documents during the period of
advertising. The addenda will be sent to the address the purchaser
of the contract documents left with or furnished the City of
Diamond Bar at the time the purchase was made.
Page 13
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
EIGHT (8} COMMUNITY PARKS
ITEM DESCRIPTION WITH MONTHLY COST ANNUAL COST
NO. QUANTITY MONTHLY UNIT PRICE IN FIGURES IN FIGURES
IN WORDS
1 LS Peterson Park•
Page 14
(Word)
2
LS
Heritage Park
(Word)
3
LS
Ronald Reagan Park
(Word)
4
LS
Maple Hill Park
(Word)
5
LS
Starshine Park
(Word)
6
LS
Paul C. Grow Park
i
(Word)
7
LS
Summit Ridge Park
(Word)
Page 14
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
EIGHT (8) COMMUNITY PARKS
ITEM DESCRIPTION WITH MONTHLY COST ANNUAL COST
NO. QUANTITY MONTHLY UNIT PRICE IN FIGURES IN FIGURES
IN WORDS
8 LS Sycamore Park
(Word)
TOTAL ANNUAL PRICE
In words
Page 15
In figures
Specialty Type Functions - All Areas - Parks Only
A. For additional work not covered in this Agreement, the cost for a:
FUNCTION
1. Pruning
a. Trees
20 to 30 feet Per Tree
30 to 40 feet Per Tree
40 feet + Per Tree
2. Cultivating Per Square Foot
3. Fertilization
a. Turf Per Acre, or pro rata for less
Page 16
than an acre
b. Trees
Per Tree
c. Shrubs/
Per Square Foot
Ground Cover
4.
Disease/Insect Control
a. Turf
Per Square Foot
b. Trees
Per Tree
c. Shrubs
Per Shrub
d. Ground Cover
Per Square Foot
5.
Weed Control, Turf i
Per Square Foot
Post Emergence
(For Broad Leaf Weeds)
6.
Reseeding Turf
Per Square Foot
7.
Turf Renovation
Per Square Foot
8.
General Landscape
Per Hour
Labor is
9.
Irrigation Specialist
Per Hour
10.
Tree Trimmer
Per Hour
Page 16
a
If an individual, so state. If a firm or co -partnership,
state the firm name and give names of all individual co-partners
composing the firm. If a corporation, state legal name of
corporation, also names of .President, Secretary, Treasurer, and
Manager thereof.
Dated:
Business Address
19 By:
By:
By:
Contractor's License No.
Contractor's License
Expiration Date
I declare under penalty of perjury of the laws of the
State of California that the representations made herein are true
and correct in accordance with the requirements of California
Business and Professions Code Section 7029.15.
Contractor's Authorized Signature
17
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
ANNUAL LANDSCAPE MAINTENANCE FOR
EIGHT (8) COMMUNITY PARKS
Accompanying this proposal is
(insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as
the case amy be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contact, with
necessary bond, within ten (10) days, including Sundays and legal holidays, after having received
notice that the contract has been awarded and is ready for signature, the proceeds of the security,
accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
Page 18
CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and any. partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1987 1988 1989 1990 TOTAL CURRENTYEAR
1. No. of contracts
2. Total dollar amount of contracts (in thousands of S)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.* No. of lost workdays
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries,
Summary Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
Name of Bidder (print) Signature
Address
City Zip Code
Page 19
State Contractors' Lic. No. &
Classification
Telephone
The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows:
Ave.
Avenue
LF
Linear Feet
&
And
LS
Lump Sum
AC
Asphaltic Concrete
Mod.
Modified
Blvd.
Boulevard
MH
Manhole
CAB
Crushed Aggregate Base
I
Number
CB
Catch Basin
No.
Number
Conc.
Concrete
NRCP
Nonreinforced concrete
Pipe
Conn.
Connector or Connection
Pvmt.
Pavement
Const.
Construct
Perm. Surf.
Permanent Surfacing
CIP
Cast Iron Pipe
PCC
Portland Cement Gymb
CSP
Corrugated Steel Pipe
RC
Reinforced Concrete
CY
Cubic Yard
RCB
Reinforced Concrete Box
D
D -load of pipe
RCP
Reinforced Concrete Pipe
Dia.
Diameter
Reconn.
Reconnect
Dbl.
Double
Reconst.
Reconstruct
Dwy.
Driveway
Reinf.
Reinforcing or reinforced
EA
Each
Restor.
Restoration
ELC
Electrolier Lighting
Resurf,
Resurfacing
Conduit
Excay.
Excavation
Rd.
Road
Ex. or Exist.
Existing
Sched.
Schedule
'
Feet
SD
Storm Drain
Fur. & PI.
Furnish and place
Sec.
Section
Ga.
Gauge
SF.
Square Feet
Galy.
Galvanized
Spec.
Special
Gr.
Grate
SS
Sanitary Sewer
H
High or height
Sta.
Station
HC
House connection
St.
Street
sewer
Struct.
structure
Improv.
Improvements
Trans.
Transition
"
Inches
TS
Transition Structure
JS
Junction Structure
Var.
Variable
Lb.
Pounds
VCP
Vitrified Clay Pipe
LD
Local Depression I
W
Wide or Width
Page 20
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (I%) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated Bidder
Signature
Signature
Page 21
State of California
County of
NONCOLLUSION AFFIDAVIT
ss.
1
being first duly sworn,
deposes and says that he or she is
of the party making the foregoing
bid that the bid is not made in the interest of or on 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 other 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 bids 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 date 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.
ignature
STATE OF CALIFORNIA
ss.
COUNTY OF )
ii
Subscribed and sworn to before me this
, 19
Notary Public in and for the County
of , State of California.
My Commission expires
22
, 19
day of
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
land is required by said City to give this bond in connection
with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any way release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Surety and notice of such alterations or
extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1991.
PRINCIPAL SURETY
BY. BY:
(SEAL) (SEAL)
23
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under.
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this.
day of
PRINCIPAL SURETY
BY: BY:
(SEAL)
24
(SEAL)
1991.
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (10%) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid
to the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on April 30, 1991 for Annual Maintenance for City
Parks in the City of Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the
contract, and within the time and manner required under the
specifications, after the prescribed forms are presented to him
for signature, enters into a written contract, in the prescribed
form in accordance with the bid, and files the two bonds with the
City of Diamond Bar, one to guarantee faithful performance and
other to guarantee payments for labor and materials, as required
by law, 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 obligee and judgment is recovered,
the surety shall pay all costs incurred by the obligee in such
suit, including a reasonable attorney's fee to be fixed by the
court.
25
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1991
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
I
26
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS, City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment, and material for maintenance of 8 community parks in the
City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: The work to be done under this
Agreement shall include the furnishing of all labor, material and
equipment necessary for the provision of the landscape and
appurtenant maintenance services as set forth in the specifications
for Maintenance of City Parks in the City of Diamond Bar.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were set forth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be' performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
27
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the
contract within ten (10) calendar days from the
date of notice of award of contract. This
agreement shall take effect and commence on July 1,
1991 for a period of twelve (12) months.
b. The City shall have the option to extend this
Agreement up to five (5) additional one (1) year
periods, subject to the same terms and conditions
contained herein, by giving the contractor written
notice of exercise of this option to renew at least
thirty (30) days prior to .the expiration of the
initial term of this Agreement, or of any
additional one (1) year extensions.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder.in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the Engineer a
certificate of insurance as proof that he has taken
out full compensation insurance for all persons
whom he may employ directly or through
subcontractors in carrying out the work specified
herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in
full force and effect during the period covered by
this contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows:
28
"I am aware of the provisions of Section 3700 of
the Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any
subcontractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto
($500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
.business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to by so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the
following words:
29
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution
of the contract present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in
accordance with the provisions of California Labor code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages. copies of such prevailing
rates of per diem wages are on file in the office of the City clerk
of the City of Diamond Bar, Suite 100 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
30
The contractor shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of section 1777.5 of the Labor Code as amended by
Chapter 971, Statues of 1939, and in accordance with the
regulations of the California Apprenticeship council, properly
indentured apprentices may e employed in the prosecution of the
work.
Attention is directed to the provisions in sections
1777.5 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices journeymen that
will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
31
The Contractor is required to make contribution to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours, of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set
forth in Division 2, Part 7, chapter _1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,.
workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in. the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
r
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and
its officers,- agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to
the work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful
misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City during the
progress of the work or at any time before its completion and final
acceptance.
32
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising
out of or in connection with the work, operation, or activities of
the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who
are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations, o liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with
such work, operations, or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, its made a party
to any action or proceeding filed or prosecuted
against he Contractor for damages or other claims
arising out of or in connection with the work,
operation, or activities of the contractor
hereunder, the contractor agrees to pay to City any
and all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made
in the employment of persons upon public works because of the race,
color, or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
33
11. CONTRACT PRICE AND PAYMENT: Except where additional
compensation is specifically provided for in this Agreement, City
will pay contractor for his services under this Agreement set forth
in Bid Sheet, one month in arrears, on the last day of the month,
or as soon thereafter as payment is approved by the City Council.
In the event the City exercises its option to extend
the term of this Agreement for one or more of the additional five
Contractor's monthly compensation shall be subject to adjustment at
the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
The Compensation provided herein shall be adjusted
to reflect the increase, if any, in the cost of living during the
previous year by adding to the Contractor's monthly compensation
the amount, if any, obtained by multiplying the Contractor's
compensation as of the adjustment date by the percentage by which
the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -
Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor
Statistics of the United Stated Department of Labor, has increased
over the CPI for the month one year prior to the Index Month. If
the Index is discontinued, the Director's office shall, at its
discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by
City upon the giving of a written "Notice of Termination" to
contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event os such
termination, contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
�i
34
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
APPROVED AS TO FORM:
By:
City Attorney
By:
Title
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Clerk
Date
Contractor's Business Phonds
Emergency Phone at which
Contractor can be reached at any time:
35
GENERAL PROVISIONS
1. GENERAL CONDITIONS
All work shall be done in accordance with the 1988 Edition and
all supplements of the Standard Specifications for Public
Works Construction, hereinafter referred to as Standard
Specifications, Plans, Standard Construction Drawings and
these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work.
Section 2-1. Award and Execution of Conttact is amended by the
following'
(a) Examination of Plans Specifications Special Provisions,
and Site of Work: The bidder is required to examine
carefully the site and the proposal, plans,
specifications and contract forms for the work
contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered, including all installations and utilities,
whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the specifications, the special provisions and the
contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that
the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank
forms to be obtained from the City Clerk at City Hall,
21660 E. Copley Dr., Suite 100, Diamond Bar, California.
All proposals must give the prices proposed, both in
writing and figures, and must be signed by the bidder,
and his address shown. If the proposal is made by
individual, his name and post office address must be
shown. If made by a firm or partnership, the name and
post office of each member of the firm or partnership
must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which
the corporation, the proposal must show the name of the
state under the laws of which the corporation was
chartered and the names, titles, and business addresses
of the president, secretary, and treasurer.
G. P. 1
(c) Rejection of Proposals Containing Alterations Erasures
Irregularities: Proposals may be rejected if they show
any alterations of form additions not called for,
conditional or alternative proposals, incomplete
proposals, erasures, or irregularities of any kind.
(d) Bidder's Guaranty: All proposals shall be presented
under sealed cover and shall be accompanied by cash,
cashier's check or certified check payable to, or
bidder's bond in favor of the City of Diamond Bar in an
amount of said proposal, and no proposal shall be
considered unless such cash, cashier's check, or bidder's
bond in enclosed therewith.
(e) Award of Contract: The award of the contract, if it be
awarded, will be to the lowest responsible bidder.
(f) Return of Bidder's Guarantees: Proposal guarantees will
be held until the contract has been finally executed,
after which they will be returned to the respective
bidders whose proposals.they accompany.
Subsection 2-5.1. Plans and Speclifications-General is amended by
the addition of the following•
An addendum to these specifications may be issued by the Engineer
at any time prior to the bid opening.
Subsection 2-9.5. Line and grade is amended by the addition of the
following•
(a) All surveying necessary and adequate for construction
purposes will be done by the City Engineer or as modified
in the Special Provisions.
(b) The Contractor shall give two (2) working days notice, in
writing, when theilservices of the City Engineer will be
required for laying out any portion of the work, and he
shall dig all holes necessary for line and grade stakes.
The Contractor shall preserve all stakes set for the
lines, grades or measurements of the work in their proper
places until authorized to remove them by the City
Engineer. Any expenses incurred in replacing said stakes
that the Contractor may have failed to preserve shall be
borne by the Contractor.
(c) Grades for all pipelines will be set on the surface of
the ground and the Contractor shall transfer them to the
bottom of the trench. At no time shall less.than three
G. P. 2
(3) consecutive grade points be used in common so that
any variation from a straight grade can be detected. Any
such variation shall be reported to the City Engineer and
in the absence of such report, the Contractor shall be
responsible for any error in the grade of the finished
work.
(d) The Contractor shall preserve all bench marks, stakes and
other survey marks, and incase of their removal or
destruction by his own employees or by his
subcontractor's employees, he shall be liable for the
cost of their replacement.
Section 4. Control of Materials. Subsection 4-1.3 is modified to
delete the requirement for inspection at the source of asphaltic
concrete.
Section 5. Utilities. This section is modified by addition of the
following subsections.
Subsection 5-1. Location. This section is amended by addition of
the following•
The Contractor shall notify Underground Service Alert (USA) at 1-
800-422-4133 two working days prior to the start of any boring or
excavating operations.
The Contractor shall notify the owners of all utilities 48 hours
before start of construction. The utility owners listed may be
contacted as indicated:
Utility owner Identification. Utility owners who may have
facilities which may affect the work are as follows:
General Telephone
1400 E. Phillips Blvd. II
Pomona, California 91766
(714) 865-3307
Southern California Edison company
800 West Cienega
San Dimas, California 91773
(714) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(714) 595-7554
G.P. 3
Southern California Gas Company
Distribution Department
920 S. Stimson Ave.
City of Industry, California 91745
(714) 394-4327
Underground Service Alert
1 (800) 422-4133
Subsection 5-2. Protection. The Contractor is hereby alerted to
the existence of all utility lines shown on the plans. The
Contractor shall carefully protect all lines during the course of
construction. The Contractor is cautioned to protect existing
utilities and their appurtenances which may be within the work
area. Particular attention shall be given to water valves.
Subsection 5-4. Relocations. The City of Diamond Bar has water
mains, valves, sprinkler electrical controls, services and meters
within the project area which conflict with the new work. Much of
the modification and/or relocation work will necessarily be done
currently with Contractor's improvement operations. Therefore,
Contractor will necessarily have to work around some City
facilities and closely coordinate with the City.
Section 6. Construction Schedule and Commencement of Work is
amended by the addition of the following:
Prior to commencing construction the contractor shall submit for
approval a construction schedule.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Section 7-2. Labor amendediby the addition of the followin
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Chapter 11 or Part VII, Division 2 of
the Labor Code in accordance with the provisions of Section 1735
thereof.
G. P. 4
Subsection 7-3.1. Contractor's Responsibility for Work.
Until acceptance of the work in writing by the City of Diamond Bar,
the contractor shall have the charge and care of the work site at
all times and shall bear the risk of injury or damage to any part
thereof by the action of the elements or from the any other cause,
whether arising from the execution or from the non execution of
work. The contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the work occasioned by
any of the above causes before final acceptance and shall bear the
expense thereof.
The City of Diamond Bar permits stockpiling of excavation material
and/or construction material only in an authorized location. This
requirement also applies to the location of a material and
equipment yard and a construction office.
All existing improvements (except utilities) which are removed or
damaged during the course of construction of the project shall be
restored to a condition equal to or better than, in all respects,
the existing improvements removed or damaged unless otherwise
specified or noted on the drawings.
Full compensation for conforming to the requirements of this
section shall be included in other items of work performed and no
additional compensation will be allowed.
Subsection 7-4.1 Duration of Contract A
The Contractor shall begin work on or before the date of a written
"Notice to Proceed", which shall be not later than 20 calendar days
after execution of contract, and shall complete the entire work
within sixty (60) calendar days.
Subsection 7-10.1. Traffic and Access is amended by addition of the
following•
No public street, or portion thereof, may be closed to through
traffic as part of this Contract. However, if, in the opinion of
the Engineer, it is in the interest of the City of Diamond Bar to
close the street, the contractor shall close the street as directed
by the Engineer. Full compensation for conforming to the
requirements of this section shall be included in other items of
work performed and no additional compensation will be allowed.
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or
G. P. 5
damage or injury to the public or to give adequate warning to the
public of any dangerous conditions to be encountered. The Caltrans
"Manual of Traffic Controls" shall be used for all traffic control
on this project. Payment for this work shall be included in Bid
items No. 1 (Irrigation System Installation).
Subsection 7-11 SHORING OF EXCAVATIONS
Shoring of excavations is not generally required on this project,
however, the City's Engineer may determine that shoring is required
in portions of the construction area, due to the type of trench
excavation proposed by the contractor:
The City has performed no soil testing to determine precisely what
areas, if any, will require shoring.
Shoring of excavation if required shall be in accordance with the
requirements of Subsection 306-1, as amended, of the Standard
Specifications, and shall meet all requirements of the Construction
Safety Orders of the Department of Industrial Relations, State of
California and of OSHA. Approved protective fencing and
barricading will also be provided by the Contractor as a part of
this item. Prior to the excavation the Contractor shall obtain all
permits required thereby.
The Contractor shall conform to the Section 6424 of the California
State Labor Code regarding shoring and bracing of excavations. Of
special importance in this regard is the following extract from
said -section:
"For the excavation of any trenches five feet or more in
depth, the Contractor shall submit for acceptance by the
awarding body, or by a registered civil or structural engineer
employed by the awarding body, to whom authority has been
delegated, in advance of excavation, of a detailed plan
showing the ,design of shorings, bracing, sloping or other
provisions to be made for worker protection from hazard of
caving ground duringil the excavation of such trench or
trenches. If such plan varies from the shoring system
standards established by the Construction Safety Orders, the
plan shall be prepared by a registered civil or structural
engineer".
Full compensation for conforming to the requirements of this
section shall be included in other items of work involved and no
additional compensation will be allowed.
Section 9. Measurement and Payment
G.P. 6
Subsection 9-3 is modified by addition of the following paragraphs:
The Contractor agrees that the payment of the amount under the
contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to
a monthly progress payment in an amount equal to ninety percent
(90%) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments, provided that in all events the City
shall withhold no less than ten percent (10%) of the contract price
until final completion and acceptance of the work. The Contractor
may substitute in lieu of cash retention.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the contract, nor
shall it in any way govern the final estimate.
Final Payments. After the completion of the contract, the Engineer
shall make a final inspection of the work done thereunder, and if
entirely satisfactory and complete, the City shall pay the
Contractor an amount which, when added to the payments previously
made and deductions allowable to the City, will equal ninety
percent (90%) of the contract price. Thereafter the balance of the
contract price remaining unpaid shall be paid 35 calendar days
after the recording of a Notice of Completion by the City. The
payment of the final amount due under the contract and the
adjustment and payment for any work done in accordance with any
alterations of the same shall release the City form any and all
claims on account of the work performed under the contract or any
alterations thereof.
G. P. 7
DIAMOND BAR COMMUNITY PARKS
STATEMENT OF WORK
o Administrative Specifications
o On -Going Maintenance Tasks
o Seasonal Specialty Tasks
o Specific Requirements
STATEMENT OF WORK
LANDSCAPE AND GROUNDS MAINTENANCE AGREEMENT
DIAMOND BAR COMMUNITY PARKS
TABLE OF CONTENTS
I. ADMINISTRATIVE SPECIFICATIONS
SECTION
HEADING
1
General Requirements
2
Facilities to be Maintained
3
Certifications/Reports
4
Additional Work
5
Contractor's Damages
6
Interpretation of the Maintenance Specifications
7
Office of Inquiries and Complaints
8
Safety
9
Hours and Days of Maintenance Services
10
Maintenance Schedules
11
Contractor's Staff
12
Signs/Improvements
13
Utilities
14
Non -Interference
15
Storage Facilities
16
Use of Chemicals
SP2
II. ON-GOING MAINTENANCE TASKS
SECTION
HEADING
1
Mowing - Operation
2
Mowing - Frequency
3
Mechanical Edging - Operation
4
Mechanical Edging - Frequency
5
Chemical Edging and Detailing - Operation
6
Chemical Edging and Detailing - Frequency
7
Weed Control and Removal - Operation
8
Weed Control and Removal - Frequency
9
Litter Control Operation
10
Litter Control - Frequency
11
Trash Containers - Operation
12
Trash Containers - Frequency
13
Trash Bin Removal - Operation
14
Trash Bin Removal - Frequency
15
Raking - Operation
16
Raking - Frequency
17
Pruning and Hedge Trimming - Operation
1
18
Pruning and Hedge Trimming - Frequency
19
Sweeping/Washing - Operation
20
Sweeping/Washing — Frequency
21
Graffiti Eradication and Control - Operation
22
Graffiti Eradication and Control - Frequency
23
Algae and Aquatic Growth Control - Operation
24
Algae and Aquatic Growth Control - Frequency
SP3
SECTION
HEADING
25
Picnic Areas and Pavilions Maintenance -
operation
26
Picnic Areas and Pavilions Maintenance -
Frequency
27
Playground Equipment - Operation
28
Playground Equipment - Frequency
29
Restroom Maintenance - Daily Operation
30
Restroom Maintenance - Weekly Operation
31
Aerification - Operation
32
Aerification - Frequency
33
Watering and Irrigation Systems
Maintenance
34
Irrigation System Operability and
Testing - Operation
35
Irrigation Operability and Testing -
Frequency
36
Ballfield Maintenance and Preparation -
operation
37
Ballfield Maintenance and Preparation -
Frequency
38
Rodent Control - Operation
39
Rodent Control - Frequency
40
J
Drinking Fountain Maintenance -
Operation and Frequency
41
Exterior Building Maintenance -
Operation and Frequency
42
Interior Building Maintenance -
Basic Operation
43
Park Kitchen Maintenance -
Operation and Frequency
44
Interior Building Maintenance -
Periodic Operations and Frequencies
SP4
SECTION
HEADING
45
Slopes
- Operation
46
Slopes
- Frequency
47
Walks
and Trails -
Operation
48
Walks
and Trails -,Frequency
49
Swales
and Drains
- Operation
50
Swales
and Drains
- Frequency
III. SEASONAL SPECIALTY TASKS
51 Shrub and Tree Care/Pruning
52 Cultivating
53 Renovation/Vertical Mowing - Operation
54 Turf Reseeding/Restoration of
Bare Areas — Operation
55 Fertilization
56 Disease/Insect Control - Operation
57 Plant Materials - Operation
IV. SPECIFIC REQUIREMENTS
58 County -Provided Materials
59 Locks and Keys i
SP5
ADMINISTRATIVE SPECIFICATIONS
1. GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean
appearance and all work shall be performed in a professional,
workmanlike manner using quality equipment and materials.
1.02 Contractor shall provide the labor, materials, and
equipment necessary for the provision of grounds and landscape
maintenance services, except as otherwise specified hereinafter. The
premises shall be maintained with nothing but the highest of standards
at no less than the frequencies set forth herein.
1.03 Contractor is hereby required to render and provide
landscape and grounds maintenance services including, but not limited
to, the maintenance of turf, groundcover, shrubs and trees; renovation
of turf and groundcover areas; maintain and prepare ballfields; the
pruning of trees and shrubs; providing weed, disease and pest control;
provide specified building custodial services; operating and
maintaining specified components of the irrigation system, maintenance
of aquatic areas, and the maintenance of any appurtenant structures
and equipment pursuant to specifications and frequencies established
by the City of Diamond Bar Department of Parks and Maintenance, as set
.forth herein or revised by City.
1.04 Contractor shall not work or perform any operations,
particularly during periods of inclement weather, which may destroy or
damage groundcover, athletic or turf areas.
1.05 The Contractor recognizes, that during the course of
this Agreement, other activities and operations may be conducted by
City work forces and other contracted parties. These activities may
include, but, not be limited to, landscape refurbishment, irrigation
system modification or repair, construction and/or storm related
operations. The Contractor may be required to modify or curtail
certain tasks and operations and shall promptly comply with any
request therefor by the Director.
1.06 Contractor shall, during the specified hours and days
of operation, respond"to all emergencies within two (2) hours of
notification.
1.07 The Contractor shall perform a weekly maintenance
inspection during daylight hours of all areas within the premises.
Such inspection shall be both visual and operational. It shall include
operation of all irrigation, lighting and other mechanical systems to
check for proper condition and reliability. Contractor shall take
immediate steps to correct any observed irregularities, and submit a
written report regarding such circumstances to the Director.
2. FACILITIES TO BE MAINTAINED
2.01 The facilities to be maintained under the provisions of
this Agreement, as described on the attached Exhibit A, are located at
the following addresses and locations:
SP6
3.
Heritage Park
2900 S. Brea Canyon Road
Diamond Bar
Ronald Reagan Park
2201 S. Peaceful Hills Road
Diamond Bar
Paul C. Grow Park
23305 Quail Summit/Highbluff Road
Diamond Bar
Sycamore Park
22930 Golden Springs Drive
Diamond Bar
Undeveloped Pantera Park
Pantera Drive
Maple Hill Park
1309 S. Maple Hill Road
Diamond Bar
Starshine Park
20838 Starshine Road
Diamond Bar
SummitRidge Park
1425 Summitridge Drive
Diamond Bar
Peterson Park
24142 E. Sylvan Glen Drive
Diamond Bar
Undeveloped Larkstone Park
Larkstone & Dab Court
These facilities are landscaped with turf, groundcover, shrubs,
and are irrigated by manual and or automatic controlled systems.
These areas are further defined on the plans of record on file with
the City of Diamond Bar.
2.02 Contractor acknowledges personal inspection of the
facilities and the surrounding areas.
2.03 With regard to the New Park Sites identified as;
Pantera Park and Larkstone Park. Contractor acknowledges that said
sites are in various stages of development and are not under full
operation at the date of execution of this agreement. Contractor
agrees to commence maintenance services at said parks within thirty
(30) days of Director's written notice stating that said parks are in
operation and that specified maintenance services are required for
all, or any portion of the specified New Park Site.
CERTIFICATIONS/REPORTS
3.01 Mai.ntenancelFunction Report
Contractor shall maintain and keep current a daily.report form
that records all On -Going, Seasonal, and Additional Work, maintenance
functions performed by Contractor's personnel. Said report shall be
in a form and content acceptable to the Director and shall be
submitted to Director concurrent with the monthly invoicing. The
monthly payment will not be made until such report is received and
deemed acceptable by the Director.
3.02 Certification
Contractor shall complete the attached "Certification
Report Form", designated Exhibit B and shall submit same to Director
concurrent with the monthly invoicing. The monthly payment to the
Contractor will not be made until such report has been received and
found acceptable by the Director.
SP7
3.03 Irrigation Schedule
Contractor shall complete and submit a monthly
irrigation schedule, Exhibit C for the coming month, and submit same
to Director concurrent with monthly invoicing.
In addition, when applicable, Contractor shall submit
with the monthly invoice, a report indicating those specialty type
maintenance operations completed. Said report shall include the
following information:
a. Quantity and complete description of all
commercial and organic fertilizer(s) used.
b. Quantity and label description of all grass seed
used.
C. Quantity and complete description of all soil
amendments used.
d. A valid licensed California Pest Control Advisor's
recommendation and copies of corresponding pesticide use report signed
by a licensed California Pest Control Operator for all chemical
disease and pest control work performed.
4. ADDITIONAL WORK
4.01 The Director may at his discretion authorize the
Contractor to perform additional work, including but not limited to,
repairs and replacements when the need for such work arises out of
extraordinary incidents such as vandalism, Acts of God, and third
party negligence; or improvements in order to add new, modify existing
or to refurbish existing landscaping and irrigation systems. If the
Director determines that the labor for work resulting.from vandalism,
Acts of God or third party negligence can be performed by Contractor's
present work force, Director may modify the Contractor's On -Going
Maintenance Schedule in order to compensate Contractor for performing
said work. Absent of said modification, any work not provided for
elsewhere in this agreement and authorized by the Director and
performed by the Contractor shall be paid by City as specified in
Payment and Invoices, Section 11 of the Agreement.
4.02 Prior to performing any additional work, the Contractor
shall prepare and submit a 1written description of the work with an
estimate of labor and materials. No work shall commence without the
written authorization from the Director. Not withstanding the above
authorization, when a condition exists wherein there is imminent
danger of injury to the public or damage to property, the Director may
verbally authorize the work to be performed upon receiving a verbal
estimate from the Contractor. However, within twenty-four (24) hours
after receiving a verbal authorization, the Contractor shall submit a
written estimate to the Director for approval.
4.03 All additional work shall commence on the specified
date established and Contractor shall proceed diligently to complete
said work within the time allotted.
4.04 Additional compensation may be authorized at the
discretion of the Director, for those "Seasonal Specialty", or
"Additional Work" functions deemed necessary and authorized by the
Director.
SP8
S. CONTRACTOR'S DAMAGES
5.01 All damages incurred to existing facilities by the
Contractor's operation shall be repaired or replaced at the
Contractor's expense.
5.02 All such repairs or replacements shall be completed
within the following time limits.
a. Irrigation damage shall be repaired or replaced
within one watering cycle.
b. All damages to shrubs, trees, turf or groundcover
shall be repaired or replaced within five (5) working days.
5.03 All repairs or replacements shall be completed in
accordance with the following maintenance practices.
a. Trees - Minor damage such as bark lost from impact
of mowing equipment shall be remedied by a qualified tree surgeon or
arborist.
- If damage results in loss of a tree, the damaged
tree shall be removed and replaced to comply with the specific
instructions of Director.
b. Shrubs - Minor damage may be corrected by
appropriate pruning.
Major damage shall be corrected by removal of
the damaged shrub and replacement to comply with the provisions in
Section 16. "Pruning and Hedge Trimming - Operation" of the On -Going
Maintenance Specifications.
C. Chemicals All damage resulting from chemical
operation, either spray -drift or lateral -leaching, shall be corrected
in accordance with the aforementioned maintenance practices and the
soil conditioned to insure itsability to support plant life.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise, the Director will
interpret this Agreement. If the Contractor disagrees with the
interpretation of the Director, Contractor shall continue with the
work in accordance with the Director's interpretation. Within thirty
(30) days after receipt of the interpretation, Contractor may file a.
written request for a hearing before a Disputes Review Panel as
provided hereinafter. The written request shall outline in detail the
area of dispute.
6.02 The Disputes Review Panel will be appointed by the
Director and will be composed of not less than three Non -City
personnel having experience in the administration of grounds
maintenance contracts. The panel will convene within one (1) week of
appointment in order to hear all matters related to the dispute. The
hearing will be informal and formal rules of evidence will not apply.
The Panel will submit itsrecommendationto the Director, for his
consideration, within one (1) week following the conclusion of the
hearing. The Director shall render an interpretation based upon his
review of the Panel's recommendation.
SP9
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed
place located in the Los Angeles Metropolitan Area and shall maintain
a.telephone thereat, listed in the telephone directory in its own name
or in the firm name by which it is most commonly known and shall,
during the daily hours of maintenance operation have some responsible
person(s) employed by the Contractor, to take the necessary action
regarding all inquiries and complaints that may be received from the
Director, City personnel or patrons using the facilities. This
person(s) shall be reachable 24 hours per day. An answering service
shall be considered an.acceptable substitute to full time coverage,
provided Contractor is advised of any complaint within one (1) hour of
receipt of such complaint by the answering service. During normal
working hours, the Contractor's Foreman or employee of the Contractor,
who is responsible for providing maintenance services shall be
available for notification through radio communication.
7.02 Whenever immediate action is required to prevent
impending injury, death or property damage to the facilities being
maintained, City may, after reasonable attempt to notify the
Contractor cause such action to be taken by the City work force and
shall charge the cost thereof as determined by the Director, against
the Contractor, or may deduct such cost from an amount due to
Contractor from City.
7.03 The Contractor shall maintain a written log of all
complaints, the date and time thereof and the action taken pursuant
thereto or the reason for non -action. The log of complaints shall be
open to the inspection of the Director at all reasonable times.
7.04 All complaints shall be abated as soon as possible
after notification; but in all cases within 24 hours, to the
satisfaction of the Director. If any complaint is not abated within 24
hours, the Director shall be notified immediately of the reason for
not abating the complaint followed by a written report to the Director
within five (5) days. If the complaints are not abated within the time
specified or to the satisfaction of the Director, the Director may
correct the specific complaint and the total cost incurred by the City
will be deducted and forfeit from the payments owing to the Contractor
from the City.
1
B. SAFETY
8.01 Contractor agrees to perform all work outlined in this
Agreement in such a manner as to meet all accepted standards for safe
practices during the maintenance operation and to safely maintain
stored equipment, machines, and materials or other hazards
consequential or related to the work; and agrees additionally to
accept the sole responsibility for, complying with all local, County,
State or other legal requirements including but not limited to, full
compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A.
Safety Orders at all times so as to protect all persons, including
Contractor's employees, agents of the City, vendors, members of the
public or others from foreseeable injury, or damage to their property.
Contractor shall inspect all potential hazards at said facilities and
SP10
keep a log indicating date inspected and action taken.
8.02 It shall be the Contractor's responsibility to inspect,
and identify, any condition(s) that renders any portion of the
premises unsafe, as well as any unsafe practices occurring thereon.
The Director shall be notified immediately of any unsafe condition
that requires major correction. Contractor shall be responsible for
making minor corrections including, but not limited to; filling holes
in turf areas and paving, using barricades or traffic cones to alert
patrons of the existence of hazards, replacing valve box covers, and
securing play apparatus so as to protect members of the public or
others from injury. During normal hours Contractor shall obtain
emergency medical care for any member of the public who is in need
thereof, because of illness or injury occurring on the premises.
Contractor shall cooperate fully with City in the investigation of any
accidental injury or death occurring on the premises, including a
complete written report thereof to the Director within five (5) days
following the occurrence.
9. HOURS AND DAYS OF MAINTENANCE SERVICES
9.01 The basic daily hours of maintenance service shall be
as follows:
a. During the months of November through April 7:00
a.m. to 3:30 p.m.
to 2:30 p.m. b. During the months of May through October 6:00 a..m.
9.02 Contractor shall provide staffing to perform the
required maintenance services during the prescribed hours seven (7)
days per week, Sunday through Saturday. Any changes in the days and
hours of operation heretofore prescribed shall be subject to approval
by the Director.
9.03 Per State of California Labor Code, Contractor is
directed to the following prescribed requirement with respect to the
hours of employment. Eight (8) hours of labor under this Agreement
shall constitute a legal day's work and said Contractor shall not
require or permit any laborer, worker or mechanic, or any
subcontractor employed by him to perform any of the work described
herein to labor more than eight (8) hours during any one day or more
than forty (40) hours during any one calendar week, except as
authorized by Labor Code Section 1815, under penalty of paying to the
City the sum of Twenty-five Dollars ($25.00) for each laborer, worker
or mechanic employed in the execution of said Agreement by him, or any
subcontractor under him, upon any of the work included in said
Agreement for each calendar day during which such laborer, worker or
mechanic is required or permitted to labor more than eight (8) hours
in any one calendar day or forty (40) hours in any one calendar week,
in violation of the provisions of Section 1811 to 1815, inclusive, of
the.Labor Code of the State of California.
10. MAINTENANCE SCHEDULES
SP11
10.01 Contractor shall, within ten (10) days after the
effective date of this Agreement, submit a facility work schedule to
the Director for review and approval. Said work schedule shall be set
on an
annual calendar identifying and delineating the time frames for the
required functions by the day of the week, morning and afternoon.
10.02 The Contractor shall submit revised schedules when
actual performance differs substantially from planned performance.
Said revisions shall be submitted to the Director for his review, and
if appropriate his approval, within five (5) working days prior to
scheduled time for the work.
10.03 The above provisions are not construed to eliminate the
Contractor's responsibility in complying with the requirements to
notify the Director for Specialty Type maintenance as set forth
immediately hereinafter.
10.04 Contractor shall notify the Director, in writing, at
least two (2) weeks prior to the date and time of all "Specialty Type"
maintenance operations. "Specialty Type" operations are defined as:
a. Fertilization
b. Turf renovation/reseeding
c. Micro-Nutrients/soil amendments
d. Spraying of trees, shrubs or turf
e. Aesthetic tree pruning
f. Other items as determined by the Director.
11. CONTRACTOR'S STAFF
11.01 The Contractor shall provide sufficient personnel to
perform all work in accordance with the specifications set forth
herein. Contractor's employees, whether assigned to any one facility
or as part of a crew serving any number of facilities, shall include,
at least one individual who speaks the English language proficiently.
11.02 Contractor shall transfer or discharge any employee
whose conduct or activity shall, in the reasonable exercise of
discretion by the Director, be deemed detrimental to the interest of
the public patronizing the premises. Contractor shall transfer or
discharge any such person within a reasonable time following notice
therefor from the Director and such person shall not be employed at
any City Parks and Recreation facility contracted for and maintained
by, the Contractor.
11.03 Director may require the Contractor to establish an
identification system for personnel assigned to the facility which
clearly indicates to the public the name of the Contractor responsible
for the landscape and grounds maintenance services. The
identification system shall be furnished at the Contractor's expense
and may include appropriate attire and/or name badges as specified by
the Director.
11.04 The Contractor shall require each of his employees to
adhere to basic public works standards of working attire. These are
basically; uniforms, proper shoes and other gear required by State
Safety Regulations, and proper wearing of the clothing. Shirts shall
be worn at all times and buttoned.
SP12
12. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter
upon the premises or improvements thereon, unless prior approval
therefor is obtained from the Director.
13. UTILITIES
13.01 The City shall pay for all utilities with the exception
of the telephone. However, water usage shall not exceed amount
required to comply with irrigation schedules established by the
Contractor and approved by the Director. Contractor shall pay for all
excessive utility usage due to Contractor's failure to monitor
irrigation system malfunctions or unauthorized increases in the
frequency of irrigation. The excess cost will be determined by
comparing current usage with historical usage for the same time
period. The excess cost factor, to be deducted from payments to
Contractor from City will be presented to the Contractor by the
Director prior to actual deduction to allow for explanations.
14. NON-INTERFERENCE
14.01 Contractor shall not interfere with the public use of
the premises and shall conduct its operations as to offer the least
possible obstruction and inconvenience to the public or disruption to
the peace and quiet of the area within which the services are
performed.
15. STORAGE FACILITIES
15.01 City, at its discretion, may provide storage and office
facilities for Contractor's use within the premises. In such case,
Contractor is prohibited from use of*said facilities for the conduct
of any of its business interests that are outside the scope of this
Agreement. Further, said facilities shall not be used for human
habitation, other than a night-watchman or patrolman as specifically
approved by the Director.
15.01.01 Contractor, at its own risk, may store equipment and
materials required for maintenance of the premises in said facilities.
However, Contractor must, at all times, employ the use of such safety
standards and handling procedures as are applicable to such equipment
and materials.
15.02 Contractor shall not dispose of hazardous materials on
the premises. All such hazardous materials collected on the premises
shall be properly stored on a temporary basis, thereafter to be
disposed of by Contractor at an approved disposal site.
15.03 Damage or loss to Contractors equipment, materials
and/or personal property shall be at Contractor's sole risk and
expense. Contractor hereby agrees to hold City harmless and waive any
claims for damages for loss of use of any equipment, materials and/or
personal property that may occur at City provided storage facilities.
SP13
16. USE OF CHEMICALS
16.01 All work involving the use of chemicals shall be in
compliance with all Federal, State and local laws and will be
accomplished by or under the direction of a State of California
Licensed Pest Control Operator. A written recommendation by a person
possessing a valid California Pest Control Advisor License is required
prior to chemical application.
16.02 A listing of proposed chemicals to be used including;
commercial name, application rates and type of usage shall be
submitted to the'Director for approval at the commencement of the
contract. No work shall begin until written approval of use is
obtained from the Director.
16.03 Chemicals shall only be applied.by those persons
possessing a valid California Pest Control Applicator's license.
Application shall be in strict accordance with all governing
regulations.
16.04 Records of all operations stating dates, times, methods
of application, chemical formulations, applicators names and weather
conditions shall be made and retained in an active file for a minimum
of three (3) years
16.05 All chemicals requiring a special permit for use must
be registered with the County Agricultural Commissioner's Office and a
permit obtained with a copy to the City of Diamond Bar Parks
Department.
16.06 All regulations and safety precautions listed in the
"Pesticide Information and Safety Manual" published by the University
of California shall be adhered to.
16.07 Chemicals shall be applied when air currents are still;
preventing drifting onto adjacent property and preventing any toxic
exposure to persons whether or not they are in or near the area of
application.
SP14
II. ON-GOING MAINTENANCE TASKS
1. MOWING - Operation
1.01 Mowing operations shall be performed in a workmanlike
manner that ensures a smooth, surface appearance without scalping or
allowing excessive cuttings to remain.
1.02 Turf shall be mowed with a reel -type mower equipped with
rollers or a rotary -type mower.
1.03 All equipment shall be adjusted to the proper cutting
heights and shall be adequately sharpened.
1.04 Mowing height shall be no less than 3/4 inch for all turf
areas. Mowing height may be set as high as 1, inches with one (1) inch
being considered normal. Mowing heights may vary for special events and
conditions.
1.05 Mowing operation shall be completely performed
forty-three (43) times per year.
1.06 Mowing operation shall be scheduled Monday through
Thursday.
1.07 Walkways shall be cleaned, immediately following each
mowing.
2. MOWING - Frequency
All turf areas shall receive no less than the following:
2.01 During the warm season (April to November) all turf areas
shall be mowed no less than once every week for a total mowing frequency
of thirty-five (35).
2.02 During the cool season (December to March) all turf areas
shall be mowed no less than once every two weeks for a total mowing
frequency of eight (8).
3. MECHANICAL EDGING - operation
3.01 All, turf edges, including designed edges in flower beds,
shall be kept neatly edgedand all grass invasions must be eliminated.
3.02 All turf edges, including but not limited to; sidewalks,
patios, drives, curbs, shrub beds, flower beds, groundcover beds, around
tree bases, and along lakes and streams shall be edged to a neat and
uniform line.
3.03 Mechanical edging of turf shall be completed as one
operation in a manner that results in a well-defined, V-shape edge that
extends into the soil. Such edging shall be done with a power edger
with a rigid blade.
3.04 All turf edges shall be trimmed or limited around;
sprinklers to provide optimum water coverage, valve boxes, meter boxes,
backflow devices, park equipment and other obstacles.
3.05 All groundcover areas where maintained next to turf areas
shall be kept neatly edged and all grass invasions eliminated.
SP15
4. MECHANICAL EDGING - Frequency
4.01 Mechanical edging of turf shall be performed twenty-six
(26) times per year.
4.02 Mechanical edging of all groundcover areas shall be
completed six (6) times per year.
5. CHEMICAL EDGING AND DETAILING - Operation
5.01 Chemical application may be used in and around areas such
as planters, areas adjacent to buildings, trees, fence lines, sprinkler
heads, etc. Prior to application of chemicals, all areas shall be
trimmed to proper mowing height. Chemicals shall be applied in a manner
to limit drift to six (6) inches. Precautionary measures shall be
employed since all areas will be open for public during application.
5.02 Spot treat with a portable sprayer or wick wand using an
herbicide approved by the Director and applied per manufacturer's
recommendations. Water shall not be applied to treated areas for
forty-eight (48) hours after each application.
5.03 Where trees and shrubs occur in turf areas, all grass
growth shall be limited to at least eighteen (18) inches from the trunks
of trees and away from the dripline of shrubs by use of approved
chemicals.
5.04 Linear chemical edging of turf boundaries may be
performed in a manner that,ensures a defined turf edge and limits its
encroachment into beds or across boundaries where it is impractical to
edge mechanically. A twelve (12) inch barrier width shall be considered
normal.
5.05 Detailing of sprinkler heads (to provide maximum water
coverage), valve boxes, meter boxes, and similar obstacles in turf areas
may be performed in a manner that ensures operability, ease of location
and/or a clean appearance. A six (6) inch clearance shall be considered
normal.
6. CHEMICAL EDGING AND DETAILING - Frequency
6.01 Chemical edging and detailing operations shall be
completed once every three (3) months .
7. WEED CONTROL AND REMOVAL - operation I-
7.01 All grass -like type weeds, morning glory or vine -weed
types, ragweed or other underground spreading weeds shall be kept under
strict control.
7.02 Remove all weeds and grass from the following areas:
roadways; driveways; parking lots patios; drainage areas; slopes;.
hillsides; and expansion joints in all hard surface areas.
7.03 Remove all weeds, mechanically, from shrub beds,
planters, and other cultivated areas.
7.04 Weeds treated with a contact weed chemical shall be left
in place for a minimum of seven (7) days. If kill is not complete;
SP16
additional application(s) shall be made, at no additional cost to the
City, until target species are eliminated.
7.05 Weeds treated using a systemic chemical shall be left in
place per manufacturer's recommendation. If kill is not complete by the
time specified in the manufacturer's recommendation a second
application, at no additional cost, shall be made.
7.06 After complete kill all dead weeds shall be removed from
the area.
8. WEED CONTROL AND REMOVAL - Frequency
8.01 Chemical application: Beds, planters, walkways, hard
court areas, picnic pavilions, drainage are patios, expansion joints in
all hard surface areas, roadways, parking lots, drainage areas, slopes,
and hillsides: once every month.
8.02 Mechanical Removal: shrub beds, planters, cultivated
areas; once per week.
8.03 Inspect, spot treat or mechanically remove weeds as
necessary.
9. LITTER CONTROL - Operation
9.01 Complete policing and litter pick-up to remove paper,
glass, trash, undesirable materials, siltation and other accumulated
debris within the hard surfaces, stadium and landscaped areas to be
maintained, including but not limited to: walkways, roadways between and
around planted areas, steps, planters, drains, areas on slopes from the
toe of slope to ten feet up the slope, catch basins, play equipment, and
sand areas.
9.02 Complete policing, litter pick up and supplemental hand
sweeping of parking lot corners and other parking lot areas inaccessible
to power equipment shall be accomplished to ensure a neat appearance.
9.03 Complete removal of floating debris and litter in lakes
and/or streams.
9.04 Litter pick-up shall be completed as early in the day as
possible, but in no case later than 10 :00 a.m.
9.05 Trash cans and any other large materials placed into the.;
lakes or streams shall be removed.
10. LITTER CONTROL Frequency
10.01 Turf, beds, planters, walkways, hard court areas, play
areas, picnic pavilions and stadium areas, sand areas, patios, drainage
areas; the above described slope areas, roadways, parking lots, and
lakes and streams; daily seven (7) days per week.
10.02 Trails; and, developed and irrigated slope areas: once
per week.
SP17
11. TRASH CONTAINERS - Operation
11.01 Exterior trash containers shall be emptied prior to 10:00
a.m. and all materials shall be placed in appropriate trash bin(s).
11.02 Receptacles shall be conveniently located for the public
use, and returned daily to such locations if receptacles are displaced
by third parties.
11.03 Containers or related appurtenances shall be cleaned, and
painted to avoid concentrations of insects and not detract from the
overall appearance of the area.
11.04 Containers shall be painted international yellow and
stenciled as needed.
11. 05 All containers or receptacles shall be installed securely
to prevent tipping.
11. 06 Containers shall be fifty-five (55) gallon drums.
12. TRASH CONTAINERS - Frequency
12.01 Empty exterior trash containers or receptacles; daily
seven (7) days per week.
12.02 Clean and paint exterior trash containers or receptacles;
once annually.
13. TRASH BIN REMOVAL - Operation
13.01 All trash and accumulated debris shall be placed in
appropriate designated trash bin(s) each day.
13.02 A designated storage area will be provided for the trash
bin(s).
13.03 Contractor shall be responsible for providing all
necessary trash bins; and off-site removal of all trash and accumulated
debris to an approved disposal site.
14. TRASH BIN REMOVAL - Frequency
14.01 Trash bin removal; at least once per week or as otherwise
approved by Director.
14.02 Trash trucks shall not be permitted on park turf areas.
15. RARING - Operation
15.01 Accumulation of leaves shall be removed from all
landscaped areas including beds, planters and turf areas under trees and
placed in appropriate trash bin(s).
16. RAILING - Frequency
16.01 Planters, planter beds and turf areas under trees; once
a month.
sPls
17. PRUNING AND HEDGE TRIMMING - Operation
17.01 Clearance
a. Maintain trees to achieve a seven (7) foot clearance
for all branches within the park area and fourteen (14) foot clearance
for branches overhanging beyond curb line into the paved section of
roadways. Prune all plant materials where necessary to maintain access
and safe vehicular and pedestrian visibility and clearance and to
prevent or eliminate hazardous situations.
b. All wounds one inch in diameter or over shall be
painted with an asphaltic base tree paint immediately after pruning.
17.02 Trim designated formal plant materials to maintain formal
hedges and topiary work.
17.03 Plant ties shall be checked frequently and either retied
to prevent girdling or removed along with the stakes when no longer
required.
17.04 Remove all new growth on trees up to the appropriate
height clearances.
17.05 Remove all dead shrubs and trees. Trees to be removed
shall have a caliper of three (3) inches or less measured six (6) inches
above the ground level.
17.06 Staking and Tvinq
a. Replacement of missing or damaged stakes where the
tree diameter is less than three (3) inches.
b. Stake in those cases where tree has been damaged and
requires staking for support.
C. Stake new trees or recently planted trees which have
not; previously been staked.
d. Materials
1. Tree stakes, two (2) per tree, shall be
pentachlorophenol treated lodge pole pine not less than eight (8) feet
in length for five (5) gallon size trees not less than ten (10) feet for
fifteen (15) gallon trees.
2. Guy wires where required and plant ties will be
of pliable, zinc -coated ten (10) gauge using two (2) ties per tree.
3. Hose for covering wire shall be either new or
used garden hose at lease one-half (Z) inch in diameter (hose ties
should allow for minimum of three (3) additional inches of clearance
beyond the diameter of theibranch or trunk being secured).
4. Stakes will not be placed closer than eight (8)
inches from the bark.
17.07 Groundcover
All dead, diseased and unsightly branches, vines or other
growth shall be removed as they develop. All groundcover areas shall be
pruned to maintain a neat edge along planter box walls. Any runners that
start to climb buildings, shrubs or trees shall be pruned out of these
areas.
17.08 Damaged trees shall be staked and tied within twenty-four
(24) hours. Replacement stakes or new staking shall be completed within
five days.
FW!*Vlj
18. PRUNING AND HEDGE TRIMMING - Frequency, As Determined by Director.
18.01 Trees: Clearance pruning; As Needed.
18.02 Groundcover thinning; As Needed.
18.03 Pruning plant material for vehicular and pedestrian
visibility and access; As Needed.
19 . SWEEPING/WASHING - Operations
19.01 Check concrete areas for cracks, crevices and deteriora-
tion and notify Director in writing within twenty-four (24) hours.
19.02 Walkways, steps, hard court areas, and patios shall be
cleaned including but not limited to; the removal of all foreign objects
from surfaces such as gum, grease, paint, graffiti, broken glass, etc.
19.03 Methods for sweeping of designed areas can incorporate
one or all of the following:
a. Power pack blowers
b. Vacuums
C. Brooms
d. Push power blowers
19.04 In the event the Contractor elects to use power equipment
to complete such operations, Contractor shall be subject to local
ordinances regarding noise levels. Further, any schedule of such
operations may be modified by Director in order to insure that the
public is not unduly impacted by the noise created by such equipment.
19.05 Supplemental hand sweeping of parking lot corners and
other parking lot areas are required in those areas inaccessible to
power equipment..
20. SWEEPING/WASHING - Frequency
20.01 Sweeping of hard surface areas, parking lot corners,
walkways, steps, hard court and stadium areas; once per week.
20.02 Washing of the following areas:
a. Picnic pavilions and patios used in conjunction with
food service areas shall be washed twice per week as instructed by the
Director.
b. Tennis courts and hard surface area; Once per week.
C. Stadiums; once per month.
20.03 Director may suspend or modify washing of hard surfaces
in response to drought situations.
21. ALGAE AND AQUATIC GROWTH CONTROL -.Operation
21.01 Lakes and streams shall be maintained free of algae and
aquatic growth.
21.02 Chemicals used in control of algae and aquatic growth
shall -be approved for use by the Agricultural Commissioner's Office.
21.03 Chemicals used for control of algae and aquatic growth in
lakes where fish are stocked must be approved by the Director for use in
fisheries and not used in percentages that are harmful to fish.
SP20
21.04 Adjacent walkways and patio areas shall be maintained
free of algae.
22. ALGAE AND AQUATIC GROWTH CONTROL - Frequency
22.01 Control of algae in lakes and streams, twenty (20) times
per year during the months of March through December as requested by the
Director.
22.02 Control of aquatic growth in lakes and streams; two (2)
times per year as scheduled by Director.
23. PICNIC AREAS AND PAVILIONS MAINTENANCE - Operation
23.01 Picnic tables, benches, slabs, braziers and trash
containers and receptacles shall be cleaned to insure safe use by.the
public.
23.02 Picnic tables and benches shall be checked for graffiti,
carvings, looseness of planks or braces, cleanliness and general need of
repair.
23.03 Cooking grills, braziers, fireplaces and fire rings shall
be inspected for general need of repair.
23.04 The Contractor's observation of the general need of
repair or replacement of loose planks or braces, braziers and fireplaces
shall be immediately reported to the Director.
23.05 Ashes, partially burned charcoal, garbage and leftover
food in and around cooking and picnic facilities shall be removed.
23.06 The entire picnic area shall be kept free of broken
glass, cans, pop tops, paper, etc.
24. PICNIC AREAS AND PAVILIONS MAINTENANCE - Frequency
24.01
Inspect tables, benches, braziers, fireplaces and fire
rings; daily,
seven (7) days per week.
24.02
Spot Clean tables, benches, braziers and pads; As Needed.
24.03
Empty trash containers and receptacles; daily, seven (7)
days per week.
i
24.04
Wash trash containers once every two (2) weeks.
24.05
Wash and disinfect tables and benches; Once per week.
24.06
Wash picnic hard surface areas; Once per week.
24.07
Clean braziers and fire rings; Once per week.
24.08
Clean and disinfect drinking fountains; Daily, seven (7)
days per week..
24.09
Remove litter; Daily, Seven (7) days per week.
24.10
Sweep picnic hard surface areas; Daily, seven (7) days
per week.
25. PLAYGROUND EQUIPMENT operation
25.01 All playground sites and equipment shall be inspected at
the start of each work day, and the sand cleaned and raked level to
SP21
remove any foreign and hazardous material and be neatly groomed.
25.02 Any equipment showing signs* of wear, fatigue or otherwise
presenting an unsafe condition shall be reported immediately to the
Director.
25.03 Special attention shall be made to low sand areas, around
play equipment. These sand areas shall be leveled by distributing sand
from high areas to low areas.
25.03.01 During the leveling and distribution of sand no concrete
footing shall be exposed that could allow children to trip over or fall
on.
25.03.02 During regular maintenance the raking and filling of
depressions shall be done in a manner to prevent material compaction.
25.03.03 The raking and distribution of sand around and below the
play equipment shall have a cushioning potential and this condition
shall extend for eight (8) feet beyond any part of the play equipment.
25.04 All sand play areas shall be maintained free of litter,
cans, pop tops, broken glass and other harmful and unsightly debris.
25.05 All sand areas shall be rototilled to the maximum depth
that will allow complete loosening of the sand but will not cause lower
base material to be mixed in with the sand. After rototilling all areas
shall be raked level.
26. PLAYGROUND EQUIPMENT - Frequency
26.01 Inspect playground site and equipment; Daily, seven (7)
days per week.
26.02 Clean, regrade, rake and remove litter from sand area;
Daily, seven (7) days per week.
26.03 Sweep walks around sand play areas and return sand to
play area; Daily seven (7) days per week.
26.04 Rototill sand in playground areas by the 10th of each
month. Twelve (12) times each year.
27. RESTROOM MAINTENANCE - Daily Operation, Seven (7) days per week.
27.01 All restrooms shall be cleaned thoroughly in accordance
with the following tasks, and all tasks shall be completed and restrooms
opened for public use prior to 8 a.m., unless otherwise specifically
authorized by Director.
27.02 Pick up debris and trash, then sweep floor. Removed
materials are not to be swept outside of the restroom.
27.03 Empty trash and napkin receptacles, replace liners as
needed.
27.04 Check and refill all dispensers as needed.
27.05 Replace burnt out light bulbs or tubes, inside of
restroom and security lights outside.
27.06 Remove all graffiti using graffiti removal materials or
other scrubbing techniques.
27.07 Remove spitballs, cobwebs, and other foreign materials
from doors, walls, ceiling, partitions, vents, etc.
27.08 Do high and low dusting of ledges, tops of partitions,
etc. using a dampened cloth or other device.
SP22
27.09 Disinfect the inside of urinals and toilets.
27.10 Disinfect the top and bottom of toilet seats, fixtures,
and surfaces of and surrounding each fixture.
27.11 Disinfect stall walls and other areas where hands are
normally placed. Clean doors and door frames.
27.12 Disinfect around urinals, under sinks, around floor
drains, and other areas where bacteria might breed.
27.13 Disinfect sinks, dispensers, receptacles, trash
containers, and walls around such areas.
27.14 clean mirrors.
27.15 Scrub sinks and wipe dry. Use a small scrub brush to
clean corners, cracks, and narrow areas.
27.16 Scrub inside surfaces of toilets and urinals. Be sure to
scrub upper lip. Do not flush.
27.17 Scrub outside of toilets, urinals, and rear wall.
27.18 Wipe toilet seats, toilet bowls, urinals, and fixtures
until dry.
27.19 Spot clean walls. and scrub handprints, etc. from walls
and partitions and wipe dry.
27.20 Disinfect and mop floors, making sure that corners,
drains, areas around toilets, and Jeet of partitions are thoroughly
cleaned and there is no accumulation of dirt or other matter. Leave the
floor as dry as possible .
27.21 Wipe off cove base and remove mop strands caught around
posts, etc.
27.22 Replace receptacles and trash containers following their
cleaning.
27.23 Deodorize the restrooms.
27.24 Immediately notify Director .of any irregularities or
hazards.
27.25 If running water, broken fixtures, or plugged sewer lines
cannot be normalized or isolated, the restroom is to be locked and the
Director immediately notified.
27.26 Remove graffiti from the outside of the restroom building
and wash off any other dirt clods, mud, or foreign materials.
27.27 Clean top and sides of drinking fountains outside of
restrooms and clear drains.
it.
27.28 Disinfect dr7 inking fountains, scrub the fixtures, and dry
27.29 All areas are to be left clean and free of streaks,
stains, film, debris, water spots, and odors. All fixtures shall be
clean; including piping.
27.30 Make sure that supplies are in their appropriate
dispensers and in adequate amounts to meet the demand.
27.31 , All leaking fixtures; clogged drains; stopped up or
damaged basins, toilets, or urinals; and damaged or inoperable lighting
fixtures that cannot be repaired by the following shall be reported to
the Director: (a) tightened to stop leaks (b) unclogged by using a
"plumber's helper" or short snake.
SP23
28. RESTROOM MAINTENANCE - Weekly operation; once per week.
The following tasks shall be completed the day prior to the scheduled
inspection date.
28.01 Perform the following tasks prior to commencing the daily
task identified in paragraph 27.07:
a. By using a plumber's help (plunger), lower water
levels in toilet bowls below water line and use a bowl cleaner to
descale and dissolve water rings on the bowls and under the flushing
rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush.
b. Using a bowl cleaner, descale and dissolve water
rings on urinal surfaces and under the flushing rim allowing the bowl
cleaner to soak for 20 to 30 minutes. Do not flush.
C. Following the soaking period, scrub the bowls and
urinals to remove deposits and stains and then flush the toilet bowls
and urinals.
28.02 Perform the following task prior to commencing the daily
task identified in paragraph 27.14:
- Wash all windows.
28.03 Perform the following task prior to commencing the daily
task identified in paragraph 27.15:
- Scrub underneath sink and disinfect.
28.04 Perform the following task prior to commencing the daily
task identified in paragraph 27.18:
- Disinfect and completely wipe dry all partitions,
doors, door frames, metal plates, handles and hinges.
28.05 Perform the following task prior to commencing the daily
task identified in paragraph 27.19:
- Scrub and clean all base molding and "hard to get at" -
areas.
28.06 Use only materials that are not caustic or damaging to
the fixtures being cleaned.
28.07 Clean light fixture covers.
29. AERIFICATION - Operation
29.01 Aerate all turf areas by using a device that removes
cores to a depth of two (2) inches at not more than six (6) inch
spacing.
30. AERIFICATION - Frequency
30.01 Aerify turf area three (3) times per year from April to
November; once every twelve (12) weeks.
31. WATERING AND IRRIGATION SYSTEM MAINTENANCE
31.01 Since water requirements by plants vary according to the
season and a particular year, extremely close attention shall be paid to
the demands of the plants as influenced by their exposure to sun, wind,
SP24
shade, and location in the individual planters. The variation in the
size of plants installed as well as the varieties, shall'be taken into
consideration. All landscaped and turf areas shall be irrigated as
required to maintain adequate growth and appearance with a schedule most
conducive to plant growth. The delivery of adequate moisture to the
landscaped areas shall include, but not be limited to: hand watering,
operation of manual valves, proper utilization of automatic controllers,
and the bleeding of valves.
31.02 Adequate soil moisture will be determined by programming
the irrigation system as follows:
a. Adjusting and setting of the automatic controller to
establish frequency and length of watering period.
b. Consideration must be given to the soil conditions,
humidity, minimizing runoff and the relationship of conditions which
affect day and night watering. This may include day time watering
during freezing weather to prevent icy conditions and manual operation
of the irrigation system and/or hand watering with portable sprinklers
during periods of windy or inclement weather.
C. A soil probe shall be used to a depth of twelve (12 )
inches to determine the water penetration by random testing of the root
zones.
31.03 Watering shall be regulated to avoid interference with
any use of the facility's roadways, paving or walks.
31.04 In the areas where wind creates problems of spraying
water onto private property or road right-of-ways, the controllers shall
be set to operate during the period of lowest wind velocity which would
normally occur at night or early morning hours.
31.05 Irrigation system will be controlled in such a way as not
to cause any excessively wet or "waterlogged" areas which could
interfere with the ability to now all turf. "In lawn" trees and other
planting shall be protected from overwatering and run-off drowning.
31.06 New turf (up through the sixth mowing) shall be watered
immediately after mowing. Well established turf shall not be watered for
at least four (4) hours after mowing.
31.07 All groundcover areas shall be watered as needed to
maintain a healthy condition, with appropriate care being taken not to
overwater in shady areas.
31.08 Contractor shall maintain in an operational state at all
times the irrigation system consisting of automatic controllers, risers,
and sprinkler heads. All irrigation systems shall be regularly
inspected, tested and maintained in accordance with the specifications
and frequencies specified herein.
31.09 Should Director deem it necessary for proper irrigation
system maintenance particularly with regard to repairs to valves and
sprinklers heads, Contractor shall provide, at no additional cost,
personnel fully trained in all phases of landscape irrigation systems,
including but not limited to; the operation, maintenance, adjustment and
repair of said systems and their components.
31.10 Contractor is responsible, each year for performing the
following tasks:
controllers. a. Setting, scheduling and monitoring all irrigation
status. b. Inspecting and reporting of irrigation system
SP25
h. Providing ," worm drive bands for securing risers to
stakes.
i. Flushing irrigation pipelines.
j. Replacement of valve box covers due to normal wear,
vandalism and third party negligence.
k. Contractor shall confer with the Director regarding
the need for replacement or relocation of inoperable sprinkler heads.
City may require the Contractor, at no additional cost, to relocate the
inoperable sprinkler head(s) to those areas within the facility
identified by the Director.
31.11 City is responsible for the following components of the
irrigation system as follows: sprinkler heads with a 3/4" inlet or
greater, quick couplers, remote control valves, gate valves, automatic
controller repairs, and backflow devices. Contractor shall notify
Director, of any damaged or inoperable major components identified
above, indicating the problem, size and type of irrigation equipment.
31.12 Replacement by Contractor of all irrigation components
provided by City to Contractor shall be completed within twenty-four
(24) hours upon receiving the component from the City.
31.13 Replacements for the irrigation system shall be with
originally specified equipment of the same size and quality or
substitutes approved by the Director prior to any installation thereof.
31.14 Complete piping replacement of the irrigation system is
not required by the Contractor. Contractor may be required to replace
or repair leaking main and lateral irrigation lines. Said work shall be
considered Additional Work and shall be compensated as provided herein-
before.
32. IRRIGATION SYSTEM OPERABILITY AND TESTING - Operation
32.01 In order to insure the operability of the irrigation
system, Contractor shall sequence controller(s) to each station manually
to check the function of all facets of the irrigation system and report
any damage or incorrect operation to the Director.
32.02 During the testing Contractor shall:
a. Adjust all sprinkler heads for correct coverage, to
prevent excessive runoff and/or erosion and to prevent the spread of
onto roadways, sidewalks, hard surface areas and private property.
b. Unplug clogged heads and flush lines to free lines
of rocks, mud and debris.
C. Replace or repair inoperable irrigation equipment.
SP26
C.
Adjusting
and cleaning of sprinkler heads.
d.
Repair or
replacement of sprinkler heads having a z"
inlet.
e.
Locate and document malfunctioning and/or inoperable
sprinkler
heads having a 3/4"
or larger inlet. Remove such heads, and,
replace same with
heads as
provided by, and as instructed by, the
Director.
f.
Providing
nipples, caps, plugs, elbows, couplings,
etc.
g.
Providing
1" x 1" x �" inch angle iron, 30 inches in
length for
supporting risers on slopes and in beds.
h. Providing ," worm drive bands for securing risers to
stakes.
i. Flushing irrigation pipelines.
j. Replacement of valve box covers due to normal wear,
vandalism and third party negligence.
k. Contractor shall confer with the Director regarding
the need for replacement or relocation of inoperable sprinkler heads.
City may require the Contractor, at no additional cost, to relocate the
inoperable sprinkler head(s) to those areas within the facility
identified by the Director.
31.11 City is responsible for the following components of the
irrigation system as follows: sprinkler heads with a 3/4" inlet or
greater, quick couplers, remote control valves, gate valves, automatic
controller repairs, and backflow devices. Contractor shall notify
Director, of any damaged or inoperable major components identified
above, indicating the problem, size and type of irrigation equipment.
31.12 Replacement by Contractor of all irrigation components
provided by City to Contractor shall be completed within twenty-four
(24) hours upon receiving the component from the City.
31.13 Replacements for the irrigation system shall be with
originally specified equipment of the same size and quality or
substitutes approved by the Director prior to any installation thereof.
31.14 Complete piping replacement of the irrigation system is
not required by the Contractor. Contractor may be required to replace
or repair leaking main and lateral irrigation lines. Said work shall be
considered Additional Work and shall be compensated as provided herein-
before.
32. IRRIGATION SYSTEM OPERABILITY AND TESTING - Operation
32.01 In order to insure the operability of the irrigation
system, Contractor shall sequence controller(s) to each station manually
to check the function of all facets of the irrigation system and report
any damage or incorrect operation to the Director.
32.02 During the testing Contractor shall:
a. Adjust all sprinkler heads for correct coverage, to
prevent excessive runoff and/or erosion and to prevent the spread of
onto roadways, sidewalks, hard surface areas and private property.
b. Unplug clogged heads and flush lines to free lines
of rocks, mud and debris.
C. Replace or repair inoperable irrigation equipment.
SP26
d. All system malfunctions, damage and obstructions
shall be recorded, reported to the Director and corrective action taken.
32.03 In addition to regular testing, all irrigation systems
shall be tested and inspected as necessary .when damage is suspected,
observed or reported.
32.04 Repair/replace malfunctioning sprinkler heads within one
(1) watering cycle.
32.05 Correct malfunctioning irrigation systems and equipment
within two (2) hours of identification or following verbal notification.
32.06 Control the irrigation system during inclement weather
conditions and limit the use of water concurrent with the weather
situation to the satisfaction of the Director.
32.07 Flushing of the irrigation lines of grit and gravel shall
be done by removing the last head on each lateral and operating the
system until those materials are expelled.
32.08 Due to current drought situations, Contractor will shut
off all irrigation controllers in the event of rain. The Director may
instruct irrigation shut -down, to be accomplished within two (2) hours
of notification.
33. IRRIGATION SYSTEM OPERABILITY AND TESTING - Frequency
Operation and maintenance of the irrigation system shall receive no
less than the following:
33.01 Inspect for operability and proper adjustment of
controllers quick couplers, valves, and sprinkler heads; once per week
or more frequently if problems/conditions indicate a need.
33.02 Ad just and correct for coverage; as needed.
33.03 Repair and or replace, as determined by the Director,
damaged or inoperable sprinkler heads; as needed.
33.04 Flush irrigation pipeline; once every four (4) months.
33.05 Check valve boxes for safety and security purposes; daily
seven (7) days per week.
33.06 1 Schedule controllers; as needed to comply with watering
requirements of the premises.
34. BALLFIELD MAINTENANCE AND PREPARATION - Operation
All ballfield areas within the premises shall be maintained at a
level that insures a safe playing condition. Said ballfields, including
appurtenant backstops, fencing, bleachers and walkways shall be
inspected daily and the Director informed immediately thereafter, of any
hazardous conditions thereat, or of any supplemental needs therefor.
34.01 Ballfield Preparation
The following progression is necessary to prepare a
ballfield for each day's play:
a. Lightly water the skinned portion of the infield and
then drag and level with a Maxwell steel Planner Drag or its equal, to
break the crust and regrade the infield.
b. Home plate, pitchers mound, 1 st, 2nd, and 3rd base
areas should be lightly watered. Home plate and pitchers mound will
receive the heaviest watering.
SP27
C. The dampened surface material in the above mentioned
areas shall be loosened, raked, shaped, and leveled. The surface
material that has worked away from these areas must be replaced in the
proper area and tamped down firmly.
d. All other depressions in the skinned area should be
graded level and tamped down firmly.
e. The skinned portion of the diamond shall be
thoroughly watered with the proper amount of water to provide a suitable
condition for dragging. As a rule, the appearance of small water bubbles
should indicate sufficient watering. In the watering of the diamond,
the correct procedure is to water away from the body with the hose to
the rear. Do not walk on the watered areas.
g. As the field dries, check the condition at which it
can be dragged while cleaning and washing down dugouts, bleachers,
concrete pads, and walks around the diamond. Make sure that the runoff
from this operation does not create hazardous or unplayable conditions
in the area.
h. Said drag, similar to a metal foot scraper
constructed of heavy interwoven metal squares, is used to provide a
finished surface.
i. After smoothing the surface with the drag mat, small
pebbles and other debris, shall be removed.
j. Make sure that the base pegs, pitching rubber, quick
couplers, valve box covers and sprinkler heads are visible.
34.02 On-going Maintenance Operations
a. the berm buildup that is created from play and the
dragging operations shall be regularly raked level to insure a smooth
transition between the skinned portion of the infield and the grass
portion of the outfield.
b. Turf and weed encroachment shall be prevented within.
the skinned portion of the ballfield.
C. A smooth line shall be kept between the turf grass
and skinned portion of the ballfield by either mechanically edging or
chemical application.
d. Seasonally excessively wet diamonds may require the
working of the skinned area until it is dry enough to prepare for play.
Acceptable techniques shall be utilized to provide a playable diamond.
e. A soil sterilent or herbicide shall be applied under
all fencing that does not have concrete mow strips.
f. Foul lines and out -of -bound lines that extend into
turf areas shall be burnt in on a regular basis to insure their
visibility.
34.03 Scheduling of Maintenance Operations
a. Ballfield shall be prepared daily, seven (7) days
per week.
34.04 In the event that Contractor elects to use power
equipment to complete such operations, Contractor shall be subject to
local ordinances regarding noise levels. Further, any schedule of such
operations may be modified by Director in order to insure that the
public is not unduly impacted by the noise created by such equipment.
SP28
35. BALLFIELD PREPARATION AND MAINTENANCE — Frequency
35.01 Inspect for safety, and litter and debris removal: seven
(7) days per week.
35.02 Preparation for recreation use; seven (7) days per week.
35.03 Ballfield on-going maintenance: once per month or more
often as determined by the Director.
36. RODENT CONTROL - Operation
36.01 All areas shall be maintained free of rodents including
but not limited, to gophers and ground squirrels causing damage to turf,
shrubs, groundcover, trees and irrigation system.
37. RODENT CONTROL- Frequency
37.01 Inspect for evidence of rodents and control as necessary;
once per week.
38. DRINKING FOUNTAIN MAINTENANCE - Operation and Frequency
38.01 Contractor shall maintain all interior and exterior
drinking fountains by performing the following operation:
a. Drinking fountains shall be cleaned and disinfected
daily, seven (7) days per week.
b. Leaking fixtures, clogged or stopped up drains and
damaged fountains that cannot be repaired by tightening the fixture to
stop the leak, or unclogged by using a "plumber's helper" or a short
snake to clear the drain shall immediately be reported to the Director
orally and thereafter in writing. For leaking fixtures the water valve
shall be turned off.
38.02 City shall be responsible for the repair or replacement
of drinking fountains and fixtures. Additional compensation may be
authorized, at the discretion of the Director, for the Contractor to
perform said work.
39. EXTERIOR BUILDING MAINTENANCE - Operation and Frequency
39.01 Inspect and replace burnt out security lights; Daily, as
needed.
39.02 Clean, scrub fixtures and disinfect top and sides of
drinking fountains outside of building and clear drains; Daily, seven
(7) days per week.
39.03 Remove graffiti using graffiti removal materials or paint
when applicable; Daily, seven (7) days per week.
39.04 Clean storage rooms and outside compounds; Once per week.
39.05 Hose off appropriate areas of building walls and adjacent
shrubbery; once per month.
39.06 Clear all rain gutters; once per month.
SP29
40.
41.
42.
INTERIOR BUILDING MAINTENANCE - Basic operation - 3 days per week.
40.01 Pick-up debris,trash, and remove ,cobwebs and other
foreign materials from doors, walls, ceilings, partitions, vents, etc.
40.02 Dust counter tops and other horizontal surfaces.
40.03 Remove, empty, clean and disinfect all trash receptacles.
40.04 Stack chairs on tables and clear floor area.
40.05 Inspect and replace burnt out lights and tubes.
40.06 Remove all graffiti using graffiti removal materials,
scrubbing techniques or paint when applicable.
40.07 Clean doors, door frames, light switch, kick and push
plates and handles.
40.08 Clean and disinfect top and sides of drinking fountains
and scrub and dry fixtures.
40.09 Sweep and dust mop floors taking care to clean corners
and around obstacles.
40.10 Spot mop around entry ways and all stains and spills.
40.11 Replace chairs, tables and containers, etc.
40.12 Deodorize Room.
40.13 Immediately notify Director of any irregularities or
hazards.
40.14 All areas shall be left clean and free, streaks, stains,
film, debris, water spots and odors.
PARR KITCHEN MAINTENANCE - Operation and Frequency
41.01 All operations shall be performed daily prior to
scheduled activities:
a. Damp clean and sanitize table tops, seats and backs
of chairs and pedestal, or legs.
b. Empty, clean and sanitize all trash containers.
c. Wash and sanitize all walls, splash boards; cupboard
doors, stoves, dispensers, refrigerators and other appliances.
d. Clean and sanitize stoves, ovens, other appliances,
and food preparation surfaces. Note that special care is to be taken in
the selection of products used in the food preparation areas.
e. Thoroughly mop and disinfect floors, taking care to
clean corners and around other obstacles.
f. Inspect and refill all dispensers.
INTERIOR BUILDING MAINTENANCE - Periodic Operations and Frequencies
42.01
42.02
42.03
42.04
42.05
42.06
approve the
42.07
and around
Damp clean ash trays; Once per week.
Wash all windows and glass doors; Once per week.
Dust and disinfect all telephones, once per week.
Dust venetian blinds; Once per week.
Machine buff resilient floors; Once per week .
Strip, clean, refinish and machine polish (Director shall
type of non-skid wax) resilient floors; Once per month.
Park Activity/Meeting Rooms and Offices
a. Thoroughly mop floors, taking care to clean corners
obstacles; twice per week on Mondays and Fridays.
SP30
b. Clean and disinfect all furniture including desks,
chairs and tables; Once per week.
C. Dust all exposed cabinets, book cases, shelves and
legs; Once per week.
43. SLOPES - Operation
Contractor shall maintain all slopes as graded, and shall keep
slopes and edges at the established true, even grades by performing the
hereinafter specified operations and all other work incidental thereto.
43.01 Remove all litter and debris from all developed, and
irrigated slope areas, with particular attention to the area beginning
at the toe -of -slope and proceeding 10 feet up the slope. Should any
debris be present thereby creating a fire hazard such debris shall be
removed immediately .
43.02 Contractor shall keep the irrigation systems operational
and controlled at all times so as to insure the survival of all plant
materials.
43.03 Cut weeds just above the soil line, with equipment
approved by the Director, keeping the root structure and stubble viable
and in place at all times in order to keep the slope stabilized.
43.04 Spray slopes with a non -staining herbicide in areas
within parks as required by Director.
43.05 In the event that such areas exists, a five (5) foot
barrier shall be maintained, clear and weed -free, between homeowners
property and the slope plant materials.
43.06 Contractor is not responsible for maintenance to
undeveloped and natural slope areas. Such areas are defined as
non -irrigated and generally inaccessible.
44. SLOPES - Frequency
44.01 Remove litter and debris, 10 feet up from toe -of -slope;
daily.
44.02 Remove litter and debris from other developed slope
areas; once per week.
44.03 Maintain five-foot barriers; as needed.
44.04 Spray and remove weeds; once every two months.
45. WALKS AND TRAILS - Operation
Contractor shall keep non -concrete walks and trails free of hazards
and litter, and shall maintain the prescribed access routes by
performing the hereinafter specified operations and all other work
incidental thereto.
45.01 Wood chip, crushed rock, and other types of walkways and
trails shall be kept clear for pedestrian and/or vehicular traffic. All
weeds and plant materials shall be cut back to maintain clear access
through such areas.
45.02 Any restrictive posts or barriers shall be maintained in
an operable state.
SP31
45.03 Clear for litter and debris.
46. WALKS AND TRAILS - Frequency
46.01 Areas kept clear for access: once per month.
46.02 Posts and barriers: as needed.
46.03 Litter and debris: once per week.
47. SWALES AND DRAINS - Operation
Contractor shall maintain all swales and drains in an operable
condition, and free of siltation and debris so that water will have an
unimpeded passage to its outlet, by performing the hereinafter specified
operations and all other work incidental thereto.
47.01 Swales shall be inspected and kept clear of all silt,
debris and litter.
47.02 Drains and collection boxes shall be cleaned and cleared
of all debris.
47.03 Drain grates shall be inspected to restrict hazards.
Contractor shall immediately inform the Director of any broken or
missing grates, and secure same to keep the area safe for public use.
48. SWALES AND DRAINS - Frequency
48.01 Swales; inspection and clearance: once per month.
48.02 Drains; cleaned and cleared: once per month.
SP32
III. SEASONAL SPECIALTY TASKS
The following Seasonal Specialty Tasks are to be performed at the
request of the Director for which the Contractor will be compensated per the
identified cost rate as shown on Bid Sheet. For those costs not provided for
elsewhere; Contractor shall submit an estimate in accordance with Section
four (4) of the Specifications.
49. SHRUB AND TREE CARE/PRUNING - Operation
49.01 Tree pruning shall be performed with the intent of
developing structurally sound trees, symmetrical appearance with the
proper vertical and horizontal clearance as follows:
a. All trees shall be trimmed, shaped and thinned.
b. All dead and damaged branches and limbs shall be
removed at the point of breaking.
C. All trees shall be trimmed to prevent encroachment
on private property.
49.02 Prune shrubs to encourage healthy growth habits and for
shape in order to retain their natural form and proportionate size.
Restrict growth of shrubbery to area behind curbs and walkways and
within planter beds by trimming. Under no circumstances shall hedge
shears be used as a means of pruning.
49.03 Pruning Procedures
a. All cuts shall be made sufficiently close, flush if
possible, to the parent stem so that healing can readily start under
normal conditions.
b. All limbs 1211 or greater in diameter shall be
undercut to prevent splitting.
C. All limbs shall be lowered to the ground using a
method which prevents damage to the remaining limbs.
d. All cuts exceeding ;11 shall be treated with an
appropriate tree heal compound.
e. All equipment utilized shall be clean, sharp and
expressly designed for tree pruning.
f. Climbing spurs shall not be used.
49.04 Pruning Criteria
a. The initial step of pruning shall be the removal of
all deadwood, weak, diseased, insect infested and damaged limbs.
b. All trees shall be pruned for vertical and
horizontal clearance. Such clearances are: seven feet (71) for
pedestrian areas and; walkways; fourteen feet (141) for vehicular
roadways.
C. All crossed or rubbing limbs shall be removed unless
removal will result in large gaps in the general outline. Limbs should
extend alternately from the trunk on 12t1 or 2411 spacing.
d. All trees shall be thinned of smaller limbs to
distribute the foliage evenly.
e. All trees shall be trimmed and shaped to provide a
symmetrical appearance typical of the species.
SP33
f. All suckers and sprouts shall be cut flush with the
trunk or limb.
g. No stubs will be permitted.
49.05 All structural weaknesses such as split crotch or limbs,
diseased or decayed limbs, or severe damage shall be reported to the
Director.
49.06 Special emphasis shall be placed upon public safety
during pruning operations, particularly when adjacent to roadways.
49.07 All trimming and debris shall be removed and disposed of
offsite at the end of each day's work.
49.08 All trees which are downed by either natural or unnatural
causes shall be removed and disposed offsite. Where possible stumps
shall be removed to 12 inches below grade and wood chips removed and
hole backfilled to grade.
50. CULTIVATING - Operation
50.01 Cultivate beds and planter areas to ensure a neat
appearance using appropriate equipment designed to loosen the soil to a
depth of three (3) inches. Care shall be taken so as not to disturb
plant materials, or their roots in accomplishing this operation.
51. RENOVATION/VERTICAL MOWING - Operation
51.01 Care shall be taken to avoid unnecessary or excessive
injury to the turf grass.
51.02 Sweep or rake the dislodged thatch from the turf areas
and place in appropriate trash bin(s).
51.03 Standard renovating or vertical mowing type equipment
shall be used.
51.04 Vertical Mowing -Turf
Vertical mow to remove thatch in turf areas, to encourage
healthy growth and to maintain acceptable appearance.
51.05 Renovation -Turf
a. Renovate to the soil line and remove all excessive
thatch in turf area.
b. After thatch is removed and upon completion of turf
renovation all turf areas shall be overseeded, mulched and watered.
C. Areas to be overseeded will be seeded utilizing
blends or mixtures at the rate application recommended by the Director.
d. Mulch shall be spread evenly over the entire area to
a uniform depth.
52. TURF RESEEDINGLRESTORATION OF BARE AREAS - Operation
52.01 Overseed all damaged, vandalized or bare areas to
reestablish turf to an acceptable quality.
52.02 Areas to be overseeded will be seeded utilizing blends or
mixtures.at the rate of application recommended by the Director.
52.03 Stolonize bare areas with Adlayd Turf (Paspalum
vaginatum) at the rate recommended by the Director.
sP34
53. Fertilization Operation
53.01 All fertilizer/micronutrients shall be approved by the
Director prior to application.
53.02 Application of the fertilizer shall be done in sections,
determined by the areas covered by each irrigation system. All areas
fertilized shall be thoroughly soaked immediately after fertilization.
53.03 Trees - Apply fertilizer within the dripline to provide
healthy color. Fertilizer should be inorganic and granular in form with
trace elements.
53.04 Shrubs/Groundcover - Apply fertilizer to provide a
healthy color in all shrubs. Foliar feeding may be used if applicable.
Fertilizer should be inorganic and granular in form with trace elements.
53.05 Turf - All turf areas shall receive not less than one (1)
pound of actual available nitrogen in a balance fertilizer form for each
one thousand (1,000) square feet of turf area. All fertilizer shall be
inorganic and granular in form with an approximate ratio of 4-1-2.
53.06 Areas shall be - fertilized utilizing ratios and mixtures
recommended by the Director at the rate of application per the
manufacturer's recommendation.
54. DISEASE/INSECT CONTROL - Operation
54.01 All landscaped areas shall be maintained free of disease
and insects that could cause damage to plant materials including but not
limited to trees, shrubs, groundcover and turf.
54.02 The Director shall be notified immediately of any
disease, insects or unusual conditions that might develop.
54.03 A disease control program to prevent all common diseases
from causing serious damage shall be provided on an as needed basis.
Disease control shall be achieved utilizing materials and rates
recommenced by a licensed California Pest Control Advisor.
55. PLANT MATERIALS - Operation
55.01 Plant materials shall conform to the requirements of the
Landscape Plan of the area and to "Horticultural Standards" of American
Association of Nurserymen as to kind, size, age, etc. Plans of record
and specifications should be consulted to insure correct identification
of species. Plant material larger than those specified may be supplied
if complying in all other respects.
55.02 Substitutions may be allowed but only with prior written
approval by the Director.
55.03 Nomenclature - Plant names used in the landscape plan of
the area conform to "Standardized Plant- Names" by American Joint
Committee on Horticultural Nomenclature. In those cases not covered
therein, the custom of the nursery trade shall be followed.
55.04 Quality
a. Plants shall be sound, healthy, vigorous, free from
plant disease, insect pest or their eggs, and shall have healthy normal
root systems and comply with all state and local regulations governing
these matters, and shall be free from any noxious weeds.
SP35
b. All trees shall be measured six (6) inches above the
ground surface.
C. Where caliper or other dimensions of any plant
material are omitted from the Plant List, it shall be understood that
these plant materials shall be normal stock for type listed. They must
be sturdy enough to stand safely without staking.
d. Shape and Form Plant materials shall be
symmetrical and/or typical for variety and species and conform to
measures specified in the Plant List.
e. All plant materials must be provided from a licensed
nursery and shall be subject to acceptance as to quality by the
Director.
55.05 Plant Materials Guarantee - All shrubs shall be
guaranteed to live and remain in healthy condition for no less than
thirty (30) days from the date of acceptance of the job by the Director.
SP36
IV. SPECIFIC REQUIREMENTS
The following requirements are specifically designed to provide for a
complete maintenance program for the City of Diamond Bar Parks.
56. CITY -PROVIDED MATERIALS
56.01 City shall supply Contractor with the following materials
for which the Contractor will provide the labor at no additional cost to
City:
a. Paint for graffiti removal, and when applicable,
materials for specially treated surfaces.
b. Paper products for all restrooms.
C. Light bulbs and tubes for interior and exterior
lighting of park buildings and restrooms.
d. Fifty-five (55) gallon trash containers.
57. LOCKS & KEYS
57.01 City may develop an initial chain and lock system with a
specified number of replacement locks for trash containers, restrooms,
gates, and valves/pumps cover boxes during the term of this agreement.
Contractor shall be responsible for purchasing similar locks upon loss
of any City -owned locks initially provided to Contractor. City shall
provide Contractor on a one for one exchange, locks that have been
vandalized or are inoperable.
57.02 Key Control
a. Contractor shall be responsible for the series of
keys assigned to them and will in turn assign these keys to their
personnel for use in maintaining this facility.
b. The Contractor will be held responsible for the
proper use and safe keeping of all keys issued by the City to the
Contractor.
C. Contractor shall report all lost or stolen keys to
the Director within twenty-four (24) hours of discovery of the loss.
Contractor reimburse the City for the cost as determined by the Director
of rekeying the facility or duplicating additional keys.
d. Upon termination, cancellation or expiration of this
Agreement all keys received by the Contractor shall be returned to
the Director.
e. California law stipulates that it is unlawful for a
person to duplicate any keys without the permission by the owner. The
penalty for violation of this law is either six (6) months imprisonment
or a Five Hundred Dollar ($500.00) fine or both.
SP37
EXHIBIT "All
CITY OF DIAMOND BAR PARRS
Thomas Guide
Page
and Grid
1.
Peterson Park -
24142 East Sylvan Glen Drive
94
B-5
2.
Heritage Park -
2900 Brea Canyon Road
97
D-5
3.
Ronald Reagan Park
- 2201 South Peaceful Hills Road
97
C-4
4.
Maple Hill Park
- 1309 South Maple Hill Road
97
E-3
5.
Starshine Park -
20838 Starshine Road
97
C-4
6.
Paul C. Grow Park
- 23305 Qual Summit Drive
97A
A-3
7.
Summitridge Park
- 1425 Summitridge Drive
97A
B-3
8.
Sycamore Canyon
Park - 22930 Golden Springs Drive
97
F-1
U �J
EXHIBIT ✓'
LANDSCAPE MAINTENANCE CERTIFICATION
I (We) hereby certify under penalty of perjury that the work within the
facilities specified under the provisions of county Agreement No.
has been performed in accordance with the specification of said Agreement for
the month of , 19 , and that:
1. Not less than the prevailing _
wages, as determined by the
State Department of Industrial
Relations, have been paid to
personnel employed to do this
work.
2. All On -Going Maintenance Tasks
have been completed as provided
for in said Agreement and
Specifications.
3. Irrigation systems have been
checked for operability and
that the following are
functioning properly.
a. Irrigation lines
b. Valves
C. Sprinkler heads
d. Controllers
4. Spraying and/or use of chemicals
has occurred. If Yes, has:
a. Copies of the PCA's written
recommendation been sent to
the Inspector? j
b. Copies of the Pesticide Use
Report been sent to the
Inspector?
C. Copies of restricted use
permits been sent to the
Inspector?
5. Specialty Type Maintenance has
been requested. If Yes, has:
a. The inspector been notified
in writing?
b. If applicable, quantity and
complete description of materials
used been sent to inspector?
SAM
( m j m
m
Im
f c1
m
e
to
(z
-:
m1
:m
; ;;
f m
m
to
m
I w :k.
D%
P4
c-
A4
:.
a.
Uz
:4
k.f
a
>4
1 34
a.
e:
a
+s • :4
F
E.
4
H
H
H
Ci
EA
E.
E-4'
H
�,-. 1
E;
c4
-4
I
m
:)e
S
3
=
3
Sf
Ey C.
Ey
c:
c
;+
E
N
H
ca
H
N
N
H H
E-4
E-4
H
E
-+� c+
m
c
02
n
ca
m
a
Q�
�!
m�
Q2
cc
m
Q�
mI U
m
,
a�
1�.
c`n zf
i l
1
cv I (
I
y
NI
O
N. I
!
1
1
1 f
1
'�
�i !
S
I I
Ii
1
1
1!
c i
J�•
0
1-4
t !
.
o
! �I I
I
►
I �
{ca
KSI
All I
I
I
(
1
a
C
i
GGG111111
1
�
y1y
R
r N reg ti
u"% �p CJ
N
rc�
-
�f1
u7{ [" C,
— 91/c Oalr� WoWd
A Financial Opportunity
2429 Blaze Trail, Diamond Bar, CA 91765 • (714)861-8845
March 15, 1991
Mr. Robert Van Nort
City Manager, Diamond Bar
Diamond Bar, Ca., 91765
Dear Mr. Van Nort:
It is with deep regret that I must resign as Commissioner of the Traffic and Transit
Committee.
The change of meeting date to the second Thursday of the month has conflicted
with previous commitments.
I sincerely hope that in the very near future, I may be considered to serve the City
of Diamond Bar. It is a civic duty that I enjoy fulfilling, as long as the meetings
are held on evenings other than Thursday.
I'd like to thank the City Council, you, and the members of the T.T.C. for the
support given me.
Sincerely
Alba Moesser, Ph.D.
POresident
q I
AGENDA ITEM NO. 10
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 11
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 12
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 13
NO DOCUMENTATION AVAILABLE
Ici
AGENDA NO. s ' i
CITY OF DIAMOND BAR
AGENDA REPORT
---------------------------------
DATE: March 28, 1991 MEETING DATE: April 2, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Terrence L. Belanger, Assistant City Manager via:
Kellee A. Fritzal, Administrative Analyst
SUBJECT: Second Birthday Celebration Update
BACKGROUND:
On April 13, 1991 the City Council has scheduled a celebration of the second
birthday of the City of Diamond Bar. A committee of community individuals have
been meeting to plan the day's events. The event will be held at the Diamond Bar
High School. The schedule is:
7:00 a.m. - 9:30 a.m.
8:00 a.m. - 4:00 p.m.
11:00 a.m. - 11:30 a.m.
11:30 a.m. - Noon
11:00 a.m. - 4:00 p.m.
11:00 a.m. - 4:00 p.m.
Noon - 4:00 p.m.
1:00 p.m. - 1:30 p.m.
DISCUSSION•
1K/5K/10K run/walk
Softball Tournament
Welcoming Ceremonies
Welcome Home Troops, Flag Ceremony
Emergency Preparedness Fair
Business Expo
Entertainment/Activities
Cake.Cutting/Presentations
Supervisor Deane Dana has scheduled the Los Angeles County Emergency
Preparedness Exposition at the Diamond Bar birthday celebration as a portion of
the day's events. The Committee has planned a "Welcome Home" Ceremony for our
troops. This will be planned for approximately 11:30 a.m. A flag ceremony, with
color guards will be included.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
MELDtBy -
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange
City Manager City Attorney Assistant City Manager
Second Birthday Celebration Update
March 25, 1991
Page 2
A flier advertising all the activities has been distributed through the
newsletter and also will be available at locations throughout the City. A press
release has been distributed to newspapers, radio and television. Banners are
also displayed in two locations around town.
A shuttle bus will be running from 6:00 a.m. to 6:00 p.m. on Saturday April
13th. The bus will stop at the High School ever forty-five (45) minutes.
The following businesses, people have contributed to the celebration:
Alta Ski and Sports
Community Disposal
Diamond Bar Chamber of Commerce
Diamond Bar High School ASB
Diamond Bar Improvement Association
Jones Intercable
Health Smart
Sir Speedy Printing
Supervisor Deane Dana, Fourth District and
Los Angeles County Board of Supervisors
Walnut Valley Unified School District
RECOMMENDATION:
Direct staff as necessary.
AGENDA NO. '
CITY OF DIAMOND BAR
AGENDA REPORT
-------------------------------------------------------------------
-------------------------------------------------------------------
DATE: March 26, 1991 MEETING DATE: April 2, 1991
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: 1991-92 LAW ENFORCEMENT CONTRACT
The Walnut Station Sheriff's Department and this office have been developing
a law enforcement contract for the 91-92 fiscal year that will best meet both
the changing community needs and be within the Council expenditure
guidelines.
DISCUSSION
The contract continues to provide the same level of General Law units.
However, it will provide for the first time in Los Angeles County, under the
auspices of the Sheriff's contract, motorcycle traffic enforcement. In
addition to being the first city to contract for motorcycle traffic
enforcement, it will provide for:
1. Increase from .8 to 1.0 SANE officer. This will provide
year round exposure in narcotics education.
2. Expanded Crime Prevention budget - $7,500.
3. Additional (shared) narcotics and gang enforcement.
(Narrative continued on next page)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
----------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang
City Manager City Attorney Assistant City Mana
1991-92 LAW ENFORCEMENT CONTRACT
April 2, 1991
Page 2
It is recommended that the City Council, due in part to the lead time
necessary to train the traffic (motorcycle) units, as well as meeting the
Council directive in terms of dollars (constant), authorize the continuance
of the Sheriff's contract for the fiscal year 1991-92, as presented:
PROPOSED CONTRACT LAW
ENFORCEMENT SERVICES -2- March 25, 1991
For additional insight into how Diamond Bar compares with
other communities relative to crime, the Sheriff's
Department's report for Fiscal Year 1989-90 indicated the
following crime rates of Part I offenses per 10,000
population:
Diamond Bar 344.24
Walnut 335.78
San Dimas 453.75
Total Walnut/San Dimas Station Area 358.12
Total Contract Cities in Los Angeles County 588.95
Sheriff's Department - Total Area 561.14
Traffic accidents, especially injury traffic accidents,
have substantially reduced and correspondingly traffic
citation issuance has reduced. The challenge for the
future years is to keep accidents to a minimum and deal
with the traffic congestion during peak traffic hours.
The conversion of some of the traffic units from radio
cars to motorcycle units is anticipated to meet these
needs for the next fiscal year.
It is recommended that the helicopter patrol allocation
be increased so as to have more time available for aerial
surveillance in conjunction with directed patrol
activities associated with specific crime problems, i.e.,
burglaries, robberies, etc.
LCM:MEM:pjc
attachment
PROPOSED LAW ENFORCEMENT PROGRAM
CITY OF DIAMOND BAR
FISCAL YEAR 1991-92
Helicoper Patrol
@ $355.00 per hour
Special Event Overtime (1,000 hours)
Type of Equipment:
C -CAP Computer Maintenance
Crime Prevention Supplemental Budget
*Special Fund for Meetings and Liaison
Traffic Enforcement Motorcycle Patrol
(3-40 hour motorcycle units
and share of sergeant, equipment included)
Sub -Total $3,365,329
10 hrs per month 42,600
37,000
Sub -Total $3,444,929
18,249
7,535
600
Sub -Total $3,471,313
433,037
+1.25% Increase 48L809
Total $3,953,159
Estimated
FY 91-92
Type of Service
Number
Rates
Cost
General Law Units:
One -Man 40 -hour (Team Leader)
1
163,272
163,272
One-man 56 -hour
4
221,917
887,377
Two-man 56 -hour
3
413,459
1,240,377
Traffic Law Units:
One-man 56 -hour
4
178,460
713,840
Crime Prevention Deputy
1
88,032
88,032
Crime Prevention Sergeant
.5
115,183
57,592
Narcotics Prevention Deputy (SANE)
1
83,122
83,122
*Narcotics Detective
.33
120,766
40,255
*O.S.S. Detective
.33
120,766
40,255
Community Service Officers
2
25,602
51,204
(With Vehicles)
Helicoper Patrol
@ $355.00 per hour
Special Event Overtime (1,000 hours)
Type of Equipment:
C -CAP Computer Maintenance
Crime Prevention Supplemental Budget
*Special Fund for Meetings and Liaison
Traffic Enforcement Motorcycle Patrol
(3-40 hour motorcycle units
and share of sergeant, equipment included)
Sub -Total $3,365,329
10 hrs per month 42,600
37,000
Sub -Total $3,444,929
18,249
7,535
600
Sub -Total $3,471,313
433,037
+1.25% Increase 48L809
Total $3,953,159
PROPOSED CRIME PREVENTION PROGRAM BUDGET
FISCAL YEAR 1991-92
CITY OF DIAMOND BAR
I. NEIGHBORHOOD INVOLVEMENT PROGRAM
A.
Signs
1. Decals (500)
$415.00
2. Gate signs (500)
290.00
3. Street signs (18" X 2411) (20)
330.00
4. Tax and Shipping (etc.)
125.00
Sub -Total $1,160.00
II. BUSINESS
WATCH
A.
Booklets (1,200)
$3,600.00
B.
Survey Forms
325.00
C.
Quarterly Newsletter
1,000.00
D.
Name Labels
50.00
E.
Postage
300.00
Sub -Total $5,275.00
III. CALIFORNIA CRIME PREVENTION OFFICERS ASSOCIATION
A. Annual Dues $ 20.00
B. Quarterly Training (4 X $65) 260.00
C. Monthly Meetings 150.00
Sub -Total 430.00
D. Annual Training Conference
1. Registration Fee $ 95.00
2. Lodging 225.00
3. Meals 150.00
4. Travel 200.00
Sub -Total $ 670.00
TOTAL $7,535.00
CITY OF DIAMOND BAR
CRIME AND ACTIVITY COMPARISONS
TYPE OF
INCIDENT
Part I Crimes
Homicide
Rape
Robbery
Assault
Burglary
(Residential)
Larceny/Theft
(Vehicle Burglaries)
Vehicle Theft
Arson
Total
Adults Arrested
Juveniles Arrested
Totals
Calls for Service
*6 months only
Traffic Accidents
Fatals
Injury
Property Damage
Citations
Hazardous
Non -Hazardous
Parking
July 1989
July 1990
to
to
Feb_ -1990
Feb 1990
%-Change
2
3
+50%
5
3
-40%
46
64
+39%
140
135
-4%
275
349
+27%
(166)
(225)
(+36%)
522
482
-8%
(177)
(191)
(+8%)
305
248
-17%
10
10
--
---------
1,308
--------
1,287
-------
-2%
455
442
-3%
86
118
+37%
541
560
+4%
6,577*
7,065*
+7%
472
397
-16%
1
1
--
136
98
-28%
335
-298
-11%
8,249
7,601
-8%
6,023
5,094
-15%
443
492
+11%
1,783
1,997
+12%
INCa
Q
y
i
�
r
T
�
y
�
V
m
9"
d
r�
V
b
N
N
N
N N N
N rr
N
N
N
N N N
'"'
N
N N N
N
N N N
N N N
o
p
a
__
e
W
AGENDA NO. )10
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: 03/27/91 MEETING DATE: 04/02/91
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Terrence L. Belanger, Assistant City Manager via
Troy L. Butzlaff, Administrative Analyst
SUBJECT: Integrated Waste Management Update
This report is presented as an informational update on integrated waste management
activities from November 1990 to the present. Staff has previously provided
a chronology of events, commencing with the adoption of Ordinance 2-90 and
proceeding through August 14, 1990. This chronology is attached as a point
of information and to refresh your recollection on the series of events that
have transpired on solid waste issues.
BACKGROUND:
The disposal of solid waste in California has reached crisis proportions. State
officials estimate that with disposal capacity at its present level, the County
of Los Angeles will run out of space within ten years. Currently, virtually
all of the municipal solid waste in the County metropolitan area is disposed
of in nine major Class III sanitary landfills (Azusa Western was recently closed
pending an environmental impact report) located within the Los Angeles basin.
These nine landfills presently accept approximately 14.7 million tons of municipal
solid waste per year (47,000 tons per day over a six day week) . However, because
the total remaining combined capacity of these landfills is roughly 150 million
tons, of which only two-thirds of that capacity is actually fully permitted,
the County is faced with a significant crisis with few alternatives to rely
upon.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:.
Deficit: $
Revenue Source:
----- ---
R ert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
Terrence L. Belanger(
Assistant City Manager
LEGISLATION:
In response to the growing disposal crisis, the State Legislature passed AB
939 (Sher, et.al.), the California Integrated Waste Management Act of 1989.
The Bill, which was signed into law by the Governor on September 29, 1989, repeals
most of Title 7.3 of the Government Code (which regulates solid waste management) ,
replacing it, in revised form, in Division 30 of the Public Resources Code.
AB 939 dramatically restructures the solid waste program in California with
the objective of implementing an aggressive integrated waste management program.
One of the major impacts of AB 939 is the changes it makes in the solid waste
management planning process at the city and county levels. These changes mandate
that on or before July 1, 1991, each city in the county, and the county for
the unincorporated areas, must prepare, adopt, and implement a Source Reduction
and Recycling Element which identifies how the jurisdiction will divert, through
a combination of source reduction, recycling, and composting programs 25% of
solid waste from landfill by 1995 and 50% or the maximum amount feasible by
the year 2000.
As with many complex issues passed by the Legislature, subsequent legislation
is frequently required to "clean-up" technical problems that may exist. AB
939 is no exception. Due to the way AB 939 was amended in the closing two days
of the 1989 Legislative Session, it included a number of technical problems
such as conflicting dates, confusing language and drafting errors. In response
to this, the Legislature adopted AB 1820, one of the several legislative vehicles
designed to rectify these problems.
AB 1820 corrects several inaccurate code references, clarifies language and
drafting errors, and changes the date that counties must complete their Source
Reduction and Recycling (SRR) Elements from January 1, 1991 to July 1, 1991,
to coincide with the due date for city SRR Elements. In addition, AB 1820 makes
significant changes in the requirements for the waste characterization component,
allowing cities to use studies or data that have been developed on a county
or regional basis and adapted to the conditions which exist in the city preparing
its waste characterization component.
In addition to AB -939 and AB 1820, the Legislature passed several other
significant solid waste and recycling measures worth noting. Among them, AB
3992 addresses several key issues of importance to cities and counties. First,
it clarifies that the California Integrated Waste Management Board may grant
a one year extension to meeting the required diversion goals due to "adverse
market conditions beyond a local agency's control" that prevent it from achieving
those goals. Second, AB 3992 provides direction to the Waste Board on criteria
to consider before it imposes any penalties for not achieving the 25% and 50%
diversion goals. At the present, existing law authorizes the Waste Board to
issue administrative penalties of up to $10,000 per day for each day a city
or county is found in non-compliance. Under AB 3992, the Waste Board must
consider relevant circumstances that may have prevented the jurisdiction from
reaching those goals, such as natural disasters and solid waste related economic
conditions that cannot be remedied by increasing fees. Furthermore, the Waste
Board must consider a jurisdiction's progress toward achieving the required
diversion goals and in implementing its SRRE before administering fines. Finally,
AB 3992 directs the Waste Board to prepare less comprehensive planning guidelines
for those jurisdictions that may receive a reduction in the diversion goals
due to their small size or low population density and the small quantity of
waste generated.
The other significant measure affecting AB 939 is the changes made to the
household hazardous waste component. AB 2707 extracts the household hazardous
waste component from the SRRE and makes it a separate element like the source
ATTACHMENTS
Attachment "A" Solid Waste Chronology
Attachment "B" Revised SRRE Project Schedule
Attachment "C" Menu of Source Reduction
and Recycling Alternatives
Attachment "D" Permitted Waste Haulers Matrix
Solid Waste Chronology
February 20, 1990 - November 13 1990
Staff has previously provided a chronology of events to the City
Council, which outline the process the Council undertook commencing
with the adoption of Ordinance No. 2-90 on February 20, 1990. This
Ordinance set forth the legislative policy for the collection and
disposal of refuse, trash, rubbish, and solid waste within the City
of Diamond Bar. It should be noted that Ordinance No. 2-90 was
unanimously approved by the City Council. Pursuant to this
Ordinance, the City Council unanimously approved and issued a
request for proposal for the collection and disposal of solid waste
under an exclusive franchise, in the City of Diamond Bar.
February 20, 1990•
The City of Diamond Bar introduced Ordinance No 2-90 entitled "An
Ordinance of the City Council of the City of Diamond Bar Repealing,
in Its Entirety, Chapter 20.72 of Title 20 of the Los Angeles
County Code, as Heretofore Adopted, an Adopting Standards and
Requirements Relating to Garbage and Refuse Collection."
Ordinance 2-90 sets forth the legislative policy which is the basis
for adopting requirements and .standards for garbage and refuse
collection. The legislative policy states, "the City Council finds
and determines that storage,'accumulation, collection and disposal
of refuse, trash, rubbish, solid waste, debris and other discarded
material is a matter of great public concern, in that improper
control of such matters creates a public nuisance, which may lead
to air pollution, fire hazards, illegal dumping, insect breeding,
and rat infestation, and other problems affecting the health,
welfare, and safety of the residents of Diamond Bar and surrounding
cities. The City Council further declares that regulations
provided in this ordinanceiare designed to eliminate or alleviate
such problems."
The City Council determined that it was appropriate to exercise its
prerogative, pursuant to Section 66757 of the California Government
Code by establishing its authority and jurisdiction to issue
exclusive or nonexclusive permits for the collection and disposal
of refuse, trash, rubbish and other forms of solid waste, within
the City of Diamond Bar.
On this same date, the City Council approved specifications for the
collection and disposal of residential, commercial and industrial
garbage and rubbish for the City of Diamond Bar. Concurrently, the
City Council issued a general invitation and Request for Proposals
from interested and qualified Solid Waste Handling Contractors for
the collection and disposal of solid waste, under an exclusive
franchise, in the City of Diamond Bar. The Request for Proposal
set forth a minimum time period for an exclusive franchise of five
years. Subsequent to the general limitation and Request for
Proposals, the proposal specifications and other related documents
were made available to interested and qualified Solid Waste
Handling Contractors.
March 6, 1990•
The City Council adopted Ordinance No. 2-90 which repealed Chapter
20.72 of Title 20 of the Los Angeles County Code and adopted
requirements and standards related to garbage and refuse
collection; thus establishing jurisdiction over solid waste
collection and disposal, in the City of Diamond Bar.
April 20, 1990:
The City received proposals from nine (9) qualified Solid Waste
Handling Contractors for the collection and disposal of
residentially, commercially, and industrially generated solid
waste. The nine proposing firms were as follows:
1. A & G/AGEN Disposal
2. Athens Disposal (DBA -Community Disposal)
3. Browning-Ferris Industries
4. Diamond Bar Disposal (Taormina Industries)
5. Diamond Bar Environmental (Duran & Sons)
6. H.B.J.J.
7. Norcal/Valley Vista
8. Webster Refuse Disposal
9. Western Waste Industries
The review and evaluation of the proposals were undertaken by a
committee comprised of seven people from various municipalities.
Also, the City Manager undertook review and evaluation of the
proposals. The seven member committee, after each of the
individual committee members had independently reviewed and
evaluated each proposal, met as a committee to discuss their
evaluations and to make recommendations to the City Manager and
City Council regarding those firms the committee determined to be
the most responsive to the City's Request for Proposal.
May 7, 1990:
The Committee established to review and evaluate the proposals for
solid waste collection and disposal services met May 7, 1990 to
complete their task. The seven member committee met in an all day
session to review the nine proposals. The committee, as a part of
their findings and recommendations, indicated its support of the
City Council's intention to award an exclusive franchise for the
collection and disposal of solid waste and recyclable materials
within the City of Diamond Bar. The committee indicated that some
of the benefits of an exclusive franchise are that it facilitates
long term planning, establishes uniformity of operational standards
and service levels, establishes uniformity in rates and rate
standards, achieves the statutorily mandated collection and
disposal standards (AB939),,provides for a reasonable equipment
purchase and amortization program, allows more accurate estimation
of revenues and expenditures related to the collection and disposal
of solid waste; and, establishes a -solid waste and recycling
collection/disposal impact fund.
The solid waste/recycling services proposal review committee
recommended five (5) solid waste handling contractors to the City
Council, for further consideration. The City Council added one (1)
other firm to the five (5) for a total of six.
The six firms, based upon the committee findings, listed below were
invited to be interviewed by the City Council:
1. Diamond Bar Environmental (Duran & Sons)
2. Diamond Bar Disposal (Taormina Industries)
3. Athens Disposal (Community Disposal)
4. Webster's Refuse Disposal
5. Western Waste Industries
6. Noreal/Valley Vista
June 21. 1990•
The six firms recommended by the Special Review committee were
invited to be interviewed by the City Council, on this date. The
City staff prepared an evaluation matrix which listed the
respective f irms proposals in several important categorical areas:
rate; franchise fee; senior discount; proposed length of franchise;
recycling fee/proposed program; AB939 participation; greenwaste
program;. alternative fields participation; other incentives; and,
miscellaneous comments. I The matrix reflects comments and
clarifications submitted by each of the respective companies
related to staff's recitation of the various proposals as set forth
in the matrix.
The City Council (without Councilman Horcher, who was recused)
interviewed the six (6) recommended firms, on this date.
June 29. 1990•
The City issued notices of discontinuance of solid waste collection
activities to those solid waste handling contractors that had been
identified as doing business, within the City of Diamond Bar. The
notice of discontinuance advised the solid waste handlers that the
City of Diamond Bar would be awarding an exclusive refuse and
collection disposal franchise pursuant to the terms of Ordinance
No. 2-90. Further, the notice indicated that pursuant to the
provisions of Section 49520 of the California Public Resources Code
that the notified firms would have to discontinue all solid waste
collection activities within the City of Diamond Bar, not later
than June 30, 1995. The notice of discontinuance also requested
that each of the solid waste haulers provide to the Office of the
City Manager, a list of all accounts which are being serviced by
the respective firm as of August 1, 1990. The firms were further
notified that after the August 1, 1990 date, no new or additional
services were to be provided by the hauler to any resident,
industry or commercial enterprise, or otherwise, within the City of
Diamond Bar.
July 17, 1990•
The City Council of the City of Diamond Bar considered the award of
an exclusive franchise. The City Council selected two (2) firms to
consider for the award of an exclusive franchise for the collection
and disposal of solid waste within the City. The two (2) firms
selected for consideration were Community Disposal Company and
Western Waste Company. The City Council directed staff to give
notice of a hearing to the residents of Diamond Bar that would be
held on August 14, 1990. The consideration of the award of a
refuse contract was continued, until after the hearing.
August 14, 1990:
The City Council conducted a community hearing regarding solid
waste collection and disposal. Many community residents and
representatives from solid waste collection and disposal firms
presented their views on the issues related to solid waste. The
comments were wide-ranging. Matters such as source reduction,
recycling, collection methods. disposal methods, exclusive/mon-
exclusive contracts, franchise fees, state mandated
policies/procedures, and others were discussed. The Council
decided to continue the matter of contracting for solid waste
collection and disposal, for ninety (90) day continuance period.
November 6, 1990:
Staff presented a comprehensive report detailing the current status
of the franchising process and other matters such as the initiation
of a permit system for the collection of solid waste, statutory
requirements under AB 939, and the options available to the Council
for resolving the pending solid waste issue. The Council directed
staff to prepare a report outlining both the establishment of a
permit system and the RFP process.
November 13, 1990:
The Council received Resolution 90-95 Establishing a Permit System
for the Collection and Disposal of Solid Waste in the City of
Diamond Bar. Staff recommended that the Council adopt this
Resolution and schedule a separate Public Hearing for December 4,
1990, to discuss the establishment of fees associated with the
collection of solid waste.
The Council also held a discussion on the previously suspended
franchise process for the collection and disposal of solid waste.
Staff recommended that this process be terminated and that the
Council direct staff to develop a revised proposal utilizing a bid
specification format. The Council approved the adoption of
Resolution 90-95 and took action to rescind the existing RFP
process. The Council then directed staff to develop a new RFP,
based upon the previously delineated specifications, for release in
late Spring 1991 to coincide with the delivery of the draft SRRE.
0
m
z
0
N
3
N
Q
m
�
a
tl
a
6
�
i
W w
attr~r��a
Qz
a
m
Fwu
CS--------
-------- --
�•-------------- --------------
--------------
-------- -_
--------
--
z
°
fl -
i•
lot
•'
z
w
°
L
Z
W i
z
Rw
W
J
)
z
w
Z N
tu
W
cc
L
N O �
w N
¢ C7 Q Q Q
a = N
W o Q
¢ N
F
¢ F
U
z
S
z
N
z co V)
o wJz
2—
t
>-
°
zo a Q rw- J N o
o �nz �Faa�� o
} Q F ~ w w
°z==N a
zw.oW
�¢
wg
w
J -j
8v)o
0F= -jao
Uz O o
z
>
�-
N
>NJ-+ QQ zQ
Foc�n. N°JOzaxx
N JLLm °❑aF-Q�Cu
>>o
F0_3 N JO
zNUm= ari
w ¢
cc
¢2
°
a
$
z
w$ �Sz
W O N N$
8
o
Q�ZA WW�o<�
N Q W LL ° o a
owo-g
ct w a°
(A D
Orin
o aoWc
F- z
z
O
°—°
000
wpri
d
€€
Q
J
rn=�..zz
°.
w
LL
gx(��gjjl¢- Wza°o¢
w
cc (In-
J
Q
° °
���
(�
Q4
'++
NQQU_N�S7?a�N¢z
>Om°WpaaWCQ
W 2u ¢awCti
O
z
>w0
J
OW
J N N
W w0
4L J
O LL¢¢
N
W
z
w
C3
O J W a
FF °]-oJn ¢
W Zz¢mz m>>zg W w
t Q F O Q Q V! z¢ F
J- 4- ¢ Q Z
aw¢z W w_n ¢
W>>ttF W U w
F W (N J w 2 Q F-
a F
C7awzaw
wWD W �
V- N N
O
w
¢
W
0
W
w z
° U¢
F z d
Q
>
J
JLLI-1-
F w O z z
Z
W
BV N�Ui-2C?Ild?
UIOOU¢ WCc(L
¢ J
an OUaN
-
F
w8=ilJ
¢
w
3
3
3"
m
8�o'Y$��
0
N
Q
o
tr7 0
WN
O .-
O— N (O T tD O O c0J
N M f IA ED h ED CO 7, N N N tV N I N N N 0� M M M M M
M M M V 4 .Mt R T v 4 v v 100
°
V
m
a
2
O
N
5
3
0
E
m
IL
}z
WWW [ r
J 2
(
�w zVol m t t
mWi' LL
QI'-Q
cr
wa--------------------------------- --------------------- ----------------------
z
z
Q
0
z
i U U
Z
fn o $
Z
on W z
m N Wuj 2 U
z> Q w Q m z w> F a m
w_ m= z Q Q I h- N 0 F Q z m n Q z
Q z W z z cC ►-
o�i °zawwN � �opawgz z > CZM W WQM w�'oaw = Iw
�zaw�+-
E.2 W h'�Q wwN SwF -)•..W �z¢w1-l-.N F -a z
W J Q W J W Q 2 .� Q U Q O
m. W 8 J Q W i O a`y�a W M Q yL m i z z W 2 WEU J Q z W -W - W Q 2 F J Q V=
F�oQ �►-a� J-o�v��W �m JQ oa �aWmf.z
ao��zw�QWz DMZ zEn(9:1 ��~oQ ,W -Nab mWaz(r,r=�w �
W amF-FF Qi--ow—tjp w_zp J Q!- zW Qwz Ulz zNOm..¢.8
J F ~ f" W F- S W_ F 1- Q-- a W- W 2 J. O
a—QO.W QzQt��"jz zz O W F -F -UQ Oda -1- J FF -=.i cc
9z8zN J
W F S W j( J w O W W= N �... J (A 2 w z N z- Q O j W Q �y 2 2 F' W F F Q w z J
z IlJ Q (J W O U W W Q a J F tU.�( a.- > �y. W W
W Nm Q- JQOaN S20a 8�-W Q U=m liJJOfL ;'j W U' aOU � W W OFaJ (j i
�o Na 3Z �i° wCC Ns ya$$�ZZ S J
• Q. w
m w 3_w Q
gQ
n
0
w�
!D t"0 10 W IO b !O 100 t0 ED t0 O ~ EC A O .- N m Q IO m i� W O O.- N �O f� m .- N f O O _
maorororrrrrn rrrrmaoa��m�,Si.. -�2_ 1Q1�-m�ztn
v
0
1
�
Z
i
o
h
E
W
°C
�
g
'
o
m
a
a
' '
�
Z
riww
oW
O vw� Q
Qz
�
v�
m
�
wcr
wQ�����._---------------------------------------------_____._______..__.._
z
z
�
I
O
o
zU
w z
4a
z w
��uu z
W>F a0 -j (r W Q
Z a) mNw>>
w o�Q= mZ z a te= r cn o�Qz mh 1) I 3 r ��,
D�cc WW�rU�� w�oaw}g}=Z > oZ}xW�ucmj S w�[u°awar3w a>
GL Z w J J Q w w w Q z S J Q (i W U 2 wl F J Q N W l!7 r° w r W LLj =
F
W
w r Q r Z— m J w J Qi2 J Q
Ix JQ °a fQ mx z w 8r' Qx �'w r z -i
wF- w Nmw �x m W JQ °a�p�wsQwm�2R> �wm
�r ��°� x �w
(J
ZW z�����z�=u~i!ogm rw-��rc�a �Uriofv��w
OFZzw w -- Iw- wz 8 �O xz W �Q z �i�i z z(no m 8 x r
�m�F=r-�� Q r° m�j J r-D-r-�wQF--°w-�j wz JU °OF
w8r;`8Qw QLm_r rJ�1-Qrr,,,rac g 8 w
o°v_rQzQr��zzwF
�-Sw 7w U ww=w�Jvlu�zwzN 3 OON_=w ayCj¢2zxNO�tAtrlJi NU' O�O
2 J O w 0 U W W m J J F— S w J( Q W W H w cc
W — ,�i Jo--v� zrnm wQ gZv,s °
W Q V 2V)m W J ZN
80 88�rZ $O g8�rZ xwx
Q
>
o()x
wmO°
JO--!!)
w¢O°
W W
L w°
J
via 3ZEL o°
— a _
¢
w =
m
Q
z
�
v0
N
m 0 O N M f 10 O r 10Cs 0
m A
i 3
i
m
f g
a
' s
aUl LU
z ' � ■
>Qw
Wav a
ID W>* - m
0z _
Nps
QwW
Wad - __-----_---- _
t� g------------------------------------------------------------------------------
W a
i
x
i
o
z
z O ¢
ui z a Q�Q O N
N a K z a J
Z W i H a m J = W% r m0 Q m F- t0 o
°>ZL mZ z a � zI �W �zcr Wz z 3 0w z
a ccw a I a _w oa zaW
z ir w w. w a w a r w> z¢ w w m w a a w a w z w
a �� 5 o z�z m� f 8 �o z3z 0�,z !�
i 2CC W JrN W W N F-OMwr W _ ��Fir�wwU) ~ =wr W Z
w$ W r a Q z J a U W a a -i a
rJa �w ,rw I z a cC JQ UJr W r z -R a
J }Q W O a y a Cc w a m�� w ���� O w¢ w Q W rn a w aC w S .a w m w � y U w aXX p�p g
�z W �QNz�(�Ir_�V)z�zNO�¢$ Qlpr�W QNO���7NO8zIN(7x Qa W Ute$
7 r'r�wa2 f. F=Ow b wz$ Ir F- rN W.a. dx _0FW-�j W ZQJ aQ' 13 W 1
�Na ZJI- �zZ.W F -p W co W `'-�-Qzatl t-dZx2Np�N zC�zN CS Wo< Q
w -
Mw<�Ur ww��F wWmzw� OF =www ci wwv rww w�� aza�� >
z J o J o a z w w r w F z J p J O a a r w Z W W Q J
?SQ_�$ �__$8 8$- a ,�fQ_ $ 0_—�3$Z�cc wa
wCC p aCrz W w¢ p Krz �wgmF-z w
ma 00-
w w p
a
W N
O
N M f b ED N M O O N M< b 0 P 00 CD O N M< b E7 f,- CO A m aD CD O N M T b D, r CO O
mo N M f b O r p
a b ID b b ID b b b 113 b 0 0, m . C;3 d) m b b n M1 r h 1� n P- I. f' n CO M M m M aD a0 A A Ol N C� Oi O W 40i o
.- N a
0
O
Z
m
UI
3
B'
oa
a
f
a
g6
Z
WUJ
6
-g
W'
Ma
>aw
J 2 2
w�U
N
a
0
Hww
LU
o-----------------------,-----------------------
z
H-6
Z
w
Q
�
�
z
w
o
_
LL
0
wir
~
i
w
N
�o
QWzw
W
=Ww
w
Z
W
w�
¢
�Q
WWF=
Sodom
¢Q
Uw�2��x
8¢�
���
(nd
z2
��
Sv�iac8�8d8
JZ
wWLLa
h
�Rz
tu
o~mmw$¢�
�__
�jd¢
JQo
a
Q38
Z
j
Z
Z
W
J
Q
r�flUUwaoz[�
!Y
W
W
ffl
2
W
w
Q
u
J
Lu
S
Z
W
F
{-
W
W
a
0tN7
Q
2
>
J
pwp.00¢Zz
jzt-__a_a
p=wwU¢Zz
F_oavia._U
m<L
mwww
Ln
nw
zeuj<
NMw
w_
¢
w
Z
_
w
CC
cc
z
m
z
a
�Nw
m
RN�sinmr�mrno—Ner�a!oaor2
N
N
N
N
N
N
N
N
NI.
N
N
N
N
N
N
N
N
N
C',
N
N
N
N
Nmvimm�aoceo
N
N
N
N
N
N
N
N
N
N
�y
N
N
N
N
N
00
N
a
ERRE STATUS REPORT:
In January, the EMCON representative informed the JPA of a revised project
schedule indicating that the waste characterization study and the draft SRRE
would not be delivered until June 4, 1991. This delay was due in part to the
inclusion of Option 2 which provides for a statistically representative waste
characterization study and the failure of both parties to execute the consultant's
contract until late December. The original project schedule was based on the
execution of the consultant's contract ten (10) days after approval of their
proposal which was in October.
Under the revised schedule (See Attached) the consultant has delineated the
step-by-step process needed to complete the required work. The JPA has reviewed
the revised schedule and believes that it provides a realistic expectation of
the scope of work to be performed.
Naturally, this delay will profoundly impact the City's ability to submit its
SRRE by the July 1 deadline. Although, existing regulations do provide for
an extension to this date if a city is conducting an environmental analysis
of the project, passage of the proposed legislation (AB 2092) extending the
submittal date from July 1, 1990 to January 1, 1992 would provide the City with
the additional time needed to complete its State mandated obligations.
Waste Characterization
EMCON engineers have completed the quantitative field analysis phase of the
waste characterization study and is now in the process of tabulating and analyzing
the data for inclusion in the SRRE. It is anticipated that a draft of this
study should be available in late April or early May.
Household Hazardous Waste Element
EMCON has been working in conjunction with Los Angeles County Public Works to
develop a household hazardous waste plan. The plan, which is still in a
conceptual stage, would consist of a mobile facility that would rotate between
24 different locations throughout the County during the course of a year.
Although these locations have yet to be determined, it is estimated that there
would be one location in the San Gabriel Valley approximately every eight (8)
weeks. A draft of this plan is expected in mid-April.
Source Reduction and Recvclinq Element
There are several activities that need to be addressed under this heading.
First and foremost is the revised project schedule which will ultimately impact
the delivery date of the draft SRRE. Secondly the subcontractor, Resource
Integration Systems (RIS), has requested that each city develop a list of
preliminary goals and objectives that will be used in the preparation of the
SRRE. The purpose of these goals and objectives is to determine the City's
approach to integrated waste management issues. However, because there is a
clear absence of reliable information on the City's waste stream and diversion
rates, it is extremely difficult to develop meaningful goals and objectives.
Staff will develop a preliminary list of goals and objectives and forward them
to the City Council under separate cover.
In addition to the goals and objectives, RIS has prepared a list of source
reduction and recycling element program alternatives (See Attached) that could
be implemented as part of the City's State mandated requirements. They have
asked each city to review the available alternatives and indicate those programs
that they would strongly favor or strongly oppose. The intent of this request
is not to assign certain types of programs to a community but to identify those
reduction and recycling element. In addition, AB 2707 provides direction to
the Waste Board on the types of criteria it can use in evaluating and approving
a household hazardous waste element.
Since many of the actions required by AB 939 and its progeny require considerable
dead time for study, contract negotiation, document preparation, environmental
analysis, public hearings and council action, many cities have concluded that
they may not be able to complete their SRRE before the July 1 deadline. Because
of this, Assemblyman Bryon Sher, author of AB 939, in conjunction with the League
of California Cities has introduced legislation which will provide for a six-month
extension to the statutory deadline for completion of the SRRE. The bill, AB
2092, has been introduced as an urgency measure and would extend the completion
date for the SRRE from July 1, 1991 to January 1, 1992. In addition, the bill
would require that each city and county provide the Waste Board with a progress
report detailing the status of their SRRE on or before July 1, 1991.
As introduced, AB 2092 is designed to be a consensus vehicle and should be enacted
well before the July 1 deadline. Currently the bill is being heard in the
Assembly Natural Resources Committe.e where it is anticipated that it will be
approved and sent to the Assembly floor.
INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY:
Pursuant to the statutory mandates set forth in AB 939 and subsequent legislation,
the County Sanitation Districts have organized County cities into regional groups.
The purpose of these groups is to coordinate the development of individual Source
Reduction and Recycling Elements and to ensure an organized and cost-effective
approach in complying with State law.
In October 1990 the City Council took action to join the East San Gabriel Valley
Integrated Waste Management - Joint Powers Authority (ESGVIWM-JPA). The Authority,
which is comprised of 15 valley cities and the unincorporated area of the County,
was organized on the premise that the waste characterization and the preparation
of a SRR Element could best be accomplished using a regional approach and by
taking this approach a uniform data base could be established which would result
in significant cost savings to participating members.
To solicit qualified consultants, the ESGVIWM-JPA submitted over 60 Request
for Proposals (RFP) for the performance of a waste characterization study and
the preparation of a Source Reduction and Recycling Elements for each of the
member cities. In response to the RFP, the ESGVIWM-JPA received four (4)
responsive proposals ranging from a low of $481,398 to a high of $881,700.
A subcommittee comprised of representatives from seven cities, including Diamond
Bar, convened on October 3, 1990, to interview the four qualified consultants.
Based on the interviews, the subcommittee recommended the selection of a team
consisting of EMCON Associates, Resource Integration Systems, and Michael Brandman
Associates at a cost of $481,398 (This figure was later revised and approved
by the JPA to $560,000 with the addition of the unincorporated area of the
county.)
Funding for the ESGVIWM-JPA is based on a formula using both participation and
population: 1) half the cost is apportioned equally among the cities; and 2)
the other half is divided on the basis of each city's percent share of the total
groups population. In addition, the County Sanitation Districts have provided
over $200,000 in financial assistance to the JPA thus reducing the total cost
to each city. Based upon this, the City's cost for the completion of the waste
characterization study and the preparation of a SRR Element as required by law
is estimated not to exceed $20,266.
Several cities in the San Gabriel Valley have already established solid waste
task forces or advisory committees to participate in the SRRE planning and review
process. These cities include; Walnut, Claremont, San Dimas, and West Covina.
Staff would recommend that the City Council consider the concept of organizing
a solid waste advisory committee to assist in the public review and planning
aspects of the SRRE.
SOLID WASTE PERMIT SYSTEM
On November 13, 1990, the City Council, pursuant to Government Code Section
66757 (b), adopted Resolution 90-95 which established the implementing legislation
and procedures for a permit system for the collection and disposal of solid
waste.
In accordance to the provisions set forth by this Resolution, staff prepared
a solid waste permit application form and supplemental documentation and publicly
notified potential applicants of its availability. Although staff received
numerous requests for permit applications, only ten (10) applications were
submitted as of the December 10 closing date. Of the ten (10) applications
submitted, eight (8) have been approved to provide waste collection services
to the City. Attached hereto is a copy of the Permitted Waste Hauler Matrix
which lists those applicants that have been issued a solid waste permit.
With respect to the two applicants that were not approved, one company withdrew
their application and the other was formally notified to suspend all waste
collection services in the City. Under the provisions of the permit system,
that company was notified that their application had been denied because of
their failure to submit the required insurance certifications. They were informed
of their right to request a hearing before the City Council or designated hearing
officer to discuss this matter. However, their failure to request such a hearing
has.resulted in staff's revocation of their permit rights.
In terms of permit compliance, the permittees have been very responsive to
all the conditions and requirements established by staff thus far. Presently,
the City has notified each permitted hauler of the requirement to submit a
recycling plan on or before April 1, detailing their ability to provide recycling
services to the City. At the time this report was prepared, only one hauler
had submitted a plan to the City. Staff anticipates additional plans before
the April 1 deadline. After all plans have been received, staff will review
each plan to determine its consistency with the City's long range recycling
goals. i
PERMIT FEES:
In order to offset the costs of preparing, adopting, and implementing an
integrated waste management program, as required under Assembly Bill 939 and
its progeny, the City Council adopted Resolution 90-102 which imposes fees for
the collection and disposal of solid wastes.
Fees collected for the first two months of 1991 totalled $12, 614. This figure,
which is lower than anticipated, is due in part to a recessive economy which
resulted in fewer housing starts and a decline in new construction. Furthermore,
the crisis in the Persian Gulf linked with a lack of consumer confidence resulted
in a measurable decrease in the purchase of consumer goods. The combination
of these factors caused a lower than predicted demand for commercial and
containerized services in the City.
programs that should be emphasized or avoided. RIS staff has indicated that
they would like to receive this information as soon as possible.
Environmental Analvsis
Because the SRRE is considered a project that may have significant impacts on
the environment, the City must comply with the California Environmental Quality
Act (CEQA) and prepared an environmental impact report. This document will
assess the overall effect of the plan's implementation on environmental quality.
The EMCON proposal includes for the preparation of an initial environmental
study and a list of possible mitigation measures. Michael Brandman Associates,
which specializes in environmental compliance, will analyze and document the
environmental implications of the plan according to CEQA requirements. They
will prepare a Master Environmental Assessment (MEA) which will address and
identify existing levels of quality and supply of air and water; capacities
and levels of existing services and facilities; and generalized incremental
effects of different categories of development on a local jurisdiction. It
is anticipated that each city will receive a copy of this assessment and a list
of mitigation measures. Each city will then be responsible for completing the
environmental review process through public hearings and the adoption of
mitigation measures found appropriate to them.
Solid Waste Advisory Committee
An effective SRRE must be viable technically, environmentally, politically and
economically. Public understanding and acceptance of the SRRE and its findings
will be essential to successfully achieve the City's waste reduction objectives.
To this end, the consultant has suggested that the City explore the possibility
of creating an ad hoc solid waste advisory committee to assist the City Council
in the development of solid waste programs and to provide guidance and technical
advice on the preparation and implementation of the SRRE. Although existing
regulations do not mandate the formation of an advisory committee, they state
that a jurisdiction may form advisory committees to assist in the planning and
review process of the draft SRRE.
Staff is of the opinion that a committee should be comprised of an undetermined
number of community members, appointed by the City Council, who are interested
and/or offer technical expertise in solid waste management. The committee would
serve as needed or at the discretion of the City Council and could be organized
along the same lines as Significant Ecological Technical Advisory Committee
(SETAC). Some of the suggested activities of this committee could include but
may not be limited to:
0 Monitor, review and make recommendations to the
City Council on solid waste programs; and
Review and make recommendations on AB 939 programming and
implementation of the SRRE; and
a Explore options to landfilling which may include but may not
be limited to, waste -by -rail, composting, and source reduction
legislation; and
• Interface with the appropriate commissions (i.e., Planning, Parks
and Recreation, Traffic and Transportation) and private interests
(i.e., Recyclers, Refuse Haulers, and other commercial interests)
in the planning and development of solid waste programs.
In the interim, the San Gabriel Valley Association of Cities has formed a county-
wide City Managers Committee to function as a Transition Team. It is anticipated
that the team will begin organizing itself over the next several months. once
the team has been organized, it will coordinate its efforts with Sanitation
District staff on the development of the infrastructure and management system
for the waste -by -rail program.
RECOMMENDATION:
It is recommended that the City Council receive and file this report and direct
staff as necessary.
The decreased demand for these services has resulted is a $4,404 shortfall
per month in anticipated revenues. If this trend continues for the remainder
of the year, the permit system will generate an estimated $75,684 in revenues
of which $37,842 is designated for this fiscal year. The net difference between
staff's original projection and the existing trend could result in a budget
deficit of $26,458 for Fiscal Year 1990-1991.
WASTE -BY -RAIL
The Southern California Association of Governments (SCAG) released a study dated
April 21, 1988, which concluded that the transportation of waste -by -rail to
remote desert sites is a viable solution given the impending disposal crisis.
The study found that the daily disposal quantities going to new or expanded
landfill sites would be directly reduced corresponding to the daily capacity
of the waste -by -rail system. The components of this system would include the
basic elements of (1) a transfer/ loading station which is used to transfer waste
from collection trucks into railcars; (2) rail transport to a designated remote
facility; (3) an unloading station for transport of the waste to its final
destination; and (4) ultimate disposal into an approved sanitary landfill.
In early 1989, at the request of the San Gabriel Valley Association of Cities
(SGVAC), the County Sanitation Districts of Los Angeles County solicited proposals
for the implementation of a "rail haul" system for Los Angeles County. Although
a total of ten proposals were received, a committee comprised of representatives
from the County Sanitation Districts and SGVAC selected two proposals as the
most comprehensive in addressing the project objective, which is to evaluate
a privately financed rail haul system that is technically, environmentally,
and economically sound. The two proposals, which are still in a preliminary
planning stage, include a joint venture between Waste Management of North America
and the Atchison, Topeka and Santa Fe Railway Company and a cooperative agreement
between Browning-Ferris Industries and Mine Reclamation Corporation.
Although it appears that the concept of transporting waste -by -rail to remote
desert sites is well supported by local elected -officials, many city officials
are concerned that the social and economic feasibility of this project will
be determined by whether or not cities are willing to commit definite quantities
of waste on a "put or pay" basis, at a substantial cost increase. Furthermore,
to be operative, the project would need to obtain 24, 000 tons of waste per week
in commitments from signatories by the end of the first year. Signatories to
this agreement will then be financially responsible for their waste commitments
with no refunds for unused waste management capacity.
These concerns have guided the Waste Management Task Force, which functions
as a subcommittee of San Gabriel Valley Association of Cities, to conclude that
in lieu of establishing a formal Joint Powers Authority, which requires cities
to financially commit themselves, a simplified agreement should be developed
formally approving the Sanitation Districts as the lead agency. The revised
agreement would include a "Cost Equalization" Plan that would distribute the
costs of trash disposal equally to all communities. This differs from the
previous proposal in that it removes the requirement that cities commit definite
quantities of waste on au put or pay" basis. Under this plan, cities would
transfer control over their waste stream to the Sanitation Districts for final
disposal. The Sanitation Districts would determine the best disposal alternative
and would encourage multiple private haulers as well as both private and public
Material Recovery Facilities (MRFs) and transfer stations, as a means of ensuring
competitive pricing. As increasing quantities of trash is transferred from
landfills to the waste -by -rail program, the cost would gradually escalate, rather
than substantially increasing the cost to the cities.
W
CA
O
O
�.
M
CA
(7?
a
c`
oT10
CV)o~TO
O
00
OD
N
a
a�
o
O
o
O
o
0
0
0
z
a
a w
Z pCO
W p
v
w M
v ¢
CO
o
W
ccN
W
W
LL1
W
O
W
W
W
z
�-
z
O
O
U
F -
w
_
W
W
W
W
W
W
W
W
W
Q
a
w
CC)
Cl)
O
Z
11)
z
z
}
}
}
}
z
cc
LU Z
W z
W.
W Z
W �
Z
z
w z
W.t7
D m
> O
} C)
? O
>-
W
> O
w
> O
? O
? C)
m
m
m
m
CL
E
w
w
CO
co
CO
CA
Cn
CO
U)
CA
W
}
cc
y
W
3:
cr-
W
T
a
c
U)
U)
U)
M
(`n
Cn
C4
CO
N
T
/�
/'
>
z
e O
p
W
U, '-U
, U
Q¢
O
O
O
Cn
O
M
O
O
O
O
O
rA
O
M
O
M
a z
0
T
i
rn
N
t`•
N
o
=
o
v
N
cc
Uv
N
T
N
T
T
N
N
=
N
r
T
T
r
r
T
J
CL
a
a
ti
c
Q
�
ai
O
O O
�C r
OLp
y
n
C M
CA
W
W
Q
C
Qy
c �
D C\1
U to
Q
N
c I�
N
F'•
_
CSf I
CA Ln
�I
(.O
coI
C t-
_
0
N r
y co
Q
y,
_
LO
d•
to d•
Q d
M
O
T
Cn
O
> M
LO
o_
cMM
C_
CNO
,Zr
(r LO
LO
Q7 M
Wn
LL
Q
T
M
r
C [t
W r
m M
T
Z
00
T
(oco
L r
d-
of pp
E C
o
c I-
CM
c co
��
m t`
� h
co
Q
U
co
O
N
p, Fr20M AB 939 TO;RIS LOS ANGELES FEB 15, 1991 4:10PM P.14
k
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: Supportive Policies: innovative rate structures
to encourage Source separation of yard waste and other organic
materials
IL Description of Alternative:
Collection service fees are structured to discourage the volume of refuse
set out, while encouraging the separation of yard waste from refuse. For
drop-off collection at solid waste management facilities, discounted fees
may be charge for segregated yard waste.
III. Key Design Parameters:
• Magnitude of incremental cost of collection
• Magnitude of discounted drop-off fee
• Materials targeted
• Generation sector targeted
Iv. Implementation, Management or Policy Implications
• Political support
• Equity of application
• Hauler rates as regulated by state or local jurisdiction
FROM:AB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:09PM P. 1.3
[ w
DESCRIPTION OF COMPOSTING ALTERNATIVES
f. Name of Alternative: Supportive Policies: Local, regional and/or
state financial incentives for market development/marketing of products
derived from yard wastes and other organic materials
ii. Description of Alternative:
This alternative could include tax breaks or subsidies to businesses
producing compost from organic waste materials. It could also involve a
surcharge on soil amendments made from virgin materials.
Ill. Key Design Parameters:
• Fee structure
• Magnitude of tax or subsidy
IV. Implementation, Management or Policy. Implications
• Political support
• Equity of application
FROM AB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:09PM P.12
b
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: Supportive Policies: Public/private
procurement guidelines/goals for use of yard waste compost, mulch and
other non -compost organic waste products
II. Description of Alternative:
Public agencies within the jurisdiction are required to change
procurement code to include specifications for yard waste compost, and
to give preferential consideration to such products when requests for bids
are issued for procurement of soil or soil amendments. Contractors
providing landscaping and turf establishment services, or other similar
public projects for the jurisdiction can be required to use soil
amendments made with yard waste compost, according to code
specifications. In addition, jurisdictions may also issue guidelines, and
provide technical assistance to private sector users of soil amendments
to promote the purchase of yard waste compost and mulch.
Ili. Key Design Parameters:
• Materials targeted
• Quality standards/specifications
• Targeted applications of product(s)
• Agencies affected
• Private sectors contractors targeted
IV. Implementation, Management or Policy Implications
• Coordination with testing program for compost products based on
final use and state standards and regulations
• Coordination of agencies or departments (e.g., Finance/Purchasing
Dept. and Public Works Dept.)
• Outreach strategies for private sector- businesses
� • lROM:AB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:09PM P.11
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: Supportive Policies: Business permit
requirements to encourage source separation of yard wastes and other
organic materials
11. Description of Alternative:
Permits or licenses to conduct business within jurisdiction limits are used
as a mechanism to encourage source separation of yard wastes and
other organic material from refuse. Fee or surcharges may be attached
to licenses for haulers, landscapers, and large generators of green
waste. As an example, fees may be be waived for compliance with
source separation provisions in the permitting process.
Ill. Key Design Parameters:
• Magnitude of fee
• Types of businesses targeted
• Materials targeted
IV. implementation, Management or Policy Implications
• Equity in applying restrictions or other provisions
FROM:AB 939 TO:RIS LOS ANGELES FEB 15 1991 4:08PM P, 112
DESCRIPTION OF . COMPOSTING ALTERNATIVES
1. Name of Alternative: Supportive Policies: Regulatory provisions for
commercial haulers regarding collection of separated yard wastes and
other organic materials
111. Description of Alternative:
Local haulers of refuse, or local recycling haulers may be required by law
to provide collection of source separated yard waste to residential or
commercial accounts. Haulers may also be required to provide certain
promotionleducation functions to accounts served.
11111. Key Design Parameters:
• Materials targeted
• Haulers targeted
• Promotions/education functions
iv. implementation, Management or Policy implications
• Political support
• Equitable application
FROM:AB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:08PM
r
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: Supportive Policies: Local ordinances
mandating source separation of yard wastes and other organics
11. Description of Alternative:
City ordinances may be enacted that require residents or businesses to
separate yard waste, and possibly other organics, from refuse collected
by City crews or contracted haulers. Contracted haulers may have
responsibilities in promotion/education and enforcement, as provisions of
a contract with the city.
III. Key Design Parameters:
• Responsible parties
• Material types targeted
• Targeted generators
• Enforcement methods
IV. Implementation, Management or Policy implications
• Political support
• Equitable application
• Enforcement resources
• Cooperation of contracted haulers
FROM:AH 939 TO=RIS LOS ANGELES FEE 20, 1991 2*47PM P.04
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: High Level Technology Composting
II. Description of Alternative:
High level technology composting involves the composting of organic
materials using either forced aeration windrow methods or various in -
vessel methods. The forced aeration windrow method involves placing
uniform sized, homogenous organic material (<1" in size) into windrow of
up to 12' in height and of indeterminant length. The windrows are then
force aerated using either positive or negative pressure systems. This
assures adequate air flow through the material and can be used to
control both windrow temperature and moisture content. The forced
aeration eliminates the need for turning the windrows using an
automated turning machines. After the material has been force aerated,
it is generally removed and placed into piles or windrows for curing..
These piles or windrows are not force aerated. In -vessel systems rely on
engineering process control to accelerate composting. Decomposition
using either type of system can be reduced to less than 2 months.
Ill. Key Design Parameters:
Number of sites
• Site location
• Site size
• Turning frequency
• Materials accepted
• Material preparation
• Type of handling equipment
• On-site processing equipment
• Site monitoring
• Material drop fee
• General process control parameters
IV. Implementation, Management or Policy Implications
• Facility ownership and operations
• Establishing cost efficient and equitable fees
• Environmental impacts
• Zoning
• Land use planning
• Promotion/education outreach (startup and ongoing) to community
FROM:AB 939 TO: RFS LOS ANGE1ES
FEB 20, 1991 2*47PM P.03
DESCRIPTION OF COMPOSTING ALTERNATIVES
Name of Alternative_ intermediate Level Technology Composting
Description of Alternative:
Intermediate level technology composting involves the composting of
organic materials using windrow methods. The windrow method
involves placing uniform sized, homogenous organic material (<1" in
size) into windrow of up to 12' in height and of indeterminant length and
allowing natural biologic activity to convert the organic fraction into a
humus -like material suitable for use as a soil amendment. The natural
biologic action can be accelerated or modified by turning the windrows
using an automated turning machine. The turning process aerates the
windrows and helps maintain an aerobic environment for faster
composting. Decomposition takes place somewhat more rapidly and can
be reduced to less than 12 months.
Ill. Key Design Parameters:
• Number of sites
• Site location
• Site size
• Turning frequency
• Materials accepted
Material preparation
Type of handling equipment
• On-site processing equipment
• Site monitoring
• Material drop fee
IV. Implementation, Management or Policy Implications
• Ownership/Operator
• Establishing cost efficient and equitable fee
Environmental impacts
• Zoning
• Land use planning
• Promotion/education outreach (startup and ongoing) to community
FROM:AB 939 TO:RIS LOS ANGELES FEB 20, 1991 2:46PM P.02
DESCRIPTION OF COMPOSTING ALTERNATIVES
1. Name of 'Alternative: Low Technology Composting
li. Description of Alternative:
Low level technology composting involves the composting of organic
materials using static pile methods. These methods involve placing
uniform sized, homogenous organic material (<1" in size) into piles up to
12' in height and allowing natural biologic activity to convert the organic
fraction into a humus -like material suitable for use as a soil amendment.
The natural biologic action is not modified or controlled and is allowed to
progress at a natural rate. Decomposition takes place slowly and can
take up to 24 months to complete.
III. Key Design Parameters:
• Number of sites
• Site location
• Site size
• Materials accepted
• Material preparation
• Type of handling equipment
• On-site processing equipment
• Site monitoring
• Material drop fee
Iv. Implementation, Management or Policy implications
• Ownership/Operator
• Establishing cost efficient and equitable fee
• Environmental impacts
• Zoning
• Land use planning
• Promotion/education outreach (startup and ongoing) to community
FROM:AS 939 TO:R[S - LOS ANGELES- FE -13 20, 1991 4:07PM P.03
DESCRIPTION OF COMPOSTING ALTERNATIVES
t. Name of Alternative: Participate in the L.A. County Bureau of
Sanitation's Green Waste Landfill Cover Project
II. Description of Alternative:
Yard wastes (e.g., grass, leaves, brush < 4" diameter) are delivered to
one or more sites established to receive these materials. If size reduction
or densification is required by the L.A. County Bureau of Sanitation, or if
this would be allow more cost effective transport and disposal, then these
activites may be incorporated into the facility design. The yard wastes
received would then either be stored temporarily or shipped directly for
final use by the L.A. County.Bureau of Sanitation for it's Green Waste
Landfill Cover Project.
III. Key Design Parameters:
• Type of yard wastes collected
• Volume of materials handled
• Material delivery frequency and seasonality
• Condition of material as delivered
Intended end use of material
• Degree of automation
• Available land
• Degree of source separation
IV. Implementation, Management or Policy implications
• Municipal or contracted operation
• if municipal operation, coordination of city agencies
• Equipment ownership
• Mandatory or voluntary separation of yard waste from refuse
• Promotion/education out to community
• Facility siting
FROM:AB 939
TO:RIS - LOS ANGELES FEB 20, 1991 4:07PM P.02
DESCRIPTION OF COMPOSTING ALTERNATIVES
1. Name of Alternative: Centralized Materials Preprocessing and/or
Storage
ll. Description of Alternative:
Yard wastes (e.g., grass, leaves, brush < 4" diameter) are delivered to
one or more central sites for volume reduction and/or densification
(referred to as preprocessing). After the materials have been reduced in
size or densified, they may either be stored temporarily or shipped
directly for final processing (composting) or other beneficial use (boiler
fuel, mulch, etc.),
Key Design Parameters:
• Type of yard wastes collected
Volume of materials handled
• Material delivery frequency and seasonality
• Condition of material as delivered
Intended end use of material
• Degree of automation
• Available land
Degree of source separation
Iv_ Implementatlon, Management or Policy Implications
• Municipal or contracted operation
• If municipal operation, coordination of city agencies
• Equipment ownership
• Mandatory or voluntary separation of yard waste from refuse
• Promotion/education outreach to community
• Facility siting
FROW AB 939 TO RIS - LOS ANGELES
FEB 20, 1991 4:06PM P.01
DESCRIPTION OF COMPOSTING ALTERNATIVES
t. Name of Alternative: Decentralized Materials Preprocessing and/or
Storage
11. Description of Alternative:
Yard wastes (e.g., grass, leaves, brush < 4" diameter) are delivered to
one of several remote sites for volume reduction and/or densification
(referred to as preprocessing). After the materials have been reduced in
size or densified, they may either be stored temporarily or shipped
directly for final processing (composting), or other beneficial use (boiler
fuel, mulch, etc.).
III- Key Design Parameters:
• Type of yard wastes collected
• Volume of materials handled
• Material delivery frequency and. seasonality
• Condition of material as delivered
• Intended end use of materia!
• Degree of automation
• Available land
Degree of source separation
IV. Implementation,. Management or Policy Implications
• Municipal or contracted operation
• if municipal operation, coordination of city agencies
• Equipment ownership
• Mandatory or voluntary separation of yard waste from refuse
• Promotion/education outreach to community
• Facility siting
FROM:AB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:05PM R.03
DESCRIPTION OF COMPOSTING ALTERNATIVES
I. Name of Alternative: Materials Collection: Self -haul drop-off of
materials
I1. DescrIption of Alternative:
Material is transported by generators to a site designated by a local
jurisdiction as ayard waste drop-off site. The site may be dedicated to
yard waste, or may be a solid waste management facility that provides
yard waste services. Generators include homeowners, apartment
building owners, and business establishments. For-profit landscapers
may service any of these types of generators. In addition, public works
crews generate vegetative trimmings that may be hauled by them to a
designated site. Drop sites may be transfer points for movement of
material to a central processing site. They may also be processing sites,
either for volume reduction only, or for full processing to an and product.
111. Key Design Parameters:
• Number of sites
Site location
• Site size
• Site schedule
Site privilege
• Materials accepted
• Material preparation
• Collection containers
• Mobile handling equipment
• On-site processing equipment
• Site monitoring
• Material drop fee
• Material transfer
IV. implementation, Management or Policy Implications
• Ownership/Operator
• Establishing cost efficient and equitable fee
• Zoni ng
• Land use planning
• Promotion/education outreach (startup and ongoing) to community
FROM:RB 939 TO:RIS LOS ANGELES FEB 15, 1991 4:05PM P.02
DESCRIPTION OF COMPOSTING ALTERNATIVES
1. Name of Alternative: Materials Collection: At source collection of
materials
Description of Alternative:
Specified yard waste types (e.g., grass, leaves, brush < 4" diameter) are
picked up by municipal crews or contracted haulers at specified times.
Generators who set out material for such collection are typically single-
family households, less typically business establishments. Collection
frequency depends on quantities generated from one week to the next,
and among seasons. Material may be transported directly off route to a
processing facility, or may be off loaded for temporary storage at a
transfer point , from where it is transported to a central processing facility.
Key Design Parameters:
• Type of households served
• Number of targeted households
• Collection frequency and seasonality
• Material types collected
• Loose or contained material
• Container construction and capacity
• Number of containers
• Collection vehicle type/capacity
• Automated or manual loading
IV. Implementation, Management or Policy Implications
• Municipal or contracted operation
• If municipal collection, coordination of city agencies
-•' Collection equipment ownership
• Mandatory or voluntary separation of yard waste from refuse
• Household container ownership and distribution
• Promotion/education outreach to community
• Space for housing new truck fleet
• Siting of transfer station(s)
i
FROM:AB 939
TO:RIS - LOS ANGELES
FEB 20, 1991
V
Draft Time and D,,itc: 3:31 PM 2/20/91
3:34PM P.02
• Building code modifications requiring that provisions
be made in design and construction to provide for
source separation of yard wastes and other organic
materials
x
• Regulatory provisions for commercial haulers
regarding collection of separated yard wastes and
other organic materials
x
• Business permit requirements to encourage source
separation of yard wastes and other organic materials
x
• Public/private procurement guidelineslgoals for use
of compost, mulch and other non -compost organic
waste products
x
• Local, regional and/or state market cooperatives for
compost, mulch and other non -compost organic waste
products
x
• Local, regional and/or state financial incentives for
investment in the collection/processing of yard waste
and other organic materials
x
• Local, regional and/or state financial incentives for
market development/marketing of products derived
from yard wastes and other organic materials
x
• Innovative rale structures to encourage
source separation of yard waste and other organic
materials
x
• Technical assistance and educational outreach to
both the public and private sector
x
V
Draft Time and D,,itc: 3:31 PM 2/20/91
3:34PM P.02
FROM:AH 939 iO:RIS — LOS ANGELES FEB 20, 1991 3.33PM P.211
COMPOSTING ALTERNATIVES
Service
Delivery Methods
Waste Stream
f OM1
r 1
Applicability
OW.
Materials
Collect on Residential
ICI
•
At -source collection of materials
x
x
•
Self -haul drop-off of materials
x
x
Materials
Pre-Proc2fislnq Storage
•
Decentralized materials processing/storage
for composting
x
x
•
Centraiized materials processing/storage for
composting
x
x
•
Participation in L.A. County Sanitation District's
Green Waste Landfill Cover Project
x
x
Composting
•
Low level technolQgY
x
x
•
Intermediate level technology
x
x
•
High level technology
x
x
$uggortive
Pollcies
•
Local ordinances mandating source separation of
yard wastes and other organics
x
x
,. •
Local zoning ordinances to facilitate the siting of
processing/storage facilities for source separated
yard wastes and other organic materials
x
x
•
Ban on disposal of yard wastes and other organic
materials
x
x
•
Building code modifications limiting the amount and
type of vegetative planting
x
x '
Draft Time and Datc: 3:31 I'M
Pos;t4t"
brand tau transmittal Rlemo 7671 1—#-, pages
f OM1
r 1
Co -
OW.
Phone*
OR f
Fax k '
5.3.1.3.13. Educational outreach & technical assistance to waste
haulers, private businesses, recycling companies, and other groups
The municipality can conduct workshops for and give technical assistance to
haulers, businesses, and recycling companies. This may include giving them .
information on setting up and marketing programs. It may also involve giving
them a forum to allow them to share information among themselves, and
express concerns. Through outreach activities the municipality can acquire
input from concerned parties before changes in regulations are made.
Design variables:
• Market presentations from end users.
• Training on performing waste audits.
• Sharing of information among haulers.
• Discussion of how to meet service level requirements.
• Presentations targeted to specific industry sectors, addressing
how to set up recycling programs given their particular waste
streams, problems and needs.
Implementation and ManagementImplications:
• Workshops will likely be more effective and better attended in an
environment involving mandatory collection requirements.
• impact of educational efforts can be difficult to measure
See also Source Reduction alternative 4.3.1.10
i
5.3.1.3.12. Financial Incentives for local investment in recycling,
collection, processing, and marketing
A Jurisdiction can develop tax or accounting incentives, such as sales tax
exemption, investment tax credits, accelerated depreciation, and consumption
tax credits, for local investment in recycling, collection, processing, and
marketing.
Key design variables:
• tax and accounting incentives in the form of deductions,
exemptions, credits or reduced tax rates.
• sales tax exemptions: exempting sales tax from the purchase of
recycling equipment
• property tax exemptions
• investment tax credits
• accelerated depreciation on state income tax for real and personal
property purchases
• consumption tax credits to encourage the use of secondary
materials
Implementation and management implications:
• Sales tax and property tax exemption may not be a determining
factor in investment decisions.
• Property tax exemptions can have a significant negative effect on
local tax bases when granted to larger operations.
• Tax incentive costs can be high because of forgone revenues and
administrative costs -
• The benefit will be in terms of increased economic activity and
improved recovery' of materials from solid waste
• Cost -to -benefit ratio is not known
• Tax programs require little expense to administer in comparison to
financial assistance or entrepreneurial development projects.
5.3.1.3.11. Changing existing rate structures to encourage
recycling
At disposal facilities where recyclables processing or drop off opportunities
have been established, charging a lower tip fee or none at all for high-grade
loads provides an incentive for haulers and generators to separate recyclables
from waste. For instance, loads of clean yard waste can be charged at a lower
rate than garbage.
Key design variables:
• Charging less for specific materials, such as clean yard waste
• Charging less depending on the percent recyclables in the load
• Determining size of the differential
• Establishing system for monitoring loads for compliance
• Hauler education
Implementation and Management Implications
• The necessity for monitoring loads will mean greater labor costs at
the disposal site.
• May encourage high grade routes.
5.3.1.10. Procurement practices promoting preferential purchase
or use of recycled -content products
Local adoption of ordinances that specify durability,`recyclability, reusability, or
recycled material content as a purchasing consideration will move
municipalities toward its recycling objectives.
Key design variables:
• ordinances specific to agency. needs
• joint procurement policies with state and local governments
• joint standards for procurement to facilitate market development
•. set asides, for example, an established percent of paper
purchased will be recycled paper
• price preferences for products with recycled content
• percent of post consumer versus post industrial and total recycled
content
• conduct seminars or workshops for municipal procurement officers
to address common barriers preventing widespread use of
recycled paper products and to develop consensus methods of
overcoming these obstacles
Implementation and management implications:
• Joint purchase agreements between different municipalities may
be difficult to'negotiate.
• Cost considerations: products with recycled content are more
costly than virgin materials; priority may be given to products with
recycled content allowing for a cost differential of a specified
percent.
Recycled products vary in quality.
• Collection of information on- availability of recycled materials may
be expensive and time consuming.
5.3.1.3.9 Cooperative Marketing of Recyclable Materials
This alternative involves joint marketing of materials aggregated from a
number of jurisdictions. Such an arrangement may assure a better price and a
longer term purchase arrangement than could be secured if individual
municipalities market their materials separately.
Key design variables.-
*
ariables:• Types of materials anticipated to be collected
• Amounts of materials to be collected
• Haul distances between jurisdictions/markets
• Processing requirements of markets
• Storage capacity at jurisdictional facilities
• Effect on the cost of processing and transporting materials
Implementation and management implications:
• A joint powers agreement will be necessary
• Agreement could also be used for joint purchase of recycled products
I
5.3.1.3.8. Contracted or franchised recycling service provision
Through contracts or franchises a jurisdiction can organize programs and
routes. This may be particularly useful in areas which are underserved or not
served at all by private haulers or recycling collectors.
Key design variables:
• Who receives collection service.
• Who provides collection service.
• Where the collection service is provided.
• What materials are collected.
• How the program is monitored and evaluated.
• The duration of the program.
Implementation and management Implications.-
Contracted
mplications:Contracted collection is usually less expensive than public sector
collection, but may give the jurisdictionless control over the
program.
• A contracted pilot program can demonstrate the economic viability
of recycling collection and pave the way for private sector
initiatives. Pilot programs also allow a contractor and the
jurisdiction to test or compare various program strategies.
5.3.1.3.7. Mandatory recycling service requirements for private
refuse haulers
A jurisdiction can require haulers to provide recycling collection as a condition
- of their business licenses or franchise agreements.
Key design variables:
• Materials required to be collected.
• Required frequency of collection : weekly, biweekly, twice
monthly, monthly.
• Whether the hauler must provide an incentive to recycle.
Enforcement mechanism: how haulers will be monitored for
compliance with the requirements.
• Payment system: how the hauler will be compensated for the
service.
Implementation and management implications:
• Any mandatory service requirement needs not only enforcement
but a clear standard of what constitutes reasonable service.
• Mandatory service requirements raise issues of equity between
large waste hauling firms which can afford to capitalize recycling
equipment, and small firms which cannot. This problem is more
easily resolved when the haulers operate under a franchise
agreement.
• A system must be put in place to handle complaints about non-
complying haulers. ;
5.3.1.3.6 Business license requirements to encourage recycling
One approach the jurisdiction can take to encourage recycling is to attach
stipulations to the acquisition of business licenses.
Key design variables:
proof of a recycling strategy integrated into the business plan
specification of internal collection systems
availability of balers or other machines to facilitate recycling of
separated materials
waste generation expectations
monitoring, who is responsible
Implementation and management Implications:
May encounter resistance from business community.
Political and economic factors play critical role.
see also Source Reduction'4.3.1.5
5.3.1.3.5. Building codes requirements to encourage recycling
One common barrier to separating recyclables is inconvenience and lack of
space. Building codes or guidelines can address this problem at the source,
before the building is constructed, to help make recycling behavior and
collection mechanisms an integral part of the work or dwelling place.
Building codes can be revised to require that new commercial and multifamily
developments include space for recycling.
Key design variables:
• Set aside space for recycling in commercial or residential
developments of more than a specific number of square feet.
• Integrate recycling and recovery into the design of the waste
disposal system, for instance by putting both the recycling and
disposal functions in the same area of the building.
• Include in lease or sale agreements requirements that the tenants
participate in a waste reduction program as outlined in a waste
management plan.
• Reasonable codes for fire, sanitation, and safety.
Implementation and management implications:
• The bureaucratic process may be slow to incorporate changes.
• May encounter resistance from. fire marshall, sanitation staff, etc.
• May encounter resistance from developers.
• single family residences would be exempt
5.3.1.3.4 Zoning Code Practices to Encourage Recycling
Zoning codes are one of the major tools local governments have for
preventing detrimental effects on the public health, safety, or
general welfare. Zoning ordinances define conditions and permit
procedures for different types of development within the local
jurisdiction. The ordinance should address the potential impacts of
the different types of recycling facilities, the concerns of planners.
and the ways in which in which these concerns are handled.
Key design variables:
• Types and volumes of material will be handled at the facility
• Appearance and .visibility of the facility
• Health and safety of the workers and public
• Changes in local traffic volumes or patterns
• Noise
• Parking
Implementation and management implications:
• Procedures required to amend a zoning ordinance of permit
a recycling facility.
• Types of permits needed by recycling facilities: permit by
right, administrative � permit, conditional use permit, and site
development permit.
5.3.1.3.3. Policy on scavenging: .
Scavenging policy can be addressed in two ways: anti -scavenging and
scavenging, with anti -scavenging policies being the most common. In their
most restrictive form, anything set out at the curb belongs to the city, and
scavenging is prohibited at any time. An example of a milder anti -scavenging
policy allows scavenging any day other than the city collection day.
Key design variables:
• scavenging or anti -scavenging policy
• type of enforcement
• implementation schedule for enforcement
• types of disincentives or deterrents -used
• developed in conjunction with mandated recycling
• materials placed at curbside commingled rather than
preseparated
• increased security, drop-off containers locked at night
• drop-off container design
• set out times, hours materials are left out
• encouragement of public reporting
Implementation and management implications:
• poor weather conditions can adversely affect scavenging
• scavengers are not reliable or consistent in their pick ups because
of weather, market pri I ce etc.
increased litter as a result of scavenging
• market price of materials: what is being skimmed
• monitoring: who is responsible, who pays for it
• city depends on material collected to make its recycling program
economically viable
• public opposition to limiting scavengers
• developing an equitable policy on the issue of scavenging is
difficult
• Anti -scavenging laws do not prevent residents from donating
recyclables to volunteer groups
M
5.3.1.3.2. Ban on disposal of designated recyclables
If a jurisdiction has control over the disposal site it can ban the disposal of
certain recyclables or loads with more than a certain percentage of recyclables.
Even if the jurisdiction does not have control of the disposal site it can' lobby the
responsible agency to 'institute the appropriate bans.
Key design variables:
• Determine that stable markets are available for banned materials.
• Publicize ban to haulers and generators before implementation.
• Enforce ban at landfill gates.
• Institute fine system for haulers and notification system for
generators.
Implementation and management implications:
• Recovery alternatives for banned materials must be in place
before the ban is implemented. Without alternative methods for
reusing, recycling, or, in some cases, otherwise disposing of
materials banned at local landfills, there will always be a hidden
disincentive for their recovery.
• The ban must be monitored and enforced. Without effective
monitoring and enforcement, compliance can neither be controlled
nor directed.
• Establish clear lines of communication between regulators,
haulers, and generators. The goals and methods of the ban must
be clearly presented to affected parties. Many successful bans
have phased -in their enforcement procedures, to allow generators
and haulers time to respond to the unfamiliar regulatory
requirement.
5.3.1.3.1. Mandatory materials separation ordinance
The City can require that residential and commercial generators separate their
recyciables from their garbage.
Key design variables:
• which materials must be separated
• how the materials must be set out for collection
• whether or not generators must set out recyciables for the hauler
or whether they can use drop off facilities or sell or donate
recyclables to any person or organization operating for profit or as
a non-profit enterprise.
• institute a fine structure
enforcement mechanisms, possibly including suspension of
garbage service
Implementation and management implications:
• Mandatory separation ensures greater participation than a
voluntary program and is desirable for market development in that
it assures a reliable flow of materials. It may, however, rule out
some other recycling options such as post -collection sorting of
predominantly high grade commercial loads.
• Enforcement mechanisms are an important part of any mandatory
program. Obviously these involve cost to the jurisdiction.
i
5.3.1.2.4 At -Source Processing
Some non residential waste generators may be able to ship separated
recyclable materials directly to end users or through regional brokers without
the need for intermediate off-site processing or special hauler collection routes.
The degree of on-site processing performed ranges from minimal to extensive
and may result in higher prices paid to generators and reduced
collection/transportation costs. At -source processing often provides an
advantage of reduced storage space requirements and of increased flexibility in
the types of materials recovered and in a generators ability to control marketing
arrangements. The types of equipment/processes involved in at -source
processing may range from the sorting of office paper grades, to the placement
of converter scrap into a rolloff box for shipment to a mill, to a baler or roll -off
-box compactor for old corrugated containers, to a pallet shredder, to a glass
crusher or can densifier for bars or restaurants. Certain sites with particular
types and volumes of separated materials may develop more elaborate sorting
and or processing systems. Many generators already have some of these
capabilities in place.
Key design variables:
• Targeted materials and volumes generated at various sites
• Processing equipment specifications/configurations at various sites
• ' Capital and operating costs; revenue and other funding sources
Degree of processing at various sites and market requirements
• The availability of processing system vendors and transportation
providers
Required level of processing equipment operator time and training
Implementation and management implications:
I .
• Consideration should be given to the need to have duplicate
processing capabilities at numerous facility versus the potential for
sharing capabilities at a common facility.
• Scale of operations and material volumes at each site are critical
threshold factors in determining where this approach makes sense.
• To date, the public sector role and the roleof waste haulers in
managing this approach has been limited; decisions have most
frequently been initiated by generators in coordination with markets.
• As a result of the above, data is limited on the quantities of materials
being handled through this method.
231. Rec. alternatives. RM. 1 2/22/81
5.3.1.2.3. Salvage at solid waste facilities
Salvage at solid waste facilities can be very simple or very complex For
example, simple salvaging at a solid waste facility is a sort and pick system
where people can separate their recyclables into bins. A more complex system
is an intensive recovery system, such as a material recovery facility (MRF).
Key design variables:
• sort and pick; self haulers sort materials themselves and deposit
them in drop.boxes or other on site storage containers.
• direct.loads; diverted directly to a recovery area
• spotter; an employee assigned to spot recyclables in mixed
wastes and to set them aside
• shopping carts
• type of user: self haulers, packer truck, drop box loads
• picking belts.
• intensive recovery; material recovery. facility (MRF)
• transformation center; refuse dry fuel
• user disposal fee reductions on remaining refuse
Implementation and management implications:
• marketing the recovered materials
• arranging for use of the processing facility, if any
promotion and education to public
• capital investment costs vary with size of program, type of recovery
method, number of materials and condition of site
• ongoing costs; labor site maintenance, utilities, insurance public
education
5.3.1.2.3 Mechanized Materials Recovery Operations
Materials recovery operations are commonly called intermediate processing
centers (IPC) or materials recycling facilities (MRF). These facilities separate
marketable recyclable materials such as newspapers, mixed glass, metal, and
plastic containers, and process the materials for sale to end users The facility
receives waste directly from residential collection vehicles and commercial
waste vehicles that collect certain recyclable safe commercial waste. The
vehides proceed to the tipping area, generally an enclosed concrete pad, and
the load is dumped for processing. The first major stage in the recovery
operation is mixing and screening waste. A large rotary drum screen is
comonly used for bag opening and mixing; bags are broken open, bulky items
are set aside, and hazardous materials are removed. Next the waste is
manually picked for identifiable recyclable items such as paper, cardboard,
cans, glass and plastic. Multiple pick stations are often used especially in large
facilities. Size reduction is acheived by use of a shredder or -hammermill.
Magnetic separation for removal of ferrous metals can be located ahead and
after the size reduction step. Following size reduction, the waste is separated
by screens, drums, and classifiers into a light fraction and heavy fraction. The
end product specifications are an integral part of the facility design, especially
when facility output is destined for further processing as in a compost
feedstock or RDF.
Key design variables:
• Type of material targeted for collection
• Volume of material estimated to be collected
• Source of material (e.g. residential, commercial, industrial)
• Consistancy with local zoning ordinance
• Processing requirements for. markets
• Location relative to customers/markets
Implementaion and management implications:
• Existing/projected markets for recycled materials
• Competition with other recycling centers/programs
• Consistancy with county integrated waste management plan
5.3.1.2.1 Manual Materials Recovery Operations
Materials recovery operations are commonly called intermediate processing
centers (EFC) or materials recycling facilities (MRF). These facilities separate
marketable recyclable materials such as newspapers, mixed glass, metal, and
plastic containers, and process the materials for sale to end users . The facility
receives waste directly from residential collection vehicles and commercial
waste vehicles that collect certain recyclable safe commercial waste. Once at
the facility, the vehicles proceed to the tipping area, generally an enclosed
concrete pad, and, the load is dumped for processing. The waste is manually
picked for identifiable recyclable items such as paper, cardboard, cans, glass
and plastic. Multiple pick stations are often used especially in large facilities.
The end product specifications are an integral part of the facility design,
especially when facility output is destined for further processing as in a
compost feedstock or RDF.
Key design variables:
• Type of material targeted for collection
• Volume of material estimated to be collected
• Source of material (e.g. residential, commercial, industrial)
• Consistancy with local zoning ordinance
• Processing requirements for markets
* Location relative to customers/markets
Implementaion and management implications:
• . Existing/projected markets for recycled materials
• Competition with other recycling centers/ programs
• Consistancy with county integrated waste management plan
5.3.1.1.5 Multi Family Collection of Source Separated Recyclables
Collection of household recyclables from multi family structures/developments
is an effective alternative to curbside collection where trash is placed in
common area bins or dumpsters rather than in receptables for each unit.
Recycling program design for these facilities should maximize convenience for
residents and haulers and should be parralell and consistent with the existing
trash collection system. Container, collection vehicle, material processing, and
program promotion requirements are generally different than those for curbside
efforts.
Key design variables:
• Targeted materials and types of multifamily sites
• Public vs: private provision of service and funding
• Types of in -unit and common area storage containers
• Assignment of responsibilities to tenants, maintenance staff, and
haulers or recyclers
• Characteristics of collection/processing infrastructure and equipment
• Nature and scale of promotion and support programs
Implementation and management implications:
• Lack of in -unit and/or common area material storage or loading space
may be an issue at some sites.
• Tenant turn over rates may require greater on-going promotion and
monitoring efforts than for curbside programs.
• Diversity of site requirements can complicate service design and
delivery (E. g. tenant depsities, high-rise vs. low-rise vs. trailer park).
• Feasibility of multi family programs may require a certain threshold
number of units and/or sites.
• Motivating tenants can be a challenge at some sites; this may be
linked to demographics.
• Added costs/savings associated with recycling servcie delivery may
be a concern for some landlords and their tenants.
231. Rec.altematives. RM.1 2/22/91
5.3.1.1.5 Multi Family Collection of Source Separated Recyclables
Collection of household recyclables from multi family structures/developments
is an effective alternative to curbside collection where trash is placed in
common area bins or dumpsters rather than in receptables for each unit.
Recycling program design for these facilities should maximize convenience for
residents and haulers and should be parralell and consistent with the existing
trash collection system. Container, collection vehicle, material processing, and
program promotion requirements are generally different than those for curbside
efforts.
Key design variables:
• Targeted materials and types of multifamily sites
• Public vs: private provision of service and funding
• Types of in -unit and common area storage containers
• Assignment of responsibilities to tenants, maintenance staff, and
haulers or recyclers
• Characteristics of collection/processing infrastructure and equipment
• Nature and scale of promotion and support programs
Implementation and management implications:
• Lack of in -unit and/or common area material storage or loading space
may be an issue at some sites.
• Tenant turn over rates may require greater on-going promotion and
monitoring efforts than for curbside programs.
• Diversity of site requirements can complicate service design and
delivery (E. g. tenant densities, high-rise vs. low-rise vs. trailer park).
• Feasibility of multi family programs may require a certain threshold
number of units and/or sites.
Motivating tenants can be a challenge at some sites; this may be
linked to demographics.
• Added costs/savings associated with recycling servcie delivery may
be a concern for some landlords and their tenants.
231. Rec.altematives. RM.1 2122/91
• Characteristics of collection/processing infrastructure and equipment
Implementation and management implications:
• Understanding the availability, requirements, and stability of materials
markets is critical for the design of at-source separation efforts.
• Lack of material storage or loading space may be an issue at some
sites.
• Cooperation and training of employees and maintenance staff is
generally required for successful efforts; use-friendly design helps.
• A high diversity of businesses, institutions, and industries can
complicate service design and delivery.
• Seasonal variations may be a factor for some sources in the types
and quantities of material generated (parks, mails, food processing)
• Added costs/savings associated with daily operations and separation
activities is a concern for most generators.
• Business culture may affect some generators motivation for
participating in at-source programs.
i
231. Rec.alternatives.RM.1 2/22/91
5.3.3.1.3 Mobil/Stationary Buy -Back Centers
A buy-back recycling center is a commercially located, staffed recycling facility
that purchases small amounts of post -consumer secondary materials from the
public. Buy-back centers typically buy aluminum cans, and may also handle
glass containers and newspaper. In general, the more materials handled, the
more effectively a center can compete with other, similar operations. A
typical buy-back center is located along a major thoroughfare, often in
buildings such as vacated service stations and small warehouses. Most
centers are open five or six days a week, and are operated by several
emplolyees. The staff weighs materials and pays customers. Larger facilities
may process materials with equipment such as glass crushers, can flatteners
and paper balers. Storage equipment commonly used includes rolloff boxes,
bins, barrels, and totes.
Reverse vending machines are also considered to be buy-back centers. They
are mechanical devices that accept one or more types of empty beverage
containers and issue a cash refund or redeemable coupon. Some machines
will also despense couppons and promotional materials.
Mobil centers perform the same function as the stationary centers, however,
mobil centers are usually trucks or roll off bins that can be moved from site
to site on a designated schedule. This provides additional convenience to the
public and increases the volume of material broughtr to the center.
Key design variables:
• Types of materials to be handled
• Volumes of materials to be handled
• Compliance with zoning ordinance
Processing requirements for markets
• Location relative to customers/markets
Implementaion and management implications:
• Existing markets for recycled materials
• Competition with other recycling centers/ programs
• Consistency with county integrated waste management plan
5.3.1.1.2 At -Source Separation/Collection of Recyclables
Recyclable materials generated as waste from non residential sources can be
separated and collected for transport to recyclables processing and marketing
facilities. The responsibilities for successfully implementing at -source recycling
efforts are shared between on-site personnel and recyclers, waste haulers, or
others who provide the collection service and infrastructure for appropriate
program promotion and for the processing and marketing of material. Some at -
source separation and collection; such as old corrugated container recovery
from distribution warehouses, is market driven based on the quantity and value
of available materials. Other approaches for collecting multiple materials of
smaller volumes per source may require funding in addition to that from
materials revenue or will depend on savings realized in avoided trash collection
and disposal costs.
Examples of at -source separation and collection approaches include:
• Single material recovery from generators with significant volumes of
particular materials; typically old corrugated containers or office paper
are targeted from business, institutional, or industrial sources. Bars
and restaurants may support collection efforts for glass and/or
aluminum containers.
• Multiple material collection from institutional, commercial and
industrial generators. Such comprehensive efforts often involve the
targeting of various materials from the functional areas which are
unique to each site (cafeterias, computer rooms, retail areas, class
rooms, shipping and maintenance areas, grounds, etc.).
• Specialized collection efforts including recyclables receptacles
placed in public facilities, malls, parks, and transit stations and
salvage or waste exchange from manufacturing processes (this may
involve recycling or reuse of solvents or shipping containers/pallets
and particular feed stocks, such as metals, plastic resins, or organics).
Key design variables:
• Targeted materials and facilities or generator subsectors
• Public vs. private provision of service and funding
• Degree of site tailoring and support (individual facility waste plans,
audits, or evaluations)
• Degree of generator staff involvement and responsibility
• Material sorting, container, and storage requirements
231. Rec.aiternatives.RM.1 2122/91
5.3.1.1.1 Curbside Collection of Separated Materials
Curbside collection is a generic term applied to the scheduled collection of
recyclable materials that have been set out at households. Programs are
operated by either the waste management industry or local governments.
Collection equipment ranges from modified refuse trucks to high-tech
automated collection vehicles equipped for segregated recyclables. Most
program operators provide households with containers for recyclables. Most
operators collect materials segregated by material type. However, many of the
new programs are moving towards mixed recyclable collection followed by
manual or semi -automated segregation at a material recovery facility.
Key design variables:
• Materials targeted to be collected
• Frequency of collection (e.g. weekly, bi-weekly, monthly)
• Degree of separation of materials (commingled, partially
commingled, fully separated)
• Set -out requirements (curb or alley)
• Estimates of quantities for each material
• Type of household container
Implementation and management implications:
• Public or private collection
• Capital and operating costs
• Mandatory or voluntary service
• Scavenging of materials is often a problem
• Compatability with other recycling programs
!=ROM : ADM I N I STRAT I CN TO: R I S - LOS ANG'LE5 = 'H 1 1991 :3.54AM
t
AB 939 Recycling Alternatives
I. Service Delivery_ Methoda Wastestream
Applicability
Residential
I/C/I
A/ Materials Celladtion
I/ Curbside collection of separated
materials:
X
2/ At -source separation/collection
of recyclabies:
X
3/ Mobile/stationary buy-back centers:
x
4/ Mobile/stationary drop-off centers.,
x
B/ Materials Processing
11 Manual materials recovery operations:
x X
2/ Mechanized materials recovery operations:
x x
3/ Salvage at solid waste facilities:
x x
4/ At -source processing:
X
If. Sulaolive Pollcles
1/ Mandatory materials separation ordinance:
x x
2/ Ban on disposal of designated recyclables.
x x
3/ Policy on scavenging:
x x
4/ Zoning code practices to encourage
recycling:
x x
5/ Building code requirements
to encourage recycling:
x x
6/ --Building permit requirements to
encourage recycling:
x x
7/ Mandatory recycling service requirements
for private refuse haulers:
x x
8/ Contracted or franchised recycling service
provision:
9/ Cooperative marketing of recyclable
x x
materials: i
X x
10/ Procurement practices promoting
preferential purchase or use of
recycled -content products:
x x
11/ Changing existing rate structures to
encourage recycling:
x x
12/ Financial incentives for local investment
in recycling collection, processing, &
marketing:
X X
13/ Educational outreach & technical
assistance to waste haulers, private
businesses, recycling companies,
& other groups:
x X
4.3.1.18. Product and packaging bans
Bans arise in many forms, targeting specific products as well as specific
materials. For example, aseptic packages have been banned in one state,
while polyethylene, and polystyrene have been banned in some regions.
Key design variables:
- decision makers, for example, mayoral executive order, city council
decision or public vote
• specific criteria used to determine if a material or product should be
banned, for example, volume of disposed waste product in the
wastestream, potential environmental impacts, energy intensiveness of
product manufacture, and availability of substitute products
• scope of ban, for example, specific product or family of materials
• stipulations of the ban, for example, clauses that include built-in
incentives which lead to ban unless recycling or reuse goals are met by a
certain date
• stringency of enforcement, for example, revocation of business license,
fines, or policing
Implementation and management Implications:
• regulations effecting a ban are typically harsh and inflexible, and often
meet with strong opposition from special interests
material should be banned only if its replacement will not result in net
increase in the waste stream
• materials, products, and packaging with short useful life spans are
frequently targets of bans.
4.3.1.17. Required waste reduction planning by nonresidential
generators
Businesses can be required or requested to submit source reduction and
recycling plans to the local jurisdiction. Such pians can lead businesses in the
direction of analyzing their waste streams and discovering methods of saving
money and improving their corporate citizenship through implementing source
reduction and recycling programs.
Key design variables:
• Nonresidential generators can be required or simply encouraged to
prepare a plan.
• Plans and planning requirements can vary in their relative emphasis
on source reduction, recycling, and composting.
• Different sectors and types of businesses can be required to
participate.
• Plans may require source reduction and recycling within the
traditional context of waste disposal, or may require manufacturing
firms to consider impact on the solid waste stream as a criteria for
product and package design.
• Required plans can call for a variety of documentation, from rigorous
reporting procedures to none at all.
Implementation and management implications:
• This alternative can begin as voluntary and switch to mandatory if
certain goals are not met.
• Required plans can serve as a valuable reporting tool.
• Depending on the level of detail required by the plans, firms may
require additional technical assistance for the preparation of reports.
• Some firms may be legitimately concerned over the confidentiality of
their reports.
• Reports may create an undue compliance burden on certain firms or
sectors.
231.SR.altematives.DA.4 2/6/91
4.3.1.16. Incentives for land -use practices which promote source
reduction
To the extent that specific land -use practices relate to the generation and
disposal of waste, jurisdictions may promote source reduction through
regulations, incentives, education, and technical assistance.
Key design variables:
• A jurisdiction can encourage xeriscaping, the planting of native, dry -
climate plant species at a variety of levels (city properties, other
properties; program can include education, public recognition,
financial incentives, etc.).
• Similarly, a jursidiction can promote the elimination of landscaping
with plant altogether.
• A jurisdiction can change its zoning laws to encourage the convenient
location of source reduction businesses. A variety of types of
businesses can be included, from cottage industries (cartridge repair)
to large remanufacturing plants.
Implementation and management implications:
• What constitutes eligibility for xeriscaping or "source reduction
businesses" requires greater clarification.
• Xeriscaping may beneficial environmental impacts beyond reduced
solid waste, such as decreased water consumption. However, a
logical connection between xeriscaping and reduced solid waste has
not yet been documented.
• The elimination of plants in landscaping altogether may aggrevate
several environmental problems, including drainage, certain forms of
air pollution, and localized temperature increases during the summer
months,
• Large scale xeriscaping could impact compost facilities, both in
quantity and quality of feedstock.
231.SR.altematives.DA.4 2/6/91
4.3.1.15. Government procurement ordinances
Local adoption of ordinances that specify durability, recyciability, reusability, or
recycled material content as a purchasing consideration will move
municipalities toward its source reduction objectives.
Key design variables:
• ordinances specific to agency needs
• joint procurement policies with state and local governments
joint standards for procurement to facilitate market development
set asides, for example,' an established percent of paper purchased will
be recycled paper
• price preferences for products with recycled content
• percent of post consumer versus post industrial and total recycled
content
Implementation and management implications:
• see market development (catherine)
• Joint purchase agreements between different municipalities may be
difficult to negotiate.
Cost considerations: products with recycled content are more costly
than virgin materials, priority may be given to products with recycled
content all for a cost differential of a specified percent.
• Recycled products vary in quality.
• Collection of information on availability of recycled materials may be
expensive and time consuming.
4.3.1.14 Demonstration Programs
Demonstration programs are model source reduction programs that can be
observed by the public and private sectors. Demonstration programs provide
the opportunity to see source reduction in action, and helps decision makers to
visualize both the process of source reduction and its potential impact.
Key design variables:
• The display can demonstrate a variety of source reduction options,
from on-site composting operations to restaurant diswashing
machines.
• The demonstration site can be purely for demonstration purposes or
can be a working program.
• Private businesses with source reduction programs may be willing to
provide tours or demonstrations.
• Demonstration programs can be used in support of other source
reduction alternatives, including assistance with on-site composting
and mulching activities (4.3.1.9), technical. assistance to businesses
and industry and consumer organizations (4.3.1.10), and non -
procurement source reduction activities (4.3.1.13).
Implementation and management Implications:
• To be most effective, demonstration programs must be convenient to
observe and leave the audience with positive impressions.
• Demonstration programs can emphasize a number of different facets:
cost, ease of implementation, .environmental benefit, other technical
assistance available. The audience should be considered when
designing the demonstration facility.
• Some demonstration facilities can be shared between neighboring
jurisidictions.
• Demonstration facilities can display other environmental actions
besides source reduction, including recycling, energy and water
conservation, and indoor air pollution.
231.SR.alternatives.0A.4 2/6191
4.3.1.13. Non -procurement source reduction activities
Non -procurement source reduction includes programs such as education of
employees, office changes to increase the use of scrap paper, increased use of
electronic mail, sharing subscriptions, routing, and increased use of duplex
copying.
Key design variables:
• Adopt office policy for printing drafts, interoffice memos, copies, filing, and
subscription materials.
• Provide inservice and training videos to educate all office employees
about source reduction techniques, for example, electronic mail training
sessions.
• Standardize forms within. agencies, for example, multi -use forms.
Implementation and management implications:
• it will be necessary for the office changes to be presented in a manner
that elicits an ownership response. If employees feel the office changes
are orders being forced on them, they will resist and are less likely to
comply or participate. Options include asking for input from each agency,
and allowing each agency to tailor its program.
• Record keeping requirements may limit reduction of hard copies.
4.3.1.12. Awards and public recognition
Awards acknowledge the achievements of businesses, individuals and
organizations with source reduction programs. Moreover, awards create
favorable publicity and demonstrate a commitment from the granting body,
thereby reinforcing the importance of source reduction.
Key design variables:
conditions of eligibility
• awards for not-for-profit, private and public sector
• competitive or noncompetitive
• monetary or nonmonetary
• scale: small, medium or large businesses
• nomination procedure
Implementation and management implications:
institutional or policy requirements
• minimal costs
• important to get enough public recognition to make award desirable
• involve local business groups
awards may encourage development of innovative source reduction
techniques'
i
4.3.1.11. Educational and promotional efforts
The primary mechanism of eliciting source reduction is through educational and
promotional efforts aimed at malting changes in the production of goods,
packaging design, and consumer buying practices. Consumer awareness
programs, school curricula development, seminars, and public forums are ways
in which educational programs can be presented. The targeted audiences are
product designers, manufacturers, retailers, and individual and business
consumers.
Key design variables:
• source reduction education tailored to specific audiences (students,
children, parents, manufacturers, retailers, designers)
• method of presentation (point of sale -POS, direct mail, brochures)
medium used (print, TV, radio, billboards, video)
responsible party (in-house, or contractor)
• source reduction alone or with recyclability, with recycled content, with
reuse, with repairability, or with remanufacturablility
Implementation and management implications:
• It will take time for people to adopt source reduction values needed to
ensure long-term success of the program; therefore, it is .essential that the
municipalities be committed to sustaining educational programs over the
duration of the program's life.
Impact of educational effoFts may be difficult to measure quantitatively.
4.3.1.10 Technical assistance to businesses and industry and
consumer organizations
Local government staff can assist businesses and organizations by sharing
research findings and their experience and technical knowledge. Because
implementing source reduction and recycling activities require some level of
knowledge, the local jurisdiction can play a valuable role in sharing information
so that individual firms don't have to learn everything from scratch. Providing
technical assistance to industry and consumer organizations can be an efficient
method of sharing ideas and the knowledge gained by working on multiple
solid waste reduction programs.
Key design variables:
• The government can target different sectors where technical
assistance will be in high demand and/or particularly effective.
• Techncial assistance activities can target on-site waste generation
and disposal problems solely, or can expand to include product and
package design issues.
• The medium of technical assistance can include fact sheets,
workshops, labor and management training, marketing assistance,
product testing, assistance with permits and loans, and demonstration
programs.
• The jurisdiction's role in industry/consumer organizations can include
the instigator of the organization, the liason with jurisdiction staff, a
resource of information and ideas, and a promoter of source reduction
opportunities and actions.
Implementation and management implications:
• Technical information can be shared between cities through an
information clearinghouse or a shared technical assistance service,
perhaps contracted out.
• Jurisdictions may need to demonstrate restraint when promote certain
businesses at the exclusion of others.
• Technical assistance may require understanding of manufacturing,
packaging, and industrial design.
• Follow-up surveys can be used as a form of monitoring program
effectiveness.
• Technical assistance is often offered as a result of a waste evaluation
(4.3.1.8).
231.SR.alternatives.DA.4 2/6/91
4.3.1.9 Assistance with On-site Composting and Mulching
Activities
Technical and/or financial assistance can be provided to assist generators of
organic waste in implementing on-site composting programs. The jurisdiction
can also promote and assist the mulching of grass clippings and woody debris.
Key design variables:
• The city can promote on-site composting for a variety of materials
(leaves, lawn clippings, shrubs and small wood debris, food wastes,
and pet wastes).
• The program can target,a variety of generators (single family
residential, multifamily residential, and institutional, commercial, and
industrial).
• The city can provide composting bins free of charge, at a reduced
market price, or not at all.
• The medium of technical assistance and information can include fact
sheets, mailings, slide shows and seminars, ,demonstration facilities,
and site visits and site-specific planning assistance.
• The assistance providers can be government staff, trained volunteers
("Master Composters"), or a contracted business.
• Mulching assistance can be provided on-site, using a traveling
mulching machine, or at a neighborhood facility such as a park, given
that the mulched material returns to its source of generation (and thus
constitutes source reduction).
Implementation and management implications:
• On-site composting is preferable to centralized composting facilities
in that it avoids collection, transportation, and marketing costs.
• May lead to a variety of positive (soil conditioning, nutrient
enhancement, water retention, and appearance improvements) or
negative (odor, increased population of vector -bearing rodents)
environmental impacts outside of the solid waste realm.
• Some forms of mulching and on-site composting assistance lend
themselves well to regional cooperation among jurisdictions.
• Backyard composting may not be feasible with small lots.
• Zoning or other ordinances may prohibit on-site composting.
231.SR.altematives.DA.4 216/91
4.3.1.8. Waste Evaluations
Waste evaluations are one of the most common forms of government assistance
to non-residential generators. Most waste evaluations involve a trained waste
auditor who tours businesses and gathers information on the amount and type
of wastes produced, the types, amounts, and quality of recyclables in the waste
stream, and the company's internal waste handling process. This is usually
followed by a recommendation of soutce reduction and recycling actions.
Key design variables:
• Mandatory or voluntary participation.
• The amount of follow-up to the site visit can vary, ranging from none to
active program planning and assistance by the auditor or
government.
• Auditors can be government staff, haulers, members of the business
community, students, professors, citizens, or professional auditors
contracted by the municipality..
• Audits can be conducted over the phone or on site.
Implementation and management Implications:
• Waste evaluations apply to both recycling and source reduction
activities.
• May requires that staff time be allocated to providing auditing
services.
• different sectors of the economy have different waste generation
patterns, requiring that the auditor be familiar with different types of
nonresidential waste streams. A pool of specialized auditing staff
shared among neighboring communities would be an efficient
method of developing this range of expertise.
• Waste evaluations can be added to other auditing services such as
energy, water, and hazardous waste audits.
• A core team of waste auditors can coordinate the results of waste
evaluations with a local or regional waste exchange.
• Some firms may consider internal operations to be confidential.
231.SR.atternstives.DA.4 2/6/91
4.3.1.7 Advance Disposal Fee
The advance disposal fee is a tax on the manufacture of products which suffer
from inefficient market conditions, i.e, externalities. like other taxes, the
advance disposal fee (hereafter simply RDF) can be used as a source of
revenue and an incentive to source reduction and recycling in the marketplace.
Key design variables:
• The ADF can be levied against specific problem wastes (disposable
diapers), classes of wastes (non -recyclable products), or all products.
• The size of the ADF is highly controversial. At most, it should
represent the true cost of production and disposal minus the market
price. Alternatively, the ADF can represent a percentage of the true or
market costs.
• An ADF can be conditional upon certain conditions being met (or not
being met), such as failure of the product to reach a specific recycling
rate.
• The ADF can be imposed on all products manufactured within the
jurisdiction, on all products manufactured for sale within the
jurisdiction, or a union of the two.
Implementation and management Implications:
• The implementation of an ADF may require a bureaucratic level of
effort greater than many local jurisdictions can support.
• ADF improves the equity of the marketplace by charging those
consumers and producers of undesirable waste products a fee to
cover the cost of disposing of the product. The ADF reduces
inefficiencies in the marketplace created by externalities.
• Raising the price of products may be resisted by consumers, while
reducing the general tax burden may be applauded by taxpayers.
• ADF may be resisted by industrial groups presently benefitting from
economic externalities.
• Setting the ADF can be difficult for political reasons and because
estimating the true cost of disposal is an imprecise science.
• Advance disposal fees with conditional clauses (e.g. ADF increases if
the product fails to meet a recycling rate of 50% in three years)
creates an incentive for producers to support recycling and design for
recyciabiiity.
231.SR.altematives.DA.4 2/6191
4.3.1.6. Local Taxes, Fees, and Fines
Tax incentives and disincentives, fees, and fines can be applied to encourage
or discourage a wide range of desired or undesired products and services. One
significant tax, the advanced disposal fee, is detailed in a separate section
(4.3.1.7). Fines do not stand on their own as an independent alternative, as they
are a method of enforcing regulatory programs. They are included here
because, like taxes and fees, they create economic in to reduce. waste
and provide a source of funding for the jurisdiction.
Key design variables:
• Taxes and fees can target consumers, retailers, manufacturers, or
haulers.
• The item to be taxed can include services (garbage disposal), specific
products (disposable diapers), packaging (nonrefillable beverage
containers), inputs to production (virgin newsprint), or, equipment
(copy machines without the duplex capacity).
Changes in the tax structure can result in a net decrease or increase
of tax revenue,.depending on the emphasis on incentives (tax
exemptions) or disincentives.
• Tax which can be changed are sales tax, property tax, and business
tax.
• Taxes can be used to encourage any of the possible source reduction
and or recycling objectives or goals.
Implementation and management implications:
• Taxes can result in a net gain. or loss of revenue for the jurisdiction.
• Taxes may be difficult to administer.
• Taxes should aim to be neutral in terms of net taxation, as increased
taxes will be unpopular with taxpayers, while decreased revenue will
face internal resistance.
• Taxes, especially sales taxes at the paint -of -purchase, can provide
valuable monitoring information.
• Some taxes cannot be changed at the local level, and require state or
federal action.
• Taxes can be created to provide equity for the funding of public
programs. For example, battery recycling programs can be funded by
the users of batteries through a battery sales tax, rather than by the
entire tax base through the property, income, or general sales tax.
231.SR.altematives.Dk4 2/6/91
4.3.1.5. Business license fees
Businesses that implement source reduction programs may qualify for reduced
business license fees. Conversely, those business that do not develop source
reduction programs may be fined
Key design variables:
• conditions of eligibility
• methodology used for percent of license fee reduction or fine
• format: flat rate or percent
• require a business to submit source reduction plans as a condition of
having a business license or to avoid fines.
Implementation and management implications:
• difficulty measuring source reduction impact
• possible loss of revenue may cause resistance to program
• not effective if business fees are minimal or non-existant
• equity between small and large businesses
4.3.1.4. Deposits, refunds and rebates
Deposits have been used successfully as a means of increasing the percent of
plastic and aiuminium soda bottles recycled. With a rebate, the manufacturer
gives the customer money back, and with a refund, the retailer gives the
customer money back.
Key design variables:
• choose deposit; refund, or rebate
• method for determining how much
• disposition of unclaimed deposits
• choice of item that will have deposit, rebate, or refund
• implementation by government, retailer or manufacturer
Implementation and management implications:
• disposition of unclaimed deposits
• crass -municipal purchasers and redeemers make local implementation
difficult
• fraud prevention
4.3.1.3. Loans, grants and loan guarantees
A jurisdiction can help generators with grants, loans, and loan guarantees for
equipment* and other capital expenditures that will allow them to stars: source
reduction projects.
Key design variables:
• collateral requirements
• matching funds
• conditions of eligibility
• availability of funds
• kinds of materials to be reduced
• amount and effect on the wastestream
• level of need
Implementation and management Implications:
• interest rates, degree of risk for business and municipality
• institutional or policy requirements
• willingness of company to publicly make available information gained as
a result of source reduction efforts
• staff person(s) to oversee program
• budgets and competing priorities
• fiscal or financial effects of loans, grants and loan guarantees
4.3.1.2. Quantity -based Local User Fees
Quantity -based local user fees are a rate structure in which generators pay' for
garbage collection according to the quantity they set out. The rate structure
provides a direct incentive for every generator to reduce the amount of waste
disposed, through source reduction, recycling, and composting. In such
situations, program performance (public participation) becomes cost -driven
rather than convenience -driven.
Key design variables:
• Variable can rates can be applied to some or all of the types of waste
generators (single family, multifamily, commercial, etc.).
The variable rate can be weight- or volume -based.
• Containers can be provided by the city, the hauler, or purchased by
the generator. For example, the city might provide 30 -gallon buckets
or sell speciaily marked garbage bags. In both cases, only garbage
in approved containers (buckets, bags) will be collected.
• The level of service provided can be set by subscription or allowed to
vary from week to week.
• The differential and absolute quantity of the rate. A variable rate
structure can be linear (two containers cost twice as much as one),
exponential (two containers cost more than twice as much as one), or
some combination of flat, linear, and exponential.
Implementation and management implications:
• Generators must see their cost of service directly, rather than the cost
being hidden in the general tax. If generators can set out different
quantities of garbage bn different weeks, haulers must have some
method of monitoring these quantities and billing accordingly.
• Some sectors will be more responsive to variable can rates than
others (multifamily, for example).
• Because the per-unit cast of collecting additional containers ,
decreases for haulers, a poorly designed variable rate structure can
lead to dramatically increased profits for haulers.
Capitalizing a volume- or weight -based system may be expensive.
• Weight -based systems are relatively untested.
• Volume -based rates may lead to overstuffing of containers or littering.
• The potential for inequity between small and large generators exists.
• Variable can rates can subsidize recycling.
231.SA.altematives:DA.4 2/6/91
4.3.1.1. Local Waste Disposal Fee Modifications
The tipping fee at landfills and waste -to -energy facilities can be raised to reflect
the true cost of disposal. Differential rates can be set for recyclables and non-
recyciables. Assuming that the economic mechanisms- are in place, local waste
disposal fee modifications cause generators to internalize the true costs of
disposal.
Key design variables:
• Increased disposal fees can be enforced at the tipping gate or
through a sales tax.
• Size of the increase of the fee.
Implementation and management implications:
• High disposal fees at one isolated disposal facility may lead to
diversion of waste to a cheaper facility or illegal dumping.
• Increases in the disposal rate provide an incentive to both recycling
and source reduction. This alternative can be coupled with differential
disposal rates, explained in the recycling component.
Deciding the size of the fee increase can be challenging for political
as well as theoretical reasons - estimating the true cost of disposal is
still an imprecise science.
• The effect of raising the disposal fee on waste generators will be
cushioned by the greater cost of providing collection service. For
example, if disposal costs only account for 30% of the cost of
collection service, increasing the disposal rate by 50% will only lead
to a 15% increase in the cost of service to the generator. This
assumes that the haulers will neither absorb or profit from the
additional disposal cost.
231.SR.altematives.DA.4 2/6/91
L
MENU
OF SOURCE REDUCTION PROGRAM
ALTERNATIVES
Section
Wastestream Applicability
Number
Alternamre Residermat
ICI
Rate Structure Modifications
4.3.1.1.
Local waste disposal fee modifications
X
X
4.3.1.2
Quamity-based local user fees
X
X
Economic Incentives
4.3.1.3
Loans. grants, and loan guarantees
X
4.3.1.4
Deposits, refunds, and rebates
X
X
4.3.1.5
Business license fees
X
4.3.1.6
Local taxes. fees. and fines
X
X
4.3.1.7
Advanced disposal fees
X
X
Technical Assistance
and Promotion
4.3.1.8
Waste evaluations
X
4.3.1.9
Assistance with on-site composting
and mulching activities
X
X
4.3.1.10
Technical assistance to businesses and
industry and consumer organizations
X
X
4.3.1.11
Educational efforts
X
X
4.3.1.12
Awards and public recognition
X
X
4.3.1.13
Non -procurement source reduction
activities
X
4.3.1.14
Demonstration programs
X
X
Regulatory Programs
4.3.1.15
Government procurement ordinances
X
4.3.1.16
Incentives for land -use practices which
promote source reduction
X
X
4.3.1.17
Required waste reduction planning by
non-residential generators
X
4.3.1.18
Product and packaging bans
X
X
23.1.SR.menu.0A.3
1/31/91
AGENDA NO. 1
-----------------
CITY OF DIAMOND BAR
AGENDA REPORT
------------------
-- ------------------------------------------------------------
DATE: March 26, 1991 MEETING DATE. April 2, 1991
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Emergency Preparedness
BACKGROUND
During the past several months, staff has been working with the DBIA to develop
a self-help approach to emergency preparedness. The attached proposal has been
mutually developed and has the conceptual concurrence of City staff and the DBIA
Board.
RECOMMENDATION
It is recommended to approve the concept as presented and authorize staff to
proceed to encompass its provisions within the 1991-92 Fiscal Budget.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
- -- W-1 ----------------------- v ` - --- -'
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange
City Manager City Attorney Assistant City Manager
21660 EAST COPLEY DRIVE - SUITE 100
Ulm ' III DIAMOND BAR, CA 91765-4177
;_ 714-860-2489 - FAX 714-861-3117
March 22, 1991
Robert Zirbes, President
Diamond Bar Improvement Association
P.O. Box 4085
Diamond Bar, CA 91765
f
RE: Emerlrgenty Preparedness Services Proposal
Dear Mr/� bes:
It was pleasure to meet with you to discuss the oppor-
tunities for the City and the DBIA to work together in the
providing of emergency preparedness services to the com-
munity.
As we discussed, the City reviewed the February 23, 1991
DBIA proposal related to the development and implementation
of a neighborhood emergency preparedness plan. While the
scope of the proposal was ambitious, the proposal cost was
surprisingly high ($32,000). 1 believe the development and
implementation of a high quality neighborhood -based emer-
gency preparedness plan can be created for a much more
reasonable cost.
I mentioned .to you that the City has some constraints
placed on it regarding p4rchasing/proposal, as well as,
personnel procedures. Beyond these, the City is also
operating under very real financial limitations. At the
same time, I understand that the DBIA does not want to
engage in any activities that could place its non -tax
status in jeopardy. Further, the DBIA would prefer to be
involved in providing emergency preparedness services
without incurring any financial obligation or potential
conflicts of interest.
With the interests of both our organizations in mind, I
would like to take this opportunity to share with you the
recommendations I shall be making regarding emergency
preparedness:
GARY H. WERNER JOHN A. FORBING PHYLLIS E. PAPEN DONALD C. NARDELLA JAY C. KIM ROBERT L. VAN NORT
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager
CrrY OF DIAMOND BAR USES RECYCLED PAPER
DBIA
Robert Zirbes
March 22, 1991
Page Two
1. The City recruit and retain a part-time employee,
withpossible financial assistance from FEMA (up
to 50% cost sharing), to develop a comprehensive
plan for emergency preparedness services and a
complete implementation program. It would be a
two year contractual employee, with the under-
standing that the program would be evaluated for
its effectiveness and community acceptance.
2. After the emergency preparedness plan and
implementation program is completed, the City,
through its emergency preparedness person, and
the DBIA, through an emergency preparedness
liaison, will work together to develop a net-
work of neighborhood volunteers, with and through
whom the emergency preparedness plan will be
implemented.
3. The City will be responsible for whatever
financial obligations it undertakes in employing
of personnel, plan development and implementa-
tion, creation and printing of operational and
public relations material, volunteer training,
and other activities considered to be appro-
priate.
I would ask that you take the time to review these re-
commendations. If you have any comments, concerns or
recommendations, please let me know them as quickly as
possible. I am looking forward to working with you and
other members of the DBIA, in this most important community
program.
Sincely,
Robert L. Van Nort
City Manager
RLVN:tlb