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2022-07-12 - AGENDA REPORTS - AMEND AMERICAN HERITAGE LANDSCAPE AGMT LMD 27
O Agenda Item: 8 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: �1 A11�44_1) DATE: July 12, 2022 SUBJECT: AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH AMERICAN HERITAGE LANDSCAPE DEPARTMENT: Administrative Services PRESENTER: Kevin Tonoian RECOMMENDED ACTION City Council: Approve a four -month extension to the existing contract with American Heritage Landscape for recurring landscape maintenance services in Landscape Maintenance District 27 for $58,510. Inclusive of the existing $49,950 interim contract with American Heritage, the total amount of the amended contract will not exceed $108,450. 2. Authorize the City Manager or designee to execute all contracts and associated documents, and modify the awards in the event impossibility of performance arises, and execute all documents subject to City Attorney approval. BACKGROUND On May 9, 2022, the landscaping company responsible for servicing Landscape Maintenance Zone (LMD) 27, BrightView Landscaping, gave notice of their intent to terminate their contract effective May 13, 2022. In the immediate months preceding contract termination, staff memorialized continuing performance issues which BrightView Landscaping's representatives indicated were due to ongoing labor shortages and rising business costs. To ensure operational continuity, staff reached agreement on an interim contract with American Heritage Landscape who subsequently assumed maintenance responsibility beginning on May 23, 2022. Based on the combined amount of recurring monthly costs associated with maintaining this LMD zone and one-time expenditures necessary to complete fuel modification clean-up left incomplete by the prior contractor, City Council action to amend and authorize an expenditure authority increase for this interim agreement is necessary. Page 1 Packet Pg. 90 O In consideration of the above, staff recommends amending the current interim landscape maintenance with American Heritage Landscape. Staff is requesting City Council approval of a four -month contract extension encompassing $58,500 in additional expenditure authority. The amendment of this interim agreement will allow staff to complete a competitive procurement process and return to the City Council following the summer recess to consider awarding a long- term landscape services contract. ALTERNATIVE ACTION Other action as determined by the City Council FISCAL IMPACT There is no impact to the General Fund associated with this action. Adequate operational budget has been previously appropriated by the City Council and is available in the Fiscal Year 2022-23 Annual Budget. ATTACHMENTS 22-LMD-18 Zone 27 - American Heritage Interim Landscape Maintenance Agreement (available in the City Clerk's Reading File) Page 2 Packet Pg. 91 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 CON-6 Council Approval Date: NA Agenda Item: NA Contract Amount: $49,950.00 MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND AMERICAN HERITAGE LANDSCAPE, LP FOR 22-LMD-18 ZONE 27 INTERIM LANDSCAPE MAINTENANCE THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and AMERICAN HERITAGE LANDSCAPE, LP ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth in the attached Exhibit " A-13 ," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 05/23/2022 , to 08/24/2022 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " A-13 " B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper Page 1 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. C. CONTRACTOR guarantees each portion of the services as installed against defective materials and workmanship for a period of one (1) year from date of CITY's written acceptance of the work. Promptly upon CITY's request within that one (1) year period, CONTRACTOR agrees to correct by repair or replacement without charge to CITY any defects which may appear in the work or any portion thereof. Notwithstanding the foregoing, all guarantees and warranties obtained by CONTRACTOR from manufacturers and vendors of equipment used in the performance of the services shall be extended to CITY's benefit for the full limit of their terms. 4. PREVAILING WAGES. CONTRACTOR's work is considered a "Public Works project" subject to the payment of prevailing wages. CONTRACTOR stipulates that it shall comply with all applicable wage and hour laws, including without limitation, California Labor Code §§ 1776 and 1810-1815. Failure to so comply shall constitute a default under this Contract. Further, all public works projects valued at $30,000 or more must include an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors on a public works project, even if their part of the project is less than $30,000. CONTRACTOR and its Subcontractors shall pay to persons performing labor in and about the project provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. The prevailing wage rates are available online at hllp://www.dir.ca. ovg /dlsr. CONTRACTOR shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. CONTRACTOR shall insert in every subcontract or other arrangement which CONTRACTOR may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code. CONTRACTOR and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement. Page 2 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 CONTRACTOR and its Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776. With each application for payment, CONTRACTOR shall also deliver certified payrolls directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. CONTRACTOR shall indemnify, hold harmless and defend (with counsel reasonably acceptable to CITY) CITY against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations in connection with execution of the improvements or any other work undertaken or in connection with the Public Works project. 5. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 6. FANHLIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at Page 3 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 CONTRACTOR's own risk until written instructions are received from CITY. C. CONTRACTOR represents that the CONTRACTOR agrees to comply with all applicable federal and state workplace and employment laws including those that relate to minimum hours and wages, occupational health and safety, workers compensation insurance and state, county and local orders. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits combined single) $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AXH." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and Page 4 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONTRACTOR for CITY. F. COVID-19. CONTRACTOR shall ensure its insurance coverages cover claims and/or losses related to the COVID-19 pandemic to the extent such insurance coverage is available. If such insurance is unavailable, but becomes available during the life of the contract, CONTRACTOR shall procure a policy and name the City as additionally insured. G. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalt3L H. Should Contractor's insurance reauired by this Agreement be cancelled at an point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 9. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Page 5 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 10. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: AMERICAN HERITAGE LANDSCAPE, LP ATTN: DAVID PRICE 7013 OWENSMOUTH AVE CANOGA PARK, CA 91303 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any Page 6 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 other term, covenant, or condition contained in this Agreement, whether of the same or different character, nor will it be deemed to constitute a continuing waiver. 15. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit " A-B " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 24. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 25. COVID-19. Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles ("County") issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the "County Order"). In no event shall CONTRACTOR be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control. CONTRACTOR's safety and logistics plans prepared in connection with this Contract specifically takes into account the COVID-19 Pandemic, the County Order, and all other governmental requirements or regulations regarding COVID-19 as of the date of the Contract, including without limitation all safety measures required. 26. SAFETY OF PERSONS AND PROPERTY. CONTRACTOR shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss, including without limitation the County Order and all other governmental requirements or regulations regarding COVID-19, all as may be amended from time to time. 27. ELECTRONIC TRANSNHSSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) Page 8 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of 5/25/2022 FOR CONTRACTOR: IF CORPORATION: FDocuSigned by: ocuSigned by: By. L By:5i'. W 2344D72101A04C4... 8EF1D32ACKD4C8... David Price CFO Jim Maddox General Counsel Print Name & Title Date: 5/19/2022 FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER (-�DOCUSIgned by: By: rau7& 01'�t'h Date: 5/25/2022 APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY FDOCUSIgned by: By: L h, NlAIAA3 g ttomvy . Date: 5/25/2022 Print Name & Title Date: 5/19/2022 Page 9 of 9 OAK #4870-2413-1084 v1 DocuSign Envelope ID: 52E99994-40DO-44ED-88AE-C80947284410 ACOR" CERTIFICATE OF LIABILITY INSURANCE 4/1/2023 DATE (MM/DDIYYYY) 3/31/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC License #OF 15767 4275 Executive Square, Suite 600 La Jolla CA 92037 CONTACT NAME: PHONE FAX Ext : A/c No E-MAILo ADDRESS. (858) 587-3100 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Transportation Insurance Company 20494 INSURED American Heritage Landscape, LP 1338589 dba: American Landscape Management INSURER B : The Continental Insurance Company 35289 INSURER C : Great American Insurance Company 16691 INSURER D : Everest National Insurance Company 10120 dba: Custom Lawn Services 7013 Owensmouth Ave INSURER E: Indian Harbor Insurance Company 36940 Canoga Park CA 91303 INSURER F COVERAGES AWHE08 CERTIFICATE NUMBER: 11193901 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY y N 4022978129 4/1/2022 4/1/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1XI OCCUR DAMAGE TO PREMISES(E. occurrDence)$ 500,000 X MED EXP (Any one person) $ 5,000 10,000 Ded. PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I JE � I x I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: $ AUTOMOBILE LIABILITY y N 5091505672 4/1/2022 4/1/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXX X PROPERTY DAMAGE Per accident $ XXXXXXX HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Coll Ded. $ 1,000 X Com . Ded. $ 00 C X UMBRELLA LIAB X OCCUR N N TUE033265813 4/1/2022 4/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N ❑ (Mandatory in NH) N / A y CA10002691-221 4/1/2022 4/1/2023 PER OTH- X I STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Pollution Legal Liability N N PECO05625102 4/1/2022 4/1/2023 $2,000,000 Job Site/$2M Agg., $2,000,000 Transportation Limit/$2M Agg., $10,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All California Operations. The City of Santa Clarita, its respective elected and appointed boards, officials, officers, agents, employees and volunteers are included as additional insureds under the general and auto liability coverage as required by contract with the named insured with respect to liability arising out of the operations performed by the named insured as respects the operations of the named insured. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. waiver of Subrogation applies per attached endorsement(s) or policy language. CERTIFICATE HOLDER CANCELLATION See Attachments 11193901 City of Santa Clarlta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Landscape Maintenance Districts p 23920 Valencia Blvd., Suite 260 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Valencia CA 91355 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © fM8 2015 ACORD CORPOkAT(ON. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Named Insured Continued dba Heritage Landscape dba American Wholesale Nurseries Owensmouth Partners, LLC, a California Limited Liability Company Bennett Road Partners LLC dba Custom Lawn Services dba American Landscape Management dba American Heritage Growers American Heritage Landscape LP 401 K Plan Price AHL, Inc. Price Landscape Development, LP Price LD, Inc. Attachment Code: D463997 Master ID: 1338589, Certificate ID: 11193901 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coveraae Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 1001 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 4022978129 Page 1 of 2 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 4/1/2022 Insured Name: AMERICAN HERITAGE LANDSCAPE, LP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Aachinent Code: D463998 Cerificate ID: 11193901 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 2 of 2 TRANSPORTATION INSURANCE COMPANY Policy No: 4022978129 Endorsement No: 6 Effective Date: 4/1/2022 Insured Name: AMERICAN HERITAGE LANDSCAPE, LP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Attachment Code: D549514 Certificate ID: 11193901 DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: American Heritage Landscape, LP Endorsement Effective Date: 5/29/2018 SCHEDULE Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Attachment Code: D464002 Certificate ID: 11193901 Policy Number: CA10002691-221 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED ALL OPERATIONS. INSURED HAS AGREED BY WRITTEN CONTRACT TO FINISH THIS WAIVER. 1998 by the Worker's Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Worker's Compensation Insurance Forms Manual - 1999. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 EXHIBIT A 1. GENERAL REQUIREMENTS 1.01 The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies for the all inclusive labor and equipment under the terms of this Request for Proposal (RFP), to provide for the maintenance services of designated landscaped areas within the boundaries of LIVID Zone 27 Circle J Ranch and may include other nearby areas within the City of Santa Clarita. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills, i.e. Irrigation Specialists, Irrigation Assistants, Foreman, and Supervisors required executing the landscape maintenance as set forth in these all-inclusive labor and equipment specifications. The Contractor will be expected to uphold the highest standards of quality and performance in maintenance of plant material, natural areas, hardscape, and irrigation systems. Maintenance of landscape shall include, but not be limited to: mowing, trimming, edging, hand pruning, fertilization, brush clearance, application of pre -emergent herbicides, weed control, minor tree lifting, dead plant removal , plant replacements, and cleanup/clearing of drainage systems. All mulch provided by the City will be disbursed by the contractor on site to control weed growth. It is the intent of these specifications to provide plant material maintenance methods to keep all areas weed free, trash free, and in an overall state of good health. The Landscape Maintenance District (LIVID) covered by this Agreement shall be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry standards and all work shall be performed in a professional manner using quality equipment and materials. The manpower required to provide the expected level of services indicated in these specifications shall be supplied at all times. In the event seasonal and/or unforeseen circumstances warrant additional personnel to maintain said specifications, the contractor shall provide additional resources at no additional cost. 1.02 City of Santa Clarita Landscape Maintenance District (LIVID) administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager or the Deputy City Manager or his qualified representative, shall herein be described as 'Special Districts.' 1.03 Contractor shall under the terms of this agreement provide the labor, materials, and equipment necessary for the provision of grounds, irrigation and landscape maintenance services. The landscape areas include: irrigated and landscaped areas; fire protection slopes and natural areas, shrubs, trees, ground cover and turf which may be irrigated by electrically controlled automatic or manual systems. All locations shall be maintained with nothing but the highest of industry standards at no less than the frequencies provided in the proposal submission by Contractor. 1.04 Contractor must provide all inclusive labor and equipment for landscape, grounds and irrigation maintenance services including, but not limited to: a. Maintenance of turf areas; b. 85% hand pruning and 15% mechanical; PROPOSAL # LMD-18-19-13 12 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 c. Fertilization; d. Aeration e. Verticutting f. Over -seeding g. Top dressing; h. Irrigation; minor and major repairs, see sections 17.01g and 22.01 thru 22.09; i. Hand watering (as necessary); j. Bleeding of valves necessary during emergencies when automatic systems are not functioning properly; k. Pruning of shrubs and trees (first 12' of trees and as agreed); I. Trimming of turf, shrub areas, and ground cover; m. Edging turf and keeping minimum 18" clearance from fence lines behind homes; n. Disease control; o. Pest control; p. Tree maintenance; (first 12' of trees and as agreed) structural pruning per ANSI Best Management Practices; q. Inspection, maintenance and repairs of irrigation systems; r. Mulching (City provided mulch); will be disbursed by the contractor at their expense; s. Manual weed abatement; t. Chemical weed control; u. Maintenance of fire protection/fuel modification areas; v. Marking underground irrigation lines and other LIVID equipment upon Dig Alert notification and/or other requests; w. Artificial turf maintenance; x. Traffic control (per Watch Manual) while working in the public right of way, medians, and parkways; y. Litter pickup, doggie litter removal, trash bags removed and replaced from receptacles (City provided dog waste bags and trash bags — when trash bags are not provided they are reimbursable at cost +15%); z. Dedicated full-time Irrigation Specialist, As -Needed Irrigation Assistant, Laborers and Foreman as proposed and/or as required. aa. Hardscape Maintenance (i.e.: sweeping or blowing down concrete, gum and litter removal, crack and/or gutter weed abatement, and removal of weeds within 18" of a fence or wall); Provided in Attachments Al & A2 are examples of Maintenance Program Guides. They are to serve as a guideline for proposal purposes only. The contractor shall submit within their proposal a PROPOSAL # LMD-18-19-13 13 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 "Team Composition" and "Rotation Schedule" that will serve as the expected miminum monthly requirements. The minimum is only acceptable once all field conditions reflect the expectations of the specifications herein. The contractor is expected to supply sufficient resources at all times to meet or exceed expectations. 1.05 Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may cause unsafe working conditions or destroy/damage turf and planted areas. The contractor may work on alternative tasks or locations within the zone as approved by Special Disricts. 1.06 Contractor recognizes that during the course of this Agreement other activities and operations may be conducted by alternative contracted parties. These activities may include, but are not limited to: a. Landscape refurbishment; tree, shrub, and ground cover installation; b. Irrigation system refurbishment and/or repair; c. Construction and/or storm related operations; d. Emergency response operations; e. Electrical repairs; f. Tree Trimming / Tree planting / Tree counting; g. Concrete removal and replacement, block wall and brick repairs; h. Fence installation and repairs, wood, vinyl, and Crete Rrail; i. Artificial turf installation; j. Integrated pest management / Chemical applications to trees; k. Streetscape furniture cleaning and pressure washing of walkways and appurtenances. I. Turf removal At the discretion of LIVID, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract. 1.07 When notified of a landscape or irrigation emergency during the hours and days of maintenance service as identified in Section 10, the contractor shall respond by phone and/or text message to the Landscape Maintenance District Monitor and/or Special Districts Office within fifteen (15) minutes of notification. When notified of an emergency outside of the normal hours and days of maintenance service, the contractor has thirty minutes to respond by phone or text to the Landscape Maintenance District Monitor and/or Special Districts. If personnel and equipment are necessary for the emergency, the contractor must have these resources available within 2 hours. Upon arriving at an emergency situation, it shall be the responsibility of the contractor to eliminate all unsafe conditions which would adversely affect the health, safety, or welfare of the public. See section 11 for consequences for failure to comply. 1.08 Contractor shall clearly identify and equip each vehicle used within the City of Santa Clarita with decals on the exterior right and left front door panels identifying the Contractor's PROPOSAL # LMD-18-19-13 14 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 name, and phone number. Contractor shall require each employee to adhere to basic public works standards of working attire. Uniforms (matching pants and shirts), proper shoes, safety vests and other gear required by State Safety Regulations (OSHA) shall be properly exhibited. Shirts shall be buttoned and worn at all times. 1.09 Contractor and employees shall at all times dress in a company uniform that identifies their employer and exhibit good customer service to City staff, City contracted staff, residents, and the general public throughout the term of this contract. All communication will be professional in manner between all parties. The City will employ consulting Landscape Maintenance Monitors. These consultant monitors will be treated the same as other Special District staff. Failure to properly and respectfully communicate may be cause for contract termination. 1.10 The contractor is required to have a minimum of five (5) years' experience in the landscape maintenance field. The contractor is required to have experience with maintaining areas of twenty (20) acres or larger and median/parkway maintenance a minimum of two (2) linear miles or larger. Vendor is to provide a minimum of three (3) references with a similar scope & type of work within the proposal response. 1.11 Contractor's employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of WeatherTrak and Calsense irrigation control systems, and all other corresponding equipment. Should Special Districts choose a different controller manufacturer, the contractor shall make available employees or representatives for product training at no additional cost to City. 1.12 Contractor shall provide cellular communication to each crew foreman and have the ability to connect to City Monitors and Special Districts representatives. 1.13 The contractor, and/or subcontractors, must possess the following licenses at time of proposal submission; C-27 California Landscaping Contractor License. The contractor or subcontractor must identify a staff member certified or licensed as a qualified applicator through the California Department of Pesticide Regulation. The contractor shall (when required) have an Arborist identified by the International Society of Arboriculture (ISA)/ or have a contract with a Certified Arborist on a need basis. The Contractor must submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission. 1.14 The contractor will be required to obtain and pay for any permits that may be required for the performance of any tasks under this contract with the exception of oak tree permits. 1.15 Contractor and employees are required to complete and pass, by start date of contract, a SCRRA Third Party Construction and Utility Workers Safety Training Program if the LIVID Zone up for proposal includes a SCRRA right of way. 2. LANDSCAPED AREAS TO BE MAINTAINED 2.01 The LIVID areas to be maintained under the provisions of this Agreement are specifically PROPOSAL # LMD-18-19-13 15 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 identified in Attachments C & D (Inventory Lists and Area Maps). 2.02 Contractor must acknowledge personal inspection of the Zone's irrigation system and planted areas. Contractor must also evaluate the extent which the physical condition thereof will affect the services to be provided. Contractor accepts the premises in their present physical condition, and agrees to make no demands upon LIVID for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LIVID areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or alteration. 2.03 Estimated square footages are provided by LIVID for all areas to be maintained on the attached Attachment C (Inventory Lists). However, these estimates are for reference only and it is the responsibility of Contractor to verify by inspection and observe the various areas' characteristics. 3. CERTIFICATIONS/REPORTS/RECORDS 3.01 Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing Wage Certification Report which shall be made available to LIVID upon request. Contractor shall provide the required information in a form acceptable to Special Districts. The City is requesting that one monthly bill be submitted by the contractor to Special Districts for the maintenance. 3.02 Maintenance Function Report: Contractor shall maintain and keep current a report that records when all Periodic, Seasonal, and Additional Work maintenance functions performed by Contractor's personnel were completed. Said report shall be in a form and content acceptable to Special Districts and will be made available to Special Districts upon request. The monthly payment may not be made if such report is requested and not made available or is in a form that is unacceptable to Special Districts. 3.03 Certification of Specialty Type Maintenance: When applicable, Contractor shall include with the monthly invoice those specialty type maintenance items completed. The following information shall include but not be limited to: a. Quantity and complete description of all commercial and organic fertilizer(s) used. b. Quantity and label description of all grass seed used. c. Quantity and complete description of all soil amendments used. d. A valid licensed California Pest Control Advisor's recommendations and copies of corresponding Agricultural Commissioners Pesticide Use Reports signed by a licensed California Pest Control Operator for all chemical, disease and pest control work performed. The report shall be accompanied by a listing of each material used, quantity used, and the location of use, the date used, the applicators name and the license number. 3.04 Company Financial Records: The contractor may be required to supply the City with their financial records through a reputable independent auditor, such as Dunn & Bradstreet. 3.05 Violation Records: The awarded contractor shall not have two (2) or more Cal -OSHA PROPOSAL # LMD-18-19-13 16 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 sustained complaints or four (4) or more California State Contractor Board sustained complaints within the past four (4) years. A proposal response from the awarded vendor that does not meet these requirements may be considered a non -responsive proposal, and the City of Santa Clarita will proceed to the next qualified bidder. Please supply this information on Exhibit C (Violation Records). 4. ADDITIONAL WORK 4.01 Special Districts may arrange for additional Contractor personnel to cover additional work needed due to extraordinary incidents such as vandalism, Acts of Nature or third party negligence for which Contractor will be compensated. Regularly occurring "bad weather" is not considered an Act of Nature for the purposes of this contract. 4.02 Prior to performing any extra work, Contractor shall prepare and submit a written description of the work with an estimate including the hours and skill level of labor and a list of materials. This written description and estimate (or proposal) shall be provided within 72 hours of request. No work shall commence without the written authorization from Special Districts. Costs for additional work shall not exceed the labor rate identified on the Additional Pricing Sheet #1. For material it shall be Contractor's cost plus no more than 15%. The contractor will maintain and submit copies of invoices to demonstrate the contractors cost. 4.03 When a condition exists wherein there is imminent danger of injury to the public or damage to property, Special Districts may verbally authorize the work to be performed upon receiving a verbal estimate from Contractor. However, within 24 hours after receiving such verbal authorization, Contractor shall submit a proposal to be approved by Special Districts. 4.04 All extra work shall commence on the specified date established, and Contractor shall proceed diligently to complete said work within the time allotted. All invoices submitted by Contractor for extra work shall include a detailed itemization of labor and/or materials and specific zone(s) identified. All invoices for extra work and items must be submitted biweekly to Special Districts. 5. CONTRACTOR'S LIABILITIES 5.01 All damages resulting from Contractor's operation within the LIVID areas shall be repaired or replaced at Contractor's expense within 48 hours. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced prior to the next regularly scheduled watering event or as agreed upon with Special Districts. b. All damages to shrubs, trees, or ground cover shall be repaired or replaced within five (5) working days or sooner as directed by Special Districts. c. All concrete walkway, block walls, light poles, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LIVID staff. PROPOSAL # LMD-18-19-13 17 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss of a tree, the damaged tree shall be removed and replaced at Contractor's expense to comply with the specific instructions of Special Districts. b. Shrubs Minor damage may be corrected by appropriate pruning as required in Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 "Shrub and Ground Cover Care" of the Specifications. c. Chemicals Any damage resulting from chemical operations, either spray -drift or lateral -leaching shall be corrected in accordance with the aforementioned maintenance practices. Any soil damaged from chemical application shall be reconditioned or replaced. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise, Special Districts will interpret this Agreement. If the Contractor disagrees with the interpretation of Special Districts, Contractor shall continue with the work in accordance with Special District's interpretation. Within 30 days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by Special Districts and will be composed of not less than three (3) Qualified personnel or representatives having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to Special Districts for consideration, within one (1) week following the conclusion of the hearing. Special Districts shall render an interpretation based upon review of the Panel's recommendation. Special Districts' decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 Contractor shall at all times, have some responsible person(s) employed bythe Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Homeowners Associations, property owners, and tenants within said LIVID or from Special Districts personnel, representatives or patrons using the facility. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. Neither answering machines nor voicemail are acceptable. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll -free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, Contractor's Foreman or an employee of Contractor, at the supervisory level, who is responsible for providing maintenance services, PROPOSAL # LMD-18-19-13 18 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 shall be available for notification by telephone or text communication. 7.02 Whenever immediate action is required to prevent impending injury, death, or property damage to the LIVID being maintained, Special Districts may authorize such action to be taken by a third -party work force and shall charge the cost thereof as determined by the Administrator, against the Contractor, or may deduct such cost from an amount due to Contractor from Special Districts. 7.03 Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be available for inspection by Special Districts at all reasonable times. 7.04 All complaints shall be addressed as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of Special Districts. If any complaint is not resolved within 24 hours, Special Districts shall be notified immediately of the reason for not resolving the complaint followed by a written report to Special Districts within five (5) days. If the complaints are not resolved within the time specified or to the satisfaction of Special Districts, Special Districts may correct the specific complaint and the total cost incurred will be deducted from the payments owing to the Contractor from Special Districts. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all California Landscape Industry Standards for safe practices during the maintenance operation for medians and parkways and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, City, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL-O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at the LMD areas covered by this Agreement and keep a log indicating date inspected and action taken. 8.02 It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the LIVID premises unsafe, as well as any unsafe practices occurring thereon. Special Districts shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including, but not limited to: a. filling holes in turf, planting areas, and paving; b. using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards; c. replace valve box covers so as to protect members of the public or others from injury. During hours of operations, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises. PROPOSAL # LMD-18-19-13 19 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to Special Districts within five (5) days following the occurrence. 8.03 Under the circumstance that landscape maintenance work be performed in a Caltrans right of way; including but not limited to freeway onramps and offramps; the contractor shall adhere to the safety requirements in the Caltrans Maintenance Manual/Protection of Workers. 9. HOURS AND DAYS OF MAINTENANCE SERVICES 9.01 The hours of maintenance service shall occur Monday thru Friday between 7:00 a.m. to 5:00 p.m. Overtime rates will only apply to work performed outside these hours of maintenance service or completed on a day specified in (Attachment E) "2018 Holiday Schedule". This applies to all future Holiday Schedules. A work schedule shall be provided and approved in advance by Special Districts. No work will be performed on City Legal Holidays (Attachment E) unless authorized by Special Districts Administration in advance. Blowers, lawnmowers, chainsaws or other mechanical equipment with a decibel level above 65 decibels may not be used before 7:00 a.m. within the City of Santa Clarita. 9.02 Contractor shall provide on -site staffing to perform the required maintenance to meet required California Industry Standards anytime between Monday through Friday. However, if the contractor can accomplish the same work within a shorter service schedule, then the Special Districts Division can modify their maintenance schedule. Alternate days or any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Special Districts Division. 10. MAINTENANCE SCHEDULES 10.01 Contractor shall submit a work schedule prior to start of contract. Though a work schedule is requested as part of the response file for the contractor proposal, any modifications or changes must be agreed to prior to start of a contract. Said work schedule shall be set on a monthly rotational basis, identifying and delineating the time frames for the required functions by the day of the week and time of day. Work schedules shall be reviewed and approved by LIVID Staff following submittal. City, at its discretion, may impose liquidated damages for each subsequent day the Contractor is delinquent in delivering said work schedule to the Special Districts Office. 10.02 Contractor shall submit revised schedules when actual performance differs substantially from planned performance. The Contractor is provided the opportunity and procedure for adjusting scheduling requirements. The Contractor has also been provided the opportunity and procedure for adjusting schedules to meet special circumstances and inclement weather. Said revisions shall be submitted to Special Districts for review and approval within three (3) working days prior to scheduled time of work. A written copy of the current City approved schedule must be kept in the site foreman's vehicle at all times and be available upon request of City Staff or the City's contracted Landscape Monitor. 10.03 Contractor shall notify Special Districts, in writing, at least one (1) week prior to the date and time of all the following maintenance operations: PROPOSAL # LMD-18-19-13 20 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 a. Fertilization; b. Turf Aerification; c. Turf Renovation/Verticutting; b. Micro-Nutrients/Soil Amendments; c. Spraying of Trees, Shrubs or Turf; d. Aesthetic/Structural Tree and Shrub Pruning; e. Preventative disease control; f. Transplanting of small and medium sized plants; g. Lane closures notification for median or parkway maintenance is required; h. Fire protection of the natural slopes area maintenance. (Contractor at his cost shall be responsibile for all inclusive weed abatement as specified in Section 20.) i. Other Items as Determined by Special Districts 10.04 Failure to complete the work as scheduled or as specified herein may result in the following actions: a. A sum of up to five hundred dollars ($500.00) per day will be deducted and forfeited from payment to the Contractor for each instance where an item of work is not completed in accordance with the schedule or any portion of the specifications herein. b. Deficiencies: An additional amount equal to the cost incurred by completion of the work by an alternate source, whether it be City forces or separate private contractor, even if it exceeds the contract unit price, will be deducted from the Contractor's invoice. c. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the actual work performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to the schedule or specifications. 11. CONTRACTOR'S STAFF 11.01 Contractor shall provide sufficient number of personnel to satisfy daily and/or weekly requirements for high quality landscape maintenance. Contractor's staff MUST be employees of the contractor except subcontractors identified in the response to this proposal. Contractor must perform all work in accordance with the specifications set forth herein. Contractor's employees, whether assigned to any one Zone or as part of a crew serving any number of Zones shall include at least one individual crew foreman who speaks and comprehends the English language. 11.02 Special Districts may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of Special Districts Staff, detrimental to the interest of the public using the premises, Contractor shall meet with representatives of Special Districts to consider the appropriate course of action with respect PROPOSAL # LMD-18-19-13 21 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 to such matter and Contractor shall take reasonable measures under the circumstances to assure Special Districts that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the LIVID covered under this Agreement. 11.03 LIVID staff reserves the right to require the Contractor provide alternate staff members to supplement and/or replace staff that is determined to be performing below the expectations of LIVID. The City of Santa Clarita will maintain sole authority of determining if and when a staff members' performance falls below these standards. The request for replacement from City staff is not limited to field crewmembers but also extends to management, supervisors, and specialized staff. Upon request, the contractor shall provide appropriately qualified alternatives for selection by LIVID staff as necessary. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefore is obtained from LIVID Special Districts. 13. UTILITIES 13.01 Special Districts shall pay for all utilities associated with the maintenance of the LMDs. However, water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by Special Districts. Contractor will be required to manage the scheduling of the controllers. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. These activities may include, but are not limited to watering during a rain storm and/or watering the day after rain and/or watering during a special event. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess to be deducted from payments to Contractor from Special Districts will be presented to Contractor by Special Districts prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the LIVID areas covered under this Agreement, and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. USE OF CHEMICALS 15.01 The application of chemicals such as herbicides and pre -emergent will be at the contractor's expense inclusive of this contract. The City of Santa Clarita will pay the contractor's price for the chemicals plus no more than a 15% mark up. All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws and will be accomplished by a Certified Applicator under the direction of a Licensed Pest Advisor. Contractor, in complying with the California Food and Agricultural Code, shall provide a copy of a valid Pest Control Operator's License and valid Pest Control Advisor's License, or a copy of said licenses from a sub -contractor to Special Districts prior to using chemicals within the area. PROPOSAL # LMD-18-19-13 22 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 15.02 A listing of proposed chemicals to be used including; commercial name, application rates, and type of usage shall be submitted to Special Districts for approval. The listing will be accompanied by copies of Material Data Sheets (MDS) for all chemicals that may be used in binder or booklet form. No work shall begin until written approval of use is obtained from Special Districts. The contractor shall consider the effects chemical application has on the environment. The contractor shall use the least toxic chemicals in the lowest quantity that will be effective in achieving the needed result. 15.03 Chemicals shall only be applied by those persons possessing the training in chemical application or a valid California Applicator's Certificate. Application shall be in strict accordance with all governing regulations. 15.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. Contractor shall provide a chemical use report and a copy of the PCA recommendation to Special Districts for each application (site specific) made during each month. This shall be in addition to the copy of the usage summary that is provided to the Agricultural Commissioner. 15.05 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained with a copy to Special Districts. 15.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 15.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. 16. STORAGE FACILITIES 16.01 Special Districts shall not provide any storage facilities for the Contractor. Any Contractors storage facilities must be located outside of the boundaries of the Zone for which landscape maintenance services are performed, unless Special Districts determines it would be in the best interests of Special Districts to waive this restriction. 17. TURF CARE 17.01 Contractor shall perform the following services under the terms of this agreement; a. Mowing: Turf to be mowed by a separate mow crew (not to include regular crew member hours). Adequately sharpened rotary or reel type mower equipped with rollers must be used, to ensure a smooth surface appearance without scalping. (1) All warm season grasses (Bermuda and St. Augustine) to be cut at % inch through 1 inch height throughout the year. Subject to change. PROPOSAL # LMD-18-19-13 23 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 (2) All cool season grasses (Blue Grass and Fescues) to be cut at 1 % inch and 2 % inches during April through November, and at 2 inches during December to March of each year. Subject to change. (3) The mowing heights may be adjusted by Special Districts during periods of renovation. (4) Unless mulching mowers are used; all grass clippings will be collected and removed from the site on the same day the area is mowed. All clipping removed to be properly disposed of in green waste containers only. (5) A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during Summer and once every two weeks during Winter. This schedule will be submitted to Special Districts for approval. Frequency may be adjusted at Special District's discretion. Refer to items 1 and 2 in this section for turf length ranges. (6) Any staining of pathways from mowing operations will be removed the same day. b. Edging: With each mowing, the edge of the grass along sidewalks, curbs, shrub, flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 14 to 24 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be maintained at all times and concurrent with each mowing. (1) The edge of the turf shall be trimmed around valve boxes, meter boxes, backflow devices, or any structures located within the turf areas. (2) All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. (3) All clippings shall be removed from site the same day area is edged. (4) After mowing and edging is completed, all adjacent walkways are to be swept clean by power blower or broom. (5) Newly planted trees in lawn areas shall have tree guards installed if necessary to avoid damage. (6) Trees in lawn areas shall have a minimum of 14 to 24 inches mulched clearance where applicable. c. Weed Control: Control turf weeds as needed manually or chemically. Hand removal of noxious weeds or grasses will be required as necessary. All mulch brought in by the LMD will be disbursed by the contractor on site to control weed growth. d. Insect/Disease Control: Eliminate all insect or disease affecting turf areas as they occur. e. Aerating: Aerate all turf areas two (2) times annually, once in the spring and once in the fall prior to the over -seeding operations. Aerate all turf by using %-inch tines, PROPOSAL # LMD-18-19-13 24 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 removing 2-inch cores of soil with an aerator machine at not more than 6-inch spacing once over. Special Districts is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal: Verticut all turf areas two (2) times annually, once in the spring and once in the fall prior to the over -seeding operations. Equipment will consist of standard renovating or vertical mowing types. Special Districts is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation: Irrigation, including hand watering and bleeding of valves during an emergency situation as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Special Districts with a written winter and summer irrigation schedule in accordance with the recommendations on Attachment A & Section 24 (Irrigation Program) provided for this purpose. Special Districts shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff, and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation will be discontinued. No watering medians in windy conditions, to avoid drift and wetting vehicles. (2) In areas where wind creates problems of spraying water into private property or road right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) Contractor shall be responsible for monitoring all irrigation systems within the jurisdiction of this Specification and execute corrective actions for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. All water supply infrastructure, including the meter and backflow, shall be monitored for proper function and flow. Any and all issues that may arise pertaining to the water supply infrasture, regardless of responsibility for repairs, shall be immediately reported by the contractor to City staff. (4) Check systems, as needed, for optimum performance and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the LIVID areas covered under this Agreement. (5) All controllers shall be adjusted as needed for optimum performance considering the water requirements of each remote control valve (sprinkler station). "Smart" or "weather based" controllers shall be PROPOSAL # LMD-18-19-13 25 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 configured to water in the "optimized" or "automatic scheduling engine" when available. Plant establishment periods do not apply to this requirement and should be scheduled accordingly. Contractor is responsible for adjusting the controller parameters/attributes in order to irrigate efficiently and each valve shall be customized for the needs of the plant material. Excessive watering or excessive runoff shall not be permitted. (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) Contractor shall observe and note any deficiencies occurring from the original design and review these findings with Special Districts, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from Special Districts of such a deficiency. (9) A soil probe shall be used to a depth of 12 inches to determine the water penetration by random testing of the root zones (10) Contractor will provide their own irrigation receiver/transmitter for control of the WeatherTrak or other controllers not listed in the event they are unable to utilize the manufacturer's mobile phone application. The use this device is required during inspections to verify that irrigation systems are functioning properly. The bleeding of valves and hand watering are to be limited to emergency situations or when automatic systems are not functioning properly. (See also Section 24.) h. Fertilization: Turf shall be fertilized with a turf type commercial fertilizer at a minimum of four (4) times a year. (Attachment A.) All fertilizer used shall be granular. Fertilizer type can be suggested by Contractor, determined by soil analysis or at the direction of Special Districts. All turf areas fertilized shall be thoroughly irrigated immediately following fertilization. Fertilizer applications must be approved by Special Districts prior to application. The City of Santa Clarita will pay the contractors price for the fertilizer plus no more than a 15% mark up. The contractor shall provide the labor to apply the fertilizer. Turf Reseeding: Contractor may upon direction by Special districts be required twice each year, once in the fall and once in the spring, overseed all turf areas after verticutting (dethatching), aerification and overseed all bare spots, as needed, throughout the remainder of the year to re-establish turf to an acceptable quality. (Attachment A) Contractor shall reseed turf areas in the following sequence; they will aerify, verticut, seed and top dress (evenly distributed over the entire area at a uniform depth of %-inch). Special Districts may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation, (extra) for the cost of the sod only, provided that the loss of turf was not due to the negligence of Contractor. Over seeding shall be sown at a rate of 6 pounds per 1,000 square feet and reseeding PROPOSAL # LMD-18-19-13 26 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 of bare areas shall be sown at a rate 8 pounds per 1,000 square feet. The seed used in over seeding or new turf establishment shall be approved by LIVID staff prior to installation. Typically, Fescue and Fescue blends are required. The City of Santa Clarita will pay the contractors price for the fertilizer plus no more than a 15% mark up. The contractor shall provide the labor to apply the seed. 18. SHRUB AND GROUND COVER CARE 18.01 Contractor shall perform at his sole expense under the terms of this agreement the following services: Pruning: Manually select prune shrubs throughout the year to encourage healthy growth habits, and to encourage growth to the natural shape of the plant according to its species and appearance with the exception of roses, which shall be pruned no later than the end of January. Periodic pruning may be required to maintain consistent size, structure, and/or appearance of large groupings of the same species. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Removal of all clippings will be completed the same day pruning occurs. Pruning will not be completed while plants are flowering, during the emergence of new growth, or when high temperatures are present during the hottest time of the year (typically July -August) unless directed by Special Districts. No balls, squares or unusual shapes are permitted under this RFP. Selective pruning is required following the natural habit of the particular plant. Dead shrubs, not a result of third party negligence, will be removed by contractor at their cost. Shrubs to be pruned to stay below a height that is consistent with specifications or as directed by Special Districts. b. Trimming: The growth of shrubs and ground cover will be restricted to areas behind curbs and walkways, and within planter beds by trimming, as necessary, or upon notice by Special Districts. All trimming practices are subject to change as directed by Special Districts. c. Disease and Insect Control: All LIVID areas are to be maintained free of disease and insects and treated when needed pursuant to Section 21. d. Weed Control: All ground cover and shrub beds are to be kept weed free at all times. Methods for control shall incorporate the following: (1) Mulch application to 3" laver maximum (Removal on an as needed basis of existing/spent mulch may be required to insure the level of grade is kept below surrounding hardscapes and/or at an acceptable height as determined by LIVID staff. Such removal will be considered an extra and will require submittal of a proposal and approval by LIVID staff.) (2) Hand removal (3) Cultivation (4) Chemical eradication using non -residual herbicides PROPOSAL # LMD-18-19-13 27 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 e. Shrub and Ground Cover Replacement: All damaged, diseased (untreatable), or dead shrubs and ground covers whose damage occurred due to natural conditions/causes, will be replaced under the terms of "addtitional work" as described in Section 4 and/or Exhibit 132: Additional Pricing. All shrubs shall be guaranteed to live and remain in healthy condition for no less than ninety (90) days and trees for a period of one (1) year from the date of installation of the plants or trees. f. Fertilization: Application of an LIVID approved fertilizer a minimum of two (2) times per year to provide a healthy color in all plants with foliar feedings. The fertilizer shall be applied once during the months of March or April and once during the months of September or October. Contractor will cultivate around plants as needed. Fertilizer shall be appropriate for plant type and season (time of year) and approved by LIVID staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization. g. Irrigation: Irrigation, including hand watering and manual bleeding of valves, is required in the event of an emergency situation and/or where automatic systems are not functioning as required. Irrigation practices described in Section 23 shall apply to trees, shrubs, turf, and ground cover. h. Diversion requirements: In keeping with State mandated requirements, the LIVID strives to exceed diversion obligations to keep green waste from the landfills. The Contractor shall mulch and use on site 85% of the green waste generated by above referenced zones. Contractor requirements for this program shall include a Vermeer 1500 chipper or equivalent for use on site at a minimum of twice per week. j. Recycling: Recycling of plant debris by composting and/or maintaining a minimum 2- inch layer of mulch under all trees and around all shrubs/groundcover. A minimum 3- inch layer in all open areas is strongly encouraged. Mulch purchased by the LIVID will be disbursed with the above specifications by the contractor who will provide the labor at the contractor's expense. Renovation: Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthyvigorous appearance and growth rate. When ground covers and perennials have grown where they completely fill the space in which they were planted and have started to deteriorate, i.e., less flowering, dying out, smaller plants, they shall be renovated. (Renovation shall include removing said plants, amending the soil, dividing plants as necessary and replanting to maintain a healthy, vigorous appearance and growth rate.) 19. TREE CARE 19.01 Contractor under the terms of this agreement shall perform the following services: a. Tree Maintenance (1) All trees in the Zone, regardless of the overall stature, from the base up to the first twelve (12) feet shall be maintained free of all dead, diseased and damaged branches back to the point of breaking as per contract. PROPOSAL # LMD-18-19-13 28 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Wound dressings are never used on any tree pruning cuts. (2) All sucker growth is to be removed from trees as it occurs. (3) Maintain an 8-foot clearance for branches overhanging walkways and public sidewalks. (4) Report insects and tree diseases to Special Districts Inspector. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees. (6) Tree stakes shall be pentachloraphena treated pole pine, not less than 8 feet in length for 5 gallon size trees and not less than 10 feet for 15 gallon trees sizes (two per tree), no galvanized stakes. (7) Commercially available tree rubber ties are to be used unless there is a need for guy wires. All trees tied in two locations — top and bottom. Stakes will not be placed closer than 12 inches from the top tie on the tree trunk. (8) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. (9) Broken branches are to be removed immediately whether they are in the tree or on the ground. (10) All tree wells in sidewalks within the maintenance areas' boundaries to be kept weed free and mulched where applicable. b. Fertilization: May be required at the direction of Special Disricts to apply fertilizer within drip line at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should, at the direction of LIVID, be a balanced organic 10-6-4 ratio with trace element. Contractor shall provide Special Districts with two (2) weeks notification prior to the fertilizer application. c. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor. d. Tree Replacement: All trees permanently damaged as a result of action or inaction by the contractor will be replaced as provided for under Section 5 with the identical species of tree existing previously, unless otherwise notified in writing by Special Districts. The need for and the size of replacement will be determined by Special Districts at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size. Substitutions will require prior written approval by Special Districts. Original plans and specifications should be consulted to insure correct identification of species. All newly planted trees installed by the Contractor are the responsibility of the Contractor to maintain and guarantee healthy establishment for a period of one (1) year. Any trees installed by others will be the responsibility of the Contractor when special care or accommodations are reauired during the establishment period. e. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by PROPOSAL # LMD-18-19-13 29 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 use of "Maintain," "Floret" or other approved product. Two (2) applications shall be required 7-10 days apart. The first application shall be applied when % to % of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 psi. pressure. The Landscape Maintenance District's Tree Maintenance contractor will provide most of the chemical applications to trees. If the landscape contractor provides this service it will be considered "extra work cost". f. Fireblight Treatment: Preventative Fireblight treatment for Pyrus Kawakamii to consist of spray application between October 1 and mid -November. Post treatment to consist of pruning out dead wood, sterilizing pruning tools after each cut. Preventative Fireblight treatment for Platanus to consist of two applications and possibly a third application, depending on the effectiveness of the previous application. The first application shall occur in February, during the budding stage. The second treatment shall occur in March, during the juvenile growth stage of the leaf. The third application shall occur in April if there is evidence of blight after mature growth of leaf. Materials used shall be of an approved type by the County Agriculture Department. If the landscape contractor provides this service it will be considered "extra work cost". g. Oak Tree Pruning Permit: All cuts over 2 inches in diameter on Oak Trees will be done by the Landscape Maintenance Tree Maintenance contractor. All other cuts on Oak Trees shall be made to ISA standards with an Oak Tree Pruning Permit per City Municipal Code by the landscape contractor or their subcontractor. Special Districts will procure Oak Tree Permits once work is approved. h. Tree Pruning/Trimming: All tree trimming/pruning will be done in accordance with the standards established by the International Society of Arboriculture (ISA) and ANSI 300 Best Management pruning practices. i. Street Tree Wells: Contractor is responsible to keep all tree wells within LIVID areas weed -free and maintain tree well irrigation system in accordance with Section 24 of these Specifications. Mulching of tree wells is required as needed and/or as directed by Special Districts. 20. NATURAL, BRUSHED, MANUFACTURED, HYDROMULCHED SLOPE CARE 20.01 Natural areas or riparian corridor areas in these zones are open space areas that have minimal usage due to the sloping character of the land and/or the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance, according to routine scheduling, consisting of trash, brush or other debris removal. Contractor at his cost will visually inspect these areas throughout the year as scheduled, providing pick up and removal of any debris or trash. 20.02 Contractor at his cost shall be responsible for all inclusive weed abatement, maintaining the brushed slope areas throughout the year in accordance with the below -identified height of weeds, dead wood removal in accordance with the 100' distance from dwellings or structures requirements pursuant to County fire code. Copy of current requirements can be found at https://www.fire.lacounty.gov/. PROPOSAL # LMD-18-19-13 30 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 20.03 These slope areas are hillside areas and are designed to meet the Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched or planted in accordance with applicable County Ordinances. Use of these areas by the residents should be minimal. 20.04 Contractor shall perform, under the terms of this agreement, the following services for the maintenance of the natural slopes, which requires that the weeds and native brush be: (1) Clipped to a height of 2 to 4 inches for a distance of at least 100 feet, and may be up to 200 feet at the request of Special Districts, from a dwelling or structure and all debris removed from the site. (2) Dead wood from woody plants shall be removed and/or trimmed when the area is brushed. May be required at the direction of Special Disricts to apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the LIVID property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. (3) When weeding or brush removal is required, the required weeding shall be completed as soon as possible and shall be completed throughout an LIVID within a maximum period of 30 days. (4) Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. If the Fire Marshall determines additional brushing is necessary the contractor will be paid additional compensation at the rate specified in the form of this RFP. Contractor at his expense shall remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection area twice a year. 20.05 Where reference is made to weeding, brushing, or clearing within 100 feet (but may be up to 200 feet) of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property except where Special Districts has accepted an easement to maintain a portion of the private lot. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. However, Special Districts is responsible for those areas where an easement has been accepted by Special Districts over a portion of a private lot. Consult with Special Districts for any questions regarding these areas. 20.06 The maintenance of the manufactured slopes requires that the planted slopes be weeded PROPOSAL # LMD-18-19-13 31 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 on a regular basis throughout the year. Planted slopes which were not hydroseeded shall be kept weed free at all times and the use of chemicals is permitted. Planted slopes that were hydroseeded require weed removal by hand as the use of chemicals is not permitted. The removal of weeds by hand shall be performed each month from March through November during the term of the maintenance contract. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices or to plant material caused by lack of water. Plants and trees shall be fertilized in accordance with the requirements of Sections 18 and 19 of these Specifications. 21. USE OF INTEGRATED PEST MANAGEMENT (I.P.M.) 21.01 Materials (Biological insects) shall be at Contractor's cost plus no more than 15%, as necessary for integrated pest management (IPM) and contractor at his expense under the terms of this agreement will provide the labor. a. Integrated Pest Management (IPM): Integrated pest management (IPM) is a pest management strategy that focuses on long-term prevention or suppression of pest problems with minimum impact on human health, the environment, and non -target organisms. Preferred pest management techniques include encouraging naturally occurring biological control; using alternate plant species or varieties that resist pests; selecting pesticides with a lower toxicity to humans or non -target organisms; adopting cultivating, pruning, fertilizing, or irrigation practices that reduce pest problems; and changing the habitat to make it incompatible with pest development. Pesticides are used as a last resort when careful monitoring indicates that they are needed according to pre -established guidelines. When treatments are necessary, the least toxic and most target -specific pesticides are chosen. Implementing an integrated pest management program requires a thorough understanding of pests, their life histories, environmental requirements, and natural enemies, as well as establishment of a regular, systematic program for surveying pests, their damage, and other evidence of their presence. IPM has been mandated on Federal property since 1996 by Section 136r_1 of Title 7, United States Code, and is cited in Title 41 of the Code of Federal Regulations (102-74.35) as a required service for agencies subject to the authority of the General Services Administration. The Contractor will develop an IPM program for work covered by this statement of work. b. Chemical Application: All work involving the use of chemicals will be accomplished by a State of California Certified or Licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. c. Permits: All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner's Office and a permit obtained with a copy to Special Districts, prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to Special Districts on a timely basis. PROPOSAL # LMD-18-19-13 32 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 d. Compliance with Regulations: All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. e. Pest Control: Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by Special Districts. Contractor is not responsible for this service. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped to avoid moisture runoff entering the holes by the County Agricultural Department who will provide pest control for Special Districts. This procedure shall be followed in all areas, especially within all slope areas. Contractor is responsible for notifying Special Districts upon detecting a need for rodent control. 22. GENERAL CLEAN-UP 22.01 Contractor shall at his sole expense under the terms of this agreement perform the following services: a. Trash Removal: The contractor shall provide a trash pickup schedule for approval by Special Districts. The contractor shall pick up trash and accumulated debris from the site on a regularly scheduled rotation approved by LIVID staff in advance. b. Curb and Gutter Maintenance: Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints (up to 2' from curb) at all times. c. Fence Clearance: Contractor is responsible for removal of weeds and grass from within 18" of any fence or wall within the areas under Contractor's maintenance at all times. d. Walkway and Crack Maintenance: Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment at a minimum of once per week or as needed. This includes removal of all foreign objects from surfaces such as: (1) Gum, (2) Animal feces, (3) Grease, (4) Paint, (5) Graffiti, (6) Glass and debris All walkway cracks and expansion joints shall be maintained weed and grass free at all times. e. Removal of Leaves: Accumulations of leaves that cannot be incorporated into mulch layers shall be removed and properly disposed of not less than once per week. This includes the accumulation of leaves/debris at the base and lower branch structures of shrubs. PROPOSAL # LMD-18-19-13 33 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Diversion: The Contractor wiII be responsible for creating and implementing a written program to divert a minimum of 85% all green waste from landfills. The program should include, but not be limited to, mulching and composting. The contractor shall report the total tons of green waste generated and the number of tons diverted from the landfill annually to the City's Environmental Services Office. The goal will be at least 85% diversion. Drainage Systems & Maintenance: The following services shall be provided by Contractor at their expense per Contract Agreement except as otherwise provided for: (1) All drains and catch basins shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LIVID are functioning properly at all times (2) All LIVID area surface drains ("V" ditches), shall be kept clear of debris at all times so that water will have an unimpeded passage to its outlet. Contractor will not flush dirt or debris into the storm drain system per the City's National Pollutant Discharge Elimination System (N.P.D.E.S.) permit. All debris will be collected and disposed of properly. (3) All LIVID area sub -surface drains (except storm drains), shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub- surface drains shall be kept clear of leaves, paper, and other debris to ensure unimpeded passage of water. Every attempt will be made to prevent debris from continuing into the City's Storm Drain system including the use of sand bags, straw bales or other Best Management Practices (B.M.Ps) (4) If the sub -surface drainage backs up or is blocked due to lack of periodic flushing of silt and debris as stated above, the contractor shall be responsible at their cost for plumbing services to clear the drain. (5) Disposal of green waste or other debris into catch basins, drains or Storm Drains is prohibited. Such action could result in termination of maintenance contract. 23. MAINTENANCE INSPECTIONS 23.01 The Contractor shall perform a maintenance inspection of all facilities on a weekly basis within the LIVID during daylight hours. Such inspections shall be both visual and operational. The operational inspection shall include operation of all sprinklers, lighting and other mechanical systems to check for proper operational condition and reliability. Contractor is required to input non -contractual service request information into the City's "Resident Service Center" at: http://user.govoutreach.com/santaclarita/fag.php 23.02 The Contractor shall be expected to meet on site with an authorized representative of Special Districts for a walk-through inspection. Said meeting shall be at the convenience of Special Districts and may include residents of the community. Special Districts may notify the appropriate local representatives of the time and place of each walk-through inspection at a minimum of one PROPOSAL # LMD-18-19-13 34 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 (1) week prior to the date of inspection. In addition, bi-weekly interim inspections may be made by Special Districts if deemed necessary by LIVID Staff. 24. WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR 24.01 All irrigation systems within the LIVID areas designated in these specifications will be repaired and maintained as required for operation by the Contractor. Irrigation repairs, (not to include programming) are considered to be additional work or "extras". For all irrigation repairs, including main lines, all irrigation parts will be reimbursed at no more than a 15% mark up over the contractor's cost. The Contractor must provide invoices upon request of Special District Staff. Failure to provide copies of invoices may result in delay of payments to Contractor. The contractor shall adhere to the Irrigation Association, Best Management Practices (BMP'S) at: http://www.irrigation.org/uploaded Files/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf a. Scope of Responsibility: The contractor shall maintain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of: (1) Irrigation Programming (2) Irrigation Station Identification/Location (3) Irrigation Heads (4) Remote Control Valves (5) Flow Sensors (6) Flow Sensor Programming (7) PVC Piping (Including mainline and laterals) (8) Quick Couplers (9) Risers (10) Swing Joints (11) Check Valves (12) Irrigation Booster Pumps (13) Solar Controllers/Valves (14) Battery Operated Controllers/Valves (15) Valve Boxes, Quick Coupler Boxes, Etc. (16) Irrigation Controller Programming and Setup b. Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. c. Extent of Responsibility: Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as PROPOSAL # LMD-18-19-13 35 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 required to sustain and prevent loss of turf, trees, annuals, perennial plants, and ground covers or when automatic systems are not functioning properly. d. Ordinances: All materials and workmanship will be in accordance with the applicable City Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. e. Controllers: The contractor will be responsible for the control of Smart Water Application Technologies (SWAT) certified weather -based controllers or equivalent, controller programming through the contractors office via a desk top or any wireless computer, or hand held device. The LIVID will provide a password for access. f. Inspections: Landscape Maintenance District Consultants/Inspectors will spot check controller schedules on each inspection of a district to assure compliance with irrigation program standards. Contractor shall conduct a complete irrigation system inspection for each district at minimum of twice a year. 24.02 The contractor will be responsible to complete the following WeatherTrak training through HydroPoint University. Proof of completion to be provided with proposal submission. Additional trainings are available and participation is encouraged. Level 1— WeatherTrak Basic Svstems Traini 24.03 Controllers: a. All controllers shall be adjusted as needed for optimum performance considering the water requirements of each remote control valve (irrigation station). "Smart" or "weather based" controllers shall be configured to water in the "AUTO MODE" or "ET MODE" when available. Plant establishment periods do not apply to this requirement and should be scheduled accordingly. Contractor is responsible for adjusting the controller parameters/attributes in order to irrigate efficiently and each valve shall be customized for the needs of the plant material. Excessive watering or excessive runoff shall not be permitted. b. The contractor will be responsible for the control of Smart Water Application Technologies (SWAT) certified weather -based controllers or equivalent, controller programming through the Contractors office via a desk top or any wireless computer, or hand held device. The LIVID will provide a username/password for access. c. Response to WeatherTrak Alerts by category shall be made within the time frames listed below. Failure to comply with response times will be considered a deficiency and may be subject to a deduction from payment in the amount up to five hundred ($500.00) dollars for each instance where an alert is not resolved within the time frame. (1) Severe Alerts to be resolved within 24 hours. (2) Major Alerts to be resolved within 5 working days PROPOSAL # LMD-18-19-13 36 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 d. Contractor will provide their own irrigation remote (receiver and transmitter) for control of the Rain Master, Calsense, LEIT (solar), WeatherTrak or other industry standard controllers not listed. The City requires the Promax universal irrigation remote or other "smart phone" technology for its use in field testing and operation of all irrigation systems for the LIVID areas. Use of this device will conserve water consumption, provide for more cost effective maintenance of irrigation systems, and assure all parties concerned that the automatic system is operating at maximum efficiency. Special Districts' inspectors may use this device in their inspections to verify that irrigation systems are functioning properly. The bleeding of valves and hand watering are to be used in emergency or testing situations, not for normal or day-to- day inspections. e. Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, slope, humidity, and the relationship of conditions which affect irrigation. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation shall be paused until normal conditions exist. No watering medians in windy conditions, to avoid drift and wetting vehicles. f. Contractor shall be responsible for data input with regards to irrigation station reference in the programming function of the central server or at the controller. Example: Station 1- SE Corner of parking lot, Turf NW of restroom, Shrubs on large slope, etc. g. In areas where wind creates problems of spraying water into private property or road right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 9:00 p.m. and 7:00 a.m.). h. Contractor shall be responsible for monitoring all irrigation systems within the jurisdiction of this Specification and correct for coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. Monitoring shall be scheduled for all systems at minimum 1x monthly. i. Check systems, as needed, for optimum performance and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted). j. Contractor is to maintain the watering schedule in "AUTO" mode which will equal the evapotranspiration rate based on topography, soil type, plant material, season or climatic factors. Contractor shall notify The City of Santa Clarita of any schedule changes. k. Contractor shall utilize "cycle & soak" in programming in order to eliminate excessive run-off. I. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by The City of Santa Clarita. m. When available, copies of controller maps shall be kept in enclosures at all times. PROPOSAL # LMD-18-19-13 37 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 n. Contractor is responsible for maintenance of the interiors of controller enclosures and shall be kept clean free of debris and pests, regardless of condition(s) at time of contract award. o. Contractor shall be responsible to notify The City of Santa Clarita of any additional water requirements to the landscape which is outside of the "AUTO" scheduled program application. p. It is the responsibility of the Contractor to keep the plant material alive. If this requires an extra application of irrigation water, the Contractor is to make the necessary adjustments and immediately notify The City of Santa Clarita upon doing so. q. Only The City of Santa Clarita staff, City Monitors, the Contractor Supervisor/ Foreman or Irrigation Technician will have access to all controllers. Enclosures will be locked/padlocked at all times. r. The Contractor shall test the soil in turf and groundcover areas and around all trees and shrubs monthly or as necessary with soil probes to determine that the proper amount of water is being applied at all times. This information should be used to adjust watering times on the controller and supplemental hand or deep watering as necessary. s. The Contractor shall make adjustments to the water programs to compensate for irrigation heads on each system, soil type and permeability, wind condition, orientation to the sun, air temperature, season, and logistical considerations t. Once the irrigation system has been adjusted to only irrigate the planting areas it was designed to irrigate, the contractor shall then monitor the irrigation watering application time to determine the length of time each system runs until irrigation runs off the landscape area. This information will then be used to establish "cycle & soak" parameters. u. The maximum run time should then be set a minimum of one minute less than the time it takes for run off to occur. This will establish the maximum run time for each valve, with full sun exposure. Adjust valves with partial shade or full shade to have less run time than the systems in full sun. v. It is required that soil conditions be constantly monitored with a soil probe to insure that over -saturation of the soil does not occur. w. In addition to the soils condition, the individual plant material requirements must be taken into account. As the plant material becomes established, a reduction in the frequency of watering should be implemented to harden -off the plant material while maintaining it in a healthy condition. 24.04 Operation of System: a. As a standard practice, the Contractor shall formally acknowledge receipt of the irrigation System within the first 60 days of the notice to proceed. It is the Contractors responsibility to conduct a full scale irrigation audit/assessment to determine deficiencies in the system and make recommendations for repair(s). PROPOSAL # LMD-18-19-13 38 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 b. Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, annuals, perennial plants, and ground covers when automatic systems are not functioning. c. Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow/maintain landscaped areas. d. All irrigation systems shall be personally inspected by Contractor a minimum of once per month to verify effectiveness of sprinkler operation. The appropriate Irrigation Inspection Form must be filled out per controller and submitted to The City of Santa Clarita LIVID for review. e. Contractor shall adjust and clean as necessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance. f. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable. g. Sprinkler heads in turf areas shall be kept clear of overgrowth, which may obstruct maximum operation. No chemical spraying or growth inhibitors around head shall be allowed. h. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate. i. Contractor shall be responsible for hand -watering any pots not provided with an irrigation system to maintain plants and promote optimum growth. j. Adjustments in operating pressure for spray and rotor type heads shall be followed per manufacturer's recommendation to provide optimum efficiency unless instructed otherwise by The City of Santa Clarita. k. Contractor shall be required to walk each site upon request by The City of Santa Clarita representative a minimum of one time per quarter to inspect the operation of the irrigation system. I. Plant damage or loss resulting from the failure to promptly report irrigation system failure shall be considered Contractor negligence and such plant material shall be repaired or replaced at Contractor expense. m. All hand watering performed with a hose shall require the hose to have a flow control that will allow the operator to turn the hose off between watering areas to minimize any wasted water. n. The Contractor shall be responsible for monitoring all project irrigation systems and should correct coverage, head adjustments, clogged lines, loose staking of heads and pipes, and obstacles, including plant material, which obstruct the spray. Make all necessary adjustments to heads that spray onto roadways, walks, walls, and patio areas or out of intended area of coverage. The Contractor shall clean and adjust PROPOSAL # LMD-18-19-13 39 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis. o. During extremely hot weather, long holiday periods, and during or following breakdown of systems, the contractor should provide adequate personnel and materials as required to adequately water all landscaped areas at no extra cost to The City of Santa Clarita. When breakdowns or malfunctions exist, the contractor should water manually by whatever means necessary to maintain all plant materials in a healthy condition. Overly wet or dry conditions should not be permitted to develop. p. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed. q. Testing, certification and service of the backflow prevention devices on the irrigation systems shall be done by a certified tester as provided by The City of Santa Clarita. r. Contractor shall not repair, manipulate or remove backflow devices unless prior authorization has been received by a City of Santa Clarita representative. However, Contractor is permitted to make use of shutoff valves located on or near backflow devices in the event of a mainline break and/or maintenance. s. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur. t. Landscape Maintenance District Consultants/Inspectors/City staff will spot check controller schedules on each inspection of a district to assure compliance with irrigation program standards. Contractor shall conduct a complete irrigation system inspection for each district at minimum of twice a year. u. Contractor shall observe and note any deficiencies occurring from the original design and review these findings with Special Districts, so necessary improvements can be considered. 24.05 Repairs: a. All pop-up heads should be assembled on triple swing joints. b. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance. c. All remote control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff. d. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency. e. Malfunctions of any nature which are deemed to be the fault of materials or workmanship still covered under original installation guarantee shall be reported immediately to The City of Santa Clarita. f. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis. PROPOSAL # LMD-18-19-13 40 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 g. Repair logs shall be maintained and will include date of repair, nature of repair, and itemized list of materials for clarity. Site map/photo documentation to illustrate location of repair, photo of site condition, and work completed shall be included with repair log(s). 24.06 Conservation: The City of Santa Clarita may conduct monthly water management meetings with the contractor to review all controllers with irregular usage and situations where water consumption is excessively high. All plant stress or loss due to under -watering or over - watering will demonstrate contractor neglect and cost to replace said material will be at Contractor's sole expense. The City of Santa Clarita may conduct monthly Water Management Meetings with the contractor to review any penalty charges that were caused by the Contractor's inability to properly manage water allocations, when applicable. The Contractor will be responsible for paying all water penalties incurred on each water meter for all overages exceeding allocation established by the respective water purveyor. The City of Santa Clarita may waive specific penalties at its sole discretion. The City of Santa Clarita takes Water Conservation very seriously and will not tolerate mismanaged or neglected water delivery systems. 24.07 The Contractor shall provide WeatherTrak generated reports called "Controller Inventory Reports" at the request of City Staff. The first report will be due 30 days after the start of this Agreement and updated every two weeks. At a minimum, the report shall identify each irrigation controller subject to this Agreement, the location, alert status, and confirm the controller is "online". Failure to provide a completed report on time will be considered an incomplete work item and may be subject to a deduction from payment in the amount up to five hundred ($500.00) dollars. 24.01 Water Budgets: In order to ensure efficient and responsible water management with regards to landscape irrigation, the City of Santa Clarita Special Districts office may require the following: When water budgets have been established for each individual service area within a Landscape Maintenance District Zone (specifically water meter and/or point of connection), CONTRACTOR shall not exceed the Maximum Applied Water Allowance (MAWA) as established by State Assembly Bill 1881, Model Water Efficient Landscape Ordinance (MWELO). http://www.water.ca.gov/wateruseefficiency/landscapeordinance/ When water budgets and/or tiered rate structures are enforced by individual water purveyors such as; Valencia Water Company, Newhall County Water District, Santa Clarita Water Division, Castaic Lake Water Agency, or SCV Water, CONTRACTOR shall not exceed the monthly allocation(s) as set forth by the service provider for each individual service area within a Landscape Maintenance District Zone, specifically water meter and/or point of connection. Failure to comply with water budgets may lead to monetary penalties up to the costs of the excessive use which exceeds the water budget(s), efficient tier, or any "penalty' tier the City of PROPOSAL # LMD-18-19-13 41 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Santa Clarita is subjected to. 25. MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS 25.01 Hardscape surfaces, walkways, and service roads, if any, shall be maintained by Contractor so as to keep the integrity of the walking and/or driving surface in a safe, unimpaired condition. The contractor may not use subcontractors not included with the proposal submission without written approval of Special Districts Staff. Any unsafe condition of a walkway or service road shall be reported immediately to the LIVID Monitor or directly to City Staff. a. Contractor may be responsible for total replacement or repair of hardscaping and/or plant replacement if damage occurs due to Contractor's negligence or by accidental damage within maintenance operation. b. Contractor shall be responsible for sweeping/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LIVID Staff or as requested by Special Districts. All debris must be collected and removed. c. Disposal of debris by blowing into roadways, sidewalks, or other areas is prohibited and may be cause for contract termination or a deduction in payment as described in Section 10.04 a. 26. GRAFFITI ERADICATION AND CONTROL 26.01 Contractor may be responsible to remove small amounts of graffiti (licensed plate size) as it appears upon any of the walkways, Paseo overpasses and underpasses, walls, fences, or any appurtenant structures or equipment within the areas under Contractor's maintenance. Special Districts Inspector will be informed of all graffiti immediately upon discovery. Contractor is required to input graffiti information into the City's reporting system at: http://www.santa-clarita.com/city-hall/departments/administrative-services/technoloey- services/eeraffiti 26.02 The contractor may be required to remove small amounts of debris which would fit into a small pick -up truck. In such cases the dump fee may be invoiced to Special Districts. Removal of larger items would be considered as an "additional work" item and subject to the terms of Section 4. 26.03 All materials and processes used in graffiti eradication shall be non -injurious to surfaces and adjacent District property and approved by Cal -OSHA. Materials and processes used must be approved by LMD prior to use. 27. DECOMPOSED GRANITE 27.01 Contractor will be required to keep DG areas and pathways free of soil, litter, debris, and weed free. Any areas in need of repair or fill should be reported and a proposal provided to bring the area back to an acceptable condition. PROPOSAL # LMD-18-19-13 42 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 28. FUTURE/ADDITIONAL MAINTENANCE AREAS 28.01 For the maintenance of future/additional maintenance areas that have been accepted by the City, contractor to provide pricing consistent with the Cost Proposal Template (Exhibit A) and Additional Pricing (Exhibits B1 & 132) in this document for similar landscape/terrain. PROPOSAL # LMD-18-19-13 43 DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit A: COST PROPOSAL RFP # LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch Fill out this form completely and return with your bid. Pricing must be entered into line item section of PlanetBids. If the number entered on this page conflicts with what is entered on PlanetBids, the number entered on PlanetBids shall govern. Item Project Site 1. LMD Zone 27 Column A Monthly Maintenance Cost $ x12mo. Total (add lines in Column B) Total proposed amount annually, in legibly printed words: Column B Annual Maintenance Cost DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit 131: ADDITIONAL PRICING RFP # LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch Do NOT include this pricing in the cost of your bid response. Pricing and Billing Schedule Detail Hourly labor rates to be used in performing the work required in the specifications for annual landscape maintenance. These rates will not be used in evaluating the bid, but shall be used in evaluating cost estimates for "additional" or "extra" work requested by the City under this contract when applicable. Extra/Additional work by the CONTRACTOR, shall not exceed the labor rates as listed below: Skill Level Hourly cost After -hour emergency Irrigation Laborer $40.00 per hour $60.00 per hour Landscape Laborer $30.00 per hour $45.00 per hour QAC/QAL Herbicide and Pesticide Applicator $30.00 per hour N/A Please initial to verify acknowledgement of labor rates - (initial) DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit 132: ADDITIONAL PRICING CONTINUED RFP # LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch Do NOT include this pricing in the cost on the of your RFP response. Please list the unit price for labor, EXCLUDING part/material costs, for the following tasks. These rates may be used in evaluating cost estimates for additional work requested by the City under this contract. EXTENDED PRICE LINE DESCRIPTION UNIT OF UNIT PRICE QUANTITY (unit price x MEASURE quantity) 1 Price for maintenance of 1 square foot 500 sq. ft. landscaped with turf. 2 Price for maintenance of 1 square foot 1000 sq. ft. landscape with trees, shrubs, and ground cover. 3 Price for maintenance of 1 square foot 500 sq. ft. landscaped, irrigated slope. Please list the unit price for all-inclusive labor and material costs, for the following tasks. These rates may be used in evaluating cost estimates for additional work requested by the City under this contract. EXTENDED PRICE LINE DESCRIPTION UNIT OF UNIT PRICE QUANTITY (unit price x MEASURE quantity) 4 Price for Installation of one 1 each (5) Five (1) gallon shrub. 5 Price for Installation of five 1 each (5) Five (5) gallon shrub. 6 Price for Installation of leach (5) Five fifteen (15) gallon shrub. 7 Price for Installation of 1 each (5) Five fifteen (15) gallon tree. 8 Price for installation of twenty-four inch (24-inch) 1 each (2) Two box tree. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit C: VIOLATION RECORDS RFP # LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch 1) The last six (6) months of tailgate safety meeting sign -in sheets and topics covered must be made available UPON REQUEST. (Do not send with proposal submission at this time.) 2) In the year of 2017, what was the longest stretch of days worked without an accident in the landscape maintenance division? 3) Please provide any sustained complaints made to your company within the past four (4) years to Cal -OSHA. 4) Please provide any sustained complaints made to your company within the past four (4) years to the California State Contractor Board in regards to your C-27 license. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit D: PROACTIVE APPROACH FORM RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch Please explain what policies or procedures you and your company will provide to insure your team will proactively identify deficiencies, suggest solutions, and execute resolution? What makes your company the best for this service area and how does your company stand out from others? *Attach additional pages as necessary. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit E: DESIGNATION OF SUBCONTRACTORS RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch City of Santa Clarita, California Fill out this form completely and upload it with your proposal. Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DBE STATUS: Age of firm: Certifying Agency: Dollar Value of Work Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: / / Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit F: REFERENCES RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal. 1. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 2. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 3. Name and Address of Owner / Agency Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit G1 RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch Provide information on any and all applicable crewmembers_ This includes the supervisor, crew foreman, certified arborist (if applicable), chemical applicator, irrigation specialist, etc_ 1) Nam Licenses/Certificates Job 2) Name Job Title Li cen ses/Certificates 3) Name lob Title Licenses/ Certificates 4) Name Job Titi Llcen 5) Name Job Titl LicensesjCertificat C) Name Job Licenses/Ce 7) Name Job Title Licenses/Certificates DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit G1 (Continued) RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch 8) Name Job Title Licenses/Certificates 9) Name Job Title Licenses/Certificates 10) Name Licenses/Certificates Job Title 11) Name Job Title Licenses/Certificates 12) Name Licenses/Certificates 13) Name Licenses/Certificates Job Title Job Title 14) Name Job Title Lice nses/Certificates 15) Name Licenses/Certificates Job Title *Attach additional pages as necessary for additional personnel. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit G2: RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch Supervisors Crewrmem ber Title Qty- of Weekly Hours CrewrmemberTitle Qty. of Weekly Hours Crewrmem ber Title Qty- of Weekly Hours Crew #i Crewmem ber Title Qty- of Weekly Hours t rewmem ber Title Qty- of Weekly Hours Crewmem ber Titl Crewrmem ber Titl C rewme m ber Titl Qty- of Weekly Hours Qty- of Weekly Hours Qty- of Weekly Hours Crewrmem ber Title Qty. of Weekly Hours Crewmem ber Title Qty- of Weekly Hours Crewmem ber Title Qty- of Weekly Hours Crewmem ber Title City- of Weekly Hours ,rewmem bier Title City- of Weekly Hours Specialty Positions t:rewrmem ber Title Qty- of Weekly Hours Crewmem ber Title Qty- of Weekly Hours Specialty Positions Crewrmem ber i i:le Qty. of Weekly Hours Crewmem b~— ="e Qty- of Weekly Hours *Attach additional pages as necessary for additional personnel. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 EXHIBIT H: EQUIPMENT REQUIREMENTS RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch Additional equipment requirements for work within proposed Landscape Maintenance District or the ability of Contractor to rent/lease at no additional cost: • Commercial grade lawn mowers with mulching blade attachment, sufficient in size to cover large turf areas • Proper equipment required to perform pruning tasks including hand pruners, loppers, saws, pole pruners and chainsaws • Commercial Grade Battery Powered Leaf Blowers • All maintenance supplies for proper equipment operation • Garden Spading Forks • Shovels • Rakes • Scoop Shovels (various sizes and shapes) • Commercial Grade Chipper • Safety equipment such as head, eye and ear protection, work boots. Body protection such as chaps should also be used when operating chainsaws • Irrigation controller remotes and transmitters; particularly WeatherTrak & Calsense • All the required tools and equipment to make minor and major irrigation repairs • All traffic control signs mechanical and stand alone, barricades, cones, vests all equipment and safety wear shall be Cal -OSHA approved Please initial to verify acknowledgement of equipment requirements - (initial) DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 EXHIBIT I: CERTIFICATIONS RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch Provide information on the certified arborlst, chemical applicator, irrigation specialist, crew foreman. including name. certification and whether staff or subcontractor. Stuff DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF PROPOSAL SPECIFICATIONS RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all Proposal Specifications for the Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established specifications throughout the length of the contract. *Supervisor's Signature: *Estimator's Signature: *Owner's Signature: *All three signatures required Date: Date: Date: DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Exhibit K: DOCUMENTS CHECKLIST RFP # LMD-18-19-13 Annual Maintenance Contract For Landscape Maintenance Zone 27 Circle J Ranch In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. DO NOT send more information than is requested. DO send the REQUESTED information. With RFP Proposal (All Bidders) ✓ Request for Proposal Invitation page filled out ✓ Any addendum published through PlanetBids — signed form and acknowledgement through planet bids ✓ Cost File - Exhibit A — Cost Proposal - Pricing must be entered into line items section of PlanetBids and Exhibit Bl & B2 — Additional Pricing shall be submitted as the cost file. ✓ Response File ❑ Exhibit C - Violation Records — must be completed ❑ Exhibit D — Proactive Approach Form — must be completed ❑ Exhibit E — Designation of Subcontractors -if none, write "n/a'; Do NOT leave blank ❑ Exhibit F - References Page ❑ Exhibit GI & G2 - must be completed (use additional sheets if needed) ❑ Exhibit H - Equipment Requirement Acknowledgment ❑ Exhibit I —Certifications: Required certificates/licenses — ✓ Proof of Contractor's License - license number will suffice ✓ Required certificates/qualifications (as identified in solicitation including, but not limited to: License C27 & WeatherTrak training completion) ❑ Exhibit J —Acknowledgement & Acceptance of Specifications ❑ Exhibit K—Documents Checklist ❑ Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi -Annual, Annual (see examples in Attachments Al & A2) 2 (1) Q O a� w rn Un O O 0 0 u u N Q 0 aj u C ca C a1 C .C� C s a O u s _N 3 N s u aj u C ca c aj C E 3 u Q T C O aj u C N v 0 tu Ck � m � $ 3 4 8 2 Zm1 T? z [ [°sz ID Z $RS4's E Q+ p 09 IA dL d millill millill millill N Q H Z CW G 2 u Q Q (1) Q O a� w rn Un O O 0 2 c O 41 m u u aj Q 0 aj u C ca C aj C E s .3 a O u f6 s _N 3 aJ u u U u C ca c aj C E 3 u u Q T C O aj u C N aj 4— aj i O :�IIeI�C�=C Ell!ieii�i�� DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 ATTACHMENT B SAMPLE CONTRACT MAINTENANCE AGREEMENT (SAMPLE) BETWEEN THE CITY OF SANTA CLARITA AND FOR THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and , ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit " ," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 120 to 120 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.clov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 B. If this contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. C. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined sinale) $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, F. City may cancel the Agreement immediately with no penalty. G. Should Contractor's insurance reauired by this Agreement be cancelled at anv point arior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (SIGNATURES ON NEXT PAGE) DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Sample Only — Do Not Sign Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 ATTACHMENTC RFP#LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch INVENTORY LISTS Inventory List: Zone 27 - Circle J Ranch Item # Description Approximate Square Footage Estimated Quantity 1 Paseo walkways and trails 48,218 2 Fences -Wrought Iron, Lodgepole, Vinyl 3,106 L.F 3 V-Ditches 4,284 L.F 4 Controller Enclosures 19 5 Controllers 19 6 Backflow Devices 18 7 Trees (street) 434 8 Trees (non -street) 1,958 9 Dog Waste Bag Station 3 10 Turf 112,500 11 Slopes (Irrigated) 1,164,278 12 Shrub/ Groundcover (flat terrain) 379,521 13 Non -irrigated landscape (brush clearance) 553,294 14 Monument Sign 1 15 Gates 13 Estimates above are for reference only and it is the responsibility of Contractor to verify by inspection and observe the various areas' characteristics. /I%- LU m o : 7 C14 z � & / w \ & $ o � \ : - ��[\j\\/�\ � ® ��®� ��R« ®° \)\f*feedd>\$ - $ � 20 R o \J: 0o' s2 `}!f\!!7f}92 am) a) _ �$®<2LL_j _ \}}12;U)LuLu _ §/ ° " E//0 $/11-1114d $ $ @ @ \\\\\\ DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 ATTACHMENT E RFP # LMD-18-19-13 Annual Maintenance Contract for Landscape Maintenance Zone 27 Circle J Ranch New Year's Day Monday, January 1 Martin Luther King Day Monday, January 15 President's Day Monday, February 19 Memorial Day Monday, May 28 Independence Day Wednesday, July 4 Labor Day Monday, September 3 Veterans Day Observed - Monday, November 12 Thanksgiving Day Thursday, November 22 Day after Thanksgiving Friday, November 23 112 Day for Christmas Eve Monday, December 24 Christmas Day Tuesday, December 25 112 Day for New Year's Eve Monday, December 31 New Year's Day Tuesday, January 1, 2018 If a holiday should fall on a Saturday, it will be celebrated the preceding Friday. If a holiday should fall on a Stuldav, it will be celebrated the following b4onday. DocuSign Envelope ID: 52E99994-40D0-44ED-88AE-C80947284410 EXHIBIT B lr� �0� HERITAGE Qj 0 LANDSCAPE LP Agreement for Santa Clarita Zone T-27 The City of Santa Clarita and American Heritage Landscape are partnering to address the service gap created by BrightView abandoning the job and contract. The agreement is for the next 3 months and will include the following understanding between the two parties. 1. Monthly maintenance amount to be paid to American Heritage Landscape is $11,565.83 This includes a crew compliment and hours of- 1. Crew Leader — 16 hours 2. Gardeners (2) — 32 hours 3. Irrigation Technician — 16 hours 4. Spray Technician — 4 hours weekly/16 hours monthly Landscape/Fuel Modification Clean Up Total amount of $12,280.32 for 288 hours of weed abatement to be completed by June 1. Both parties acknowledge that this temporary contract is to address the immediate fuel modification needed in T27. The weed abatement will be the first priority and the maintenance will include the weekly mowing and any remaining hours would be dedicated to the deferred maintenance clean up of slopes. American Heritage Landscape understand this is not the normal compensation for this area and that when the zone is funded for normal service, we are looking to partner wit the City to extend the relationship in T27 to a long term agreement with new allocations. TOTAL CONTRACT AMOUNT NOT TO EXCEED $49,950.00. 7013 Owensmouth Ave • Canoga Park, CA 91303 • 818.999.2045 Tel. 818.999.2056 Fax CA License 891577 DocuSign Certificate Of Completion Envelope Id: 52E9999440DO44ED88AEC80947284410 Subject: American Heritage Landscape, LP - 22-LMD-18 Zone 27 Landscape Maintenance Source Envelope: Document Pages: 73 Signatures: 4 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 5/19/2022 12:54:09 PM Signer Events Jennifer St. Clair jstclair@santa-clarita.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 1:49:52 PM ID:71257eb4-0345-47fe-aa71-5801ab9014ce Andrew Adams aadams@santa-clarita.com Purchasing & Risk Administrator City of Santa Clarita Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Keith Miller kmiller@santa-clarita.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kevin Tonoian ktonoian@santa-clarita.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 3:29:14 PM ID:2edcde84-7906-443b-984e-7c6f552a2d44 Holder: Dan Hamrick dmhamrick@santa-clarita.com Signature Completed Signed by link sent to jstclair@santa-clarita.com Using IPAddress: 216.152.79.2 Completed Signed by link sent to aadams@santa-clarita.com Using IPAddress: 216.152.79.2 Completed Signed by link sent to kmiller@santa-clarita.com Using IPAddress: 174.193.193.223 Signed using mobile Completed Signed by link sent to ktonoian@santa-clarita.com Using IPAddress: 174.193.138.197 Signed using mobile Status: Completed Envelope Originator: Dan Hamrick 23920 Valencia Boulevard City of Santa Clarita, CA 91355 dmhamrick@santa-clarita.com IP Address: 216.152.79.2 Location: DocuSign Timestamp Sent: 5/19/2022 12:59:16 PM Viewed: 5/19/2022 1:49:52 PM Signed: 5/19/2022 1:57:29 PM Sent: 5/19/2022 1:57:33 PM Viewed: 5/19/2022 2:11:08 PM Signed: 5/19/2022 2:11:53 PM Sent: 5/19/2022 2:11:56 PM Viewed: 5/19/2022 3:23:51 PM Signed: 5/19/2022 3:25:13 PM Sent: 5/19/2022 3:25:17 PM Viewed: 5/19/2022 3:29:14 PM Signed: 5/19/2022 3:29:24 PM Signer Events Signature Timestamp David Price DocuSignedby: D�� E344D72101AW4... Sent: 5/19/2022 3:29:27 PM dprice@americanlandscape.com Viewed: 5/19/2022 5:48:40 PM CFO Signed: 5/19/2022 5:49:33 PM American Heritage Landscape Security Level: Email, Account Authentication Signature Adoption: Drawn on Device (Optional) Signed by link sent to dprice@americanlandscape.com Using IPAddress: 174.248.205.167 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 5/19/2022 5:48:40 PM ID:7f3fa8b4-21d0-4ff9-8860-dbeeeff002d4 Jim Maddox Do uSigned /by: " Sent: 5/19/2022 3:29:28 PM jmaddox@americanlandscape.com N IA, Viewed: 5/19/2022 5:12:28 PM General Counsel UWA 8EF1D32ACB5D4CB... Signed: 5/19/2022 5:43:04 PM Security Level: Email, Account Authentication (Optional) Signature Adoption: Pre -selected Style Signed by link sent to jmaddox@americanlandscape.com Using IPAddress: 23.251.212.138 Electronic Record and Signature Disclosure: Accepted: 5/19/2022 5:12:28 PM ID:1d4f3b47-16f7-40ea-84b8-9c2bc9db562e Jerrid Mckenna Completed Sent: 5/19/2022 5:49:36 PM jmckenna@santa-clarita.com Viewed: 5/23/2022 6:13:57 AM Interim Director of Neighborhood Services Signed: 5/24/2022 10:38:22 AM Security Level: Email, Account Authentication Signed by link sent to jmckenna@santa-clarita.com (Optional) Using IPAddress: 216.152.79.2 Electronic Record and Signature Disclosure: Accepted: 5/24/2022 10:38:17 AM ID:8e447b68-fbOf-4cbd-a690-97460870109d Joseph M. Montes by: Sent: 5/24/2022 10:38:26AM JMontes@bwslaw.com ED—Signed 6s(fL h. NVIt s Viewed: 5/24/2022 12:03:20 PM Partner 109A62F8F673468.. Signed: 5/25/2022 12:11:17 PM Security Level: Email, Account Authentication (Optional) Signature Adoption: Pre -selected Style Signed by link sent to JMontes@bwslaw.com Using IPAddress: 104.191.69.106 Electronic Record and Signature Disclosure: Accepted: 5/25/2022 12:10:58 PM ID:eb025df3-lale-4803-acce-3173545d4b99 Frank Oviedo by: �" Sent: 5/25/2022 12:11:20 PM FOVIEDO@santa-clarita.com ED—Signed V'cUn,�t�U ao Viewed: 5/25/2022 3:06:57 PM Assistant Cit Mana er 636ED9090845412._ Signed: 5/25/2022 3:07:07 PM Y 9 9 City of Santa Clarita Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (Optional) Signed by link sent to FOVIEDO@santa-clarita.com Using IPAddress: 216.152.79.2 Electronic Record and Signature Disclosure: Accepted: 5/25/2022 3:06:57 PM I D: 273c5686-f671-4ef2-929d-0a7c1 818f3a6 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jennifer St. Clair Sent: 5/25/2022 3:07:10 PM jstclair@santa-clarita.com ED Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 5/25/2022 11:39:13 AM ID:284f7bbb-a2ed-49ff-ab2a-cfb7ed32e550 David Price Sent: 5/25/2022 3:07:11 PM dprice@americanlandscape.com ED CFO American Heritage Landscape Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 5:48:40 PM ID:7f3fa8b4-21d0-4ff9-8860-dbeeeff002d4 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/19/2022 12:59:17 PM Certified Delivered Security Checked 5/25/2022 3:06:57 PM Signing Complete Security Checked 5/25/2022 3:07:07 PM Completed Security Checked 5/25/2022 3:07:21 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 12/15/2021 2:42:10 PM Parties agreed to: Jennifer St. Clair, Kevin Tonoian, David Price, Jim Maddox, Jerrid Mckenna, Joseph M. Montes, Frank Oviedo, Jennifer St. Clair, David Price ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Santa Clarita (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Santa Clarita: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: kspeers@santa-clarita.com To advise City of Santa Clarita of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at kspeers@santa-clarita.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Santa Clarita To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to kspeers@santa-clarita.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Santa Clarita To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to kspeers@santa-clarita.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: hitps://support.docusign.com/guides/signer-guide- signi^ n�-System-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Santa Clarita as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Santa Clarita during the course of your relationship with City of Santa Clarita.