The Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas, diverting water sheet flow, using barricades, danger tape or traffic cones to alert persons of the existence of hazards and replacing valve box covers so as to protect all persons from injury.
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Ex. A - 8 (BB&K 2020)
The Contractor shall inspect all work sites for hazards, or potential hazards in the contractual areas daily.
During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall immediately contact the City representative (either e-mail or text) indicating the condition, date, and the area that was inspected and a work order should be created using the myOntario App.
The Contractor shall cooperate fully with the City of Ontario in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Parks and Maintenance Director within three (3) days following the occurrence.
13. REMOVING OBSTRUCTION AND MAINTENANCE OF EXISTING IMPROVEMENTS Where the work is to be constructed in, or adjacent to, areas which have been improved by lawns, trees, shrubs, or gardens, the Contractor shall remove such trees or plants as may be necessary for the prosecution of the work and give them proper care and attention until the work has been satisfactorily completed, after which the Contractor shall replace them in as nearly the original condition and location as is reasonably possible. Where it is necessary to deposit the excavated materials on lawns during the process of construction, the Contractor shall first lay burlap or canvas on the lawn to prevent contact between the excavated material and turf grass.
Unless otherwise indicated in the contract documents, all utility lines, conduits, wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by them during the progress of the work, provided, that should the Contractor in the performance of the work disturb, disconnect, or damage any of the above, all expense, arising from such disturbance, or in the replacement or repair thereof, shall be borne by the Contractor.
However, in accordance with Section 4215 of the California Government Code, the Contractor shall be compensated 1) for the cost of locating and repairing damage to main or trunk line utility facilities located on the job site, not due to the failure of the Contractor or exercise reasonable care; 2) for costs of removing or relocating such utility facilities not indicated in the contract documents with reasonable accuracy; and 3) for the operation cost for equipment on the project necessarily idled such work.
At least two (2) working days prior to commencing any excavation pursuant to this Contract, the Contractor shall contact Underground Service Alert at (800) 422-4133 or other appropriate regional notification center if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations. 642
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Ex. A - 9 (BB&K 2020)
14. CONTRACTOR STAFF
The contractor shall provide the manpower as a minimum staffing requirement to comply with the performance of the landscape/irrigation maintenance specifications and requirements of the site.
The Contractor shall furnish one (1) supervisor with a minimum of 5 years of landscape and irrigation maintenance experience and sufficient supervisory and working personnel capable of promptly accomplishing all tasks on schedule, to the satisfaction of the Parks and Maintenance Director, or his authorized agent, all work required under this contract during the prescribed hours (6:30 AM to 4:00 pm). Staffing shall be as needed plus any additional workforce to complete the maintenance/construction tasks required on the frequency page. Payment will be based upon completed, acceptable work, Irrigation technician and spray technician to be provided as needed (personnel needs do not address the alternates per bid forms). Incomplete or unacceptable work will result in a delay or reduction of billing payment.
The Contractor shall have a competent supervisor, who is capable of communicate effectively both in written and oral English and discuss matters pertaining to this contract. Supervisor must be able to demonstrate to the satisfaction of the Parks and Maintenance Director, or his authorized agent, that they possess an adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high-quality work, which will be acceptable to the Parks and Maintenance Director or his authorized agent.
Any order or communication given to the supervisor shall be deemed as delivered to the Contractor. The contractor shall use the free myOntario App. The use of a Smart phone will be required.
The contractor shall provide the minimum staffing requirements to comply with the performance of the landscape maintenance specifications and requirements of the site. Personnel shall be on site ready to work no later than 6:30am.
The Contractor, and their employees, shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The Parks and Maintenance Director or his authorized agent, may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Ontario. 643
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Ex. A - 10 (BB&K 2020)
The Contractor shall require each of his employees to wear basic public works working attire.
These are basically proper shoes, and other gear required by State Safety Regulation, and proper wearing of the clothing. Shirts shall be worn and always buttoned; safety vests "Type II" are required when indicated by the Work Area Traffic Control Handbook, the Parks and Maintenance Director or his authorized agent.
The Contractor shall establish an identification system for personnel assigned to the maintenance/construction site, which clearly indicates to the public the name of the Contractor and individual responsible for the construction/maintenance work. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and name badges.
Contractor shall be responsible for traffic control (where needed) and shall be done per "WATCH" standards. Failure to comply with proper "WATCH" standards shall result in stoppage of all work until the proper traffic control is set up and could result in a fine. 1st violation $500.00, 2nd. Violation $ 1000.00, 3rd. violation and thereafter $ 3000.00 and/or possible cancellation of contract.
Inclement Weather
During inclement weather, (rainstorms, windstorms etc.) the contractor shall be required to contact the City representative prior to 7:00 am to receive clear direction of their assignments for the day. A minimum of two staff members shall be at the disposition of the City.
15. LOCAL OFFICE
A. The Contractor shall maintain an office with a telephone and provide at all times the following:
A responsible person(s), employed by the Contractor, which shall have the ability to take necessary action regarding all inquiries and/or complaints received from the Parks and Maintenance Director, or his authorized agent. This person(s) shall be accessible twenty-four (24) hours per day and seven (7) days per week. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractor is notified of any communication within one (1) hour after receipt of said communication. The telephone number(s) of the Contractor or responsible person(s) of the Contractor shall be a toll-free number for the City of Ontario. 644
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Ex. A - 11 (BB&K 2020)
B. During normal working hours, the Contractor's supervisors, who are responsible for providing contractual services, shall be available for notification through a landline or cellular telephone communication. This will allow the city to access the contractor at any time during City working hours.
16. STORAGE FACILITIES
The City of Ontario will not be providing storage facilities throughout the duration of this contract.
A. SIGNS
Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Parks and Maintenance Director, or his authorized agent.
Contractor shall, always, remove all unauthorized signs and advertising matter such as, but not limited to, garage sale signs, yard sale signs, campaign signs and personal business signs in the area under maintenance.
17. LOCK AND KEYS
A. Where City of Ontario locks and keys are required as part of this contract, the Contractor shall:
Not duplicate any coded City key furnished by the city.
Surrender all keys furnished by the Parks and Maintenance Director or his authorized agent promptly at the end of the contract period, or at any time-deemed necessary by the Parks and Maintenance Director, or his authorized agent, to prevent loss to the City of Ontario.
Protect the security of City property by keeping controller cabinets and enclosure doors always locked.
Contact the City immediately if a security lock is non-functional and needs repair. Refrain from using premises behind locked doors for storage of materials, supplies or tools except as approved by the Parks and Maintenance Director or his authorized agent. In the event that the contractor staff who has been assigned keys to the facilities resigns from his position, it is the 645
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Ex. A - 12 (BB&K 2020)
sole responsibility of the contractor to retrieve the keys assigned to such staff member and return to the City.
18. UTILITIES
The City of Ontario shall pay for the maintenance related to water and electrical utilities.
When needed, water usage shall not exceed the budgeted amount to comply with the City Water Conservation efforts. A water budget may be provided by the City and shall be reviewed and adhered to by the Contractor. Water budget shall be approved by the Parks and Maintenance Director, or his authorized agent.
The Contractor may be charged for all excessive utility usage (using the current utility rate) due to the contractor's failure to manage and or monitor irrigation system malfunctions or unauthorized increases in water usage. The excess cost will be determined by comparing the current utility usage with historical usage data for the same period.
The excess cost factor shall be deducted from payments to the Contractor. However, the Contractor will be allowed three (3) working days, upon receiving notice, to explain in written documentation the cause of the increase in utility usage in question. A final determination (after review of Contractor's explanation) of the deduction will be assessed by the Parks and Maintenance Director or his authorized agent.
19. NON-INTERFERENCE
The Contractor shall not interfere with the public use of the premises and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public, nor disrupt the peace and quiet of the area within which the services are performed.
20. PARKING
A. The Contractor shall park their vehicles and equipment within designated parking areas or in such a location to ensure normal vehicular traffic.
B. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA. Failure to perform proper traffic control will result in a formal warning (first time), deduction of $500.00 per instance after formal warning has been given and contractor fails to comply.
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Ex. A - 13 (BB&K 2020)
21. EMERGENCY CALLS
A. The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of normal working hours. Calls of an emergency nature received by the Parks and Maintenance Director or his authorized agent, shall be referred to the worksite Contractor for immediate disposition. If the work site Contractor cannot be reached within two (2) hours, the City will deduct from the monthly billing the cost of City forces, or other sources, used to repair the emergency. The Contractor shall not receive additional compensation for responding to emergencies for work included in these general conditions at contract work sites.
22. EXTRAORDINARY SERVICES
A. The Contractor shall be responsible for providing extraordinary maintenance and/or repairs to existing landscape and new landscape areas outside of their contract areas.
Extraordinary services shall be defined as work not included in these general conditions or work required at a site for which there is no contract. Extraordinary maintenance shall include answering emergency calls as required. Contractors shall respond to an emergency call within two (2) hours. Contractors shall maintain a 24 hours per day, seven days per week, on-call service for emergency calls. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, by telephone within 24 hours of any emergency extraordinary work that is performed. Non-emergency extraordinary work requires written approval before the work is performed. Submission of an EWA and approval by the Parks and Maintenance Director, or his authorized agent will be necessary. The Contractor shall be compensated for extraordinary work as defined in Section 9.
B. In situations involving emergency repair work after normal work hours, Contractors shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the work site Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary and proceed to repair on a temporary/permanent basis.
C. If a City Representative is still at the site when the work site contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with the City Representative. If the repair will take only a few minutes, the City Representative may stay to continue to direct traffic while the Contractor makes the repairs. If the repair will take longer than the City Representative 647
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Ex. A - 14 (BB&K 2020)
can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the City Representative.
D. An emergency may be called by the following individuals or agencies at anytime for extraordinary services involving repair work:
1. City Manager
2. Police Department
3. Fire Department
4. Parks and Maintenance Director
E. The following emergency phone numbers are listed for the convenience of the Contractors:
Fire Department (Dispatch) (909) 983-5911
Fire Department (Emergency) 911
Police Department (Dispatch) (909) 986-6711
Police Department (Emergency) 911
Southern California Edison (800) 655-4555
Southern California Gas (800) 427-2200
Dig Alert (800) 422-4133
23. REPORTING DAMAGE OR MALFUNCTION
Any damage to, or malfunction of, any facility not specifically stated in this Agreement shall be promptly reported to the Parks and Maintenance Director, or his authorized agent.
24. COMPENSATION FOR ROUTINE MAINTENANCE
The City shall compensate Contractors based upon the total dollar amount of a bid or the total dollar amount of a combination of bids, if applicable, in monthly installments beginning 30 days after the commencement of work. Billing adjustments may be made where authorized by this Agreement.
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Ex. A - 15 (BB&K 2020)
25. ADDITION OR DELETION OF LANDSCAPE AREAS
The Contractors shall maintain, at a unit price comparable to other existing landscape areas and subject to the Parks and Maintenance Director approval or his authorized agent's approval, additional landscape areas that the city adds to this contract. If notification is made of a new installation other than at the beginning of a monthly period, the unit cost negotiated and agreed upon by the parties, shall be prorated from the day the Contractor is notified to start maintenance. The City may elect to delete work sites, or portions thereof, within this Agreement at a unit price comparable to the bid price of said work sites.
26. DISCREPANCIES OR OMISSIONS
Should a bidder find discrepancies or omissions in the specifications or other documents, or be in doubt as to their true meaning, he may request a written interpretation from the Parks and Maintenance Director, or his authorized agent. Any interpretation, or change in the proposed documents, will be made only by addendum issued to each person to whom bid forms have been issued and shall become a part of the bid.
27. MINOR MODIFICATION
The Parks and Maintenance Director, or his authorized agent, may modify these specifications with the joint approval of the Contractor.
28. CONTRACTOR NON-COMPLIANCE
If the Parks and Maintenance Director, or his authorized agent, determines that there are deficiencies in the performance of this Agreement, the Parks and Maintenance Director, or his authorized agent, will provide a written inspection notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Parks and Maintenance Director, or his authorized agent, to correct the specified deficiencies but not to exceed five 5 working days from the day of the inspection punch list. If the site(s) show obvious signs of non-performance, the Parks and Maintenance Director, or his authorized agent shall have the ability to immediately enforce partial or full deduction for the site in question. Should the Contractor fail to correct all deficiencies within the stated time frame, the Parks and Maintenance Director, or his authorized agent, may exercise the following measures:
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Ex. A - 16 (BB&K 2020)
A. Deduct from the Contractor's payment the amount necessary to correct the deficiency, including City overhead and impose a deficiency deduction.
B. Withhold the entire or partial payment.
C. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead. The Parks and Maintenance Director, or his authorized agent, shall decide all questions which arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. In addition to the provisions of Section 3.3, Contract Documents and Section 28 (B), in event of a failure to correct a deficiency, or for any other breach of this Agreement by the Contractor, the City of Ontario may immediately terminate this Agreement. If the contractor requires extra time to complete the deficiency list due to materials/parts shortage, the contractor shall request in writing only the time needed to be added and the reasons why.
The City representative will review the request and shall respond to the contractor in writing of the decision made. Contractor shall present the request for extension within the first five (5) working days of the deficiency list.
29. PAYMENTS WITHHELD
The city may withhold entire or partial payment for reasons as follows:
A. Work required in the specifications, which is defective, incomplete, or not performed. Claims filed or reasonable evidence indicating probable filing of claims.
B. Failure of the Contractor to make payments properly to subcontractors, or for materials and/or labor. A reasonable doubt that the contract cannot be completed for the remaining balance.
C. Reports, logs, or other contractual written documentation required of the Contractor to be delivered to the Parks and Maintenance Director, or his authorized agent, which is/are incomplete or not performed.
30. WITHHELD CONTRACT FUNDS
The Contractors may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the contract. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent who shall pay such monies to the Contractors upon satisfactory completion of the contract. The Contractor 650
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Ex. A - 17 (BB&K 2020)
shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Public Contract Code Section 22300. One definition of just cause for immediate contract termination is, if in the opinion of the Parks and Maintenance Director, or his authorized agent, the contract cannot or will not be completed by the Contractor in its entirety. In the event of such termination, the bonds required shall remain in effect for six (6) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed.
If the Contractor fails to meet the specifications of this contract for any fifteen (15) consecutive or non-consecutive days, the Parks and Maintenance Director, or his authorized agent, may at his option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect three (3) days after such notice is mailed.
31. COMPLAINTS FROM CITY
The Contractor shall maintain an on-the-job a written log of all complaints which includes the date and time received and the action taken or the reason for non-action. The on-the-job log of complaints shall be available upon request from the City Representative. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Parks and Maintenance Director, or his authorized agent. If any complaint is not abated within 24 hours, the Parks and Maintenance Director, or his authorized agent, shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Parks and Maintenance Director or his authorized agent, within four (4) City working days.
If the complaints are not abated within the time specified, or to the satisfaction of the Parks and Maintenance Director or his authorized agent, the Parks and Maintenance Director, or his authorized agent, may correct the specific complaint and the total cost incurred by the City of Ontario shall be deducted and forfeited from the payments owing to the Contractor from the City of Ontario.
32. CONTRACTOR IS AN INDEPENDENT CONTRACTOR, INDEMNIFICATION Contractor shall act under the contract as an Independent Contractor thorough the City of Ontario and will not be an agent, or employee of the City. Contractor shall not represent or otherwise hold out itself, or any of its subcontractors, directors, officers, partners, employees, or 651
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agents, to be an agent or employee of the City. Contractors shall indemnify and otherwise hold harmless the City, its officials, officers, directors, employees, agents and other representatives, from all liability, loss, or damage, including reasonable attorney's fees and other costs of defense resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor, or of any of its subcontractors, directors, officers, partners, employees, or agents in the course of, or in connection with the Contractor's performance under the contract. The Parties agree to cooperate fully in the resolution of any claims for such liability, loss, or damage.
33. SUBCONTRACTOR/ASSIGNMENT OF CONTRACT
Reference is hereby made to the provisions of The Subletting and Subcontracting Fair Practices Act (Government Code Sections 4100, et. seq.), which are incorporated herein and made a part hereof by this reference.
A copy of each subcontract, if in writing, or if not in writing, then a written statement signed by the Contractor, giving the name of the subcontractor, and the terms and conditions of such subcontract, shall be filed with the City before the subcontractor begins work. Each subcontract shall contain a reference to this agreement between the City and the Contractor, and the terms of that agreement between the City and the Contractor and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered thereby. Each subcontractor shall provide for its annulment by the Contractor at the order of the City, if, in the City's opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractual relation between any subcontractor and the City or relieve the Contractor of any liability or obligation hereunder.
Contractor shall not assign, transfer, convey or otherwise dispose of this contract, or of his rights of interests in or to the same or any part hereof, without the previous consent in writing of the Parks and Maintenance Director, or his authorized agent. If the Contractor, without such previous written consent assigns, transfers, conveys, or otherwise disposes of the contract, or of his rights or interests therein, the contract may, at the option of the City, be terminated and revoked, and the City shall there upon be relieved and discharged from all liability and obligations arising out of the same to the Contractor, and to his assignee or transferee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any 652
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Ex. A - 19 (BB&K 2020)
part thereof unless authorized by the written consent of the Parks and Maintenance Director, or his authorized agent.
34. COMPLIANCE WITH THE LAW
Contractor agrees that their performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the county of San Bernardino, the City of Ontario and any other political entity having jurisdiction over the activities of the Contractors. The Contractor State License Board for the State of California has administratively determined in writing that a C-27 Contractor License is required to provide the service as set forth in the contract and specifications. Therefore, each bidder will be required to hold a valid C27 Contractor License.
35. PAYROLL
Section 1776, Chapter 1 of Division 2, from the California Labor Code requires that each Contractor and Subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him.
The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard.
Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining agreements filed with the Department of Industrial Relations.
36. LABOR STRIKE
It shall be the responsibility of each contractor to provide continuous contractual services, without any interruption.
In case of any labor strikes, the Contractor shall provide other means, as its own cost, to provide a comparable continuous contractual service as if there were no strike.
Failing to do so will cause the Parks and Maintenance Director, or his authorized agent, to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor.
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Ex. A - 20 (BB&K 2020)
37. TURF GRASS CARE (Where Applicable)
A. Turf grass Mowing:
The Contractor shall mow all turf grass with adequately sharpened rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
The blade adjustment shall provide a uniform, level cut without ridges, depressions or scalping.
All cool season turf grasses shall be cut with a power driven rotary mower at a two inch (2") height from November to February and at two and half inches(2 1/2'.') from March to October.
Turf grass mowing heights may be adjusted by the Parks and Maintenance Director, or his authorized agent, during periods of turf grass renovation.
Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
The Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance contract. This mowing schedule shall be approved by the Parks and Maintenance Director, or his authorized agent. Any alteration of the approved mowing schedule shall be submitted in writing to the Parks and Maintenance Director or his authorized agent, for approval prior to implementation.
B. Turf Grass Edging and Trimming:
Turf grass edging and trimming shall be performed per frequency schedule at the time of mowing.
Edging of turf grass shall be performed with a power edger containing a steel blade, the use of string trimmers (weed-eater) to edge turf areas is not a practice acceptable to the City. The use of a stick edger is acceptable.
All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
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Ex. A - 21 (BB&K 2020)
Where facilities include a softball or baseball field, the infield radius shall be edged regularly to keep radius clearly defined. Grass and weeds shall not encroach into the infield and shall be treated/removed immediately.
Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
Tree trunk protectors shall be provided and installed, at no additional cost to the City, when string trimmers are utilized for trimming around the base of trees. The City may allow a sixteen inch (16") diameter mulch ring around trees to eliminate continual string trimming.
A four-inch (4") barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the contractor vacating the work site.
After mowing and edging is completed, all adjacent walkways and gutters shall be swept or blown clean.
Blowing and disposing of grass clippings into the City storm drain system and/or streets shall not be permitted. If found contractor will face liquidating damages as follows; 1st violation$ 1000.00, 2nd violation $ 2000.00, 3rd violation and thereafter $ 3000.00.
C. Turf grass Fertilization
The turf grass shall be continually fertilized a minimum of 3 x per year with additional application if needed, to provide a healthy and vigorously growing turf grass with horticultural acceptable growth and color, as determined by the Parks and Maintenance Director, or his authorized agent.
1. Fertilization shall be performed with a balanced fertilizer, consisting of a 3-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area. Any change in the 655
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Ex. A - 22 (BB&K 2020)
fertilizer ratio and/or rate shall be submitted in writing and approved by the Parks and Maintenance Director, or his authorized agent, prior to usage.
2. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
• Location and exact date the fertilizer application will be performed. • Type of fertilizer and method of application to be used.
3. The Contractor shall immediately irrigate (staff shall be present when irrigating during the day) after each fertilizer application and repair with sod (Dwarf Fescue) any damaged areas due to fertilizer/chemical burn.
4. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
D. Turf grass Renovation
1. Renovation shall consist of aerating, verticutting, thatch removal, over-seeding and top dressing (a minimum of l/8").
2. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any renovation operation. This written document shall include location and exact date the renovation will be performed and type of equipment and materials to be used.
3. Contractors shall remove all renovation-generated debris from the work site the day of the renovation operation and prior to vacating the work site.
4. Light verticutting and thatch removal of warm season turf grass (where present) shall be performed between September 30th and October 15th or as directed by the City Representative.
5. Over-seeding shall be performed within two (2) days after verticutting with properly calibrated seeders. Warm season turf grass shall be over-seeded at a rate of ten (10) pounds of seed per 1,000 square feet. A 3 way dwarf type Bermuda grass seed shall be used. Seed tags shall be provided to the Parks and Maintenance Director, or his authorized agent. Additional over-seeding shall be performed if less than 80% germination occurs within the first month. 656
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Ex. A - 23 (BB&K 2020)
6. Top dressing shall be performed using a properly calibrated top dressing machine and seed shall be topped with one-eight inch (1/8") of weed free topper. The topper must be approved by the Parks and Maintenance Director or his authorized agent, and shall not contain steer manure (City reserves the right to provide the topper needed if available and in stock).
7. Reseeding of bare spots shall be performed continually throughout the year to reestablish turf to an acceptable quality. If quality does not meet the City acceptance contractor shall replace with sod (Bermuda grass, Dwarf Fescue or equal).
The Parks and Maintenance Director or his authorized agent, will require the use of sod as a replacement material when deemed necessary. The Contractors shall be entitled to the wholesale cost of the sod only, provided the loss of turf grass was not due to the negligence of the Contractor. Sod shall be Bermuda grass or Dwarf Fescue.
E. Aeration
All turf grass shall be aerated four (2) times per year, once every quarter, starting July 1st.
Aeration shall be performed with a ride on or a walk behind aerator machine which has one-half inch (1/2") to one inch (1") in diameter coring tines spaced no more than six inches (6") apart.
The machine shall remove cores from the turf to a depth of 4-6”. Dragging or pulverizing of cores is acceptable.
F. Turf grass Irrigation
All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and over spray shall be minimized. Where possible, the turf grass irrigation shall be on a separate program from other plant material irrigation. Turf grass shall be irrigated in a method which promotes deep root growth.
At facilities with softball and baseball infields, Irrigation shall be adjusted so as not to overlap into the infield mix. Any reports of saturated infield mix from irrigation shall be addressed immediately.
38. SHRUB CARE
A. Pruning of Shrubs
Shrubs shall be pruned with sharp pruning tools.
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Ex. A - 24 (BB&K 2020)
Shrubs shall be continually pruned, as necessary, to prevent encroachment of passageways, walks, streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically pleasing landscape.
All pruning cuts shall be one-quarter inch (1/4") above a node (bud). No projections or stubs shall be allowed to remain.
After pruning is completed, all adjacent walkways and gutters shall be left clean. Blowing and disposing of any debris into the Storm Drain system and/or streets shall not be permitted. If found, Contractor will face liquidating damages as follows; 1st violation $ 500.00, 2nd. violation $1000.00, 3rd. violation and thereafter $3000.00 and/or possible cancellation of contracts.
During blooming season, vines shall be trimmed minimally so as not to remove floral display areas.
Pruning shall be done to maintain a well-groomed, natural growth habit, and encourage air movement through shrubs.
The Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
Pruning of roses (except for trailing roses) shall be accomplished using best horticultural practices. The use of hedge shears to prune roses will not be permitted. Roses shall be deadheaded as needed and shall be heavy pruned once per year.
New plantings, once approved by the City Representative, shall take place within a week from the date reported.
B. Shrub Fertilization
Shrubs (including roses) shall be fertilized a minimum of 3x per year or as directed by the Parks and Maintenance Director his authorized agent with a balanced fertilizer specific for the type of plants. Roses shall be fertilized once following heavy pruning and one additional time per year.
Foliar fertilization may be performed when appropriate and will require the approval of the City Representative.
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Ex. A - 25 (BB&K 2020)
C. Shrub Irrigation
All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and over spray shall be minimized. Shrubs shall be irrigated in a method, which promotes deep root growth.
D. Shrub Replacement
All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same species plant material that existed (unless a disease situation is discovered affecting the specie). Shrubs shall be replaced within 7 days after being identified by the contractor or authorized agent. Size of the replacement plant material is to be determined by the authorized agent. The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor's faulty maintenance or negligence, as determined by the Parks and Maintenance Director, or his authorized agent.
Substitutions or any plant materials must have prior written approval by the Parks and Maintenance Director, or his authorized agent.
Original plans and specifications may be consulted to determine correct identification of species.
All shrubs shall be guaranteed to live and remain in a healthy condition for the duration of the contract from the date of installation, inspection and verification by the Parks and Maintenance Director, or his authorized agent.
Soil build-up around the crown of shrubs shall be continuously removed.
E. Vine Maintenance
Vines shall be trimmed as needed to promote upright growth and shall be kept attached and contained on the structure.
All vines shall be trimmed on a as needed basis by the contractor, the standard of the City is to trim vines one block below the top of the wall, the City understands that its vines in some sites are mature and have grown over the top of the wall, the contractor shall only be responsible to trim the vines that are solicited by our residents and will have to adhere to the standards herby mentioned. No vines will be allowed to grow in newly installed wood fences or wood fence 659
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Ex. A - 26 (BB&K 2020)
extensions (above the top of the fence or block wall). Vines shall be trimmed tight and follow horticultural standards.
39. GROUNDCOVER CARE
Groundcovers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited to, Honeysuckle, Myoporum, Senecio, Rosemary, Lantana, Ivy (spp.) Salvia (spp.)
A. Edging and Trimming of Groundcover
Edging of groundcover areas shall be performed monthly or as needed.
All groundcover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line.
All groundcover shall be continually trimmed at the drip line of all shrubs.
All groundcover shall be continually trimmed along walls, valve boxes, water meter boxes, backflow devices, or other structures located within the groundcover area as determined by the Parks and Maintenance Director, or his authorized agent. Thinning of groundcover may be required around sprinklers to provide maximum irrigation coverage.
All clippings and trimmings shall be removed from the work site in a legal manner the same day work is performed and prior to the Contractor vacating the work site.
After edging or trimming, the Contractor shall clean all adjacent sidewalks or gutters.
B. Renovation of Groundcover Areas
Groundcover planting shall be thinned and pruned for the health of the planting and the appearance of the site, or as required by the Parks and Maintenance Director, or his authorized agent.
C. Replanting of Groundcover Areas
Replanting shall be required to maintain the continuity of the groundcover areas that die back after awarding the contract.
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Ex. A - 27 (BB&K 2020)
Labor and replacement material costs shall be incurred by the Contractor.
D. Groundcover Irrigation
All groundcover areas shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and overspray shall be minimized.
E. Groundcover Fertilization
The groundcover shall be fertilized during growing season, minimum lx per year, to provide a healthy and vigorously growing ground cover with horticultural acceptable growth and appearance, as determined by the Parks and Maintenance Director, or his authorized agent.
Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-1-1 ratio, at a rate of one pound (1 lb.) of actual Nitrogen per 1,000 square feet. Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the Parks and Maintenance Director, or his authorized agent, prior to usage.
The Contractor shall immediately irrigate after each fertilizer application.
All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any fertilizer application. This written document shall include the location and exact date the fertilizer application will be performed, type of fertilizer and method of application to be used.
40. METHOD OF IRRIGATION
If recycled water is being used, it will be the responsibility of the contractor to implement BMP's ("Best Management Practices") to control soil erosion, over spray, ponding and efficient irrigation practices. The use of recycled water shall be limited to the areas designated and approved. The use of recycled water shall not be permitted during the hours of 6:00 AM through 10:00 PM unless prior approval is received from City Representative. Recycled facility shall be operated in accordance with the best BMP's to prevent direct human consumption and to minimize misting, ponding and runoff. BMP's shall be implemented that will minimize both public 661
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Ex. A - 28 (BB&K 2020)
contact and discharge onto areas not under contractors control. Contractor shall ensure that the recycled water systems are maintained, operated and repaired at all times in a manner that does not cause illness or injury to any person and in a manner that does not cause damage or injury to the real or personal property of any person or entity. All recycled water sites shall be in compliance with the City of Ontario Utilities Department. Contractor shall be responsible to maintain and replace all items after annual inspection pertaining to proper recycling water designation, items to include but not limited to (head color designation, tags etc... ).
A. GENERAL IRRIGATION USES
• All windblown spray and surface runoff of recycled water applied for irrigation onto property not owned or controlled by the discharger or recycled user shall be prevented by implementation of BMP' s.
• Irrigation with recycled water shall be between the hours of 9:00 PM and 6:00 AM to be able to minimize public use of the service area.
• Facilities that might be used by the public, including but not limited to eating surfaces and located within the approved used areas, shall be protected to the maximum extent possible from contact by irrigation with recycled water spray, mist or runoff. • It is the responsibility of the contractor to communicate to their workers the potential health hazards associated with contact or ingestion of recycled water and shall be educated about proper hygienic practices to protect themselves and their families. • Workers and public shall not be subjected to recycled water overspray. • Contractor shall be responsible for the training and certification on recycled water use of any staff assigned to work in the facility.
Irrigation shall be performed by the use of a Central Irrigation System (Calsense), local automated systems or manual sprinkler systems where available and operable. Contractor shall be required to monitor the computer system daily by retrieving alert/reports from the lobby area of the Public Works Agency (1425 S. Bon View Avenue, Ontario, CA.) once per day no later than 9:00 AM, contractor shall sign in every day when picking up paperwork. Completed alert/reports shall be returned to the City representative within 48 hours. Failure to do so will result in a non-compliance report and will be handled per contract specifications. Returned reports shall be accompanied with a written explanation of the problem and the repair. However, 662
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Ex. A - 29 (BB&K 2020)
failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site. All areas receiving marginal coverage shall be irrigated by portable irrigation method. The contractor shall furnish all tools/equipment necessary.
41. IRRIGATION INSPECTION
The Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all work sites and identify all needed repairs.
Required repairs shall be submitted to the Parks and Maintenance Director, or his authorized agent, in a written statement within two (2) weeks after the start date of the Maintenance Contract. If a written statement, which documents required repairs, is not received by the authorized agent, within the stated timeframe, the entire system shall be interpreted as fully operational, and deemed acceptable by the Contractor and will become his sole responsibility to maintain. The City shall review and verify all submitted problems, repairs may be completed by the following methods:
1. Authorized the Contractor to make appropriate repairs at the expense of the City as described in Section 5.
2. Use City forces to make required repairs.
3. Use another source to make required repairs.
Upon completion of such repairs, the Contractor shall sign-off each individual area as being fully operational.
A. The Contractor shall file a monthly statement with his invoice certifying that all irrigation systems are functioning properly. If the Contractor fails to submit this statement, the invoice will be rejected until such date the statement is received.
B. The Contractor shall inspect the operation of the irrigation system on a weekly basis for any malfunctions. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.
C. All system malfunctions, damage and obstructions shall be recorded, reported to the Parks and Maintenance Director, or his authorized agent, and corrective action taken. 663
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Ex. A - 30 (BB&K 2020)
42. IRRIGATION MAINTENANCE AND REPAIRS
A. The Contractor shall maintain all irrigation systems, at no additional cost to the City, in such a way as to:
• Guarantee proper coverage and full working capability. • Make whatever adjustments may be necessary to prevent over spray or excessive runoff into street rights-of-way or other areas not meant to be irrigated.
B. The Contractor shall repair or replace at no additional cost inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves, all irrigation non pressurized pipes, all manual and automatic valves, filters, basket strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers shall be the same as to removed manufacturer items unless prior approval has been granted by City representative in writing. Contractor shall test all backflows and submit to the City the appropriate test form once completed (contractors’ cost). Any device that fails to pass, the contractor shall report to the City for needed repairs and re-inspection.
Maintenance includes, but is not limited, tightening loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkler heads for proper coverage and to avoid irrigating hardscape including softball and baseball infield radius; anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters, replace batteries for battery operated valves and maintain solar operated valves, relocation of irrigation mainline or lateral lines due to tree placements and roots. The Contractor shall be responsible to replace recycle (purple) valve box lids and controller boxes, as needed and or as directed by City Representative. Labor shall be provided at no additional cost to the City.
C. Irrigation repairs shall be made within the following time limits:
Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.
All other irrigation repairs shall be made within one (1) day of identification or notification.
D. Replacement of irrigation components shall match city approved equipment list.
Substitutions must be approved by the Parks and Maintenance Director, or his authorized agent, in writing prior to installation.
664
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Ex. A - 31 (BB&K 2020)
43. WATER CONSERVATION
The Contractor shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
The Contractor shall comply with all City of Ontario Ordinances and/or Resolutions, which relate to water conservation.
Failure to comply shall result in an equitable amount deducted from the Contractor's payment.
44. CONTROLLER PROGRAMMING
A. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows:
Whenever possible, automatic irrigation shall be programmed to operate between the hours of 9:00 P.M. to 8:00 A.M. The Contractor shall be responsible for reprogramming controller during inclement weather to conserve water.
Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, runoff and erosion potential, and the relationship of conditions which affect day and night watering.
Extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun or shade. Also, the variation in the size of plants, as well as varietal differences must be considered.
The irrigation system will be controlled by the contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf grass.
C. The Contractor, at the request of the Parks and Maintenance Director or his authorized agent, shall submit a copy of the irrigation schedule for each individual controller. This information is to be readily available upon request or available at the controller.
D. All landscape and turf areas shall be irrigated as required maintaining adequate growth and appearance with a schedule most conducive to plant growth. 665
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Ex. A - 32 (BB&K 2020)
45. IRRIGATION CONTROLLER
A. The Contractor shall maintain controller as-builts (controller charts) inside each controller cabinet where available.
B. All controller enclosures shall receive a granular chemical application as needed to prevent pest infestation. Any damages resulting from any insect infestation due to failure to apply the chemical shall be repaired/replaced by the contractor (no expense to the City).
C. Controllers and dome antennas shall be inspected and cleaned by the contractor 4 x per year and report damages or maintenance needs.
46. TREE CARE
A. Tree Trimming
The Contractor shall be responsible for all tree under-trimmings, including the removal of palm fronds and flower stalks (if present). All trees are to be under-trimmed to ensure public and vehicle safety or as directed by the Parks and Maintenance Director, or his authorized agent.
Contractor shall have a Certified Arborist on staff to meet the following criteria:
Contractor shall prune palm trees at no extra cost to the City (dead fronds and flower stalks) annually, removal of fruit (dates) if present shall be done twice per year as designated by the Parks and Maintenance Director or his authorized agent.
Trees shall be pruned at no extra cost to the City on a cycle of once every three years, contractor to create a myOntario App once the trees have been completed under the Tree section and have the City representative inspect them. The contractor shall not leave the site until the work has been completed, approved and released by the City representative.
The Contractor shall notify the Parks and Maintenance Director, or his/her authorized agent, except when pruning is required for public safety. Once all trees are trimmed, a formal (Company letterhead) record of the work performed with time, date, location, type of tree, removal percentage and staff assigned to do the work. Any tree that is not trimmed by the end of 3-year cycle shall be deducted from the final billing of the maintenance contract.
All trees in the work site shall be maintained in their natural shapes. This work shall be accomplished in a manner which will ensure that each individual tree is under-trimmed carefully to promote the tree's health and appearance.
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Ex. A - 33 (BB&K 2020)
All work shall be of the highest quality and performed in accordance with City approved tree trimming standards.
All trees shall be pruned within forty-eight (48) hours upon notification to remove or prevent encroachment where it blocks vision, or encroaches in any manner deemed undesirable by the Parks and Maintenance Director or his authorized agent.
All trees shall be continually maintained free of all dead, diseased and damaged branches back to the point of breaking. In cases where the dead, diseased or damaged branches are beyond the reach of a tree pruning pole saw being operated from ground level, the Contractor is to notify the City within 24 hours. Cuts must be made flush with the collar to promote proper healing. Pruning tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce spread of disease.
All sucker growth is to be removed from trees as it occurs.
The Contractor shall maintain all branches which encroach on or over sidewalks at a minimum height of ten feet (10') clearance. The Contractor shall notify the city within 24 hours of any branches encroaching beyond the curb line into the street that cannot be reached with a pole saw.
All branches which encroach over private property, shall be removed as directed.
The Contractor shall not remove or disturb any tree central leader without prior written approval from the Parks and Maintenance Director, or his authorized agent.
The Contractor shall include the removal of 20 trees per year with a DBH not to exceed 20” as part of his bid package and a unit price to perform an individual complete tree trim, and individual tree removal price. Contactor shall create a final work order using myOntario App once the trees have been trimmed, the City representative will inspect once the App has been closed as completed for release.
B. Tree Staking/Guying
The Contractor shall, at no additional cost to the City, stake and tie all trees, which require support. City does not provide stakes and ties. Tree stakes shall be 3” x 10’ wooden lodge poles. Two (2) tree stakes are required per tree.
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Ex. A - 34 (BB&K 2020)
Guy wires, where required, will be of pliable zinc-coated ten-gauge wire (three ties per tree), and shall have a white PVC sleeve for visibility. Guy wires shall be kept tight enough to promote natural movement of the tree. Contractor shall periodically check the tension in the guy wires.
Trees shall be secured to stakes with cinch ties or equivalent. The Contractor shall not use wire and hose. Stakes shall not be placed closer than eight inches (8") from the tree trunk.
C. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and retied as necessary, to prevent girdling.
D. Tree Replacement
1. The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Parks and Maintenance Director, or his authorized agent.
Where there is a difference in value between the tree damaged by the Contractor and the replacement tree, this difference may be deducted from the Contractor's payment.
In all cases, the value of the trees lost will be determined by the Parks and Maintenance Director, or his authorized agent, using the latest ISA Guide for Plant Appraisal.
2. Unsalvageable downed trees, due to any cause (windstorm etc...), shall be removed, the stump ground to a depth of eighteen inches (18"), the stump grinding debris removed and the hole refilled with compatible topsoil and compacted within 48 hours of identification or notification. If the tree is in the public right-of-way or creating a public hazard, the tree is to be cut back to a 12" stump immediately upon notification and removed. Then within 48 hours, the stump is to be removed and the hole filled with compatible topsoil and compacted. This work shall be considered and EWA and invoiced to the city.
3. Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor with a twenty-four (24") box tree and billed as "Additional Work". The Parks and Maintenance Director, or his authorized agent may specify a species of tree for replacement different from the one lost.
E. Tree Irrigation
All trees shall be adequately irrigated to maintain a health and attractive appearance. Irrigation runoff and over spray shall be minimized.
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Ex. A - 35 (BB&K 2020)
Trees shall be irrigated in a method which promotes deep root growth. The contractor shall provide manual deep watering to those trees that show decline.
47. WEED CONTROL
Weeds are defined in the dictionary as:
“A wild plant growing where it is not wanted and in competition with cultivated plants." When classified by their gross morphological features, weeds are broken down into three major categories: grasses, sedges, and broadleaf weeds.
Full control of these 3 categories of weeds will be achieved with a combination of selective and non-selective herbicides as well as mechanical removal. Weeds should not be visible.
All areas within the specified maintenance area, including but not limited to, turf grass, shrub and ground cover areas, planters, tree wells, landscape areas, and softball/baseball infields shall be kept free of weeds at all times.
Weed removal shall consist of complete removal of all weeds, including top growth and roots.
Weed control shall be performed as needed.
Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Parks and Maintenance Director, or his authorized agent, may restrict the use of chemical weed control in certain areas.
48. DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. The Contractor shall report any applied treatments within their next monthly billing. The Contractor shall identify the disease, snail, insect or rodent and specify control measures to be taken. The Contractor shall implement control measures, exercising extreme caution in the application of all spray materials, dust or other materials utilized.
Approved control measures shall be continued until the disease, snail, insect or rodent is controlled to the satisfaction of the Parks and Maintenance Director, or his authorized agent.
The Contractor shall utilize all safeguards necessary during disease, snail, insect or rodent control operations to ensure safety of the public and the employees of the Contractor.
The Contractor shall perform, at their sole expense, the following services:
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 669
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Ex. A - 36 (BB&K 2020)
Control Advisor License for each chemical used is required prior to chemical application where required by law.
All chemicals requiring a special permit for their use must be registered by the Contractor with the County Agricultural Commissioner's Office and a permit obtained with a copy to the Parks and Maintenance Director, or his authorized agent, prior to use.
A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Parks and Maintenance Director, or authorized agent, on a monthly basis.
49. USE OF CHEMICALS
The Contractor shall submit a list of all chemical herbicides, pesticides, and rodenticides proposed for use under this contract for approval by the Parks and Maintenance Director or his authorized agent with the signed contract. Materials included on this list shall be limited to chemicals approved by the State of California Department of Food and Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a California State Licensed Pest Control Advisor where required by law.
The use of chemicals shall conform to the current San Bernardino County Agriculture Commissioner regulations. No chemical herbicide, rodenticide or pesticide shall be applied until its use is approved, in writing, by the Parks and Maintenance Director, or his authorized agent as appropriate for the purpose and area proposed.
Required spray equipment will consist of at least one (1) medium spray rig of 100-gallon (minimum) capacity or more and backpack sprayers provided for each crew performing chemical landscape maintenance.
50. TURF BROADLEAF
Control of broadleaf weeds shall include proper notification with chemicals to be used, date, and time to the Parks and Maintenance Director, or his authorized agent. prior to starting date for approval. Frequencies will be twice per year.
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Ex. A - 37 (BB&K 2020)
51. LITTER
All areas in the work sites shall be kept free of, but not limited to, the following items: bottles, glass, broken glass, cans, paper, cardboard, metallic items, feces, leaves, tumbleweeds and other debris on a daily basis.
The Contractor shall promptly remove from the work area, all debris generated by their performance and dispose of the debris in a legal manner. The City does not allow any dumping of debris generated by your daily work in City facilities. Illegal dumping picked up by contractors shall be brought up to the City yard for proper disposal. Excessive dumping (above and beyond reasonable) after long holiday weekends and special events shall be reported immediately to the City Representative.
Hazardous waste as well as homeless belongings shall not be picked up. Contractor shall contact City Representative to arrange proper disposal by City forces. A myOntario App service request shall be created to report the hazardous conditions.
52. GRAFFITI
A. The Contractor shall remove any graffiti upon discovery within their contractual areas.
Extreme caution shall be placed on areas that get tagged to make sure that they get cleaned up with materials that do not damage the finish product (PVC Vinyl fence) and are biodegradable.
Issues of graffiti outside their contractual obligations shall be reported to the Graffiti Hot Line 909-395-2626 or create a service request within the myOntario App B. Issues of above normal graffiti vandalism within the contractor's contractual area shall be reported to the City representative upon finding. Phone call, text, or creation of a myOntario App service request are acceptable methods of communication to the City Representative. The City reserves the right to request an outside contractor to help with the cleaning or will have the right to request that the contractor performs the work as an additional cost to the City.
C. If graffiti cannot be removed and needs to be painted over, cover up paint shall match existing paint. Graffiti on sidewalks shall be removed with a hot steam pressure washer.
Painting of sidewalks over graffiti shall not be allowed. 671
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Ex. A - 38 (BB&K 2020)
53. GENERAL
A. Trash Removal
Remove all trash and accumulated debris from the work sites daily. In addition, any type of feces is also to be removed from the walkways, turf or ground cover areas and dumpster areas.
B. Policing of Areas
All maintained areas shall be policed based on frequencies.
C. Curb and Gutter Maintenance
The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area monthly. The Contractor is responsible for insuring the roadway is cleared of all dirt and debris within four (4) feet of the curb and gutter in all areas adjacent to maintenance responsibilities.
D. Walkway Maintenance
Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment. All walkway cracks and expansion joints shall be maintained weed and grass free at all times.
E. Drain Maintenance
All drains and catch basins shall be kept free of siltation and debris at all times. All V-ditches and drainage areas shall be kept clean and edged weekly by the Contractor. Cleaning of drain basins shall be done monthly, Contractor shall inspect weekly to make sure that grates are secured, if missing, Contractor shall replace at City's expense. Damaged grates due to Contractor's operations shall be replaced at Contractors expense.
F. Removal of Leaves
Accumulation of leaves shall be removed from all designated landscape areas on a monthly basis and under trees once per month or more as needed. 672
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Ex. A - 39 (BB&K 2020)
G. Hardscape Power Wash
All concrete areas shall be cleaned using a power washer (hot steam cleaning washer) to remove soda spills, gum and other stains that might be present. The City Representative will make the final determination if the service is needed.
The use of a biodegradable cleaner (soap) is required and permitted. Containment of contaminated soapy water shall be the responsibility of the Contractor.
54. REPAIR AND SERVICE OF WALKWAYS AND MISCELLANEOUS IMPROVEMENTS Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition.
The Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration but will be required to replace all improvements damaged by his negligence.
It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, or any other structural improvements within the work sites, unless otherwise specified. The Contractor shall be entitled to additional compensation for these services as stated. The contractor shall communicate any improvements needed prior to repairs to the Parks and Maintenance Director or his authorized agent for proper approvals.
55. MULCH
Mulch beds shall be replenished 2 time per year at the Contractor’s cost . The City may provide the mulch if an additional mulching is needed. If City provided, the Contractor will be responsible for loading the mulch at the City yard at 1425 S Bon View.
56. RODENT CONTROL
All areas shall be maintained free of rodents causing damage to turf, shrubs, and groundcover areas (gophers, squirrels etc.) by using Gophernator or trapping. Any activity that affects holes, mounds, etc. will be raked and backfilled after control. 673
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Ex. A - 40 (BB&K 2020)
57. CITY OF ONTARIO myOntario App (FREE)
Contractor shall download the free myOntario App for the purpose of tracking completed specialty tasks (mulching, vandalism, vehicular damage, rose trimming, fertilizations, chemical applications, illegal dumping, hazardous waste, pruning shrubs, downed branches and rodent control, restroom issues). All specialty tasks shall be recorded as a service request using the app order system and shall be reported to the city representative when completed. City staff will close the service request.
NOTICES
Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by email followed by mailing of said notice. 674
Ex. A - 41 (BB&K 2020)
43 x per year
43 x per year
43 x per year
3 x per year
2 x per year
2 x per year
2 x per year
1x per year
As needed
As needed
As needed
As needed
1 x per year
2 x per year
As needed
As needed
As needed
1 x every 3 years
As needed
As needed
52 x per year
52 x per year
Housing and Gas Tax Funded Sites
MAINTENANCE FREQUENCIES
TURF (where applicable)
Mowing
Edging
Detail
Fertilization
Broadleaf Control (minimum)
Nutsedge Control(minimum)
Aeration
Renovation
Over Seeding
Over Seeding (repairs)
SHRUBS
Pruning
Raking Leaves
ROSES
Pruning (heavy)
Fertilization
Line of site clearance
VINES
Trimming (To be kept 8” below top of wall)
TREES
Staking/Guying
Trimming (ISA standards)
Raking Leaves
Under Trimming
IRRIGATION
Service (minimum)
Inspections
Reports
46700.00100\33865500.1
12 x per year
675
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Ex. A - 42 (BB&K 2020)
MISCELLANEOUS
Weed Removal As needed
Weed Control 24 x per year
Rodent Control As needed
Graffiti Removal 364 x year
Curb and Gutter service As needed
Trash/Litter 364 x per year
Mulch Replenishing 2x per year
676
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Ex. A - 43 (BB&K 2020)
LANDSCAPE MAINTENANCE SERVICES FOR THE HOUSING AND GAS TAX FUNDED SITES BID SCHEDULE NO. 1
LANDSCAPE MAINTENANCE CONTRACT PM 2425-04
FISCAL YEAR 2024/2025 to 2026/2027 3 YEAR CONTRACT
No. Description Monthly Annual
Cost Cost
1. 110 E Maitland $ $
2. 1325 S Euclid $ $
3. 1329 S Euclid $ $
4. 905 E Holt Ave. (south of Gated Area only) $ $
5. 1038 E 4th (4th and Cucamonga) $ $
6. 115 S Sultana $ $
7. 115 1/2 S Sultana $ $
8. 1004 S Euclid $ $
9. 1522 W Mission $ $
10. 435 S Bon View $ $
11. 935 E Holt Blvd. $ $
12. 947 E Holt Blvd $ $
13. 957 E Holt Blvd $ $
14. 1045 W Mission Blvd $ $
15. 805 S Mountain Ave $ $
TOTAL $ $
GAS TAX PROPERTIES
No. Description Monthly Annual
Cost Cost
1. Colony H.S. median on Riverside Dr. $ $
2. Grove Separation Holt to Airport Dr $ $
3. Airport Drive Grove to 180’ east Grove $ $
4. Grove Underpass Airport to south Mission $ $
TOTAL $ $
Additional cost for a complete individual tree trimming up to 30’ $ (per individual tree/required trimming to be +/- 35% of growth per ISA) Cost for complete tree (individual) removal per inch at $ DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
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Ex. A - 44 (BB&K 2020)
Cost for complete tree removal per inch at $
DBH (diameter at breast height) (flush cut 3” from ground)
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
678
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Ex. A - 45 (BB&K 2020)
LANDSCAPE MAINTENANCE SERVICES FOR THE HOUSING AND GAS TAX
FUNDED SITES
BID SCHEDULE NO. 2
LANDSCAPE MAINTENANCE CONTRACT PM 2425-04
FISCAL YEAR 2027/2028 4th YEAR CONTRACT (OPTIONAL)
No. Description Monthly Annual
Cost Cost
1. 110 E Maitland $ $
2. 1325 S Euclid $ $
3. 1329 S Euclid $ $
4. 905 E Holt Ave. (south of Gated Area only) $ $
5. 1038 E 4th (4th and Cucamonga) $ $
6. 115 S Sultana $ $
7. 115 1/2 S Sultana $ $
8. 1004 S Euclid $ $
9. 1522 W Mission $ $
10. 435 S Bon View $ $
11. 935 E Holt Blvd. $ $
12. 947 E Holt Blvd $ $
13. 957 E Holt Blvd $ $
14. 1045 W Mission Blvd $ $
15. 805 S Mountain Ave $ $
TOTAL $ $
GAS TAX PROPERTIES
No. Description Monthly Annual
Cost Cost
1. Colony H.S. median on Riverside Dr. $ $
2. Grove Separation Holt to Airport Dr $ $
3. Airport Drive Grove to 180’ east Grove $ $
4. Grove Underpass Airport to south Mission $ $
TOTAL $ $
Additional cost for a complete individual tree trimming up to 30’ $ (per individual tree/required trimming to be +/- 35% of growth per ISA) Cost for complete tree (individual) removal per inch at $ DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
679
46700.00100\33865500.1
Ex. A - 46 (BB&K 2020)
Cost for complete tree removal per inch at $
DBH (diameter at breast height) (flush cut 3” from ground)
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
680
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Ex. A - 47 (BB&K 2020)
LANDSCAPE MAINTENANCE SERVICES FOR THE HOUSING AND GAS TAX
FUNDED SITES
BID SCHEDULE NO. 3
LANDSCAPE MAINTENANCE CONTRACT PM 2425-04
FISCAL YEAR 2028/2029 5th YEAR CONTRACT (OPTIONAL)
No. Description Monthly Annual
Cost Cost
1. 110 E Maitland $ $
2. 1325 S Euclid $ $
3. 1329 S Euclid $ $
4. 905 E Holt Ave. (south of Gated Area only) $ $
5. 1038 E 4th (4th and Cucamonga) $ $
6. 115 S Sultana $ $
7. 115 1/2 S Sultana $ $
8. 1004 S Euclid $ $
9. 1522 W Mission $ $
10. 435 S Bon View $ $
11. 935 E Holt Blvd. $ $
12. 947 E Holt Blvd $ $
13. 957 E Holt Blvd $ $
14. 1045 W Mission Blvd $ $
15. 805 S Mountain Ave $ $
TOTAL $ $
GAS TAX PROPERTIES
No. Description Monthly Annual
Cost Cost
1. Colony H.S. median on Riverside Dr. $ $
2 Grove Separation Holt to Airport Dr $ $
3 Airport Drive Grove to 180’ east Grove $ $
4 Grove Underpass Airport to south Mission $ $
TOTAL $ $
Additional cost for a complete individual tree trimming up to 30’ $ (per individual tree/required trimming to be +/- 35% of growth per ISA) Cost for complete tree (individual) removal per inch at $ DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
681
46700.00100\33865500.1
Ex. A - 48 (BB&K 2020)
Cost for complete tree removal per inch at $
DBH (diameter at breast height) (flush cut 3” from ground)
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
682
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BB&K (2023) Exhibit B-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “B”
SCHEDULE OF SERVICES
JULY 1, 2024 - JUNE 30, 2027
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BB&K (2023) Exhibit C-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “C”
COMPENSATION
NOT TO EXCEED $175,500
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE
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BB&K (2023) Exhibit C-2 MAINTENANCE SERVICES AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ontario (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
685
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BB&K (2023) Exhibit C-3 MAINTENANCE SERVICES AGREEMENT
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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BB&K (2023) Exhibit C-4 MAINTENANCE SERVICES AGREEMENT
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
687
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BB&K (2023) Exhibit C-5 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
688
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BB&K (2023) Exhibit C-6 MAINTENANCE SERVICES AGREEMENT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ontario (hereinafter designated as the “City”), has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal 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, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, 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 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 689
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BB&K (2023) Exhibit C-7 MAINTENANCE SERVICES AGREEMENT
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
690
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BB&K (2023) Exhibit C-8 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
691
CITY OF ONTARIO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered as of , by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Merchants Landscape Services, Inc., a Corporation with its principal place of business at 8748 Industrial Ln, Rancho Cucamonga, CA 91730 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing Landscape Maintenance Services for Certain Parkways, Fire Stations, and Landscape Medians services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Landscape Maintenance Services for Certain Parkways, Fire Stations, and Landscape Medians PM 2425-12 project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein Contractor shall complete the Services within PAUL S. LEON
MAYOR
DEBRA PORADA
MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN
RUBEN VALENCIA
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
TREASURER
SCOTT OCHOA
CITY MANAGER
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BB&K (2023) - 2 - MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Four Thousand Four Hundred Dollars ($1,004,400) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.2.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3 Responsibilities of Contractor.
3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 693
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3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.3.4 City’s Representative. The City hereby designates Philip Marino, Urban Forestry Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.3.5 Contractor’s Representative. Contractor hereby designates Mark Brower, President or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be reemployed to perform any of the Services or to work on the Project.
3.3.8 Period of Performance
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3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Four Hundred Fifty-Nine Dollars with Zero Cents ($459) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.3.8.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subconsultants, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.8.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.3.10 Laws and Regulations; Employee/Labor Certifications.
3.3.10.1 Compliance with Laws. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work 695
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knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its subsections.
3.3.10.3 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.
3.3.10.4 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, 696
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sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.3.11 Insurance.
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3.3.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.3.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 698
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3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance, deductible, or selfinsurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
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warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.3.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.3.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.3.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.3.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.3.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.3.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.3.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 700
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exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3.13 Bonds.
3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.3.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.3.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.3.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3.14 Work Site.
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3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.3.14.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.3.15 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.3.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 702
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3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.4.2 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.
3.4.3 Registration/DIR Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be 704
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restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
3.7 General Provisions.
3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Merchants Landscape Services, Inc.
8748 Industrial Ln
Rancho Cucamonga, CA 91730
Attn: Mark Brower, President
City:
City of Ontario
303 East “B” Street
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Ontario, CA 91764
Attn: Philip Marino, Urban Forestry Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.5 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.7.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.7 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.9 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
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3.7.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.7.13 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.14 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.15 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.16 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.19 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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SIGNATURES NEXT PAGE
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND MERCHANTS LANDSCAPE SERVICES INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ONTARIO MERCHANTS LANDSCAPE SERVICES INC.
Approved By:
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
Scott Ochoa
City Manager
Approved as to Form:
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
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EXHIBIT “A”
SCOPE OF SERVICES
1. SCOPE OF WORK
A. The intent of this Agreement is to secure a contractor(s) who shall provide Landscape Maintenance Services for the Ontario Parkways, Medians and Fire Stations within the City of Ontario PM 2425-12
B. The Contractor shall furnish all labor, tools, materials, and equipment to provide the landscape maintenance and repairs as set forth in this Agreement.
C. All Work shall be done in a professional, thorough, and workman like manner to the satisfaction of the Parks and Maintenance Director, or his/her authorized agent, and comply with all legal construction and landscape maintenance practices. The premises shall always be maintained at the level of service provided for in these specifications. The Contractor shall have the duty to provide complete landscape maintenance of all the project areas, including, but not limited to, the following: Fertilize, under-trim trees and shape shrubs, trim ground cover areas, mow, and edge turf grass areas. Consistently maintain the project areas with horticulturally acceptable growth and color. Consistently maintain the project areas to be devoid of weeds.
Consistently maintain the project areas to be devoid of weeds five (5) feet out into the curb, gutter and street. Consistently maintain the project areas to be devoid of diseases, rodents and pests. Consistently maintain the project areas to be devoid of litter. Consistently maintain the project areas to be devoid of safety hazards. Consistently maintain the project areas to be devoid of unsafe walkways. Consistently maintain the project areas to be devoid of blocked drainage systems. Consistently maintain the project areas to be devoid of malfunctioning irrigation systems. Consistently maintain the project areas to be devoid of graffiti and paper like signs. Program, monitor, adjust and maintain all irrigation system clocks, and perform extra work as directed and approved.
E. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. Emergencies that involve maintenance work included in these general conditions shall not be compensated. 710
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F. The Contractor shall perform a weekly maintenance inspection, during daylight hours, of all areas. Such inspection shall be both visual and operational. It shall include, but not be limited to, the operation of all irrigation and/or other mechanical systems to check for proper condition and reliability.
2. WORK SITE
Work sites may include parks, medians, trails, weed abatement areas, and parkways.
The City reserves the right to make additions or deletions under this contract with written notice to the Contractor. The monthly compensation shall be adjusted by the monthly unit cost per square foot if any changes result in an increase or reduction in square footage maintained.
Compensation shall be based on a-per unit cost (bid schedule form submitted) of work completed.
3. LENGTH OF CONTRACT
This PRIMARY contract shall begin July 1, 2024 and shall terminate on June 30, 2027.
The FIRST optional extension may be granted for a term of TWELVE (12) MONTHS, from July 1, 2027, through June 30, 2028, and any proposed increase shall be no greater than the CPI (Consumer Price Index) for the Ontario area, measured performance of the contractor and funding renewal.
The SECOND optional extension may be granted for a term of TWELVE (12) MONTHS, from July 1, 2028, through June 30, 2029, and any proposed increase shall be no greater than the CPI (Consumer Price Index) for the Ontario area, measured performance of the contractor and funding renewal.
All optional extensions of the contract are subject to approval by the City Manager or his authorized agent and are contingent upon funding and performance by the Contractor.
4. DEFINITIONS
Where "as directed", "as required", "as permitted", "approved", "acceptance", or words of similar importance are used, it shall be understood that the direction, requirement, permission, approval or acceptance of the Parks and Maintenance Director, or his authorized agent, is intended unless otherwise stated.
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The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by the City of Ontario, Parks and Maintenance Director, or his/her authorized agent and working under this contract.
The use of the words "shall" and "may" shall be held to mean "mandatory" and "permissive" respectively.
The use of the words "his" or "him" shall be construed to mean either gender, as appropriate.
The use of the words " Parks and Maintenance Director " shall be construed to mean either the Parks and Maintenance Director or his authorized agent(s).
The words "City working day" refers to Monday-Friday, 6:30 a.m. to 4:00 p.m.
5. VANDALISM/THEFT/DAMAGE
Contractor shall be responsible for performing maintenance, repairs, and replacement of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft, vandalism or mysterious damages that do not result from the performance of the Contractor.
In the case of vandalism to the maintained areas (Damage by Unknown Circumstances), Contractor shall notify the City within 24 hours using the free myOntario App. Graffiti will be entered under the “graffiti “Tab. All other Vandalism will be entered under the “Parks” Tab. In addition, EXCEPT in the case of graffiti, a text or email must be sent to the City’s Representative within 24 Hours detailing the Vandalism.
The use of red "Danger" tape shall be used when an area is unsafe for the public by the end of workday.
The repairs shall be made within 24 hours of receiving a notice to proceed by text or email. At no time shall damage by unknown sources remain unrepaired for a period exceeding 72 hours.
Additional compensation will be provided only for costs that are directly related to the theft and/or vandalism.
The following conditions shall be met prior to the Contractor being reimbursed for "Damage by Unknown Circumstances".
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6. VANDALISM/THEFT/DAMAGE BIDS
Contractor shall submit an itemized EWA (Extra Work Authorization) within 24 hours to the City’s Representative. Contractor shall secure written authorization for the repairs by the Parks and Maintenance Director, or his authorized agent within twenty-four (24) hours by e- mail or text. For emergencies regarding public safety, a verbal or text approval by the Parks and Maintenance Director, or his authorized agents, may be obtained.
7. COMPLETION OF PROPOSED VANDALISM/THEFT/DAMAGE WORK
A. Work is to commence within twenty-four (24) hours after receiving City approval.
B. The work shall be inspected and released as complete by the City representative, and then invoiced as specified in section (8). ·
8. INVOICING OF PROPOSED VANDALISM/THEFT/DAMAGE WORK
A. Contractor shall submit on business letterhead, a photocopy of the original EWA describing individual material costs and an invoice with line items for material costs, labor costs and administrative costs. The cost estimate for additional work shall consist of the following elements: Base cost of labor plus Fifteen percent (15%) for overhead and profit. Actual cost of materials plus fifteen percent (15%) for overhead and profit. City reserves the right to ask for payroll records and vendor invoice if discrepancies on the bid exist. Materials may be provided by the City of Ontario.
B. Contractor shall submit a copy of a report filed with the City of Ontario Police Department, which relates to the specific incident if required by the Parks and Maintenance Director or his authorized agent.
9. ADDITIONAL (EXTRA) WORK (EXTRA WORK AUTHORIZATION or EWA) A. The Parks and Maintenance Director, or his authorized agent, may, at his discretion, authorize the Contractors to perform additional work. Additional work (work not related to "Damages by Unknown Circumstances") shall be defined as work not included in this Agreement.
B. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of why the additional work is required, what type of work is proposed, and a cost estimate for the additional work as stated. No work shall commence 713
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without written authorization from the Parks and Maintenance Director, or his authorized agent.
Notwithstanding the above authorization, when a condition exists where there is imminent danger of injury to the public or damage to property, the Parks and Maintenance Director, or his authorized agent 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 Parks and Maintenance Director, or his authorized agent, for approval.
C. The cost estimate for additional work shall consist of the following elements:
Base cost of labor plus fifteen percent (15%) for overhead and profit.
Actual cost of materials plus fifteen percent (15%) for overhead and profit (invoice from vendor shall be attached to each invoice turned in for payment).
City reserves the right to ask for payroll records. Materials may be provided by the City of Ontario.
D. Written authorization from the Parks and Maintenance Director, or his authorized agent, shall be by the issuance of a change order or signed bid. This change order or signed bid shall be considered an amendment to this Agreement and approved by the Parks and Maintenance Director, or his authorized agent, and Contractor.
E. All additional work shall commence on the agreed date and shall diligently proceed until completion. Contractor could use the labor force assigned to the contractual maintenance tasks to perform additional work if prior approval has been granted by the City representative.
F. Upon completion of the additional work, the Parks and Maintenance Director, or his authorized agent, shall be notified so that the work may be verified.
G. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials and a copy of signed bid. Compensation shall not exceed the written estimate. The Contractor's invoice shall be subject to audit and review by the City prior to payment.
H. The City of Ontario reserves the right to repair or contract with a third Party to perform such additional work (if bids are not received within 72 hours of official request and or if the proposed costs do not concur with contractor's labor rates and cost of materials) 714
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10. CONTRACTOR LIABILITY
A. All damage to existing improvements located within areas and adjacent to areas under construction, which in the opinion of the Parks and Maintenance Director, or his authorized agent, are due to the Contractor's operation, shall be repaired or replaced at the Contractor's expense with exact (existing) materials and in an approved manner.
B. Such repairs or replacements shall be performed by the Contractor at no cost to the City and shall be accomplished as directed by the Parks and Maintenance Director or his/her authorized agent. Repairs shall be made immediately after damage or alteration occurs.
Deductions shall be made from the Contractor's payments in the amount necessary to compensate the City for such repairs in the event such repair work is done by City forces, or another source.
C. Irrigation damage shall be repaired or replaced within the following time limits: Irrigation entities such as, but not limited to, (risers, heads, backflow device and cages, controllers, basket strainers, pressure regulators, irrigation wires and valves, valve boxes, irrigation pumps, ET gauges, rain buckets, antennas, flow sensors, and landscape lighting equipment) that are damaged during regular routine maintenance and become non-functional or non-efficient shall be replaced immediately. Mainline irrigation breaks shall be repaired within two (2) hours of being notified. All other irrigation repair and/or replacement shall be completed within 24 hours of being notified. (In the event that the mainline repairs require specialized parts and or materials, the contractor shall be responsible to request from the City additional time to complete the repair/s)
D. All damage to turf grass, groundcover, shrubs, or trees, shall be repaired or replaced within three (3) working days of being notified. Damage to turf shall be repaired by replacement with the appropriate variety of bermudagrass sod or seeded with warm season seed and topper added. Damage to groundcover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Parks and Maintenance Director, or his authorized agent. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Parks and Maintenance Director, or his authorized agent, the damage is severe, the shrub (in its entirety) shall be removed and replaced with a similar variety and size. 715
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E. Damage to trees shall be repaired in the following manner:
Minor damage, such as bark lost from mechanical equipment shall be remedied by a certified Arborist. If the damage results in the loss of the tree, or, if in the opinion of the Parks and Maintenance Director or his authorized agent, the damage is severe, the damaged tree shall be removed and replaced with a similar variety and size. All damage resulting from chemical application and/or operation, either by spray-drift, improper application, lateral leaching, or other means shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life. All work shall be inspected, verified, and completed to the satisfaction of the Parks and Maintenance Director, or his authorized agent.
11. INSPECTION/DRIVE
The City and an appointed representative of the Contractor shall conduct a once-a-month walkthrough to inspect each individual work area. It is the responsibility of the Contractor to set up the inspection time(s) five (5) working days prior to the walkthrough/inspection. It is a requirement that a six to twelve (6-12) month master calendar be set up within 30 days of the award of the contract to insure coordinated dates of inspection. This inspection is to ensure adequacy of maintenance, methods of performing the work are in compliance with the contract and allow all deficiencies to be corrected prior to invoice submission and payment. However, this shall not be construed to relieve the Contractor of the duty to provide continuous inspection of individual work areas. Discrepancies and deficiencies in the Contractor's work shall be brought to the attention of the Contractor and corrected in the manner prior to invoicing and payment.
12. HAZARDOUS CONDITIONS
It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe practices occurring thereon. The Parks and Maintenance Director, or his authorized agent, shall be notified immediately using the myOntario App, as well as text or phone call, of any unsafe condition that requires major correction.
The Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas, diverting water sheet flow, using barricades, danger tape or traffic cones to alert persons of the existence of hazards and replacing valve box covers so as to protect all persons from injury.
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The Contractor shall inspect all work sites for hazards, or potential hazards in the contractual areas daily.
During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall immediately contact the City representative (either e-mail or text) indicating the condition, date, and the area that was inspected and a work order should be created using the myOntario App.
The Contractor shall cooperate fully with the City of Ontario in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Parks and Maintenance Director within three (3) days following the occurrence.
13. REMOVING OBSTRUCTION AND MAINTENANCE OF EXISTING IMPROVEMENTS Where the work is to be constructed in, or adjacent to, areas which have been improved by lawns, trees, shrubs, or gardens, the Contractor shall remove such trees or plants as may be necessary for the prosecution of the work and give them proper care and attention until the work has been satisfactorily completed, after which the Contractor shall replace them in as nearly the original condition and location as is reasonably possible. Where it is necessary to deposit the excavated materials on lawns during the process of construction, the Contractor shall first lay burlap or canvas on the lawn to prevent contact between the excavated material and turf grass.
Unless otherwise indicated in the contract documents, all utility lines, conduits, wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by them during the progress of the work, provided, that should the Contractor in the performance of the work disturb, disconnect, or damage any of the above, all expense, arising from such disturbance, or in the replacement or repair thereof, shall be borne by the Contractor.
However, in accordance with Section 4215 of the California Government Code, the Contractor shall be compensated 1) for the cost of locating and repairing damage to main or trunk line utility facilities located on the job site, not due to the failure of the Contractor or exercise reasonable care; 2) for costs of removing or relocating such utility facilities not indicated in the contract documents with reasonable accuracy; and 3) for the operation cost for equipment on the project necessarily idled such work.
At least two (2) working days prior to commencing any excavation pursuant to this Contract, the Contractor shall contact Underground Service Alert at (800) 422-4133 or other appropriate regional notification center if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations. 717
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14. CONTRACTOR STAFF
The contractor shall provide the manpower as a minimum staffing requirement to comply with the performance of the landscape/irrigation maintenance specifications and requirements of the site.
The Contractor shall furnish one (1) supervisor with a minimum of 5 years of landscape and irrigation maintenance experience and sufficient supervisory and working personnel capable of promptly accomplishing all tasks on schedule, to the satisfaction of the Parks and Maintenance Director, or his authorized agent, all work required under this contract during the prescribed hours (6:30 AM to 4:00 pm). Staffing shall be as needed plus any additional workforce to complete the maintenance/construction tasks required on the frequency page. Payment will be based upon completed, acceptable work, Irrigation technician and spray technician to be provided as needed (personnel needs do not address the alternates per bid forms). Incomplete or unacceptable work will result in a delay or reduction of billing payment.
The Contractor shall have a competent supervisor, who is capable of communicate effectively both in written and oral English and discuss matters pertaining to this contract. The supervisor must be able to demonstrate to the satisfaction of the Parks and Maintenance Director, or his authorized agent, that they possess an adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure the accomplishment of high-quality work, which will be acceptable to the Parks and Maintenance Director or his authorized agent.
Any order or communication given to the supervisor shall be deemed as delivered to the Contractor. The contractor shall use the free myOntario App. The use of a Smart phone will be required.
The contractor shall provide the minimum staffing requirements to comply with the performance of the landscape maintenance specifications and requirements of the site. Personnel shall be on site ready to work no later than 6:30am.
The Contractor, and their employees, shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The Parks and Maintenance Director or his authorized agent, may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Ontario. 718
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The Contractor shall require each of his employees to wear basic public works working attire.
These are basically proper shoes, and other gear required by State Safety Regulation, and proper wearing of the clothing. Shirts shall be worn and always buttoned; safety vests "Type II" are required when indicated by the Work Area Traffic Control Handbook, the Parks and Maintenance Director or his authorized agent.
The Contractor shall establish an identification system for personnel assigned to the maintenance/construction site, which clearly indicates to the public the name of the Contractor and individual responsible for the construction/maintenance work. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and name badges.
Contractor shall be responsible for traffic control (where needed) and shall be done per "WATCH" standards. Failure to comply with proper "WATCH" standards shall result in stoppage of all work until the proper traffic control is set up and could result in a fine. 1st violation $500.00, 2nd. Violation $ 1000.00, 3rd. violation and thereafter $ 3000.00 and/or possible cancellation of contract.
Inclement Weather
During inclement weather, (rainstorms, windstorms etc.) the contractor shall be required to contact the City representative prior to 7:00 am to receive clear directions of their assignments for the day. A minimum of two staff members shall be at the disposition of the City.
15. LOCAL OFFICE
A. The Contractor shall maintain an office with a telephone and provide at all times the following:
A responsible person(s), employed by the Contractor, which shall have the ability to take necessary action regarding all inquiries and/or complaints received from the Parks and Maintenance Director, or his authorized agent. This person(s) shall be accessible twenty-four (24) hours per day and seven (7) days per week. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractor is notified of any communication within one (1) hour after receipt of said communication. The telephone number(s) of the Contractor or responsible person(s) of the Contractor shall be a toll-free number for the City of Ontario. 719
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B. During normal working hours, the Contractor's supervisors, who are responsible for providing contractual services, shall be available for notification through a landline or cellular telephone communication. This will allow the city to access the contractor at any time during City working hours.
16. STORAGE FACILITIES
The City of Ontario will not be providing storage facilities throughout the duration of this contract.
A. SIGNS
The contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Parks and Maintenance Director, or his authorized agent.
The contractor shall, always, remove all unauthorized signs and advertising matter such as, but not limited to, garage sale signs, yard sale signs, campaign signs and personal business signs in the area under maintenance.
17. LOCK AND KEYS
A. Where City of Ontario locks and keys are required as part of this contract, the Contractor shall:
Not duplicate any coded City key furnished by the city.
Surrender all keys furnished by the Parks and Maintenance Director or his authorized agent promptly at the end of the contract period, or at any time-deemed necessary by the Parks and Maintenance Director, or his authorized agent, to prevent loss to the City of Ontario.
Protect the security of City property by keeping controller cabinets and enclosure doors always locked.
Contact the City immediately if a security lock is non-functional and needs repair. Refrain from using premises behind locked doors for storage of materials, supplies or tools except as approved by the Parks and Maintenance Director or his authorized agent. In the event that the contractor staff who has been assigned keys to the facilities resigns from his position, it is the 720
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sole responsibility of the contractor to retrieve the keys assigned to such staff member and return to the City.
18. UTILITIES
The City of Ontario shall pay for the maintenance related to water and electrical utilities.
When needed, water usage shall not exceed the budgeted amount to comply with the City Water Conservation efforts. A water budget may be provided by the City and shall be reviewed and adhered to by the Contractor. Water budget shall be approved by the Parks and Maintenance Director, or his authorized agent.
The Contractor may be charged for all excessive utility usage (using the current utility rate) due to the contractor's failure to manage and or monitor irrigation system malfunctions or unauthorized increases in water usage. The excess cost will be determined by comparing the current utility usage with historical usage data for the same period.
The excess cost factor shall be deducted from payments to the Contractor. However, the Contractor will be allowed three (3) working days, upon receiving notice, to explain in written documentation the cause of the increase in utility usage in question. A final determination (after review of Contractor's explanation) of the deduction will be assessed by the Parks and Maintenance Director or his authorized agent.
19. NON-INTERFERENCE
The Contractor shall not interfere with the public use of the premises and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public, nor disrupt the peace and quiet of the area within which the services are performed.
20. PARKING
A. The Contractor shall park their vehicles and equipment within designated parking areas or in such a location to ensure normal vehicular traffic.
B. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA. Failure to perform proper traffic control will result in a formal warning (first time), a deduction of $500.00 per instance after formal warning has been given and contractor fails to comply.
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21. EMERGENCY CALLS
A. The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of normal working hours. Calls of an emergency nature received by the Parks and Maintenance Director or his authorized agent, shall be referred to the worksite Contractor for immediate disposition. If the work site Contractor cannot be reached within two (2) hours, the City will deduct from the monthly billing the cost of City forces, or other sources, used to repair the emergency. The Contractor shall not receive additional compensation for responding to emergencies for work included in these general conditions at contract work sites.
22. EXTRAORDINARY SERVICES
A. The Contractor shall be responsible for providing extraordinary maintenance and/or repairs to existing landscape and new landscape areas outside of their contract areas.
Extraordinary services shall be defined as work not included in these general conditions or work required at a site for which there is no contract. Extraordinary maintenance shall include answering emergency calls as required. Contractors shall respond to an emergency call within two (2) hours. Contractors shall maintain a 24 hours per day, seven days per week, on-call service for emergency calls. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, by telephone within 24 hours of any emergency extraordinary work that is performed. Non-emergency extraordinary work requires written approval before the work is performed. Submission of an EWA and approval by the Parks and Maintenance Director, or his authorized agent will be necessary. The Contractor shall be compensated for extraordinary work as defined in Section 9.
B. In situations involving emergency repair work after normal work hours, Contractors shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the work site Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary and proceed to repair on a temporary/permanent basis.
C. If a City Representative is still at the site when the work site contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with the City Representative. If the repair will take only a few minutes, the City Representative may stay to continue to direct traffic while the Contractor makes the repairs. If the repair will take longer than the City Representative 722
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can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the City Representative.
D. An emergency may be called by the following individuals or agencies at anytime for extraordinary services involving repair work:
1. City Manager
2. Police Department
3. Fire Department
4. Parks and Maintenance Director
E. The following emergency phone numbers are listed for the convenience of the Contractors:
Fire Department (Dispatch) (909) 983-5911
Fire Department (Emergency) 911
Police Department (Dispatch) (909) 986-6711
Police Department (Emergency) 911
Southern California Edison (800) 655-4555
Southern California Gas (800) 427-2200
Dig Alert (800) 422-4133
23. REPORTING DAMAGE OR MALFUNCTION
Any damage to, or malfunction of, any facility not specifically stated in this Agreement shall be promptly reported to the Parks and Maintenance Director, or his authorized agent.
24. COMPENSATION FOR ROUTINE MAINTENANCE
The City shall compensate Contractors based upon the total dollar amount of a bid or the total dollar amount of a combination of bids, if applicable, in monthly installments beginning 30 days after the commencement of work. Billing adjustments may be made where authorized by this Agreement.
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25. ADDITION OR DELETION OF LANDSCAPE AREAS
The Contractors shall maintain, at a unit price comparable to other existing landscape areas and subject to the Parks and Maintenance Director approval or his authorized agent's approval, additional landscape areas that the city adds to this contract. If notification is made of a new installation other than at the beginning of a monthly period, the unit cost negotiated and agreed upon by the parties, shall be prorated from the day the Contractor is notified to start maintenance. The City may elect to delete work sites, or portions thereof, within this Agreement at a unit price comparable to the bid price of said work sites.
26. DISCREPANCIES OR OMISSIONS
Should a bidder find discrepancies or omissions in the specifications or other documents, or be in doubt as to their true meaning, he may request a written interpretation from the Parks and Maintenance Director, or his authorized agent. Any interpretation, or change in the proposed documents, will be made only by addendum issued to each person to whom bid forms have been issued and shall become a part of the bid.
27. MINOR MODIFICATION
The Parks and Maintenance Director, or his authorized agent, may modify these specifications with the joint approval of the Contractor.
28. CONTRACTOR NON-COMPLIANCE
If the Parks and Maintenance Director, or his authorized agent, determines that there are deficiencies in the performance of this Agreement, the Parks and Maintenance Director, or his authorized agent, will provide a written inspection notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Parks and Maintenance Director, or his authorized agent, to correct the specified deficiencies but not to exceed five 5 working days from the day of the inspection punch list. If the site(s) show obvious signs of non-performance, the Parks and Maintenance Director, or his authorized agent shall have the ability to immediately enforce partial or full deduction for the site in question. Should the Contractor fail to correct all deficiencies within the stated time frame, the Parks and Maintenance Director, or his authorized agent, may exercise the following measures:
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A. Deduct from the Contractor's payment the amount necessary to correct the deficiency, including City overhead and impose a deficiency deduction.
B. Withhold the entire or partial payment.
C. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead. The Parks and Maintenance Director, or his authorized agent, shall decide all questions which arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. In addition to the provisions of Section 3.3, Contract Documents and Section 28 (B), in event of a failure to correct a deficiency, or for any other breach of this Agreement by the Contractor, the City of Ontario may immediately terminate this Agreement. If the contractor requires extra time to complete the deficiency list due to materials/parts shortage, the contractor shall request in writing only the time needed to be added and the reasons why.
The City representative will review the request and shall respond to the contractor in writing of the decision made. Contractor shall present the request for extension within the first five (5) working days of the deficiency list.
29. PAYMENTS WITHHELD
The city may withhold entire or partial payment for reasons as follows:
A. Work required in the specifications, which is defective, incomplete, or not performed. Claims filed or reasonable evidence indicating probable filing of claims.
B. Failure of the Contractor to make payments properly to subcontractors, or for materials and/or labor. A reasonable doubt that the contract cannot be completed for the remaining balance.
C. Reports, logs, or other contractual written documentation required of the Contractor to be delivered to the Parks and Maintenance Director, or his authorized agent, which is/are incomplete or not performed.
30. WITHHELD CONTRACT FUNDS
The Contractors may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the contract. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent who shall pay such monies to the Contractors upon satisfactory completion of the contract. The Contractor 725
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shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Public Contract Code Section 22300. One definition of just cause for immediate contract termination is, if in the opinion of the Parks and Maintenance Director, or his authorized agent, the contract cannot or will not be completed by the Contractor in its entirety. In the event of such termination, the bonds required shall remain in effect for six (6) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed.
If the Contractor fails to meet the specifications of this contract for any fifteen (15) consecutive or non-consecutive days, the Parks and Maintenance Director, or his authorized agent, may at his option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect three (3) days after such notice is mailed.
31. COMPLAINTS FROM CITY
The Contractor shall maintain an on-the-job a written log of all complaints which includes the date and time received and the action taken or the reason for non-action. The on-the-job log of complaints shall be available upon request from the City Representative. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Parks and Maintenance Director, or his authorized agent. If any complaint is not abated within 24 hours, the Parks and Maintenance Director, or his authorized agent, shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Parks and Maintenance Director or his authorized agent, within four (4) City working days.
If the complaints are not abated within the time specified, or to the satisfaction of the Parks and Maintenance Director or his authorized agent, the Parks and Maintenance Director, or his authorized agent, may correct the specific complaint and the total cost incurred by the City of Ontario shall be deducted and forfeited from the payments owing to the Contractor from the City of Ontario.
32. CONTRACTOR IS AN INDEPENDENT CONTRACTOR, INDEMNIFICATION Contractor shall act under the contract as an Independent Contractor thorough the City of Ontario and will not be an agent, or employee of the City. Contractor shall not represent or otherwise hold out itself, or any of its subcontractors, directors, officers, partners, employees, or 726
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agents, to be an agent or employee of the City. Contractors shall indemnify and otherwise hold harmless the City, its officials, officers, directors, employees, agents and other representatives, from all liability, loss, or damage, including reasonable attorney's fees and other costs of defense resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor, or of any of its subcontractors, directors, officers, partners, employees, or agents in the course of, or in connection with the Contractor's performance under the contract. The Parties agree to cooperate fully in the resolution of any claims for such liability, loss, or damage.
33. SUBCONTRACTOR/ASSIGNMENT OF CONTRACT
Reference is hereby made to the provisions of The Subletting and Subcontracting Fair Practices Act (Government Code Sections 4100, et. seq.), which are incorporated herein and made a part hereof by this reference.
A copy of each subcontract, if in writing, or if not in writing, then a written statement signed by the Contractor, giving the name of the subcontractor, and the terms and conditions of such subcontract, shall be filed with the City before the subcontractor begins work. Each subcontract shall contain a reference to this agreement between the City and the Contractor, and the terms of that agreement between the City and the Contractor and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered thereby. Each subcontractor shall provide for its annulment by the Contractor at the order of the City, if, in the City's opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractual relation between any subcontractor and the City or relieve the Contractor of any liability or obligation hereunder.
Contractor shall not assign, transfer, convey or otherwise dispose of this contract, or of his rights of interests in or to the same or any part hereof, without the previous consent in writing of the Parks and Maintenance Director, or his authorized agent. If the Contractor, without such previous written consent assigns, transfers, conveys, or otherwise disposes of the contract, or of his rights or interests therein, the contract may, at the option of the City, be terminated and revoked, and the City shall there upon be relieved and discharged from all liability and obligations arising out of the same to the Contractor, and to his assignee or transferee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any 727
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part thereof unless authorized by the written consent of the Parks and Maintenance Director, or his authorized agent.
34. COMPLIANCE WITH THE LAW
Contractor agrees that their performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the county of San Bernardino, the City of Ontario and any other political entity having jurisdiction over the activities of the Contractors. The Contractor State License Board for the State of California has administratively determined in writing that a C-27 Contractor License is required to provide the service as set forth in the contract and specifications. Therefore, each bidder will be required to hold a valid C27 Contractor License.
35. PAYROLL
Section 1776, Chapter 1 of Division 2, from the California Labor Code requires that each Contractor and Subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him.
The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard.
Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining agreements filed with the Department of Industrial Relations.
36. LABOR STRIKE
It shall be the responsibility of each contractor to provide continuous contractual services, without any interruption.
In case of any labor strikes, the Contractor shall provide other means, as its own cost, to provide a comparable continuous contractual service as if there were no strike.
Failing to do so will cause the Parks and Maintenance Director, or his authorized agent, to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor.
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37. TURF GRASS CARE
A. Turf grass Mowing:
The Contractor shall mow all turf grass with adequately sharpened rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
The blade adjustment shall provide a uniform, level cut without ridges, depressions or scalping.
All cool season turf grasses shall be cut with a power driven rotary mower at a two inch (2") height from November to February and at two and half inches(2 1/2'.') from March to October.
Turf grass mowing heights may be adjusted by the Parks and Maintenance Director, or his authorized agent, during periods of turf grass renovation.
Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
The Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance contract. This mowing schedule shall be approved by the Parks and Maintenance Director, or his authorized agent. Any alteration of the approved mowing schedule shall be submitted in writing to the Parks and Maintenance Director or his authorized agent, for approval prior to implementation.
B. Turf Grass Edging and Trimming:
Turf grass edging and trimming shall be performed per frequency schedule at the time of mowing.
Edging of turf grass shall be performed with a power edger containing a steel blade, the use of string trimmers (weed-eater) to edge turf areas is not a practice acceptable to the City. The use of a stick edger is acceptable.
All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
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Where facilities include a softball or baseball field, the infield radius shall be edged regularly to keep radius clearly defined. Grass and weeds shall not encroach into the infield and shall be treated/removed immediately.
Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
Tree trunk protectors shall be provided and installed, at no additional cost to the City, when string trimmers are utilized for trimming around the base of trees. The City may allow a sixteen inch (16") diameter mulch ring around trees to eliminate continual string trimming.
A four-inch (4") barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the contractor vacating the work site.
After mowing and edging is completed, all adjacent walkways and gutters shall be swept or blown clean.
Blowing and disposing of grass clippings into the City storm drain system and/or streets shall not be permitted. If found contractor will face liquidating damages as follows; 1st violation$ 1000.00, 2nd violation $ 2000.00, 3rd violation and thereafter $ 3000.00.
C. Turf grass Fertilization
The turf grass shall be continually fertilized a minimum of 3 x per year with additional application if needed, to provide a healthy and vigorously growing turf grass with horticultural acceptable growth and color, as determined by the Parks and Maintenance Director, or his authorized agent.
1. Fertilization shall be performed with a balanced fertilizer, consisting of a 3-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area. Any change in the 730
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fertilizer ratio and/or rate shall be submitted in writing and approved by the Parks and Maintenance Director, or his authorized agent, prior to usage.
2. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
• Location and exact date the fertilizer application will be performed. • Type of fertilizer and method of application to be used.
3. The Contractor shall immediately irrigate (staff shall be present when irrigating during the day) after each fertilizer application and repair with sod (Dwarf Fescue) any damaged areas due to fertilizer/chemical burn.
4. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
D. Turf grass Renovation
1. Renovation shall consist of aerating, verticutting, thatch removal, over-seeding and top dressing (a minimum of l/8").
2. The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any renovation operation. This written document shall include location and exact date the renovation will be performed and type of equipment and materials to be used.
3. Contractors shall remove all renovation-generated debris from the work site the day of the renovation operation and prior to vacating the work site.
4. Light verticutting and thatch removal of warm season turf grass (where present) shall be performed between September 30th and October 15th or as directed by the City Representative.
5. Over-seeding shall be performed within two (2) days after verticutting with properly calibrated seeders. Warm season turf grass shall be over-seeded at a rate of ten (10) pounds of seed per 1,000 square feet. A 3 way dwarf type Bermuda grass seed shall be used. Seed tags shall be provided to the Parks and Maintenance Director, or his authorized agent. Additional over-seeding shall be performed if less than 80% germination occurs within the first month. 731
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6. Top dressing shall be performed using a properly calibrated top dressing machine and seed shall be topped with one-eight inch (1/8") of weed free topper. The topper must be approved by the Parks and Maintenance Director or his authorized agent, and shall not contain steer manure (City reserves the right to provide the topper needed if available and in stock).
7. Reseeding of bare spots shall be performed continually throughout the year to reestablish turf to an acceptable quality. If quality does not meet the City acceptance contractor shall replace with sod (Bermuda grass, Dwarf Fescue or equal).
The Parks and Maintenance Director or his authorized agent, will require the use of sod as a replacement material when deemed necessary. The Contractors shall be entitled to the wholesale cost of the sod only, provided the loss of turf grass was not due to the negligence of the Contractor. Sod shall be Bermuda grass or Dwarf Fescue.
E. Aeration
All turf grass shall be aerated four (2) times per year, once every quarter, starting July 1st.
Aeration shall be performed with a ride on or a walk behind aerator machine which has one-half inch (1/2") to one inch (1") in diameter coring tines spaced no more than six inches (6") apart.
The machine shall remove cores from the turf to a depth of 4-6”. Dragging or pulverizing of cores is acceptable.
F. Turf grass Irrigation
All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and over spray shall be minimized. Where possible, the turf grass irrigation shall be on a separate program from other plant material irrigation. Turf grass shall be irrigated in a method which promotes deep root growth.
At facilities with softball and baseball infields, Irrigation shall be adjusted so as not to overlap into the infield mix. Any reports of saturated infield mix from irrigation shall be addressed immediately.
38. SHRUB CARE
A. Pruning of Shrubs
Shrubs shall be pruned with sharp pruning tools.
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Shrubs shall be continually pruned, as necessary, to prevent encroachment of passageways, walks, streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically pleasing landscape.
All pruning cuts shall be one-quarter inch (1/4") above a node (bud). No projections or stubs shall be allowed to remain.
After pruning is completed, all adjacent walkways and gutters shall be left clean. Blowing and disposing of any debris into the Storm Drain system and/or streets shall not be permitted. If found, Contractor will face liquidating damages as follows; 1st violation $ 500.00, 2nd. violation $1000.00, 3rd. violation and thereafter $3000.00 and/or possible cancellation of contracts.
During blooming season, vines shall be trimmed minimally so as not to remove floral display areas.
Pruning shall be done to maintain a well-groomed, natural growth habit, and encourage air movement through shrubs.
The Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
Pruning of roses (except for trailing roses) shall be accomplished using best horticultural practices. The use of hedge shears to prune roses will not be permitted. Roses shall be deadheaded as needed and shall be heavy pruned once per year.
New plantings, once approved by the City Representative, shall take place within a week from the date reported.
B. Shrub Fertilization
Shrubs (including roses) shall be fertilized a minimum of 3x per year or as directed by the Parks and Maintenance Director his authorized agent with a balanced fertilizer specific for the type of plants. Roses shall be fertilized once following heavy pruning and one additional time per year.
Foliar fertilization may be performed when appropriate and will require the approval of the City Representative.
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C. Shrub Irrigation
All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and over spray shall be minimized. Shrubs shall be irrigated in a method, which promotes deep root growth.
D. Shrub Replacement
All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same species plant material that existed (unless a disease situation is discovered affecting the specie). Shrubs shall be replaced within 7 days after being identified by the contractor or authorized agent. Size of the replacement plant material is to be determined by the authorized agent. The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor's faulty maintenance or negligence, as determined by the Parks and Maintenance Director, or his authorized agent.
Substitutions or any plant materials must have prior written approval by the Parks and Maintenance Director, or his authorized agent.
Original plans and specifications may be consulted to determine correct identification of species.
All shrubs shall be guaranteed to live and remain in a healthy condition for the duration of the contract from the date of installation, inspection and verification by the Parks and Maintenance Director, or his authorized agent.
Soil build-up around the crown of shrubs shall be continuously removed.
E. Vine Maintenance
Vines shall be trimmed as needed to promote upright growth and shall be kept attached and contained on the structure.
All vines shall be trimmed on a as needed basis by the contractor, the standard of the City is to trim vines one block below the top of the wall, the City understands that its vines in some sites are mature and have grown over the top of the wall, the contractor shall only be responsible to trim the vines that are solicited by our residents and will have to adhere to the standards herby mentioned. No vines will be allowed to grow in newly installed wood fences or wood fence 734
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extensions (above the top of the fence or block wall). Vines shall be trimmed tight and follow horticultural standards.
39. GROUNDCOVER CARE
Groundcovers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited to, Honeysuckle, Myoporum, Senecio, Rosemary, Lantana, Ivy (spp.) Salvia (spp.)
A. Edging and Trimming of Groundcover
Edging of groundcover areas shall be performed monthly or as needed.
All groundcover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line.
All groundcover shall be continually trimmed at the drip line of all shrubs.
All groundcover shall be continually trimmed along walls, valve boxes, water meter boxes, backflow devices, or other structures located within the groundcover area as determined by the Parks and Maintenance Director, or his authorized agent. Thinning of groundcover may be required around sprinklers to provide maximum irrigation coverage.
All clippings and trimmings shall be removed from the work site in a legal manner the same day work is performed and prior to the Contractor vacating the work site.
After edging or trimming, the Contractor shall clean all adjacent sidewalks or gutters.
B. Renovation of Groundcover Areas
Groundcover planting shall be thinned and pruned for the health of the planting and the appearance of the site, or as required by the Parks and Maintenance Director, or his authorized agent.
C. Replanting of Groundcover Areas
Replanting shall be required to maintain the continuity of the groundcover areas that die back after awarding the contract.
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Labor and replacement material costs shall be incurred by the Contractor.
D. Groundcover Irrigation
All groundcover areas shall be adequately irrigated to maintain a healthy and attractive appearance.
Irrigation runoff and overspray shall be minimized.
E. Groundcover Fertilization
The groundcover shall be fertilized during growing season, minimum lx per year, to provide a healthy and vigorously growing ground cover with horticultural acceptable growth and appearance, as determined by the Parks and Maintenance Director, or his authorized agent.
Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-1-1 ratio, at a rate of one pound (1 lb.) of actual Nitrogen per 1,000 square feet. Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the Parks and Maintenance Director, or his authorized agent, prior to usage.
The Contractor shall immediately irrigate after each fertilizer application.
All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
The Contractor shall notify the Parks and Maintenance Director, or his authorized agent, in writing, five (5) working days prior to any fertilizer application. This written document shall include the location and exact date the fertilizer application will be performed, type of fertilizer and method of application to be used.
40. METHOD OF IRRIGATION
If recycled water is being used, it will be the responsibility of the contractor to implement BMP's ("Best Management Practices") to control soil erosion, over spray, ponding and efficient irrigation practices. The use of recycled water shall be limited to the areas designated and approved. The use of recycled water shall not be permitted during the hours of 6:00 AM through 10:00 PM unless prior approval is received from City Representative. Recycled facility shall be operated in accordance with the best BMP's to prevent direct human consumption and to minimize misting, ponding and runoff. BMP's shall be implemented that will minimize both public 736
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contact and discharge onto areas not under contractors control. Contractor shall ensure that the recycled water systems are maintained, operated and repaired at all times in a manner that does not cause illness or injury to any person and in a manner that does not cause damage or injury to the real or personal property of any person or entity. All recycled water sites shall be in compliance with the City of Ontario Utilities Department. Contractor shall be responsible to maintain and replace all items after annual inspection pertaining to proper recycling water designation, items to include but not limited to (head color designation, tags etc... ).
A. GENERAL IRRIGATION USES
• All windblown spray and surface runoff of recycled water applied for irrigation onto property not owned or controlled by the discharger or recycled user shall be prevented by implementation of BMP' s.
• Irrigation with recycled water shall be between the hours of 9:00 PM and 6:00 AM to be able to minimize public use of the service area.
• Facilities that might be used by the public, including but not limited to eating surfaces and located within the approved used areas, shall be protected to the maximum extent possible from contact by irrigation with recycled water spray, mist or runoff. • It is the responsibility of the contractor to communicate to their workers the potential health hazards associated with contact or ingestion of recycled water and shall be educated about proper hygienic practices to protect themselves and their families. • Workers and public shall not be subjected to recycled water overspray. • Contractor shall be responsible for the training and certification on recycled water use of any staff assigned to work in the facility.
Irrigation shall be performed by the use of a Central Irrigation System (Calsense), local automated systems or manual sprinkler systems where available and operable. Contractor shall be required to monitor the computer system daily by retrieving alert/reports from the lobby area of the Public Works Agency (1425 S. Bon View Avenue, Ontario, CA.) once per day no later than 9:00 AM, contractor shall sign in every day when picking up paperwork. Completed alert/reports shall be returned to the City representative within 48 hours. Failure to do so will result in a non-compliance report and will be handled per contract specifications. Returned reports shall be accompanied with a written explanation of the problem and the repair. However, 737
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failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site. All areas receiving marginal coverage shall be irrigated by portable irrigation method. The contractor shall furnish all tools/equipment necessary.
41. IRRIGATION INSPECTION
The Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all work sites and identify all needed repairs.
Required repairs shall be submitted to the Parks and Maintenance Director, or his authorized agent, in a written statement within two (2) weeks after the start date of the Maintenance Contract. If a written statement, which documents required repairs, is not received by the authorized agent, within the stated timeframe, the entire system shall be interpreted as fully operational, and deemed acceptable by the Contractor and will become his sole responsibility to maintain. The City shall review and verify all submitted problems, repairs may be completed by the following methods:
1. Authorized the Contractor to make appropriate repairs at the expense of the City as described in Section 5.
2. Use City forces to make required repairs.
3. Use another source to make required repairs.
Upon completion of such repairs, the Contractor shall sign-off each individual area as being fully operational.
A. The Contractor shall file a monthly statement with his invoice certifying that all irrigation systems are functioning properly. If the Contractor fails to submit this statement, the invoice will be rejected until such date the statement is received.
B. The Contractor shall inspect the operation of the irrigation system on a weekly basis for any malfunctions. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.
C. All system malfunctions, damage and obstructions shall be recorded, reported to the Parks and Maintenance Director, or his authorized agent, and corrective action taken. 738
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42. IRRIGATION MAINTENANCE AND REPAIRS
A. The Contractor shall maintain all irrigation systems, at no additional cost to the City, in such a way as to:
• Guarantee proper coverage and full working capability. • Make whatever adjustments may be necessary to prevent over spray or excessive runoff into street rights-of-way or other areas not meant to be irrigated.
B. The Contractor shall repair or replace at no additional cost inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves, all irrigation non pressurized pipes, all manual and automatic valves, filters, basket strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers shall be the same as to removed manufacturer items unless prior approval has been granted by City representative in writing. Contractor shall test all backflows and submit to the City the appropriate test form once completed (contractors’ cost). Any device that fails to pass, the contractor shall report to the City for needed repairs and re-inspection.
Maintenance includes, but is not limited, tightening loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkler heads for proper coverage and to avoid irrigating hardscape including softball and baseball infield radius; anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters, replace batteries for battery operated valves and maintain solar operated valves, relocation of irrigation mainline or lateral lines due to tree placements and roots. The Contractor shall be responsible to replace recycle (purple) valve box lids and controller boxes, as needed and or as directed by City Representative. Labor shall be provided at no additional cost to the City.
C. Irrigation repairs shall be made within the following time limits:
Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.
All other irrigation repairs shall be made within one (1) day of identification or notification.
D. Replacement of irrigation components shall match city approved equipment list.
Substitutions must be approved by the Parks and Maintenance Director, or his authorized agent, in writing prior to installation.
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43. WATER CONSERVATION
The Contractor shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
The Contractor shall comply with all City of Ontario Ordinances and/or Resolutions, which relate to water conservation.
Failure to comply shall result in an equitable amount deducted from the Contractor's payment.
44. CONTROLLER PROGRAMMING
A. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows:
Whenever possible, automatic irrigation shall be programmed to operate between the hours of 9:00 P.M. to 8:00 A.M. The Contractor shall be responsible for reprogramming controller during inclement weather to conserve water.
Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, runoff and erosion potential, and the relationship of conditions which affect day and night watering.
Extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun or shade. Also, the variation in the size of plants, as well as varietal differences must be considered.
The irrigation system will be controlled by the contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf grass.
C. The Contractor, at the request of the Parks and Maintenance Director or his authorized agent, shall submit a copy of the irrigation schedule for each individual controller. This information is to be readily available upon request or available at the controller.
D. All landscape and turf areas shall be irrigated as required maintaining adequate growth and appearance with a schedule most conducive to plant growth. 740
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45. IRRIGATION CONTROLLER
A. The Contractor shall maintain controller as-builts (controller charts) inside each controller cabinet where available.
B. All controller enclosures shall receive a granular chemical application as needed to prevent pest infestation. Any damages resulting from any insect infestation due to failure to apply the chemical shall be repaired/replaced by the contractor (no expense to the City).
C. Controllers and dome antennas shall be inspected and cleaned by the contractor 4 x per year and report damages or maintenance needs.
46. TREE CARE
A. Tree Trimming
The Contractor shall be responsible for all tree under-trimmings, including the removal of palm fronds and flower stalks (if present). All trees are to be under-trimmed to ensure public and vehicle safety or as directed by the Parks and Maintenance Director, or his authorized agent.
Contractor shall have a Certified Arborist on staff to meet the following criteria:
Contractor shall prune palm trees at no extra cost to the City (dead fronds and flower stalks) annually, removal of fruit (dates) if present shall be done twice per year as designated by the Parks and Maintenance Director or his authorized agent.
Trees shall be pruned at no extra cost to the City on a cycle of once every three years, contractor to create a myOntario App once the trees have been completed under the Tree section and have the City representative inspect them. The contractor shall not leave the site until the work has been completed, approved and released by the City representative.
The Contractor shall notify the Parks and Maintenance Director, or his/her authorized agent, except when pruning is required for public safety. Once all trees are trimmed, a formal (Company letterhead) record of the work performed with time, date, location, type of tree, removal percentage and staff assigned to do the work. Any tree that is not trimmed by the end of 3-year cycle shall be deducted from the final billing of the maintenance contract.
All trees in the work site shall be maintained in their natural shapes. This work shall be accomplished in a manner which will ensure that each individual tree is under-trimmed carefully to promote the tree's health and appearance.
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All work shall be of the highest quality and performed in accordance with City approved tree trimming standards.
All trees shall be pruned within forty-eight (48) hours upon notification to remove or prevent encroachment where it blocks vision, or encroaches in any manner deemed undesirable by the Parks and Maintenance Director or his authorized agent.
All trees shall be continually maintained free of all dead, diseased and damaged branches back to the point of breaking. In cases where the dead, diseased or damaged branches are beyond the reach of a tree pruning pole saw being operated from ground level, the Contractor is to notify the City within 24 hours. Cuts must be made flush with the collar to promote proper healing. Pruning tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce spread of disease.
All sucker growth is to be removed from trees as it occurs.
The Contractor shall maintain all branches which encroach on or over sidewalks at a minimum height of ten feet (10') clearance. The Contractor shall notify the city within 24 hours of any branches encroaching beyond the curb line into the street that cannot be reached with a pole saw.
All branches which encroach over private property, shall be removed as directed.
The Contractor shall not remove or disturb any tree central leader without prior written approval from the Parks and Maintenance Director, or his authorized agent.
The Contractor shall include the removal of 20 trees per year with a DBH not to exceed 20” as part of his bid package and a unit price to perform an individual complete tree trim, and individual tree removal price. Contactor shall create a final work order using myOntario App once the trees have been trimmed, the City representative will inspect once the App has been closed as completed for release.
B. Tree Staking/Guying
The Contractor shall, at no additional cost to the City, stake and tie all trees, which require support. City does not provide stakes and ties. Tree stakes shall be 3” x 10’ wooden lodge poles. Two (2) tree stakes are required per tree.
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Guy wires, where required, will be of pliable zinc-coated ten-gauge wire (three ties per tree), and shall have a white PVC sleeve for visibility. Guy wires shall be kept tight enough to promote natural movement of the tree. Contractor shall periodically check the tension in the guy wires.
Trees shall be secured to stakes with cinch ties or equivalent. The Contractor shall not use wire and hose. Stakes shall not be placed closer than eight inches (8") from the tree trunk.
C. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and retied as necessary, to prevent girdling.
D. Tree Replacement
1. The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Parks and Maintenance Director, or his authorized agent.
Where there is a difference in value between the tree damaged by the Contractor and the replacement tree, this difference may be deducted from the Contractor's payment.
In all cases, the value of the trees lost will be determined by the Parks and Maintenance Director, or his authorized agent, using the latest ISA Guide for Plant Appraisal.
2. Unsalvageable downed trees, due to any cause (windstorm etc...), shall be removed, the stump ground to a depth of eighteen inches (18"), the stump grinding debris removed and the hole refilled with compatible topsoil and compacted within 48 hours of identification or notification. If the tree is in the public right-of-way or creating a public hazard, the tree is to be cut back to a 12" stump immediately upon notification and removed. Then within 48 hours, the stump is to be removed and the hole filled with compatible topsoil and compacted. This work shall be considered and EWA and invoiced to the city.
3. Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor with a twenty-four (24") box tree and billed as "Additional Work". The Parks and Maintenance Director, or his authorized agent may specify a species of tree for replacement different from the one lost.
E. Tree Irrigation
All trees shall be adequately irrigated to maintain a health and attractive appearance. Irrigation runoff and over spray shall be minimized.
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Trees shall be irrigated in a method which promotes deep root growth. The contractor shall provide manual deep watering to those trees that show decline.
47. WEED CONTROL
Weeds are defined in the dictionary as:
“A wild plant growing where it is not wanted and in competition with cultivated plants." When classified by their gross morphological features, weeds are broken down into three major categories: grasses, sedges, and broadleaf weeds.
Full control of these 3 categories of weeds will be achieved with a combination of selective and non-selective herbicides as well as mechanical removal. Weeds should not be visible.
All areas within the specified maintenance area, including but not limited to, turf grass, shrub and ground cover areas, planters, tree wells, landscape areas, and softball/baseball infields shall be kept free of weeds at all times.
Weed removal shall consist of complete removal of all weeds, including top growth and roots.
Weed control shall be performed as needed.
Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Parks and Maintenance Director, or his authorized agent, may restrict the use of chemical weed control in certain areas.
48. DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. The Contractor shall report any applied treatments within their next monthly billing. The Contractor shall identify the disease, snail, insect or rodent and specify control measures to be taken. The Contractor shall implement control measures, exercising extreme caution in the application of all spray materials, dust or other materials utilized.
Approved control measures shall be continued until the disease, snail, insect or rodent is controlled to the satisfaction of the Parks and Maintenance Director, or his authorized agent.
The Contractor shall utilize all safeguards necessary during disease, snail, insect or rodent control operations to ensure safety of the public and the employees of the Contractor.
The Contractor shall perform, at their sole expense, the following services:
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 744
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Control Advisor License for each chemical used is required prior to chemical application where required by law.
All chemicals requiring a special permit for their use must be registered by the Contractor with the County Agricultural Commissioner's Office and a permit obtained with a copy to the Parks and Maintenance Director, or his authorized agent, prior to use.
A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Parks and Maintenance Director, or authorized agent, on a monthly basis.
49. USE OF CHEMICALS
The Contractor shall submit a list of all chemical herbicides, pesticides, and rodenticides proposed for use under this contract for approval by the Parks and Maintenance Director or his authorized agent with the signed contract. Materials included on this list shall be limited to chemicals approved by the State of California Department of Food and Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a California State Licensed Pest Control Advisor where required by law.
The use of chemicals shall conform to the current San Bernardino County Agriculture Commissioner regulations. No chemical herbicide, rodenticide or pesticide shall be applied until its use is approved, in writing, by the Parks and Maintenance Director, or his authorized agent as appropriate for the purpose and area proposed.
Required spray equipment will consist of at least one (1) medium spray rig of 100-gallon (minimum) capacity or more and backpack sprayers provided for each crew performing chemical landscape maintenance.
50. TURF BROADLEAF
Control of broadleaf weeds shall include proper notification with chemicals to be used, date, and time to the Parks and Maintenance Director, or his authorized agent. prior to starting date for approval. Frequencies will be twice per year.
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51. LITTER
All areas in the work sites shall be kept free of, but not limited to, the following items: bottles, glass, broken glass, cans, paper, cardboard, metallic items, feces, leaves, tumbleweeds and other debris on a daily basis.
The Contractor shall promptly remove from the work area, all debris generated by their performance and dispose of the debris in a legal manner. The City does not allow any dumping of debris generated by your daily work in City facilities. Illegal dumping picked up by contractors shall be brought up to the City yard for proper disposal. Excessive dumping (above and beyond reasonable) after long holiday weekends and special events shall be reported immediately to the City Representative.
Hazardous waste as well as homeless belongings shall not be picked up. Contractor shall contact City Representative to arrange proper disposal by City forces. A myOntario App service request shall be created to report the hazardous conditions.
52. GRAFFITI
A. The Contractor shall remove any graffiti upon discovery within their contractual areas.
Extreme caution shall be placed on areas that get tagged to make sure that they get cleaned up with materials that do not damage the finish product (PVC Vinyl fence) and are biodegradable.
Issues of graffiti outside their contractual obligations shall be reported to the Graffiti Hot Line 909-395-2626 or create a service request within the myOntario App B. Issues of above normal graffiti vandalism within the contractor's contractual area shall be reported to the City representative upon finding. Phone call, text, or creation of a myOntario App service request are acceptable methods of communication to the City Representative. The City reserves the right to request an outside contractor to help with the cleaning or will have the right to request that the contractor performs the work as an additional cost to the City.
C. If graffiti cannot be removed and needs to be painted over, cover up paint shall match existing paint. Graffiti on sidewalks shall be removed with a hot steam pressure washer.
Painting of sidewalks over graffiti shall not be allowed. 746
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53. GENERAL
A. Trash Removal
Remove all trash and accumulated debris from the work sites daily. In addition, any type of feces is also to be removed from the walkways, turf or ground cover areas and dumpster areas.
B. Policing of Areas
All maintained areas shall be policed based on frequencies.
C. Curb and Gutter Maintenance
The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area monthly. The Contractor is responsible for insuring the roadway is cleared of all dirt and debris within four (4) feet of the curb and gutter in all areas adjacent to maintenance responsibilities.
D. Walkway Maintenance
Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment. All walkway cracks and expansion joints shall be maintained weed and grass free at all times.
E. Drain Maintenance
All drains and catch basins shall be kept free of siltation and debris at all times. All V-ditches and drainage areas shall be kept clean and edged weekly by the Contractor. Cleaning of drain basins shall be done monthly, Contractor shall inspect weekly to make sure that grates are secured, if missing, Contractor shall replace at City's expense. Damaged grates due to Contractor's operations shall be replaced at Contractors expense.
F. Removal of Leaves
Accumulation of leaves shall be removed from all designated landscape areas on a monthly basis and under trees once per month or more as needed.
G. Hardscape Power Wash
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All concrete areas shall be cleaned using a power washer (hot steam cleaning washer) to remove soda spills, gum and other stains that might be present. The City Representative will make the final determination if the service is needed.
The use of a biodegradable cleaner (soap) is required and permitted. Containment of contaminated soapy water shall be the responsibility of the Contractor.
54. REPAIR AND SERVICE OF WALKWAYS AND MISCELLANEOUS IMPROVEMENTS Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition.
The Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration but will be required to replace all improvements damaged by his negligence.
It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, or any other structural improvements within the work sites, unless otherwise specified. The Contractor shall be entitled to additional compensation for these services as stated. The contractor shall communicate any improvements needed prior to repairs to the Parks and Maintenance Director or his authorized agent for proper approvals.
55. MULCH
Mulch beds shall be replenished 2 time per year at the Contractor’s cost . The City may provide the mulch if an additional mulching is needed. If City provided, the Contractor will be responsible for loading the mulch at the City yard at 1425 S Bon View.
56. DECOMPOSED GRANITE/GRASS PAVER AREA
Contractor shall be responsible to drag with cocoa mat or similar and rake all decomposed granite areas monthly and to replenish displaced or missing material at his own cost as needed.
Moistening the material and use of a mechanical compactor is required when backfilling DG areas. Decomposed granite areas are to keep a grading that is acceptable and safe to walk on.
In the event of inclement weather, the City will compensate the contractor for the replacement of material for damage created by the storm.
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57. RODENT CONTROL
All areas shall be maintained free of rodents causing damage to turf, shrubs, and groundcover areas (gophers, squirrels etc.) by using Gophernator or trapping. Any activity that affects holes, mounds, etc. will be raked and backfilled after control.
58. DRINKING FOUNTAINS
Contractor shall be responsible for scrubbing and cleaning all drinking fountains within the facility at least once per week. Contractor shall be responsible to notify the City by text or phone if the drinking fountain is not working properly or if it is clogged. This will also be reported immediately once identified.
59. CITY OF ONTARIO myOntario App (FREE)
Contractor shall download the free myOntario App for the purpose of tracking completed specialty tasks (mulching, vandalism, vehicular damage, rose trimming, fertilizations, chemical applications, illegal dumping, hazardous waste, pruning shrubs, downed branches and rodent control, restroom issues). All specialty tasks shall be recorded as a service request using the app order system and shall be reported to the city representative when completed. City staff will close the service request.
60. MONUMENT SIGNS
Contractor shall be responsible to keep the monument signs free of litter, debris, silt and cobwebs. The Contractor shall be responsible to paint (if needed) areas that have a painted surface a minimum of once per year. The Contractor shall keep shrubs and vegetation edged and trimmed to a height that displays the complete wording on the monument.
NOTICES
Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by email followed by mailing of said notice. 749
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Ontario Parkways, Medians and Fire Stations
MAINTENANCE FREQUENCIES
TURF
Mowing 43 x per year
Edging 43 x per year
Detail 43 x per year
Fertilization 3 x per year
Broadleaf Control (minimum) 2 x per year
Nutsedge Control(minimum) 2 x per year
Aeration 2 x per year
Renovation 1x per year
Over Seeding As needed
Over Seeding (repairs) As needed
SHRUBS
Pruning As needed
Raking Leaves As needed
ROSES
Pruning (heavy) 1 x per year
Fertilization 2 x per year
Line of site clearance As needed
VINES
Trimming (To be kept 8” below top of wall) As needed
TREES
Staking/Guying As needed
Trimming (ISA standards) 1 x every 3 years
Raking Leaves As needed
Under Trimming As needed
IRRIGATION
Service (minimum) 52 x per year
Inspections 52 x per year
Reports 12 x per year
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MISCELLANEOUS
Weed Removal As needed
Weed Control 24 x per year
Rodent Control As needed
Graffiti Removal 364 x year
Curb and Gutter service As needed
Trash/Litter 364 x per year
Mulch Replenishing 2x per year
Decomposed Granite (service) As needed
Monument Painting 1 x per year
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SCOPE OF SERVICES
LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN PARKWAYS, FIRE
STATIONS, AND LANDSCAPE MEDIANS
BID SCHEDULE NO. 1
LANDSCAPE MAINTENANCE CONTRACT PM 2425-12
FISCAL YEAR 2024/2025 to 2026/2027 3 YEAR CONTRACT
No. Description Monthly
Cost
Annual
Cost
1. 6th St. parkways and traffic calmers from Euclid Ave to Benson $ $
2. 1333 S. Bon View Ave (parking lot included) $ $
3. 1425 S Bon View and 1448 S Cucamonga Bio Swells. (City Yard) $ $
4. Archibald medians from Philadelphia to Chino Ave. $ $
5. Archibald median N/Inland Empire to the channel $ $
6. Archibald and the 10 Fwy Pork Chops $ $
7. Convention center way median $ $
8. District #3 Walnut and Campus $ $
9. District #3 Walnut and Bon View $ $
10. District #3 Riverside and Turner and parkway on Roan $ $
11. District #3 Turner and Chino $ $
12. Fire Station # 2 $ $
13. Fire Station # 3 $ $
14. Fire Station # 4 $ $
15. Fire Station # 5 $ $
16. Fire Station # 6 $ $
17. Fire Station # 7 $ $
18. Fire Station # 8 $ $
19. Fire Station # 9 $ $
20. Francis median west of Haven $ $
21. G St. from Mountain to Benson south parkway $ $
22. Grove Median south of Philadelphia $ $
23. Haven underpass from Guasti to Airport Drive $ $
24. Holt Median east and west of Vineyard to the 10 Fwy $ $
25. Holt and Mountain medians (4) $ $
26. Milliken median I 10 to 4th St $ $
27. Milliken medians from Mission south to 60 Fwy $ $
28. Milliken and Guasti Overpass $ $
29. Milliken and Riverside median and parkways $ $
30. Mission from Mountain to Benson median $ $
31. Mission and Milliken overpass medians and parkways $ $
32. Mountain Avenue N. of 5th street (Parkways and medians) $ $
33. Mountain Ave. E/W parkways 5th to Holt (vine pockets included) $ $
34. Parkside (Inland Empire from Archibald to Turner) $ $
35. QVC- Inland Empire from Vineyard to Archibald, Vineyard from Inland Empire to 4th St, 4th St. from Vineyard to channel $ $
36. Vineyard and Holt Grade Separation (LAWA areas included) $ $ Total $ $
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Additional cost for a complete individual tree trimming up to 30’ (per individual tree/required trimming to be +/- 35% of growth per ISA) $
Cost for complete tree (individual) removal per inch at DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
$
Cost for complete tree removal per inch at
DBH (diameter at breast height) (flush cut 3” from ground) $
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
753
Ex. A - 45 (BB&K 2020)
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LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN PARKWAYS, FIRE
STATIONS, AND LANDSCAPE MEDIANS
BID SCHEDULE NO. 2
LANDSCAPE MAINTENANCE CONTRACT PM 2425-12
FISCAL YEAR 2027/2028 4th YEAR CONTRACT
(OPTIONAL)
No. Description Monthly
Cost
Annual
Cost
1. 6th St. parkways and traffic calmers from Euclid Ave to Benson $ $
2. 1333 S. Bon View Ave (parking lot included) $ $
3. 1425 S Bon View and 1448 S Cucamonga Bio Swells. (City Yard) $ $
4. Archibald medians from Philadelphia to Chino Ave. $ $
5. Archibald median N/Inland Empire to the channel $ $
6. Archibald and the 10 Fwy Pork Chops $ $
7. Convention center way median $ $
8. District #3 Walnut and Campus $ $
9. District #3 Walnut and Bon View $ $
10. District #3 Riverside and Turner and parkway on Roan $ $
11. District #3 Turner and Chino $ $
12. Fire Station # 2 $ $
13. Fire Station # 3 $ $
14. Fire Station # 4 $ $
15. Fire Station # 5 $ $
16. Fire Station # 6 $ $
17. Fire Station # 7 $ $
18. Fire Station # 8 $ $
19. Fire Station # 9 $ $
20. Francis median west of Haven $ $
21. G St. from Mountain to Benson south parkway $ $
22. Grove Median south of Philadelphia $ $
23. Haven underpass from Guasti to Airport Drive $ $
24. Holt Median east and west of Vineyard to the 10 Fwy $ $
25. Holt and Mountain medians (4) $ $
26. Milliken median I 10 to 4th St $ $
27. Milliken medians from Mission south to 60 Fwy $ $
28. Milliken and Guasti Overpass $ $
29. Milliken and Riverside median and parkways $ $
30. Mission from Mountain to Benson median $ $
31. Mission and Milliken overpass medians and parkways $ $
32. Mountain Avenue N. of 5th street (Parkways and medians) $ $
33. Mountain Ave. E/W parkways 5th to Holt (vine pockets included) $ $
34. Parkside (Inland Empire from Archibald to Turner) $ $
35. QVC- Inland Empire from Vineyard to Archibald, Vineyard from Inland Empire to 4th St, 4th St. from Vineyard to channel $ $
36. Vineyard and Holt Grade Separation (LAWA areas included) $ $ Total $ $
754
Ex. A - 46 (BB&K 2020)
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Additional cost for a complete individual tree trimming up to 30’ (per individual tree/required trimming to be +/- 35% of growth per ISA) $
Cost for complete tree (individual) removal per inch at DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
$
Cost for complete tree removal per inch at
DBH (diameter at breast height) (flush cut 3” from ground) $
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
755
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LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN PARKWAYS, FIRE
STATIONS, AND LANDSCAPE MEDIANS
BID SCHEDULE NO. 3
LANDSCAPE MAINTENANCE CONTRACT PM 2425-12
FISCAL YEAR 2028/2029 5th YEAR CONTRACT (OPTIONAL)
No. Description Monthly
Cost
Annual
Cost
1. 6th St. parkways and traffic calmers from Euclid Ave to Benson $ $
2. 1333 S. Bon View Ave (parking lot included) $ $
3. 1425 S Bon View and 1448 S Cucamonga Bio Swells. (City Yard) $ $
4. Archibald medians from Philadelphia to Chino Ave. $ $
5. Archibald median N/Inland Empire to the channel $ $
6. Archibald and the 10 Fwy Pork Chops $ $
7. Convention center way median $ $
8. District #3 Walnut and Campus $ $
9. District #3 Walnut and Bon View $ $
10. District #3 Riverside and Turner and parkway on Roan $ $
11. District #3 Turner and Chino $ $
12. Fire Station # 2 $ $
13. Fire Station # 3 $ $
14. Fire Station # 4 $ $
15. Fire Station # 5 $ $
16. Fire Station # 6 $ $
17. Fire Station # 7 $ $
18. Fire Station # 8 $ $
19. Fire Station # 9 $ $
20. Francis median west of Haven $ $
21. G St. from Mountain to Benson south parkway $ $
22. Grove Median south of Philadelphia $ $
23. Haven underpass from Guasti to Airport Drive $ $
24. Holt Median east and west of Vineyard to the 10 Fwy $ $
25. Holt and Mountain medians (4) $ $
26. Milliken median I 10 to 4th St $ $
27. Milliken medians from Mission south to 60 Fwy $ $
28. Milliken and Guasti Overpass $ $
29. Milliken and Riverside median and parkways $ $
30. Mission from Mountain to Benson median $ $
31. Mission and Milliken overpass medians and parkways $ $
32. Mountain Avenue N. of 5th street (Parkways and medians) $ $
33. Mountain Ave. E/W parkways 5th to Holt (vine pockets included) $ $
34. Parkside (Inland Empire from Archibald to Turner) $ $
35. QVC- Inland Empire from Vineyard to Archibald, Vineyard from Inland Empire to 4th St, 4th St. from Vineyard to channel $ $
36. Vineyard and Holt Grade Separation (LAWA areas included) $ $ Total $ $
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Additional cost for a complete individual tree trimming up to 30’ (per individual tree/required trimming to be +/- 35% of growth per ISA) $
Cost for complete tree (individual) removal per inch at DBH (diameter at breast height) stumps to
be ground to a depth of 18” minimum
$
Cost for complete tree removal per inch at
DBH (diameter at breast height) (flush cut 3” from ground) $
FUTURE CONTRACT ADDITIONS
Landscape maintenance areas cost per sq. ft. $
Hardscape maintenance areas cost per sq. ft. $
Weed Abatement areas cost per sq. ft. $
757
BB&K (2023) Exhibit B-1 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
EXHIBIT “B”
SCHEDULE OF SERVICES
JULY 1, 2024 - JUNE 30, 2027
758
BB&K (2023) Exhibit C-1 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
EXHIBIT “C”
COMPENSATION
NOT TO EXCEED $1,004,400
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE
759
BB&K (2023) Exhibit C-2 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ontario (hereinafter referred to as “City”) has awarded to , (hereinafter referred to as the “Contractor”)
an agreement for
(hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
760
BB&K (2023) Exhibit C-3 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
761
BB&K (2023) Exhibit C-4 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 ).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
762
BB&K (2023) Exhibit C-5 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
763
BB&K (2023) Exhibit C-6 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ontario (hereinafter designated as the “City”), has awarded to hereinafter designated as the “Principal,” a contract for the work described as follows:
(the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal 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, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, 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 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 764
BB&K (2023) Exhibit C-7 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
765
BB&K (2023) Exhibit C-8 MAINTENANCE SERVICES AGREEMENT
46700.00100\40935194.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
766
Department: Police Department
Prepared By: Melissa Sowizdrzal-Morgan
Department: Police Department
Prepared By: Lizceth Zazueta
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT: A PROFESSIONAL SERVICES AGREEMENT FOR LEGAL CONSULTING SERVICES WITH RICHARD D. JONES DBA JONES MAYER
CITY OF ONTARIO
Agenda Report
June 4, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute a Professional Services Agreement with Richard D. Jones, a Professional Law Corporation, dba Jones Mayer, of Fullerton, CA, for legal consulting services for a total not-to-exceed contract amount of $375,000.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: The Fiscal Year 2024-25 Proposed Budget includes appropriations of $75,000 in the General Fund. The contract has a not-to-exceed amount of $375,000 over five years including two optional one-year extensions. If approved, appropriations will be included in future Annual Budgets to the City Council for approval as needed for legal consulting services.
BACKGROUND & ANALYSIS: Richard D. Jones, a Professional Law Corporation, dba Jones Mayer (Jones Mayer), provides services to public entities and serves as the City Attorney to various cities throughout Southern California. Periodically, the Police Department finds it necessary to retain counsel for litigation and various other legal review to best protect the City's interest. In 2019, the City established a contract with Jones Mayer to provide consulting and legal services pertaining to representation in litigation proceedings.
Continuing legal consulting services with Jones Mayer mitigates the delay in maintaining the same level of services with current open claims and litigations that are at critical points. Jones Mayer has proven expertise and specialized knowledge in legal consulting services as it pertains to the City's needs. Retaining these services with Jones Mayer provides the best value to the City both in time and cost.
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BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ONTARIO AND RICHARD D. JONES DBA
JONES AND MAYER ATTORNEYS AT LAW
1. PARTIES AND DATE.
This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Richard D. Jones a Professional Law Corporation dba Jones Mayer, a Corporation, with its principal place of business at 3777 N Harbor Blvd, Fullerton, CA, 92835 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Legal Consulting Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Legal Consulting Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1st, 2024 to June 30th, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one (1)-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
TREASURER
SCOTT OCHOA
CITY MANAGER
PAUL S. LEON
MAYOR
DEBRA PORADA
MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN
RUBEN VALENCIA
COUNCIL MEMBERS
768
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BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT
consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Seventy-Five Thousand Dollars ($375,000.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt 769
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BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
3.3.5 City's Representative. The City hereby designates the City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement.
Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates James R.
Touchstone, Executive Partner, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services 770
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BB&K (2023) -4- PROFESSIONAL SERVICES AGREEMENT
necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations 771
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BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT
of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
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3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. 773
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(D) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its 776
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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 777
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3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 778
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3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Jones Mayer
3777 N Harbor Blvd,
Fullerton, CA, 92835
ATTN: James R. Touchstone
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Records Management
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the 779
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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, 780
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in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except 781
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ONTARIO AND RICHARD D. JONES DBA
JONES AND MAYER ATTORNEYS AT LAW
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF ONTARIO RICHARD D. JONES, APLC
DBA JONES MAYER
*If a Corporation, two Signatures are required. President or Vice President and Secretary or Treasurer.
By: AAA
Its: BBB
Printed Name: CCC
By: DDD
Its: EEE
Printed Name: FFF
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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SCOPE OF SERVICES & COMPENSATION
Scope of Services
Defend civil rights cases, as requested by the City; participate in AIT investigations and debriefs for critical incidents; provide counsel to the Chief of Police, or his or her designee, concerning policy and procedure issues, training and tactics, as requested; and provide general legal advice concerning law enforcement issues, as needed.
Compensation
2024 $275.00 attorney/$165.00 law clerk/paralegal
2025 $286.00 attorney/$171.60 law clerk/paralegal
2026 $297.44 attorney/$178.46 law clerk/paralegal
2027 $309.34 attorney/$185.60 law clerk/paralegal
2028 $321.71 attorney/$193.02 law clerk/paralegal
785
Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT: DESIGN SERVICES AGREEMENTS FOR ON-CALL WATER AND SEWER ENGINEERING
SERVICES
CITY OF ONTARIO
Agenda Report
June 4, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve three-year Design Services Agreements with six firms to provide On-Call Water and Sewer Engineering Services in the amount of $200,000 per year for a three-year total not-to-exceed amount of $600,000 for each firm, and authorize the City Manager, or his designee, to execute said Agreements and future amendments within the authorized limits.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The proposed firms have agreed to fixed billing rates set forth in their respective Agreements on an on-call, as-needed basis for the first year and will have an option to negotiate for hourly rate increases not to exceed 3% per year for the additional years. At the City’s discretion, up to two additional one-year extensions may be executed. If approved, appropriations will be included in future annual budgets in the Water and Sewer Capital Funds to the City Council for approval as needed for on-call design services. There is no impact to the General Fund.
BACKGROUND & ANALYSIS: The City’s Water and Sewer Master Plans recommend numerous capital improvement projects to maintain water and sewer service reliability to the community. The City’s sewer system includes approximately 450 miles of pipeline, about 40% of which is more than 50 years old. Similarly, the City’s water system includes approximately 630 miles of pipeline, about 20% of which is more than 50 years old. Replacement and maintenance of aging and undersized facilities is part of the City’s ongoing capital improvement program to maintain the reliability of water and sewer services to the residents and businesses of Ontario. 786
Over the next three years, Ontario Municipal Utilities Company will be engaging these firms in planning and design efforts related to approximately 60 projects totaling about $230 Million. The types of projects range from, recycled and water main improvements, treatment, facility improvements, construction of new wells, sewer main improvements, lift station improvements, sewer main lining improvements, and alternative water supply assessments.
Due to the volume of projects, Staff is recommending Agreements to be awarded to a total of six qualified firms to ensure timely and cost-effective options for each project. Additionally, Staff is recommending that all Agreements be executed between the firms and the City so that any City Agency can use these firms (other Agencies are required to amend the Agreements for their specific projects and provide funding sources). This procedure reduces overhead costs and increases efficiency in completing critical projects, ultimately resulting in more satisfactory work product delivery.
Firms will be utilized for small and large-scale projects. As projects arise, Staff will request cost proposals from the firms and evaluate. It is anticipated that cost will exceed $200,000 per year based on the amount of Capital projects within the next three years. Once costs exceed the $200,000 limit per year, Staff will bring proposed Amendments to City Council with specific project cost increases.
On December 22, 2023, the City solicited requests for qualifications (RFQ) for On-Call Water and Sewer Engineering Services. Fourteen bids were received through the City’s electronic bid management system in response to Bid No. 1740. Responses from the following companies were evaluated:
Company Location
Adams Streeter Civil Engineers Inc. Irvine, CA
AKM Consulting Engineers Inc. Irvine, CA
Albert A Webb Associates Riverside, CA
Ardurra Group Inc. Tampa, FL
GHD Inc. Irvine, CA
Hazen and Sawyer Irvine, CA
IDS Group Inc. Corona, CA
IMEG Corporation Ontario, CA
J Smith & T Muli Inc. San Juan Capistrano, CA
Jenkins/Gales & Martinez Inc. Los Angeles, CA
Kleinfelder Inc. San Diego, CA
Robert Borders & Associates Costa Mesa, CA
Stantec Consulting Services Inc. Edmonton in Alberta, Canada TKE Engineering Inc. Riverside, CA
Using a qualifications-based selection process, a panel of City Staff reviewed the statements of qualifications for all companies that submitted a response to the RFQ. Hazen and Sawyer, GHD Inc., Stantec Consulting Services Inc., Albert A Webb Associates, Ardurra Group Inc., and TKE Engineering 787
Inc., were determined to be the most qualified firms. The recommendation to award Design Services Agreements to these firms is based on their broad range of expertise as demonstrated by their services provided to municipal agencies and capability to perform the work in a timely manner.
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limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budget").
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condi.tion or to ensure the proper development of the· required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s} to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"}. City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and relatedterms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196.l
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 BB&K (2023)
46700.00100\4093 5196.1
Project Title Project P.O. Number Duration
On-Call Design Services 3 years
Not to Exceed Fee
$600,000
$600,000
Exhibit B-1
925
926
927
928
929
930
931
932
933
934
limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budget").
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9. 7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196.1
-8-
935
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten {10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 8B&K (2023)
46700.00100\40935 l 96. I
Project Title Project Not to Exceed Fee Duration P. 0. Number On-Call Design Services 3 years $600,000
$600,000
Exhibit B-1
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budger).
3.9.2 Proiect Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.1 0 Compensation.
3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196.1
-8-
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 BB&K (2023)
46700.00100\40935196.1
Project Title Project Not to Exceed Fee P.O. Number Duration On-Call Design Services 3 years $600,000
$600,000
Exhibit B-1
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budget").
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and �pecifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9. 7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196.I
-8-
1168
1169
1170
1171
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 BB&K (2023)
46700.00 I 00\40935196. l
Project Title Project
Not to Exceed Fee P. 0. Number Duration
On-Call Design Services 3 years $600,000
$600,000
Exhibit B-1
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budget").
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials .. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.1 O Compensation.
3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196. l
-8-
1268
1269
1270
1271
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten {10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 BB&K (2023)
46700.00100\40935196.1
Project Title Project P. O.Number Duration
On-Call Design Services 3 years
Not to Exceed Fee
$600,000
$600,000
•
Exhibit B-1
1364
1365
1366
1367
1368
1369
1370
1371
1372
1373
1374
1375
1376
1377
1378
1379
limitation information, the City shall provide the Consultant with a preliminary construction budget ("City's Preliminary Construction Budget").
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City's expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10. 1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Thousand Dollars ($600,000) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached heretoas Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
BB&K (2023)
46700.00100\40935196.1
-8-
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No.
0 1.0
2.0 BB&K (2023)
46700.00100\40935 I 96.1
Project Title Project
P.O. Number Duration
On-Call Design Services 3 years
Not to Exceed Fee
$600,000
$600,000
Exhibit 8-1
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Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL PROJECT MANAGEMENT
SERVICES
CITY OF ONTARIO
Agenda Report
June 4, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve three-year Professional Services Agreements with five firms to provide On-Call Project Management Services in the amount of $200,000 per year for a three-year total not-to-exceed amount of $600,000 for each firm; and authorize the City Manager, or his designee, to execute said Agreements and future amendments within the authorized limits.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Fiscal Year 2024-25 Proposed Capital Improvement Program (CIP) Budget includes appropriations in the Water and Sewer Capital Funds for on-call project management services. Additional appropriations will also be included in future annual budgets presented to council for approval. There is no impact to the General Fund.
The proposed firms have agreed to fixed billing rates set forth in their respective Agreements on an on-call, as-needed basis for the first year and will have an option to negotiate for hourly rate increases not to exceed 3% per year for the additional years. At the City’s discretion, up to two additional one-year extensions may be executed.
BACKGROUND & ANALYSIS: The City’s Water and Sewer Master Plans recommend numerous capital improvement projects to maintain water and sewer service reliability to the community. The City’s sewer system includes approximately 450 miles of pipeline, about 40% of which is more than 1455
50 years old. Similarly, the City’s water system includes approximately 630 miles of pipeline, about 20% of which is more than 50 years old. Replacement and maintenance of aging and undersized facilities is a part of the City’s ongoing CIP to maintain the reliability of water and sewer services to the residents and businesses of Ontario.
Over the next three years, Ontario Municipal Utilities proposes to engage these firms to provide construction management support services on various CIP projects scheduled for construction.
Anticipated projects include Advanced Metering Infrastructure Antenna Towers Phase II, Pressure Reducing Station Rehabilitation, Onsite Chlorine Generation Upgrades, various Citywide water and sewer main improvements, and sewer service lateral installations. Concurrently planning and design efforts are occurring for other CIP projects included in the current CIP budget. There are approximately 60 water and sewer projects totaling approximately $230 Million in design and construction scheduled for the next three years.
Due to the volume of projects, Staff is recommending Agreements to be awarded to a total of five qualified firms to ensure timely and cost-effective options for each project. Additionally, Staff is recommending that all Agreements be executed between the firms and the City so that any City Agency can use these firms (other Agencies are required to amend the Agreements for their specific projects and provide funding sources). This procedure reduces overhead costs and increases efficiency in completing critical projects, ultimately resulting in more satisfactory work product delivery.
Firms will be utilized for small and large-scale projects. As projects arise, Staff will request cost proposals from the firms and evaluate. It is anticipated that cost will exceed $200,000 per year based on the amount of Capital projects within the next three years. Once costs exceed the $200,000 limit per year, Staff will bring proposed Amendments to City Council with specific project cost increases.
On December 22, 2023, the City solicited requests for qualifications (RFQ) for On-Call Project Management Services. Twenty bids were received through the City’s electronic bid management system in response to Bid No. 1739. Responses from the following companies were evaluated:
Company Location
AKM Consulting Engineers Inc. Irvine, CA
Anser Advisory Management LLC Irvine, CA
Ardurra Group, Inc. Tampa, FL
Bowman Infrastructure Engineers Ltd.
Brea, CA
California Professional Management Rancho Cucamonga, CA CCK & Associates Construction Inc. Upland, CA
Cordoba Corporation Ontario, CA
Cumming Management Group Inc. Murrieta, CA
DG Jones & Partners USA Inc. Chicago, IL
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EPC Consultants Inc. San Francisco, CA
FCG Consultants Inc. Yorba Linda, CA
Griffin Structures, Inc. Irvine, CA
Interwest Consulting Group Inc. Ontario, CA
Jenkins/Gales & Martinez Inc. Los Angeles, CA
Ladayu Consulting Group Palos Verdes Estates, CA
Pacific Pros Consultants Inc. Aliso Viejo, CA
Project Partners Inc. Laguna Hills, CA
TKE Engineering Inc. Riverside, CA
Transtech Engineers Inc. Chino, CA
Z&K Consultants Inc. Riverside, CA
Using a qualifications-based selection process, a panel of City Staff reviewed the statements of qualifications for all companies that submitted a response to the RFQ. Anser Advisory Management LLC., Ardurra Group Inc., Z&K Consultants Inc., FCG Consultants Inc., and AKM Consulting Engineers Inc., were determined to be the most qualified firms. The recommendation to award Professional Services Agreements to these firms is based on their broad range of expertise as demonstrated by their services provided to municipal agencies and capability to perform the work in a timely manner.
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Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to June 4, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars ($600,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request thatConsultant perform Extra Work. As used herein, "Extra Work" means any workwhich is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of BB&K (2023)
46700.00100\40935195.l
-2- PROFESSIONAL SERVICES AGREEMENT
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EXHIBIT "B"
SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No. Project Title
0 On-Call Project Management (CM&I) Services
1.0 2.0
BB&K (2023)
46700.00100\40935195.1
Exhibit "B"- 2
Project P. 0. Number Duration
3 years
Not to Exceed Fee
$600,000
$600,000
PROFESSIONAL SERVICES AGREEMENT
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1521
Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to June 4, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars ($600,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform ExtraWork. As used herein, "Extra Work" meansany work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of BB&K (2023)
46700.00100\40935195.1
-2- PROFESSIONAL SERVICES AGREEMENT
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EXHIBIT "B"
SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No. Project Title
0 On-Call Project Management (CM&I) Services
1.0 2.0
BB&K (2023)
46700.00100\40935195.l
Exhibit "B"- 2
Project Not to Exceed Fee P. 0. Number Duration
3 years $600,000
$600,000
PROFESSIONAL SERVICES AGREEMENT
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Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to June 4, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars ($600,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of BB&K (2023)
46700.00 I 00\40935195.1
-2- PROFESSIONAL SERVICES AGREEMENT
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EXHIBIT "B"
SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, beginning ten {10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No. Project Title
0 On-Call Project Management (CM&I) Services
1.0 2.0
BB&K (2023)
46700.00100\40935195.1
Exhibit "B"- 2
Project
P. 0. Number Duration
3 years
Not to Exceed Fee
$600,000
$600,000
PROFESSIONAL SERVICES AGREEMENT
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Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to June 4, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars ($600,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of BB&K (2023)
46700.00100\40935195.1
-2- PROFESSIONAL SERVICES AGREEMENT
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EXHIBIT "B"
SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, beginning ten (10) calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No. Project Title
0 On-Call Project Management (CM&I) Services
1.0 2.0
BB&K (2023)
46700.00100\40935195.1
Exhibit "B"- 2
Project Not to Exceed Fee P. 0. Number puration
3 years $600,000
$600,000
PROFESSIONAL SERVICES AGREEMENT
1739
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1741
1742
Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and·all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to June 4, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars ($600,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of BB&K (2023)
46700.00 I 00\40935195.1
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EXHIBIT "B"
SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, beginning ten {10} calendar days after Notice to Proceed is issued:
Amend.
No.
-
1.0 2.0
Task No. Project Title
0 On-Call Project Management (CM&I) Services
1.0 2.0
BB&K (2023)
46700.00100\40935195.1
Exhibit "B"- 2
Project
Duration P. 0. Number
3 years
Not to Exceed Fee
$600,000
$600,000
PROFESSIONAL SERVICES AGREEMENT
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1836
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1838
Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT: A CONTINGENCY INCREASE TO THE CONSTRUCTION CONTRACT WITH JAMES FOWLER CO. AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PETRA GEOSCIENCES INC. FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR UT1046 SAN ANTONIO TRANSMISSION WATER MAIN PHASE 2 PROJECT
CITY OF ONTARIO
Agenda Report
June 4, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:
A. Approve and authorize the City Manager, or designee, to increase the Construction Contract contingency with James Fowler Co., of Dallas, Oregon, in the amount of $399,763, increasing the overall construction contingency from 10% ($799,526) to 15% ($1,199,288), for a new total not-to-exceed contract authorization of $9,194,544.
B. Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Petra Geosciences, Inc., of Costa Mesa, California, to amend the Agreement by $241,269 for a new total not-to-exceed amount of $498,444, and a term from October 29, 2022, to September 30, 2024.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Focus Resources in Ontario's Commercial and Residential Neighborhoods Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The proposed contingency increase to the Construction Contract with James W.
Fowler is $399,763. This action would increase the original approved contingency amount from 10% ($799,526) to 15% ($1,199,288). The Original Contract was approved for $7,995,255, plus a 10% contingency of $799,526, for a total not-to-exceed amount of $8,794,781. With the proposed change, the total not-to-exceed Contract amount would increase to a new not-to-exceed contract authorization of $9,194,544.
Proposed Amendment No. 1 to Petra Geosciences, Inc., is for $241,269 for a new total not-to1839 Proposed Amendment No. 1 to Petra Geosciences, Inc., is for $241,269 for a new total not-toexceed amount of $498,444. The total cost for the recommended action amounts to $641,032.
The Fiscal Year 2023-24 Budget includes appropriations from the Water Capital Fund and Old Model Colony (OMC) Regional Water Development Impact Fee (DIF) Fund for this project. The Water Capital Fund provides 25% of the funding for this project and the OMC Regional Water Development DIF Fund will provide 75% of the funding (Capital Improvement Project No. WA1401 and DIF Project No. WT04). There is no impact on the General Fund.
BACKGROUND & ANALYSIS: The Contracts were approved by City Council on September 20, 2022.
The project includes upsizing the existing 18-inch diameter transmission main connecting a 20- million-gallon (MG) reservoir and a 2 MG reservoir, located at Fern Reservoir Park in the City of Upland, which serves the northern part of the City of Ontario. The work under the project consists of installation of approximately 1,490 linear feet of 30-inch & 36-inch diameter potable water transmission main along 8
th Street, between San Antonio Avenue and the City owned reservoirs, installation of appurtenances, connections to the reservoir outlet pipe and the Phase-1 30-inch main on San Antonio Avenue, and pavement and striping restoration (See Exhibit A).
This work upgrades aging pipelines serving City of Ontario customers to maintain the reliability of water services to portions of the northernmost Ontario community and improves service pressure and fire flow availability. Improvements were prioritized based on capacity deficiencies, condition assessments, and current level of maintenance activities. Most of the work has been completed.
Due to unanticipated subsurface conditions and work required to mitigate encountered unstable soil conditions and substructures, there is a need to increase the cost of the Construction Contract contingency to cover overall mitigation measures in the amount of $399,763 and added geotechnical and material testing professional services work in the amount of $241,269. Efforts to safely and quickly minimize the impacts of construction on City of Upland residences and local traffic flow were a priority and reasonable mitigation measures were executed.
The depth of the new pipe, predominantly 20-feet to 35-feet below the surface, and soil containing many large cobblestones complicated the progress of work and required soil stabilizing measures and greater excavation support than originally anticipated. Actual soil conditions required approximately double the volume of stabilizing grout than was reasonably estimated during design.
Additionally, existing storm drain structures in the stabilization area were larger than indicated on record drawings. To stabilize the material under the structures, an alternate grouting technique was added to the scope of work. Finally, inoperable water valves in the existing water system required additional excavation and replacements to support the planned work.
The Professional Services Agreement with Petra provided expert oversight and compaction testing of tunneling, soil stabilization, and pipeline installation. During construction, existing utilities were found to obstruct a greater extent of the project site than was discovered during records research and potholing investigations. Adjustments in the work approach and additional efforts were needed to safely stabilize the existing soil throughout the duration of the project. Progress during pipeline installation was also slowed by the contractor’s need to modify the sequence of work to 1840
accommodate site conditions and deviations in location of existing utilities. These factors all resulted in much greater levels of necessary work to conduct soil remediation, pipe installation, and compaction oversight.
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