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HomeMy WebLinkAbout2023-10-10 - AGENDA REPORTS - LMD ZONES T17 T-29O Agenda Item: 5 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: October 10, 2023 SUBJECT: LANDSCAPE MAINTENANCE CONTRACTS FOR LMD ZONES T- 17 AND T-29 DEPARTMENT: Administrative Services PRESENTER: Andrew Adams RECOMMENDED ACTION City Council: 1. Award two contracts to Marina Landscape Services, Inc., to provide landscape maintenance services for Landscape Maintenance District Zone T-17, Rainbow Glen, and Zone T-29, American Beauty, and if necessary other zones for which they are under contract, for two two-year contract amounts not to exceed $39,640 and $68,000, respectively. 2. Authorize the City Manager or designee to execute up to three additional one-year renewal options beginning in year three for both contracts, not to exceed the annual contract amounts, inclusive of as -needed expenditure authority, plus an adjustment in compensation consistent with the appropriate Consumer Price Index, upon request of the contractor, and contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. 3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. 4. Appropriate an ongoing budget for $2,496 from the Landscape Maintenance District Fund Balance (Fund 357) to expenditure account 3572419-516110 (Rainbow Glen) and $9,516 to expenditure account 3572423-516110 (American Beauty). 5. Find that the award of contracts are exempt from the California Environmental Quality Act pursuant to Article 19 — Categorical Exemptions, Section 15301, Existing Facilities, (h) Maintenance of Existing Landscaping. Page 1 Packet Pg. 27 O BACKGROUND The City of Santa Clarita (City) administers 62 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services through contracts with private companies. Request for Proposal (RFP) LMD-23-24-7, for the maintenance of LMD Zone T-17 (Rainbow Glen) and RFP LMD-23-24-06, for the maintenance of LMD Zone T-29 (American Beauty) were published and circulated via the City's e- procurement system, BidNet, on August 3, 2023. Unlike a bid procurement, where the recommended contract award is based upon the lowest, most responsive bid, this procurement utilizes multiple weighted criteria to evaluate and score proposals. This approach reinforces performance expectations and ensures that vendors dedicate adequate employees to service the contract. While the price for services is a component constituting 10 percent of the weighted evaluation criteria, 90 percent of the evaluation criteria focuses on the overall value provided, including the composition and structure of the contractor's crew, their schedule to rotate through the maintenance areas, understanding of the specifications, and references. The following categories comprised the weighted criteria used to evaluate proposals: • Value Provided - Team Composition/Crew Structure/Rotation Schedule (65%) • Acknowledgement and Understanding of Specifications (15%) • Proposal Amount (10%) • References & Certifications (10%) The City transmitted the solicitation to 650 vendors on BidNet, of which 56 vendors downloaded the RFPs. Eight companies provided proposals for consideration. An evaluation panel comprised of staff representing the City's Special Districts division scored the responses based on a 300- point system, with the results outlined below. ZONE T-17 PROPOSALS COMPANY LOCATION POINTS AWARDED Proposal 1 Marina Landscape Services Inc. Stevenson Ranch, CA 271 Proposal 2 Stay Green, Inc. Santa Clarita, CA 261 Proposal 3 EMTS, Inc. Clovis, CA 248 Proposal 4 Oakridge Landscape, Inc. Santa Clarita, CA 247 Proposal 5 SGD Enterprises Van Nuys, CA 231 Proposal 6 American Heritage Landscape Canoga Park, CA 218 Proposal 7 Specialized Landscape Mgmt. Service, Inc. Simi Valley, CA 216 Proposal 8 JAS Landscape LLC Oxnard, CA 178 Page 2 Packet Pg. 28 O ZONE T-29 PROPOSALS COMPANY LOCATION POINTS AWARDED Proposal 1 Marina Landscape Services Inc. Stevenson Ranch, CA 272 Proposal 2 Stay Green, Inc. Santa Clarita, CA 259 Proposal 3 Oakridge Landscape, Inc. Santa Clarita, CA 252 Proposal 4 EMTS, Inc. Clovis, CA 244 Proposal 5 SGD Enterprises Van Nuys, CA 238 Proposal 6 American Heritage Landscape Canoga Park, CA 226 Proposal 7 Specialized Landscape Mgmt. Service, Inc. Simi Valley, CA 214 Proposal 8 JAS Landscape LLC Oxnard, CA 186 Marina Landscape Services Inc. (Marina Landscape) achieved the highest score on both RFPs, with the evaluation team determining their proposals offered the best overall value. While all companies dedicated comparable crew man-hours for the recurring maintenance, Marina Landscape's proposal represents the greatest overall value. Marina Landscape's proposed crew structure, approach for rotating personnel throughout the two assigned LMD zones, and proposed modification of operations due to seasonal changes are consistent with LMD's standards for overall maintenance. Staff has completed a due -diligence review of Marina Landscape's professional references and determined their work history meets the City's standards and performance expectations. Based on the above, staff recommends awarding both landscape maintenance contracts to Marina Landscape. To support these contracts, staff is requesting an ongoing appropriation of $12,012, which will be combined with the funds previously appropriated during the annual budget process. If approved, the total budget, including additional appropriations, will be $34,000 in Zone T-29 (American Beauty) and $19,820 in Zone T-17 (Rainbow Glen). This ongoing base adjustment is reflective of rising fuel and industry labor costs. The recommended contract amounts are required to perform monthly landscape maintenance and repairs, maximize operational efficiencies, and ensure such work is completed in a timely manner. Maintenance and repairs include, and are not limited to, responding to emergencies, repairs, or replacement of irrigation systems that are damaged or have reached the end of their useful service life; replacement of dead plant material; addressing vandalism; and one-time beautification enhancement projects. Finally, the increase in expenditure authority granted by the City Council does not represent any guarantee of additional compensation under the terms of the recommended contracts. Beyond retaining the discretion to utilize alternative contractors as deemed necessary, all unscheduled repair work or one-time enhancement projects performed by Marina Landscape under both contracts will continue to require staff review and advanced authorization by the City's Special Districts Division. Furthermore, to improve maintenance standards and enforce accountability, the solicitation also includes provisions to impose payment reductions for poor performance should the contractor fail to meet their maintenance obligations. Page 3 Packet Pg. 29 O California Environmental Quality Act (CEQA) Determination This award of contracts is not subject to CEQA review pursuant to CEQA Guidelines Article 19 - Categorical Exemptions, Section 15301, Existing Facilities, (h) Maintenance of Existing Landscaping. ALTERNATIVE ACTION 1. Do not award contracts to Marina Landscape Services Inc. 2. Other action as determined by the City Council. FISCAL IMPACT The recommended action requires an ongoing appropriation of $12,012 from the Landscape Maintenance District Fund Balance (Fund 357) to support recurring landscape maintenance costs associated with the award of this contract. Funding for future years are contingent upon the appropriations of funds by the City Council in the annual budget for such fiscal year. ATTACHMENTS LMD-23-24-7 LMD Zone T17 - RFP Docs (available in the City Clerk's Reading File) LMD-23-24-7 LMD Zone T17 - Marina Response File (available in the City Clerk's Reading File) LMD-23-24-06 LMD Zone T29 - RFP Docs (available in the City Clerk's Reading File) LMD-23-24-06 LMD Zone T29 - Marina Response File (available in the City Clerk's Reading File) Page 4 Packet Pg. 30 REQUEST FOR PROPOSALS LMD Zone T17 Landscape Maintenance PROPOSAL # LMD-23-24-7 TABLE OF CONTENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California SECTION A REQUEST FOR PROPOSALS PROPOSAL INSTRUCTIONS DOCUMENT CHECKLIST SECTION B SCOPE OF WORK RESPONSE FORMAT AND SELECTION CRITERIA SECTION C SAMPLE MAINTENANCE AGREEMENT FRINGE BENEFIT STATEMENT SECTION D EXHIBIT A: COST PROPOSAL EXHIBIT B1: ADDITIONAL PRICING EXHIBIT B2: ADDITIONAL PRICING CONTINUED EXHIBIT C: VIOLATION RECORDS EXHIBIT D: PROACTIVE APPROACH FORM EXHIBIT E: DESIGNATION OF SUBCONTRACTORS EXHIBIT F: REFERENCES EXHIBIT G1: STAFF EXHIBIT G2: STAFF HOURS EXHIBIT H: EQUIPMENT REQUIREMENTS EXHIBIT I: CERTIFICATIONS EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS SECTION E MAINTENANCE SCHEDULE EXAMPLE – DAILY – ANNUAL MAINTENANCE MAP(S) HOLIDAY SCHEDULE INVENTORY LISTS SECTION A RFP Information & Instructions CITY OF SANTA CLARITA REQUEST FOR PROPOSALS Project Name: LMD Zone T17 Landscape Maintenance Proposal #: LMD-23-24-7 Last Day for Questions: August 29, 2023 before 11:00 AM (PT) Proposal Closing: September 5, 2023 before 11:00 AM (PT) License(s) Required: Class C-27 California Landscaping Contractor License Project Description: The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-17 (Rainbow Glen) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. Prevailing Wage: Yes Bond Requirements: No Contact Information: Mariela Delgado | (661) 286-4066 |mdelgado@santa-clarita.com Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. Required Contractor & Subcontractor Registration: Only proposals submitted by proposers (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted. Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120. RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non- responsive and rejected. Dates Published: August 4, 2023 PROPOSAL INSTRUCTIONS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. SUBMITTING PROPOSALS. 1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet). 1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price. 1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected. 3. AWARDS. 3.1. The City reserves the right to waive any informality in any proposal. 3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations. The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so. 3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so. 3.4. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours. 4. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. 4.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 4.2. If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered. 4.3. Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 5. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 6. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 7. INVOICES. Invoices will be forwarded to: City of Santa Clarita Special Districts Division Attn: Dan Hamrick 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 8. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 \[with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)\]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 9. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section. 10. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the City Council approved City of Santa Clarita Combined Engineer’s Report for Landscape Maintenance Districts. Pursuant to Section I of the Engineer’s Report, the maximum assessment rate may increase each fiscal year based on the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer. 12. CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a Class C-27 California Landscaping Contractor License with proposal response. Failure to possess the specified license shall render the proposal as non-responsive and shall act as a bar to award the contract to any proposer not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. 13. PREVAILING WAGES. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but notlimited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such. 14. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. Each proposer must submit with their proposal the following: The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. The address of each firm. The telephone number at the place of business. Work to be performed by each subcontracting firm. Total approximate dollar amount of each subcontract. Copies of subcontracts will be provided to the City Engineer upon their request. 15. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet. DOCUMENTS CHECKLIST PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. The following documents must be provided by ALL proposers: Uploaded via BidNet (see Section D: Exhibits) Response File Cost File(s) – to be submitted separately from the Response File: o Exhibit A: Cost Proposal o Exhibit B1: Additional Pricing o Exhibit B2: Additional Pricing Continued Exhibit C: Violation Records Exhibit D: Proactive Approach Form Exhibit E: Designation of Subcontractors Exhibit F: References Exhibit G1: Staff Exhibit G2: Staff Hours Exhibit H: Equipment Requirements Exhibit I: Certifications Exhibit J: Acknowledgement & Acceptance of Scope of Work Exhibit K: Notice to Proposers Regarding Contractual Requirements Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi-Annual, Annual (see examples in Section F) Rotation Schedule (Maintenance Map showing frequency of work within designated areas/sections) All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Dan Hamrick Maintenance Agreement Insurance Required by Contract W-9 Form Fringe Benefit Statement SECTION B Solicitation Information SCOPE OF WORK PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California EVENT DATE Solicitation advertisement August 4, 2023 Last day for questions August 29, 2023 Return of proposals September 5, 2023 Evaluations of proposals September 5 - 12, 2023 *Dates are subject to change at the City’s discretion* 1.BACKGROUND The City of Santa Clarita (City) administers 62 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services for the LMD operations through contracts with private companies. Solicitations for proposals to support contract services are made regularly and often allow an opportunity for multiple zones to take advantage of economies of scale. The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-17 (Rainbow Glen) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. The following general Scope of Work applies to the areas of the City’s LMD Zones T-17 (Rainbow Glen) area. All items in this Scope of Work, unless indicated as Additional Work, shall be considered as included in the monthly maintenance cost of this zone. Please consider this when submitting your quote. All items indicated as Additional Work shall be requested on an “as needed” basis. This Contract shall run for (2) years with the option for three (3) additional one (1) year renewals. 2. GENERAL REQUIREMENTS 2.1. 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 (LMD) 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. 2.2. City of Santa Clarita Landscape Maintenance District (LMD) administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager, or the Administrative Services Director, shall herein be described as Special Districts. 2.3. 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, and ground cover 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. 2.4. Contractor must provide all-inclusive labor and equipment for landscape, grounds and maintenance services including, but not limited to: 85% hand pruning and 15% mechanical; Select prune shrubs to the natural shape of the plant according to its species throughout the year to encourage healthy growth habits according horticultural best practices; Fertilization application; Irrigation; minor and major repairs; Hand watering (as necessary); Bleeding of valves necessary during emergencies and/or when automatic systems are not functioning properly; Pruning of shrubs and trees (first twelve vertical feet measured from the ground); Trimming of shrub areas, and ground cover; Keeping minimum eighteen (18) inch clearance from fence lines behind homes; Disease control; Pest control; Tree maintenance; (first 12’ of trees and as agreed) structural pruning per ANSI Best Management Practices; Inspection, maintenance and repairs of irrigation systems; Mulching (City provided mulch); will be disbursed by the contractor at their expense; Manual weed abatement; Chemical weed control; Maintenance of fire protection/fuel modification areas; Marking underground irrigation lines and other LMD equipment upon Dig Alert notification and/or other requests; Traffic control (per Watch Manual) while working in the public right of way, medians, and parkways; Litter pickup, doggie litter removal, trash bags removed and replaced from receptacles (City provided dog waste bags; City-reimbursed trash bags - Contractor’s cost plus no more than 15%); Irrigation Specialist, Irrigation Assistant, Laborers and Foreman are provided as proposed at minimum and as necessary to provide the expected level of maintenance. 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 A1 & 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 “Team Composition” and “Rotation Schedule” that will serve as the expected minimum 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. 2.5. Inclement Weather and Adverse Conditions Unless determined to be an unsafe working condition, on days of light precipitation and/or forecasted rain the contractor shall continue to be present as scheduled performing alternative tasks, such as but not limited to the following; monitoring of drainage devices, drain inlet clearing, maintaining/cleaning of walkways, debris removal within planting areas, hand pruning of shrubs, etc., or as directed by Special Districts. During periods of extremely adverse and inclement weather, the Contractor shall be present as scheduled performing inspections of the maintained areas, maintaining drainage devices for proper flow, as well as monitoring the overall state of the site and reporting any concerns in regards to safety and property during regular assigned hours. Contractor shall report any storm damage or issues related to inclement weather/adverse conditions to Special Districts within 24 hours of occurrence. All storm damages must be photo documented prior to any removal or clean up. If remedial work is required beyond the scope of the contract, it may be paid as additional work upon approval by Special Districts. 2.6. 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: Landscape refurbishment; tree, shrub, and ground cover installation; Irrigation system refurbishment and/or repair; Construction and/or storm related operations; Emergency response operations; Electrical repairs; Tree Trimming / Tree planting / Tree counting; Concrete removal and replacement, block wall and brick repairs; Fence installation and repairs, wood, vinyl, and Crete Rail; Integrated pest management / Chemical applications to trees; Streetscape furniture cleaning and pressure washing of walkways and appurtenances. At the discretion of LMD, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract. 2.7. 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. 2.8. 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 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. 2.9. 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. 2.10. 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. 2.11. Contractor’s employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of WeatherTrak 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. 2.12. Contractor shall provide cellular communication to each crew foreman and have the ability to connect to City Monitors and Special Districts representatives. 2.13. 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 an as-needed basis. The Contractor must submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission. 2.14. 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. 3. LANDSCAPE AREAS TO BE MAINTAINED 3.1. The LMD areas to be maintained under the provisions of this Agreement are specifically identified in Attachment B. 3.2. 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 LMD for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LMD areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or alteration. 4. CERTIFICATIONS/REPORTS/RECORDS 4.1. Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing Wage Certification Report which shall be made available to LMD 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. 4.2. 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. 4.3. 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: Quantity and complete description of all commercial and organic fertilizer(s) used. Quantity and label description of all grass seed used. Quantity and complete description of all soil amendments used. 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. 4.4. 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. 4.5. Violation Records: The awarded contractor shall not have two (2) or more Cal-OSHA 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). 5. ADDITIONAL WORK 5.1. 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. 5.2. 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. 5.3. 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. 5.4. All additional (or 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. 6. CONTRACTOR’S LIABILITIES 6.1. All damages resulting from Contractor's operation within the LMD areas shall be repaired or replaced at Contractor's expense within 48 hours. 6.2. All such repairs or replacements shall be completed within the following time limits. Irrigation damage shall be repaired or replaced prior to the next regularly scheduled watering event or as agreed upon with Special Districts. 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. All concrete walkway, block walls, light poles, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LMD staff. 6.3. All repairs or replacements shall be completed in accordance with the following maintenance practices. 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. Shrubs: Minor damage may be corrected by appropriate pruning as required in Section 19, "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 19 "Shrub and Ground Cover Care" of the Specifications. 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. 7. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 7.1. 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. 7.2. 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. 8. OFFICE INQUIRIES AND COMPLAINTS 8.1. Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Homeowners Associations, property owners, and tenants within said LMD 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, shall be available for notification by telephone or text communication. 8.2. Whenever immediate action is required to prevent impending injury, death, or property damage to the LMD 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. 8.3. 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. 8.4. 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. 9. SAFETY 9.1. 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. 9.2. It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the LMD 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: Filling holes in planting areas, and paving; Using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards; 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. 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. 9.3. 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. 9.4. Contractor agrees to report any signs of homeless encampment activity, including but not limited to, trash/debris, personal items, homeless persons present, etc. immediately to LMD Office staff for appropriate actions to be taken by internal City staff. Contractor staff are not to approach any homeless persons in the zones and should seek advice from LMD staff accordingly. 10. HOURS AND DAYS OF MAINTENANCE SERVICES 10.1. 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 C) “2023 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 C) 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 City of Santa Clarita limits in accordance with ordinance 11.44.010. 10.2. 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. 10.3. For the purpose of this contract, “work” time in the field excludes lunch, breaks, and travel time to and from the contractor’s yard. Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. A legal day’s work shall constitute eight (8) hours of labor under this Agreement, and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than 8 hours during any one day or more than 40 hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of $25 for each laborer, worker, or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than 8 hours in any one calendar day or 40 hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. MAINTENANCE SCHEDULES 10.4. 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 LMD 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. 10.5. 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. 10.6. Contractor shall notify Special Districts, in writing, at least one (1) week prior to the date and time of all the following maintenance operations: Fertilization; Micro-Nutrients/Soil Amendments; Spraying of Trees and Shrubs; Aesthetic/Structural Tree and Shrub Pruning; Preventative disease control; Transplanting of small and medium sized plants; Lane closures notification for median or parkway maintenance is required; Other Items as Determined by Special Districts 10.7. 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 11.1. 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. 11.2. 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 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 LMD covered under this Agreement. 11.3. LMD 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 LMD. 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 LMD staff as necessary. 12. SIGNS/IMPROVEMENTS 12.1. Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefore is obtained from LMD Special Districts. 13. UTILITIES 13.1. 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 14.1. Contractor shall not interfere with the public use of the LMD 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 15.1. 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. 15.2. 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. 15.3. 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. 15.4. 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. 15.5. 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. 15.6. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 15.7. 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 16.1. 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. SHRUB AND GROUND COVER CARE 16.2. 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. 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. Disease and Insect Control: All LMD areas are to be maintained free of disease and insects and treated when needed pursuant to Section 22. Weed Control: All ground cover and shrub beds are to be kept weed free at all times. Methods for control shall incorporate the following: a. Mulch application to 3” layer 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 LMD staff. Such removal will be considered an extra and will require submittal of a proposal and approval by LMD staff.) b. Hand removal c. Cultivation d. Chemical eradication using non-residual herbicides 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 “additional work” as described in Section 4 and/or Exhibit B2: 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. Fertilization: Application of an LMD 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 LMD staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization. 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 25 shall apply to trees, shrubs, and ground cover. Diversion Requirements: In keeping with State mandated requirements, the LMD 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. 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 LMD 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 healthy vigorous 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.) 17. TREE CARE 17.1. Contractor under the terms of this agreement shall perform the following services: Tree Maintenance a. 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. Wound dressings are never used on any tree pruning cuts. b. All sucker growth is to be removed from trees as it occurs. c. Maintain an 8-foot clearance for branches overhanging walkways and public sidewalks. d. Report insects and tree diseases to Special Districts Inspector. e. Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees. f. Tree stakes shall be pentachlorophenol 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. g. 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. h. Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. i. Broken branches are to be removed immediately whether they are in the tree or on the ground. j. All tree wells in sidewalks within the maintenance areas’ boundaries to be kept weed free and mulched where applicable. 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 LMD, 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. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor. Tree Replacement: All trees permanently damaged as a result of action or inaction by the contractor will be replaced as provided for under Section 6 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 required during the establishment period. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by use of “Maintain,” "Florel" or other approved product. Two (2) applications shall be required 7-10 days apart. The first application shall be applied when ½ to ¾ 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”. 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”. 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. 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. Street Tree Wells: Contractor is responsible to keep all tree wells within LMD areas weed- free and maintain tree well irrigation system in accordance with Section 25 of these Specifications. Mulching of tree wells is required as needed and/or as directed by Special Districts. 18. NATURAL, BRUSHED, MANUFACTURED, HYDROMULCHED SLOPE CARE 18.1. 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. 18.2. 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/. 18.3. 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. 18.4. 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: 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. 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 LMD 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. When weeding or brush removal is required, the required weeding shall be completed as soon as possible and shall be completed throughout an LMD within a maximum period of 30 days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. 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. 18.5. 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. 18.6. The maintenance of the manufactured slopes requires that the planted slopes be weeded 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 19 and 20 of these Specifications. 19. USE OF INTEGRATED PEST MANAGEMENT 19.1. 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. 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. 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. 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. 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. 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. 20. GENERAL CLEAN-UP 20.1. Contractor shall at their sole expense under the terms of this agreement perform the following services: 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 LMD staff in advance. 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. 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. 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: a. Gum, b. Animal feces, c. Grease, d. Paint, e. Graffiti, f. Glass and debris All walkway cracks and expansion joints shall be maintained weed and grass free at all times. 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. Diversion: The Contractor will 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: a. All drains and catch basins shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LMD are functioning properly at all times b. All LMD 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. c. All LMD 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) d. 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. e. 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. 21. MAINTENANCE INSPECTIONS 21.1. The Contractor shall perform a maintenance inspection of all facilities on a weekly basis within the LMD 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/faq.php 21.2. 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 (1) week prior to the date of inspection. In addition, bi-weekly interim inspections may be made by Special Districts if deemed necessary by LMD Staff. 22. WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR 22.1. All irrigation systems within the LMD areas designated in these specifications will be repaired and maintained as required for proper operation by the Contractor; excluding programming which is included in the contract. Irrigation repairs 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/uploadedFiles/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf Scope of Responsibility: The contractor shall maintain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of: a. Irrigation Programming b. Irrigation Station Identification/Location c. Irrigation Heads d. Remote Control Valves e. Flow Sensors f. Flow Sensor Programming g. PVC Piping (Including mainline and laterals) h. Quick Couplers i. Risers j. Swing Joints k. Check Valves l. Irrigation Booster Pumps m. Solar Controllers/Valves n. Battery Operated Controllers/Valves o. Valve Boxes, Quick Coupler Boxes, Etc. p. Irrigation Controller Programming and Setup Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. 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 required to sustain and prevent loss of trees, annuals, perennial plants, and ground covers or when automatic systems are not functioning properly. 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. 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 LMD will provide a password for access. 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. 22.2. The contractor will be responsible to complete the following WeatherTrak training through HydroPoint University: Level 1 – WeatherTrak Basic Systems Training. Proof of completion to be provided with proposal submission. Additional trainings are available and participation is encouraged. 22.3. Controllers: 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. 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 LMD will provide a username/password for access. 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. a. Severe Alerts to be resolved within 24 hours. b. Major Alerts to be resolved within 5 working days 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 LMD 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. 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. 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. 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.). 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. 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). 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. Contractor shall utilize “cycle & soak” in programming in order to eliminate excessive run- off. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by The City of Santa Clarita. When available, copies of controller maps shall be kept in enclosures at all times. 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. 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. 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. Only 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. The Contractor shall test the soil in 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. 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 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. 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. It is required that soil conditions be constantly monitored with a soil probe to ensure that over-saturation of the soil does not occur. 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. 22.4. Operation of Systems: 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). 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 trees, annuals, perennial plants, and ground covers when automatic systems are not functioning. 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. 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 LMD for review. Contractor shall adjust and clean as necessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate. Contractor shall be responsible for hand-watering any pots not provided with an irrigation system to maintain plants and promote optimum growth. 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. 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. 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. 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. 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 sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis. 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. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed. 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. 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. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur. 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. 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. 22.5. Repairs: All pop-up heads should be assembled on triple swing joints. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance. All remote-control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency. 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. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis. 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). 22.6. Conversation: 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. 22.7. 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 Santa Clarita is subjected to. 23. MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS 23.1. Hardscape surfaces, walkways, service roads and drainage systems 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 LMD Monitor or directly to City Staff. 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. Contractor shall be responsible for sweeping/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LMD Staff or as requested by Special Districts. All debris must be collected and removed. 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 11. 24. GRAFFITI ERADICATION AND CONTROL 24.1. 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/technology- services/egraffiti 24.2. 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 5. 24.3. 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. 25. DECOMPOSED GRANITE 25.1. 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. 26. FUTURE/ADDITIONAL MAINTENANCE AREAS 29.1.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 & B2) in this document for similar landscape/terrain. RESPONSE FORMAT AND SELECTION CRITERIA PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format. 1.1. RESPONSE FILE: 1.1.1. Introduction – A general introduction and description of the proposal shall be provided. The format of the introduction is at the discretion of the contractor. 1.1.2. Background – Provide insight to your company and its resources. Explain the company background and philosophy and what qualifies this company to be a successful candidate for the City’s contract. 1.1.3. Scope of Work – Describe the work program. Identify how the objectives of the specifications will be performed. Relate the business practices to the specific tasks required and explain the proposed method for adhering to the landscape maintenance requirements. Include contractor’s approach to the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas, problem resolution, and any other areas that explain how the work will be performed and managed. 1.1.4. Schedule – Describe the time schedule for each proposed task and area rotation. Provide staff descriptions and quantity on daily, weekly, monthly, and seasonal timelines. Proposed work periods and completion dates, as well as any anticipated meeting dates, should also be identified. 1.1.5. Personnel, Equipment, and Facilities – Describe the personnel qualifications, equipment to be provided, and numbers of both dedicated to the areas for this contract. Explain/show the reasoning for the type, number and composition of staff and equipment for this contract and how the cost of such provides adequate or superior value to the contract. 1.1.6. Exhibits – The documents within Section D are required to be submitted with the proposal response and can be referred to throughout the RFP. However, expansion on all aspects listed above is strongly encouraged. See Document Checklist for more details. 1.2. COST FILE: 1.2.1. Statement of Offer and Signature – The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work. 1.2.2. All proposals must be submitted according to specifications set forth in this section. Failure to adhere to these specifications may be cause for rejection of proposal. 1.2.3. Cost File must be submitted separately from the Response File. 2. PROPOSAL EVALUATION AND CONTRACTOR SELECTION – An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the proposer with the highest technical ranking nor award to the Proposer with the lowest Cost Proposal if doing so would not be in the overall best interest of the City. The overall criteria is listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. 2.1. SELECTION CRITERIA: 2.1.1. Team Composition: Contractor qualifications, staff qualifications, and number of staff provided. (Includes but not limited to Section 3 and Exhibits E & G1-G2) 2.1.2. Rotation Schedule: Use and mobilization of resources. Proposed timeline to service all areas. (Includes but not limited to as described in Section 3 and Exhibit E) 2.1.3. Acknowledgement & Successful Understanding of Scope of Work: Proposed method and guidelines for adhering to the landscape maintenance requirements to include but not limited to: Description and clarity of approach in the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas and problem resolution. (Includes but not limited to Exhibits D & J) 2.1.5. References (Included but not limited to Exhibits C, F & I) 2.1.4. Cost of services provided (Exhibits A & B1-B2) 2.1.5. Value: Cost in relation to manpower. What makes the contractor the best candidate to provide the services requested. (Includes but not limited to Exhibits A, B1, B2, D, G1-G2) During the selection process, the evaluation panel may wish to interview proposers with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact. SECTION C Sample Agreement SAMPLE ONLY CON-6 Council Approval Date:________ Agenda Item: ________ Contract Amount:________ MAINTENANCE AGREEMENT 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: CONSIDERATION. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and A. As additional consideration, CITY agrees to pay CONTRACTOR an amount as 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 , to . The Agreement may be renewed upon mutual consent of the parties. SCOPE OF SERVICES. CONTRACTOR will perform services listed in the attached Exhibit “ .” 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. 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. 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 ContractDocuments 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 http://www.dir.ca.gov/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. CONTRACTOR and its Subcontractors must keep accurate payroll records, showingthe 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. 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. FAMILIARITY WITH WORK. 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 Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 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. 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. 3. 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 Limits (combined single) Commercial general liability: $1,000,000/$2,000,000 (aggregate) Business automobile liability $1,000,000 Workers compensation 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 of $1,000,000 per occurrence, $2,000,000 general aggregate, 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. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and 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 penalty. H. Should Contractor’s insurance required by this Agreement be cancelled at any 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. I. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. J. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self- insurance shall be called upon to protect it as a named insured. 4. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and CITY gives CONTRACTOR a written Notice to Proceed. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk. TERMINATION. CITY may terminate this Agreement at any time with or without cause. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 5. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Contractor’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement the Contractor shall provide a defense to the CITY indemnitees or at the CITY’S option reimburse the CITY indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims. 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. NOTICES. 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: 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. 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. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 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, nor will it be deemed to constitute a continuing waiver. 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. 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. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 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. 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. 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. 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. 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. 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. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. 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. 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. ELECTRONIC TRANSMISSION 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) IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONTRACTOR: IF CORPORATION: By: By: Print Name & Title Print Name & Title Date: Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Fringe Benefit Statement Contract/Proposal No:Project Name:Date: INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below. THIS DOCUMENT CONTAINS PERSONAL INFORMATION AND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE. Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date: Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date: Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications be made. I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE. City of Santa Clarita Form HC-50 FBS (Contractor/Subcontractor)By (Name and Title) eSignature SECTION D Exhibits EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1. LMD Zone 17 $ ____________________x 12 months $ Total (Column B) Total proposed amount annually, in legibly printed words: ______________________________________________________________________________ EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency Irrigation Laborer $_____ per hour $_____ per hour Landscape Laborer $_____ per hour $_____ per hour QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped SF 500 $ $ 1. with turf. Price for maintenance of landscape with 2. SF 1,000 $ $ trees, shrubs, and ground cover. Price for maintenance of landscaped, 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ shrub. Price for installation of five (5) gallon 5. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 7. EA 5 $ $ tree. Price for installation of twenty-four-inch 8. EA 2 $ $ (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 2021, 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 Class C-27 California Landscaping Contractor License. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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. EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. 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 Started Date Completed 2. _________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed 3. _________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. 1. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 2. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 3. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 4. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 5. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 6. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 7. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10. Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form for the following zone: T17. Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: ___T17____ Supervisors Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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: _______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ 3. ___________________________________________________________________________________ 4. ___________________________________________________________________________________ 5. ___________________________________________________________________________________ 6. ___________________________________________________________________________________ 7. ___________________________________________________________________________________ 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Zone T17 Landscape Maintenance. 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:Date: *Estimator’s Signature:Date: *Owner’s Signature:Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. SUMMARY OF CONTRACTUAL REQUIRMENTS a. A contract is required for any service performed on behalf of the City of Santa Clarita (City). b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3. INDEMNIFICATION a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2)any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h. The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________ SECTION E Attachments Monthly – Weekly – ATTACHMENT A1 Daily (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) ATTACHMENT A2 EXAMPLE OF TYPICAL MAINTENANCE PROGRAM Semi-Annual and Annual (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) HOLIDAYDATE CELEBRATED Monday, January 2 New Year’s Day 2023 Monday, January 16 Martin Luther King Jr. Day Monday, February 20 President’s Day Monday, May 29 emorial Day M Monday, June 19 Juneteenth Tuesday, July 4 Independence Day Monday, September 4 Labor Day Monday, October 9 Columbus & Indigenous People’s Day Friday, November 10 Veterans Day Thursday, November 23 Thanksgiving Day Friday, November 24 Day after Thanksgiving 1/2 Day for Christmas Eve Friday, December 22 Christmas Day Monday,December 25 1/2 Day for New Year’s Eve Friday, December 29 If a holiday should fall on a Saturday, it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. In addition to the scheduled holidays identified above, full-time employees receive one floating holiday granted on January 1. This is a “free” day which may be used at any time before the end of the calendar year with prior approval ofthe Department Head and/or Division Manager. Attachment P Inventory List: Zone T-17 Item # DescriptionAPPROXIMATE Estimated Quantity Square Footage Irrigated Slope 1 117,400 Non-irrigated Landscape 2 53,070 Backflow devices 3 2 Irrigation controllers 4 2 Irrigation enclosures 5 2 REQUEST FOR PROPOSALS LMD Zone T17 Landscape Maintenance PROPOSAL # LMD-23-24-7 TABLE OF CONTENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California SECTION A REQUEST FOR PROPOSALS PROPOSAL INSTRUCTIONS DOCUMENT CHECKLIST SECTION B SCOPE OF WORK RESPONSE FORMAT AND SELECTION CRITERIA SECTION C SAMPLE MAINTENANCE AGREEMENT FRINGE BENEFIT STATEMENT SECTION D EXHIBIT A: COST PROPOSAL EXHIBIT B1: ADDITIONAL PRICING EXHIBIT B2: ADDITIONAL PRICING CONTINUED EXHIBIT C: VIOLATION RECORDS EXHIBIT D: PROACTIVE APPROACH FORM EXHIBIT E: DESIGNATION OF SUBCONTRACTORS EXHIBIT F: REFERENCES EXHIBIT G1: STAFF EXHIBIT G2: STAFF HOURS EXHIBIT H: EQUIPMENT REQUIREMENTS EXHIBIT I: CERTIFICATIONS EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS SECTION E MAINTENANCE SCHEDULE EXAMPLE – DAILY – ANNUAL MAINTENANCE MAP(S) HOLIDAY SCHEDULE INVENTORY LISTS SECTION A RFP Information & Instructions CITY OF SANTA CLARITA REQUEST FOR PROPOSALS Project Name: LMD Zone T17 Landscape Maintenance Proposal #: LMD-23-24-7 Last Day for Questions: August 29, 2023 before 11:00 AM (PT) Proposal Closing: September 5, 2023 before 11:00 AM (PT) License(s) Required: Class C-27 California Landscaping Contractor License Project Description: The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-17 (Rainbow Glen) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. Prevailing Wage: Yes Bond Requirements: No Contact Information: Mariela Delgado | (661) 286-4066 |mdelgado@santa-clarita.com Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. Required Contractor & Subcontractor Registration: Only proposals submitted by proposers (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted. Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120. RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non- responsive and rejected. Dates Published: August 4, 2023 PROPOSAL INSTRUCTIONS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. SUBMITTING PROPOSALS. 1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet). 1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price. 1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected. 3. AWARDS. 3.1. The City reserves the right to waive any informality in any proposal. 3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations. The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so. 3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so. 3.4. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours. 4. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. 4.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 4.2. If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered. 4.3. Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 5. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 6. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 7. INVOICES. Invoices will be forwarded to: City of Santa Clarita Special Districts Division Attn: Dan Hamrick 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 8. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 \[with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)\]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 9. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section. 10. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the City Council approved City of Santa Clarita Combined Engineer’s Report for Landscape Maintenance Districts. Pursuant to Section I of the Engineer’s Report, the maximum assessment rate may increase each fiscal year based on the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer. 12. CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a Class C-27 California Landscaping Contractor License with proposal response. Failure to possess the specified license shall render the proposal as non-responsive and shall act as a bar to award the contract to any proposer not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. 13. PREVAILING WAGES. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but notlimited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such. 14. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. Each proposer must submit with their proposal the following: The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. The address of each firm. The telephone number at the place of business. Work to be performed by each subcontracting firm. Total approximate dollar amount of each subcontract. Copies of subcontracts will be provided to the City Engineer upon their request. 15. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet. DOCUMENTS CHECKLIST PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. The following documents must be provided by ALL proposers: Uploaded via BidNet (see Section D: Exhibits) Response File Cost File(s) – to be submitted separately from the Response File: o Exhibit A: Cost Proposal o Exhibit B1: Additional Pricing o Exhibit B2: Additional Pricing Continued Exhibit C: Violation Records Exhibit D: Proactive Approach Form Exhibit E: Designation of Subcontractors Exhibit F: References Exhibit G1: Staff Exhibit G2: Staff Hours Exhibit H: Equipment Requirements Exhibit I: Certifications Exhibit J: Acknowledgement & Acceptance of Scope of Work Exhibit K: Notice to Proposers Regarding Contractual Requirements Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi-Annual, Annual (see examples in Section F) Rotation Schedule (Maintenance Map showing frequency of work within designated areas/sections) All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Dan Hamrick Maintenance Agreement Insurance Required by Contract W-9 Form Fringe Benefit Statement SECTION B Solicitation Information SCOPE OF WORK PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California EVENT DATE Solicitation advertisement August 4, 2023 Last day for questions August 29, 2023 Return of proposals September 5, 2023 Evaluations of proposals September 5 - 12, 2023 *Dates are subject to change at the City’s discretion* 1.BACKGROUND The City of Santa Clarita (City) administers 62 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services for the LMD operations through contracts with private companies. Solicitations for proposals to support contract services are made regularly and often allow an opportunity for multiple zones to take advantage of economies of scale. The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-17 (Rainbow Glen) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. The following general Scope of Work applies to the areas of the City’s LMD Zones T-17 (Rainbow Glen) area. All items in this Scope of Work, unless indicated as Additional Work, shall be considered as included in the monthly maintenance cost of this zone. Please consider this when submitting your quote. All items indicated as Additional Work shall be requested on an “as needed” basis. This Contract shall run for (2) years with the option for three (3) additional one (1) year renewals. 2. GENERAL REQUIREMENTS 2.1. 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 (LMD) 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. 2.2. City of Santa Clarita Landscape Maintenance District (LMD) administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager, or the Administrative Services Director, shall herein be described as Special Districts. 2.3. 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, and ground cover 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. 2.4. Contractor must provide all-inclusive labor and equipment for landscape, grounds and maintenance services including, but not limited to: 85% hand pruning and 15% mechanical; Select prune shrubs to the natural shape of the plant according to its species throughout the year to encourage healthy growth habits according horticultural best practices; Fertilization application; Irrigation; minor and major repairs; Hand watering (as necessary); Bleeding of valves necessary during emergencies and/or when automatic systems are not functioning properly; Pruning of shrubs and trees (first twelve vertical feet measured from the ground); Trimming of shrub areas, and ground cover; Keeping minimum eighteen (18) inch clearance from fence lines behind homes; Disease control; Pest control; Tree maintenance; (first 12’ of trees and as agreed) structural pruning per ANSI Best Management Practices; Inspection, maintenance and repairs of irrigation systems; Mulching (City provided mulch); will be disbursed by the contractor at their expense; Manual weed abatement; Chemical weed control; Maintenance of fire protection/fuel modification areas; Marking underground irrigation lines and other LMD equipment upon Dig Alert notification and/or other requests; Traffic control (per Watch Manual) while working in the public right of way, medians, and parkways; Litter pickup, doggie litter removal, trash bags removed and replaced from receptacles (City provided dog waste bags; City-reimbursed trash bags - Contractor’s cost plus no more than 15%); Irrigation Specialist, Irrigation Assistant, Laborers and Foreman are provided as proposed at minimum and as necessary to provide the expected level of maintenance. 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 A1 & 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 “Team Composition” and “Rotation Schedule” that will serve as the expected minimum 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. 2.5. Inclement Weather and Adverse Conditions Unless determined to be an unsafe working condition, on days of light precipitation and/or forecasted rain the contractor shall continue to be present as scheduled performing alternative tasks, such as but not limited to the following; monitoring of drainage devices, drain inlet clearing, maintaining/cleaning of walkways, debris removal within planting areas, hand pruning of shrubs, etc., or as directed by Special Districts. During periods of extremely adverse and inclement weather, the Contractor shall be present as scheduled performing inspections of the maintained areas, maintaining drainage devices for proper flow, as well as monitoring the overall state of the site and reporting any concerns in regards to safety and property during regular assigned hours. Contractor shall report any storm damage or issues related to inclement weather/adverse conditions to Special Districts within 24 hours of occurrence. All storm damages must be photo documented prior to any removal or clean up. If remedial work is required beyond the scope of the contract, it may be paid as additional work upon approval by Special Districts. 2.6. 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: Landscape refurbishment; tree, shrub, and ground cover installation; Irrigation system refurbishment and/or repair; Construction and/or storm related operations; Emergency response operations; Electrical repairs; Tree Trimming / Tree planting / Tree counting; Concrete removal and replacement, block wall and brick repairs; Fence installation and repairs, wood, vinyl, and Crete Rail; Integrated pest management / Chemical applications to trees; Streetscape furniture cleaning and pressure washing of walkways and appurtenances. At the discretion of LMD, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract. 2.7. 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. 2.8. 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 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. 2.9. 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. 2.10. 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. 2.11. Contractor’s employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of WeatherTrak 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. 2.12. Contractor shall provide cellular communication to each crew foreman and have the ability to connect to City Monitors and Special Districts representatives. 2.13. 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 an as-needed basis. The Contractor must submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission. 2.14. 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. 3. LANDSCAPE AREAS TO BE MAINTAINED 3.1. The LMD areas to be maintained under the provisions of this Agreement are specifically identified in Attachment B. 3.2. 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 LMD for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LMD areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or alteration. 4. CERTIFICATIONS/REPORTS/RECORDS 4.1. Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing Wage Certification Report which shall be made available to LMD 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. 4.2. 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. 4.3. 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: Quantity and complete description of all commercial and organic fertilizer(s) used. Quantity and label description of all grass seed used. Quantity and complete description of all soil amendments used. 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. 4.4. 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. 4.5. Violation Records: The awarded contractor shall not have two (2) or more Cal-OSHA 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). 5. ADDITIONAL WORK 5.1. 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. 5.2. 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. 5.3. 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. 5.4. All additional (or 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. 6. CONTRACTOR’S LIABILITIES 6.1. All damages resulting from Contractor's operation within the LMD areas shall be repaired or replaced at Contractor's expense within 48 hours. 6.2. All such repairs or replacements shall be completed within the following time limits. Irrigation damage shall be repaired or replaced prior to the next regularly scheduled watering event or as agreed upon with Special Districts. 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. All concrete walkway, block walls, light poles, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LMD staff. 6.3. All repairs or replacements shall be completed in accordance with the following maintenance practices. 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. Shrubs: Minor damage may be corrected by appropriate pruning as required in Section 19, "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 19 "Shrub and Ground Cover Care" of the Specifications. 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. 7. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 7.1. 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. 7.2. 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. 8. OFFICE INQUIRIES AND COMPLAINTS 8.1. Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Homeowners Associations, property owners, and tenants within said LMD 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, shall be available for notification by telephone or text communication. 8.2. Whenever immediate action is required to prevent impending injury, death, or property damage to the LMD 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. 8.3. 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. 8.4. 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. 9. SAFETY 9.1. 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. 9.2. It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the LMD 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: Filling holes in planting areas, and paving; Using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards; 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. 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. 9.3. 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. 9.4. Contractor agrees to report any signs of homeless encampment activity, including but not limited to, trash/debris, personal items, homeless persons present, etc. immediately to LMD Office staff for appropriate actions to be taken by internal City staff. Contractor staff are not to approach any homeless persons in the zones and should seek advice from LMD staff accordingly. 10. HOURS AND DAYS OF MAINTENANCE SERVICES 10.1. 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 C) “2023 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 C) 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 City of Santa Clarita limits in accordance with ordinance 11.44.010. 10.2. 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. 10.3. For the purpose of this contract, “work” time in the field excludes lunch, breaks, and travel time to and from the contractor’s yard. Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. A legal day’s work shall constitute eight (8) hours of labor under this Agreement, and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than 8 hours during any one day or more than 40 hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of $25 for each laborer, worker, or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than 8 hours in any one calendar day or 40 hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. MAINTENANCE SCHEDULES 10.4. 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 LMD 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. 10.5. 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. 10.6. Contractor shall notify Special Districts, in writing, at least one (1) week prior to the date and time of all the following maintenance operations: Fertilization; Micro-Nutrients/Soil Amendments; Spraying of Trees and Shrubs; Aesthetic/Structural Tree and Shrub Pruning; Preventative disease control; Transplanting of small and medium sized plants; Lane closures notification for median or parkway maintenance is required; Other Items as Determined by Special Districts 10.7. 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 11.1. 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. 11.2. 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 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 LMD covered under this Agreement. 11.3. LMD 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 LMD. 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 LMD staff as necessary. 12. SIGNS/IMPROVEMENTS 12.1. Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefore is obtained from LMD Special Districts. 13. UTILITIES 13.1. 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 14.1. Contractor shall not interfere with the public use of the LMD 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 15.1. 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. 15.2. 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. 15.3. 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. 15.4. 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. 15.5. 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. 15.6. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 15.7. 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 16.1. 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. SHRUB AND GROUND COVER CARE 16.2. 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. 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. Disease and Insect Control: All LMD areas are to be maintained free of disease and insects and treated when needed pursuant to Section 22. Weed Control: All ground cover and shrub beds are to be kept weed free at all times. Methods for control shall incorporate the following: a. Mulch application to 3” layer 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 LMD staff. Such removal will be considered an extra and will require submittal of a proposal and approval by LMD staff.) b. Hand removal c. Cultivation d. Chemical eradication using non-residual herbicides 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 “additional work” as described in Section 4 and/or Exhibit B2: 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. Fertilization: Application of an LMD 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 LMD staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization. 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 25 shall apply to trees, shrubs, and ground cover. Diversion Requirements: In keeping with State mandated requirements, the LMD 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. 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 LMD 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 healthy vigorous 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.) 17. TREE CARE 17.1. Contractor under the terms of this agreement shall perform the following services: Tree Maintenance a. 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. Wound dressings are never used on any tree pruning cuts. b. All sucker growth is to be removed from trees as it occurs. c. Maintain an 8-foot clearance for branches overhanging walkways and public sidewalks. d. Report insects and tree diseases to Special Districts Inspector. e. Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees. f. Tree stakes shall be pentachlorophenol 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. g. 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. h. Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. i. Broken branches are to be removed immediately whether they are in the tree or on the ground. j. All tree wells in sidewalks within the maintenance areas’ boundaries to be kept weed free and mulched where applicable. 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 LMD, 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. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor. Tree Replacement: All trees permanently damaged as a result of action or inaction by the contractor will be replaced as provided for under Section 6 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 required during the establishment period. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by use of “Maintain,” "Florel" or other approved product. Two (2) applications shall be required 7-10 days apart. The first application shall be applied when ½ to ¾ 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”. 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”. 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. 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. Street Tree Wells: Contractor is responsible to keep all tree wells within LMD areas weed- free and maintain tree well irrigation system in accordance with Section 25 of these Specifications. Mulching of tree wells is required as needed and/or as directed by Special Districts. 18. NATURAL, BRUSHED, MANUFACTURED, HYDROMULCHED SLOPE CARE 18.1. 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. 18.2. 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/. 18.3. 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. 18.4. 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: 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. 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 LMD 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. When weeding or brush removal is required, the required weeding shall be completed as soon as possible and shall be completed throughout an LMD within a maximum period of 30 days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. 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. 18.5. 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. 18.6. The maintenance of the manufactured slopes requires that the planted slopes be weeded 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 19 and 20 of these Specifications. 19. USE OF INTEGRATED PEST MANAGEMENT 19.1. 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. 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. 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. 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. 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. 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. 20. GENERAL CLEAN-UP 20.1. Contractor shall at their sole expense under the terms of this agreement perform the following services: 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 LMD staff in advance. 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. 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. 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: a. Gum, b. Animal feces, c. Grease, d. Paint, e. Graffiti, f. Glass and debris All walkway cracks and expansion joints shall be maintained weed and grass free at all times. 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. Diversion: The Contractor will 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: a. All drains and catch basins shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LMD are functioning properly at all times b. All LMD 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. c. All LMD 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) d. 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. e. 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. 21. MAINTENANCE INSPECTIONS 21.1. The Contractor shall perform a maintenance inspection of all facilities on a weekly basis within the LMD 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/faq.php 21.2. 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 (1) week prior to the date of inspection. In addition, bi-weekly interim inspections may be made by Special Districts if deemed necessary by LMD Staff. 22. WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR 22.1. All irrigation systems within the LMD areas designated in these specifications will be repaired and maintained as required for proper operation by the Contractor; excluding programming which is included in the contract. Irrigation repairs 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/uploadedFiles/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf Scope of Responsibility: The contractor shall maintain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of: a. Irrigation Programming b. Irrigation Station Identification/Location c. Irrigation Heads d. Remote Control Valves e. Flow Sensors f. Flow Sensor Programming g. PVC Piping (Including mainline and laterals) h. Quick Couplers i. Risers j. Swing Joints k. Check Valves l. Irrigation Booster Pumps m. Solar Controllers/Valves n. Battery Operated Controllers/Valves o. Valve Boxes, Quick Coupler Boxes, Etc. p. Irrigation Controller Programming and Setup Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. 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 required to sustain and prevent loss of trees, annuals, perennial plants, and ground covers or when automatic systems are not functioning properly. 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. 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 LMD will provide a password for access. 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. 22.2. The contractor will be responsible to complete the following WeatherTrak training through HydroPoint University: Level 1 – WeatherTrak Basic Systems Training. Proof of completion to be provided with proposal submission. Additional trainings are available and participation is encouraged. 22.3. Controllers: 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. 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 LMD will provide a username/password for access. 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. a. Severe Alerts to be resolved within 24 hours. b. Major Alerts to be resolved within 5 working days 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 LMD 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. 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. 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. 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.). 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. 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). 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. Contractor shall utilize “cycle & soak” in programming in order to eliminate excessive run- off. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by The City of Santa Clarita. When available, copies of controller maps shall be kept in enclosures at all times. 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. 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. 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. Only 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. The Contractor shall test the soil in 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. 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 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. 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. It is required that soil conditions be constantly monitored with a soil probe to ensure that over-saturation of the soil does not occur. 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. 22.4. Operation of Systems: 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). 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 trees, annuals, perennial plants, and ground covers when automatic systems are not functioning. 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. 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 LMD for review. Contractor shall adjust and clean as necessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate. Contractor shall be responsible for hand-watering any pots not provided with an irrigation system to maintain plants and promote optimum growth. 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. 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. 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. 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. 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 sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis. 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. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed. 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. 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. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur. 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. 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. 22.5. Repairs: All pop-up heads should be assembled on triple swing joints. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance. All remote-control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency. 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. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis. 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). 22.6. Conversation: 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. 22.7. 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 Santa Clarita is subjected to. 23. MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS 23.1. Hardscape surfaces, walkways, service roads and drainage systems 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 LMD Monitor or directly to City Staff. 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. Contractor shall be responsible for sweeping/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LMD Staff or as requested by Special Districts. All debris must be collected and removed. 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 11. 24. GRAFFITI ERADICATION AND CONTROL 24.1. 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/technology- services/egraffiti 24.2. 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 5. 24.3. 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. 25. DECOMPOSED GRANITE 25.1. 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. 26. FUTURE/ADDITIONAL MAINTENANCE AREAS 29.1.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 & B2) in this document for similar landscape/terrain. RESPONSE FORMAT AND SELECTION CRITERIA PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format. 1.1. RESPONSE FILE: 1.1.1. Introduction – A general introduction and description of the proposal shall be provided. The format of the introduction is at the discretion of the contractor. 1.1.2. Background – Provide insight to your company and its resources. Explain the company background and philosophy and what qualifies this company to be a successful candidate for the City’s contract. 1.1.3. Scope of Work – Describe the work program. Identify how the objectives of the specifications will be performed. Relate the business practices to the specific tasks required and explain the proposed method for adhering to the landscape maintenance requirements. Include contractor’s approach to the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas, problem resolution, and any other areas that explain how the work will be performed and managed. 1.1.4. Schedule – Describe the time schedule for each proposed task and area rotation. Provide staff descriptions and quantity on daily, weekly, monthly, and seasonal timelines. Proposed work periods and completion dates, as well as any anticipated meeting dates, should also be identified. 1.1.5. Personnel, Equipment, and Facilities – Describe the personnel qualifications, equipment to be provided, and numbers of both dedicated to the areas for this contract. Explain/show the reasoning for the type, number and composition of staff and equipment for this contract and how the cost of such provides adequate or superior value to the contract. 1.1.6. Exhibits – The documents within Section D are required to be submitted with the proposal response and can be referred to throughout the RFP. However, expansion on all aspects listed above is strongly encouraged. See Document Checklist for more details. 1.2. COST FILE: 1.2.1. Statement of Offer and Signature – The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work. 1.2.2. All proposals must be submitted according to specifications set forth in this section. Failure to adhere to these specifications may be cause for rejection of proposal. 1.2.3. Cost File must be submitted separately from the Response File. 2. PROPOSAL EVALUATION AND CONTRACTOR SELECTION – An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the proposer with the highest technical ranking nor award to the Proposer with the lowest Cost Proposal if doing so would not be in the overall best interest of the City. The overall criteria is listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. 2.1. SELECTION CRITERIA: 2.1.1. Team Composition: Contractor qualifications, staff qualifications, and number of staff provided. (Includes but not limited to Section 3 and Exhibits E & G1-G2) 2.1.2. Rotation Schedule: Use and mobilization of resources. Proposed timeline to service all areas. (Includes but not limited to as described in Section 3 and Exhibit E) 2.1.3. Acknowledgement & Successful Understanding of Scope of Work: Proposed method and guidelines for adhering to the landscape maintenance requirements to include but not limited to: Description and clarity of approach in the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas and problem resolution. (Includes but not limited to Exhibits D & J) 2.1.5. References (Included but not limited to Exhibits C, F & I) 2.1.4. Cost of services provided (Exhibits A & B1-B2) 2.1.5. Value: Cost in relation to manpower. What makes the contractor the best candidate to provide the services requested. (Includes but not limited to Exhibits A, B1, B2, D, G1-G2) During the selection process, the evaluation panel may wish to interview proposers with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact. SECTION C Sample Agreement SAMPLE ONLY CON-6 Council Approval Date:________ Agenda Item: ________ Contract Amount:________ MAINTENANCE AGREEMENT 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: CONSIDERATION. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and A. As additional consideration, CITY agrees to pay CONTRACTOR an amount as 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 , to . The Agreement may be renewed upon mutual consent of the parties. SCOPE OF SERVICES. CONTRACTOR will perform services listed in the attached Exhibit “ .” 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. 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. 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 ContractDocuments 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 http://www.dir.ca.gov/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. CONTRACTOR and its Subcontractors must keep accurate payroll records, showingthe 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. 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. FAMILIARITY WITH WORK. 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 Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 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. 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. 3. 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 Limits (combined single) Commercial general liability: $1,000,000/$2,000,000 (aggregate) Business automobile liability $1,000,000 Workers compensation 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 of $1,000,000 per occurrence, $2,000,000 general aggregate, 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. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and 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 penalty. H. Should Contractor’s insurance required by this Agreement be cancelled at any 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. I. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. J. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self- insurance shall be called upon to protect it as a named insured. 4. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and CITY gives CONTRACTOR a written Notice to Proceed. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk. TERMINATION. CITY may terminate this Agreement at any time with or without cause. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 5. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Contractor’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement the Contractor shall provide a defense to the CITY indemnitees or at the CITY’S option reimburse the CITY indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims. 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. NOTICES. 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: 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. 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. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 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, nor will it be deemed to constitute a continuing waiver. 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. 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. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 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. 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. 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. 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. 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. 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. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. 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. 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. ELECTRONIC TRANSMISSION 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) IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONTRACTOR: IF CORPORATION: By: By: Print Name & Title Print Name & Title Date: Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Fringe Benefit Statement Contract/Proposal No:Project Name:Date: INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below. THIS DOCUMENT CONTAINS PERSONAL INFORMATION AND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE. Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date: Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date: Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications be made. I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE. City of Santa Clarita Form HC-50 FBS (Contractor/Subcontractor)By (Name and Title) eSignature SECTION D Exhibits EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1. LMD Zone 17 $ ____________________x 12 months $ Total (Column B) Total proposed amount annually, in legibly printed words: ______________________________________________________________________________ EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency Irrigation Laborer $_____ per hour $_____ per hour Landscape Laborer $_____ per hour $_____ per hour QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped SF 500 $ $ 1. with turf. Price for maintenance of landscape with 2. SF 1,000 $ $ trees, shrubs, and ground cover. Price for maintenance of landscaped, 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ shrub. Price for installation of five (5) gallon 5. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 7. EA 5 $ $ tree. Price for installation of twenty-four-inch 8. EA 2 $ $ (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 2021, 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 Class C-27 California Landscaping Contractor License. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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. EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. 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 Started Date Completed 2. _________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed 3. _________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. 1. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 2. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 3. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 4. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 5. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 6. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 7. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10. Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form for the following zone: T17. Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: ___T17____ Supervisors Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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: _______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ 3. ___________________________________________________________________________________ 4. ___________________________________________________________________________________ 5. ___________________________________________________________________________________ 6. ___________________________________________________________________________________ 7. ___________________________________________________________________________________ 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Zone T17 Landscape Maintenance. 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:Date: *Estimator’s Signature:Date: *Owner’s Signature:Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. SUMMARY OF CONTRACTUAL REQUIRMENTS a. A contract is required for any service performed on behalf of the City of Santa Clarita (City). b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3. INDEMNIFICATION a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2)any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h. The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________ SECTION E Attachments Monthly – Weekly – ATTACHMENT A1 Daily (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) ATTACHMENT A2 EXAMPLE OF TYPICAL MAINTENANCE PROGRAM Semi-Annual and Annual (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) HOLIDAYDATE CELEBRATED Monday, January 2 New Year’s Day 2023 Monday, January 16 Martin Luther King Jr. Day Monday, February 20 President’s Day Monday, May 29 emorial Day M Monday, June 19 Juneteenth Tuesday, July 4 Independence Day Monday, September 4 Labor Day Monday, October 9 Columbus & Indigenous People’s Day Friday, November 10 Veterans Day Thursday, November 23 Thanksgiving Day Friday, November 24 Day after Thanksgiving 1/2 Day for Christmas Eve Friday, December 22 Christmas Day Monday,December 25 1/2 Day for New Year’s Eve Friday, December 29 If a holiday should fall on a Saturday, it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. In addition to the scheduled holidays identified above, full-time employees receive one floating holiday granted on January 1. This is a “free” day which may be used at any time before the end of the calendar year with prior approval ofthe Department Head and/or Division Manager. Attachment P Inventory List: Zone T-17 Item # DescriptionAPPROXIMATE Estimated Quantity Square Footage Irrigated Slope 1 117,400 Non-irrigated Landscape 2 53,070 Backflow devices 3 2 Irrigation controllers 4 2 Irrigation enclosures 5 2 City of Santa Clarita LMD Zone T17 Landscape Maintenance Proposal #LMD-23-24-7 Landscape Maintenance Services Proposal September 5, 2023 City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 To Whom It May Concern: Thank you for allowing Marina Landscape Services, Inc. the opportunity to submit our landscape maintenance services proposal for LMD Zones T17 Landscape Maintenance Proposal #LMD-23- 24-7. Marina Landscape Services is a full-service landscape management company dedicated to providing exceptional customer service in the Southern California sector for over 35 years. Marina Landscape Services has established the benchmark of quality and service with our experienced team of professionals and technicians. Our desire is to provide with the most attentive, reliable and professional landscape maintenance service in the industry. Marina Landscape Services has been recognized by our clients, as well as, our peers for our quality landscape management and water management practices. Our first goal as your service provider will be to conduct a complete irrigation audit and initiate proper programming and scheduling of the irrigation system. A report will be provided to the Landscape Maintenance District (LMD) administrator with proactive suggestions and recommendations to ensure continuous improvements to the irrigation system and landscape at LMD Zone T-17 (Rainbow Glen). Marina Landscape Services has developed and provided a detailed maintenance schedule for the landscaped areas in LMD Zone T-17 (Rainbow Glen). This schedule will serve as an essential communication tool for the LMD administrator to have a thorough understanding of our service plan. These maintenance routines will be initiated and reviewed as required to maintain service levels, as well as, to provide a consistent quality and appearance. Enclosed, please find our landscape maintenance services proposal for LMD Zone T-17 (Rainbow Glen). Marina Landscape Services, Inc. will furnish all labor, equipment, tools, services and special skills required to execute the landscape maintenance specifications set forth in this request for proposal. The services include, but are not limited to; mowing, trimming, edging, pruning, fertilization, pre-emergent herbicide application, weed control, minor tree care, plant replacements, and cleanup and clearing of drainage systems and maintenance of fuel modification areas. These maintenance management practices will be performed to maintain the landscape in an attractive and healthy condition at all times. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Thank you for your consideration of our services as we look forward to the opportunity to work with the City of Santa Clarita. I have been a long-time resident and landscape contractor in Santa Clarita Valley. My team and I feel we have built a strong reputation in the industry and have established a good working relationship with the projects we manage. We are very familiar with your project and fully understand the needs and expectations of the project site and the City of Santa Clarita. We would be delighted to have LMD Zone T-17 (Rainbow Glen) in our portfolio and work towards establishing a long-lasting working relationship with the City of Santa Clarita. It will be our goal to provide immediate impact and improvement and excellent ongoing landscaping services to LMD Zone T-17 (Rainbow Glen). We look forward in working with the City of Santa Clarita. If you have any questions, or if I may provide you with any additional information, please do not hesitate to contact me. Sincerely, Marty Stowell CEO Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Background About Marina Landscape Services Marty Stowell, CEO, of Marina Landscape Services started in the landscape maintenance industry in 1986. Marty built a landscape maintenance and installation company with the primary focus of servicing Homeowner Associations, Commercial, Public Works, Parks, and Sports Field maintenance contracts. Our team of qualified professionals are at the top in the Los Angeles County area currently servicing over 1,500 acres of slopes, turf, planters, irrigation, water, trees and fuel modification zones. We are proud of our achievements and we are confident that our customers will attest to our commitment. Today, Marina Landscape Services, employs over 200 trained landscape technicians. Our corporate office is located at 24801 Pico Canyon Rd., Suite 302, Stevenson Ranch, CA 91381. Our office is open Monday through Friday from 7:00 a.m. - 4:00 p.m. Philosophy Marina Landscape Services, Inc. is a reputable landscape services company, we take extreme pride in our work and our team takes proactive measures to ensure the needs our clients are achieved and exceeded. We understand the needs and challenges of LMD Zone T-17 (Rainbow Glen). Marina Landscape Services works with our clients to provide solutions. Marina Landscapes Services, staffs our projects with the most qualified personnel, equips our team members with essential communication tools, and new vehicles and equipment for better efficiency and production, implements the latest horticultural practices, and applies advancing technologies. We believe we provide our team with the proper tools to effectively and efficiently address the day-to-day needs of our customers to provide an exceptional level of service. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Scope of Work Marina Landscape Services, Inc. understands the scope of work and the requirements for landscape maintenance services for LMD Zone T-17 (Rainbow Glen), and the importance and impact the landscape can have on the overall appearance of the City. The areas will be maintained at industry standards and all work will be performed in a professional manner and using proper equipment and tools, and quality materials. Transition Plan Marina Landscape Services will work with the City of Santa Clarita Landscape Maintenance District (LMD) administration staff in advance to determine the current state of the landscape zones to be taken over. Meetings will be scheduled, as necessary, between LMD representatives and the Account Supervisor and the Landscape Maintenance Foreman to start a constructive dialog that will carry over as the project is transitioned over from the departing contractor. A thorough initial inspection will be made and documented with suggestions for improvement. Any approved suggestions will be implemented upon the start of contract. One of the first processes Marina Landscape Services implements on a new contract is an irrigation audit. Our audit ensures that the irrigation system is operating properly. Ensuring that the irrigation is properly operating will reduce water cost and usage, while making sure proper job-site to ensure all the standards are being met to insure maximum water conservation. Provided below is a sample of our Irrigation System Audit Worksheet. Marina Landscape Services will follow the maintenance schedule for the landscaped areas at LMD Zone T-17 (Rainbow Glen). These maintenance routines will be initiated and reviewed as required to maintain service levels, as well as, to provide a consistent quality and appearance. General Landscape Maintenance Services Landscape maintenance services will be provided per the contract specifications utilizing best practices assuring minimum disturbance to the neighbors, visitors, and facility staff. Marina Landscape Services recognizes that this is an important matter and will diligently oblige. To ensure that this is achieved, we will rely on up-to-date scheduling and changes submitted by the City Irrigation System Maintenance Marina Landscape Services will inspect the irrigation system to ensure the plant material is receiving an adequate amount of water, and that the irrigation controllers are set to the proper specifications and ensure the irrigation components are operational. Our Irrigation Technicians and Irrigation Specialists recognize that water conversion is crucial and having an efficient watering practice is the key to optimizing water usage. Efficiency will be achieved by proper adjustments and by making the necessary repairs to the irrigation. Irrigation inspections will be performed per the contract specifications and issues will be reported to the LMD administrator. Our Account Supervisors, Landscape Maintenance Foreman, Irrigation Technicians and Irrigation Specialists are experienced and trained in the operation of WeatherTrak controllers, Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 and will adhere to the Irrigation Association, Best Management Practices. Marina Landscape Services will utilize an Irrigation System Audit Worksheet as a guide for our landscape irrigation inspections. Water Management Marina Landscape Services has an established working relationship with the local water agencies in providing our projects with the latest in water and irrigation product rebates. In a constantly advancing industry, we are committed to water conservation and resource technologies. By installing low-water-use plants, retrofitting irrigation systems with industry- advanced components, and utilizing on-site weather stations, flow sensors, rain sensors has been successful in saving our customers in water usage. Marina Landscape Services has fully trained personnel to address all of the irrigation needs. Our Irrigation Specialist and Irrigation Technicians have vehicles stocked with the necessary irrigation components for all irrigation needs. Our Irrigation Specialist and Irrigation Technicians are certified in irrigation and management practices and are experienced with the following irrigation controllers: WeatherTrak, Calsense, RainBird, Irritrol, Hunter, ET Water, RainMaster, Baseline, and Weathermatic. Another value-add service Marina Landscape Services employs is a water consumption analysis to enhance the water conservation goals, as well as, a soil analysis of the landscaped areas for a better understanding of the soil dynamics. In addition, Marina Landscape Services also has over 20 years of knowledge and experience in the application of fertigation. Weed, Disease and Pest Control To ensure a healthy and well-kept plant community, Marina Landscape Services will implement preventative measures and when the need arises will take active measures to ensure quality flora. Our Landscape Maintenance Foreman are trained on a regular basis and will notify the Account Supervisor of any pests and/or diseases that may be present. Marina Landscape Services personnel are always observant for target pests, and seasons will always be a consideration. Prevention consists of reducing plant stress, as many of us know plants are more susceptible to damage and disease under stressful conditions thereby, we provide proper pruning techniques, adequate watering practices, mulching, and in addition we will provide well maintained and clean equipment to execute the work. For weed control, cultivation is our preferred form of control, however, if chemical application is necessary, Marina Landscape Services with consult with our team of Qualified Applicators for proper application recommendations. Storm Preparation Procedures Marina Landscape Services proactively cleans the storm drains, v-ditches, and inspects the slopes for erosion issues during our maintenance rotation, as well as, before, during, after rain activity. During rain and wind events, the Landscape Maintenance Foreman is monitoring the site and on stand by for emergency responses. Issues will be reported to the LMD administrator. Emergency Response Procedures When notified of a landscape and/or irrigation emergency during the hours and days of maintenance services, Marina Landscape Services will respond by phone and/or text message to the LMD administrator within fifteen (15) minutes of notification. When notified of a landscape Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 or irrigation emergency outside of the normal hours and days of maintenance service, Marina Landscape Services will respond within thirty (30) minutes. If necessary, personnel and equipment will be provided within two (2) hours. For maintenance and/or irrigation emergencies, Account Supervisor, Alonzo Aguilar, will be the direct contact and can be reached at (661) 904- 9478. In addition to direct communication with the Account Supervisor, Marina Landscape Services customer service can also be contacted during business hours at (661) 753-3730. Damage Prevention On a daily basis an initial inspection of the work area will be performed by the Landscape Maintenance Foreman. The purpose of the inspection will be to identify areas that could potentially be a liability. Findings will be reported to the LMD administrator and a remediation plan will be developed. Safety Safety is a priority at Marina Landscape Services, Inc. Our technicians are very aware of their surroundings and participate in daily tailgate safety meetings. Every employee of Marina Landscape Services goes through a safety training program at the beginning of their employment and our continuing education only strengthens those foundations. Safety training meetings are monthly. We hold meetings to learn emergency procedures every two months, and training on idents have occurred, we re-enact the incident to educate other employees demonstrating how the accident occurred, and what we could do to prevent it from occurring again. Our employees are equipped with Personnel Protective Equipment (PPE) that will protect them and others from being injured. The PPE includes safety glasses, gloves, proper foot wear, long-sleeves and pants, dust masks, ear plugs and reflective attire/equipment. Marina Landscape Services trains all employees on how to properly operate and work around all of our maintenance equipment. Employees learn signaling to a vehicle and wear reflective attire all the time while being in the surroundings of equipment or traffic. Public safety is heavily regulated. The Account Supervisor will perform a job-site safety analysis to identify any potential hazards or safety risks, any found will be reported to the Safety Manager for any that pose immediate risk or hazard to the public this area will be reported to the LMD administrator. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Irrigation System Audit Worksheet Project NameDate Address City, State Page of Abbreviation Key: S = Spray, fixed nozzle R = Rotor, including MSMT nozzles I = Impact = Needs correction = Correction Controller ID/ Name Controller Station # Sprinkler type (Choose one) Station Flow (gpm) High Pressure (psi) Low Pressure (psi) Action Required (Place "" for needs correction, "" when completed") Broken pipes Missing/broken heads Missing nozzles psi adjustment needed Clogged nozzle Heads not turning Arc misalignment Low head drainage Leaking seals/fittings Spray defelected/blocked Sunken head Titled heads Mismatched heads Spray/rotor separation Spacing uneven Valve malfunction Observations on Maintenance Frequency Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Schedule Marina Landscape Services will provide on-site staffing to perform the required maintenance services between Monday through Friday. The work schedules consist of a Maintenance Schedule, Rotation Schedule and Maintenance Program and have been included in this proposal. Please refer to the Maintenance Schedule section of this proposal. The work schedules identify and delineate the time frames for the required functions set forth in the scope of work. The Maintenance Schedule outlines which days of the week the LMD zones will be serviced. The Rotation Schedule illustrates the areas that will be serviced on a monthly rotation basis. The Maintenance Program outlines daily, weekly, monthly, semi-annual and annual timelines for landscape maintenance operations. A written copy of the City approved schedule will be kept in the company vehicle at all times and be available upon request of LMD administrator. Marina Landscape Services will notify LMD administrator at least one (1) week prior to the date and time of all the following maintenance operations: fertilization; turf aeration; turf renovation/verticutting; micro-nutrients/soil amendments; spraying trees, shrubs or turf; aesthetic/structural tree and shrub pruning; transplanting of small and medium sized plants; lane closures; fire protection of the natural slopes area maintenance; and other items as determined by Special Districts. Marina Landscape Services will assign an Account Supervisor, a team of Field Technicians consisting of a Landscape Maintenance Foreman, Landscape Maintenance Technicians and Irrigation Technicians to the project site. The Account Supervisor will direct the Landscape Maintenance Foreman and meet with City representatives. The Account Supervisor will visit the job site regularly to ensure all standards are being met. When necessary, the Account Supervisor will create punch-lists for items requiring attention. Meetings with LMD staff will be scheduled when needed. The Landscape Maintenance Foreman will be in direct contact with Account Supervisor, and is responsible for directing and assisting the Landscape Maintenance Technicians in completing the landscape maintenance operations. The Landscape Maintenance Technicians will execute the landscape maintenance operations. The landscape maintenance operations include but not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The Irrigation Technician and Irrigation Specialist will oversee the proper operation of the irrigation system. Proper irrigation includes but not limited; to repair and/or replacement of irrigation components and proper scheduling of the irrigation controllers. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Personnel, Equipment, and Facilities Experience and Qualifications Marina Landscape Services is confident our team of qualified management and field personnel bring years of valuable knowledge and experience. Our personnel are certified in safety, traffic control, Occupational Safety Health Act (OSHA) compliance, pest control application, pest control advising, water management and arbor care. Management Personnel Marty Stowell, CEO Marty has been a State of California licensed C-27 contractor for over 35 years. His expertise is found in maintaining Homeowner Associations maintenance contracts in Southern California. His keen eye for scheduling and the utilization of our crews makes our maintenance operation very efficient and effective. Marty has extensive knowledge in landscape irrigation and installation, water management, estimating and construction. Slater Stowell, CFO Slater has been in the landscape industry since his childhood. Slater brings years of experience in operations. He brings her expertise in operations and business to help with the daily operations. Slater oversees all aspects of the office operations from Account Receivable, Accounts Payable, Human Resources, business and new contracts. Efrain Lupercio, Jr., Branch Manager/Senior Account Supervisor Efrain brings years of experience in management of HOA, Commercial, Retail, Amusement Park, Public Works maintenance contracts, renovation, water management, estimating, purchasing and contract administration. He holds a C- Environment Horticultural Science from Cal Poly San Luis Obispo. Alonzo Aguilar, Account Supervisor Alonzo has over 27 years in the landscape industry. He is highly knowledgeable and experienced in managing HOA, Commercial, Retail, Public Works, and Sports Field maintenance contracts, and water management, and renovations. He is also experienced in estimating, purchasing and inventory management. Steven Avelar, Account Supervisor Steven brings over 15 years of landscape maintenance experience. He has a multitude of experience in managing HOA, Commercial, and High-end Retail maintenance contracts, and water management, and renovations. Steven is also experienced in estimating, purchasing and inventory management. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Juventino Orozco, Account Supervisor Juventino has over 16 years of landscape maintenance experience. His background in landscape maintenance has been in field production and management of HOA and Public Works maintenance contracts, water management and renovations. Jorge Trinidad, Irrigation Specialist Jorge has over 15 years of landscape maintenance and irrigation experience. His specialization is in irrigation and water management. He is certified in irrigation and water management. Jorge oversees twelve irrigation technicians. Administrative Personnel Andrea Aguilar, Office Manager/Customer Service Representative Andrea focuses on Customer Service, Human Resources and Payroll responsibilities. Evelyn Trinidad, Office Administrator/Customer Service Representative Evelyn focuses on Customer Service and Accounts Receivable/Payable responsibilities. Field Personnel Our team of field technicians are professional, experienced, well-trained and certified Landscape Maintenance Foreman, Irrigation Technicians and Landscape Maintenance Technicians. The landscape maintenance foreman is responsible for managing the landscape maintenance crew and executing the day-to-day maintenance duties. The landscape maintenance technicians are responsible for executing the day-to-day maintenance duties. The irrigation technician performs the necessary adjustments and repairs to achieve maximum high efficiency of the irrigation system. Consultant Craig Crotty, Arbor Culture LLC Craig Crotty is the consulting ISA Certified Arborist for Marina Landscape Services. He manages private and public projects within the City of Santa Clarita. Craig has been in the arbor care industry since 1991. He is well versed in the arbor care industry. Craig holds certifications from the International Society of Arboriculture. His arborist consulting practice include: Tree Identification, Preservation Plans and Monitoring for Construction, Risk Assessment, Appraisal, Diagnosis and Recommendations, Tree Cultural Care and Management Specifications, Insect and Disease Identification and Energy Conservation Programs. K2group Kriss Keogh, Landscape Architect and President, has provided valuable assistance in water conservation through the practice of water consumption data and analysis services. Kriss has been called upon to evaluate a variety of client requests to track and monitor water use as it relates to physical use, as well as, dollars spent. K2group is available to assist the City of Santa Clarita. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Wildlife Management Professionals Wildlife Management Professionals will be the weed and pest control applicator for Marina Landscape Services. Wildlife Management Professionals holds a valid and active and State of California Department of Pesticide Regulations, Pest Control Business license, and a valid and active State of California Department of Pesticide Regulations, Qualified Applicator certification. The applicator will be used as necessary per the Scope of Services. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Organizational Chart Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Equipment Marina Landscape Services, Inc. is fully equipped with a fleet of new vehicles, power equipment and tools and also has larger equipment available in house. An outline of the vehicles, equipment and tools that will be assigned to this project is provided below. Marina Landscape Services employees are uniformed. Uniforms and Personnel Protective Equipment (PPE) shall be properly exhibited. Our Account Supervisors and Foreman are equipped with smart phone devices allowing for efficient communication to help parties exchange information quickly and help execute tasks promptly. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Equipment Maintenance Crews Irrigation Technician Vehicle Vehicle 1 Ford F-250 Truck 1 Ford F-150 Truck 1 Landscape Trailer Small Tools Irrigation controller remote & transmitter Power Equipment Hand Pruners 2 Backpack Leaf Blower Loppers 2 String Trimmer Shovels (Round, Square & Trench) 2 Extension Hedge Trimmer Tool Set 1 Chainsaw Traffic Control 1 Pole Saw 2 Small Tools Hand Pruners Hand Picks Hula Hoes Loppers Shovels (Round, Square & Trench) Rakes Hand Saws Garden Spade Forks Pole Pruner Hoses Quick Couplers Broom Trash Cans Fertilizer Spreader Traffic Control Available Equipment Walk-behind Aerators Walk-behind De-thatchers Bucket Truck Dump Trucks Commercial Grade Chippers Dump Trailers Front Loaders Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Facilities Corporate Office Our corporate office is located at 24801 Pico Canyon Road, Suite 302, Stevenson Ranch, CA 91381. Fleet Dispatch Facility - Coltrane Our Coltrane Fleet Dispatch Facility is located at 23121 Coltrane Avenue, Newhall, CA 91321. With our local facility in close proximity to the project site, we can ensure maximum service time and minimum drive time. Fleet Dispatch Facility - Canyon Country Our Canyon Country Fleet Dispatch Facility is located 28010 Tiffany Lane, Canyon Country, CA 91387. We can ensure maximum service time and minimum drive time, with our local facility in close proximity to the project site. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency 97.50 65.00 Irrigation Laborer $_____ per hour $_____ per hour 33.5050.25 Landscape Laborer $_____ per hour $_____ per hour 60.00 QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped 21.25 SF 500 $ 0.0425$ 1. with turf. Price for maintenance of landscape with 2. SF 1,000 $ $ 25.00 0.0250 trees, shrubs, and ground cover. Price for maintenance of landscaped, 12.50 0.0250 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ 67.50 13.50 shrub. Price for installation of five (5) gallon 35.00 5. EA 5 $ $ 175.00 shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ 625.00 125.00 shrub. Price for installation of fifteen (15) gallon 225.001,125.00 7. EA 5 $ $ tree. Price for installation of twenty-four-inch 8. EA 2 $ $ 920.00 460.00 (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 2021, what was the longest stretch of days worked without an accident in the landscape maintenance division? 182 _________________________________________________________________________________ 3) Please provide any sustained complaints made to your company within the past four (4) years to Cal-OSHA. N/A _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 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 Class C-27 California Landscaping Contractor License. N/A _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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? Please see attached page _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ *Attach additional pages as necessary. EXHIBIT D: PROACTIVE APPROACH Marina Landscape Servicesprides itself in providing the best landscape services in the industry. Its team of qualified professionals and technicians pride themselves in servicingits customers withthe most attentive, reliable and professional landscape servicesavailable.Marina supplies our staff with up-to-date communication tools for communication efficiency, providesthe newest vehicles and equipment, appliesthe latest horticultural practices and implementsadvancing technologies for better efficiency and higher production. Marina Landscape Services will work with the City of Santa ClaritaLandscape Maintenance District administration staff in advance to determine the current state of the landscape zones to be taken over. Meetings will be scheduled as necessary between LMDrepresentativesand the Account Supervisor and theLandscape Maintenance Foremanto start a constructive dialog that will carry over as the project is transitioned over from the departing contractor. A thorough initial inspection will be made and documentedwith suggestions for improvement, as necessary. Any approved suggestions will be implemented upon the start of contract. One of the first processes Marinaimplements on a new contract is anirrigationaudit. Our irrigation audit ensures that the irrigation is operatingproperly. Ensuring that the irrigation is properly operating will reduce water costand usage, while making sure proper absorption is occurring in the plant soil.will be visiting the job-site to ensure all thestandards are being metto insure maximum water conservation. Marina Landscape Services will takeallproactive measures to ensure that the quality of service is being met and exceeded.MarinaLandscape Services Account Supervisor, Alonzo Aguilar, will bein charge ofoverseeing ouron-sitestaffdedicated to this contract.Alonzo has over 27 years ofexperience in the landscaping industry andis very familiar with the LMDZone. We are certain the transition from contracts will seamless. Aguilar will be visiting the job site frequently to ensure all standards are being met. When necessary, hewill create punch-lists for anything that needs attention. Using this proactive method of control, we are able to keep our projects in excellent condition. The close proximity of our facility to the project sites ensures there is less drive time to the job, therefore, resulting in more time spent on the job. ağƩźƓğ \[ğƓķƭĭğƦĻ {ĻƩǝźĭĻƭͲ LƓĭ. Serving Santa Clarita Ι Los Angeles Ι Orange County Ι Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 Ι Stevenson Ranch, CA 91 EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work Craig Crotty Arbor Culture As Needed Location and Place of Business 424 Mesa Lila Road Glendale, CA 91208 Bid Schedule Item No’s: Description of Work Certified Arborist LMD-23-24-7 License No. Exp. Date: / / Phone ( ) (818) 636-4917 06/30/2024 WE-0749A Subcontractor DIR Registration No. Dollar Value of Work As Needed Wildlife Management Professionals Location and Place of Business 4505 Industrial St #2A Simi Valley, CA 93063 Bid Schedule Item No’s: Description of Work LMD-23-24-7 Weed and Pest Control License No. Exp. Date: / /Phone ( ) 151824 (805) 813-1785 01/31/2023 Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Fill out this form completely and upload it with your proposal. City of Culver City - Parks, Recreation & Community Services/9770 Culver Boulevard, Culver City, CA 90232-0507 1. _________________________________________________________________________________ Name and Address of Owner / Agency (310) 253-6471 Dani Cullens _________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project Landscae Maintenance services and 2018Current $22,440/month fuel modification management _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed Westridge HOA/Valencia Management Group, 25106 Avenue Tibbitts #100, Valencia, CA 91355 2. _________________________________________________________________________________ Name and Address of Owner / Agency (818) 974-0099 Rob Nakamura _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project Landscape maintenance services, water management, fuel modification 2009 $54,938/monthCurrent management, and arbor care _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed Caruso Management Company/101 The Grove Drive, #300, Los Angeles, CA 90036 3. _________________________________________________________________________________ Name and Address of Owner / Agency (818) 637-8011 Julie Jauregui _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project Landscape Maintenance services, water management, and arbor care 2018 $64,670/monthCurrent _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: MaxPro Insurance Solutions, 25129 The Old Road Rd #220, Stevenson Ranch, CA 91381 (661) 425-9153 Ext 102 _____________________________________________________________________________________ Lockton Companies, 444 W 47th Street, Suite 900, Kansas City, MO 64112-1906 (844) 290-4908 _____________________________________________________________________________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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:_______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion California State Contractor's License C-27 #492212, Marina Landscape Services, Inc. 1. ___________________________________________________________________________________ Martin Stowell, CEO, C-27 License #492212, Staff 2. ___________________________________________________________________________________ Slater Stowell, CFO, WeatherTrak Certified - Staff 3. ___________________________________________________________________________________ Alonzo Aguilar, Account Supervisor, Staff 4. ___________________________________________________________________________________ Amadeo R/ Landscape Maintenance Foreman, Staff 5. ___________________________________________________________________________________ Jorge T, Irrigation Specialist, WeatherTrak Certified, Staff 6. ___________________________________________________________________________________ Craig Crotty, Certified Arborist, ISA WE-0749A, Subcontractor 7. ___________________________________________________________________________________ Troy L Spillman, QAL #151824, Subcontractor 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 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 Zone T17 Landscape Maintenance. 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:Date: 09/05/2023 09/05/2023 *Estimator’s Signature:Date: 09/05/2023 *Owner’s Signature:Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California 1. SUMMARY OF CONTRACTUAL REQUIRMENTS a. A contract is required for any service performed on behalf of the City of Santa Clarita (City). b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3. INDEMNIFICATION a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2)any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h. The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. 09/05/2023 Authorized Signature: ______________________________ Date: ___________________ Efrain Lupercio Printed Name: ____________________________________ Maintenance Schedule LMD ZONE T-17 Rainbow Glen ZONE CREW SERVICE DAY(S) T-17 Maintenance Wednesday Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Maintenance Program Designed to your specific horticultural composition our Maintenance Program will allow us to properly plan and forecast monthly and seasonal service needs while providing clients a user- friendly guideline. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Rotation Schedule Weekly Maintenance Rotation Schedule assures maximum property coverage while maintaining budget ensure optimum curb appeal. Marina Landscape Services, Inc. will develop an extensive and customized Daily, Weekly, Monthly and Quarterly action plan to ensure maximum coverage and efficiencies. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1,235.00 1. LMD Zone 17 $ ____________________x 12 months $ 14,820.00 Total (Column B) Total proposed amount annually, in legibly printed words: Fourteen thousand eight hundred twenty dollars and zero cents ______________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. Alonzo Aguilar Account Supervisor 1. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Amadeo R.Landscape Maintenance Foreman 2. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Landscape Maintenance Technician Angel H. 3. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Jorge TrinidadIrrigation Specialist 4. Name______________________________________ Job Title________________________________ Level 1-WeatherTrak Basic Systems Training Certified License/Certificates__________________________________________________________________ Efrain Lupercio, JrBranch Manager 5. Name______________________________________ Job Title________________________________ BS Environmental Horticultural Science & C-27 Licensed Contractor License/Certificates__________________________________________________________________ Slater StowellCFO 6. Name______________________________________ Job Title________________________________ Level 1-WeatherTrak Basic Systems Training Certified License/Certificates__________________________________________________________________ 7. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10. Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form for the following zone: T17. Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: ___T17____ Supervisors Account Supervisor 2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Landscape Maintenance Foreman 4 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Landscape Maintenance Technician 4 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Irrigation SpecialistAs Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Spray TechnicianAs Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Certified Arborist As Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ REQUEST FOR PROPOSALS 23-LMD-18 Zones T29 Landscape Maintenance PROPOSAL # LMD-23-24-06 TABLE OF CONTENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California SECTION A REQUEST FOR PROPOSALS PROPOSAL INSTRUCTIONS DOCUMENT CHECKLIST SECTION B SCOPE OF WORK RESPONSE FORMAT AND SELECTION CRITERIA SECTION C SAMPLE MAINTENANCE AGREEMENT FRINGE BENEFIT STATEMENT SECTION D EXHIBIT A: COST PROPOSAL EXHIBIT B1: ADDITIONAL PRICING EXHIBIT B2: ADDITIONAL PRICING CONTINUED EXHIBIT C: VIOLATION RECORDS EXHIBIT D: PROACTIVE APPROACH FORM EXHIBIT E: DESIGNATION OF SUBCONTRACTORS EXHIBIT F: REFERENCES EXHIBIT G1: STAFF EXHIBIT G2: STAFF HOURS EXHIBIT H: EQUIPMENT REQUIREMENTS EXHIBIT I: CERTIFICATIONS EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS SECTION E MAINTENANCE SCHEDULE EXAMPLE – DAILY – ANNUAL MAINTENANCE MAP(S) INVENTORY LISTS HOLIDAY SCHEDULE SECTION A RFP Information & Instructions CITY OF SANTA CLARITA REQUEST FOR PROPOSALS Project Name: 23-LMD-18 Zones T29 Landscape Maintenance Proposal #: LMD-23-24-06 Dates Published: August 3, 2023 Last Day for Questions: August 29, 2023 before 11:00 AM (PT) Proposal Closing: September 5, 2023 before 11:00 AM (PT) License(s) Required: Class C-27 California Landscaping Contractor License Project Description: The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-29 (American Beauty) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. Prevailing Wage: Yes Bond Requirements: No Contact Information: Danielle Marquez | (661) 255-4936 | dmarquez@santa-clarita.com Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. Required Contractor & Subcontractor Registration: Only proposals submitted by proposers (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted. Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120. RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non- responsive and rejected. PROPOSAL INSTRUCTIONS PROPOSAL # LMD-23-24-06 23-Lmd-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.SUBMITTING PROPOSALS. 1.1.The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet). 1.2.All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price. 1.3.Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2.ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected. 3.AWARDS. 3.1.The City reserves the right to waive any informality in any proposal. 3.2.This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations. The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so. 3.3.The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so. 3.4.The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours. 4.BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. 4.1.The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 4.2.If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered. 4.3.Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 5.COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 6.DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 7.INVOICES. Invoices will be forwarded to: City of Santa Clarita Special Districts Division Attn: Dan Hamrick 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 8.DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 \[with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)\]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 9.PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section. 10.REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11.RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the City Council approved City of Santa Clarita Combined Engineer’s Report for Landscape Maintenance Districts. Pursuant to Section I of the Engineer’s Report, the maximum assessment rate may increase each fiscal year based on the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer. 12.CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a Class C-27 California Landscaping Contractor License with proposal response. Failure to possess the specified license shall render the proposal as non-responsive and shall act as a bar to award the contract to any proposer not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. 13.PREVAILING WAGES. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but notlimited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such. 14.SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. Each proposer must submit with their proposal the following: The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. The address of each firm. The telephone number at the place of business. Work to be performed by each subcontracting firm. Total approximate dollar amount of each subcontract. Copies of subcontracts will be provided to the City Engineer upon their request. 15.TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet. DOCUMENTS CHECKLIST PROPOSAL # LMD-23-24-06 23-Lmd-18 Zones T29 Landscape Maintenance City of Santa Clarita, California In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. The following documents must be provided by ALL proposers: Uploaded via BidNet (see Section D: Exhibits) Response File Cost File(s) – to be submitted separately from the Response File: o Exhibit A: Cost Proposal o Exhibit B1: Additional Pricing o Exhibit B2: Additional Pricing Continued Exhibit C: Violation Records Exhibit D: Proactive Approach Form Exhibit E: Designation of Subcontractors Exhibit F: References Exhibit G1: Staff Exhibit G2: Staff Hours Exhibit H: Equipment Requirements Exhibit I: Certifications Exhibit J: Acknowledgement & Acceptance of Scope of Work Exhibit K: Notice to Proposers Regarding Contractual Requirements Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi-Annual, Annual (see examples in Section E) Rotation Schedule (Maintenance Map showing frequency of work within designated areas/sections) All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Dan Hamrick Maintenance Agreement Insurance Required by Contract W-9 Form Fringe Benefit Statement SECTION B Solicitation Information SCOPE OF WORK PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California EVENT DATE Solicitation advertisement August 3, 2023 Last day for questions August 29, 2023 Proposal closing September 5, 2023 *Dates are subject to change at the City’s discretion* 1.BACKGROUND 1.1.The City of Santa Clarita (City) administers 62 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services for the LMD operations through contracts with private companies. Solicitations for proposals to support contract services are made regularly and often allow an opportunity for multiple zones to take advantage of economies of scale. 1.2.The City is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-29 (American Beauty) and may include other nearby areas within the City. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. 1.3.The following general Scope of Work applies to the areas of the City’s LMD Zones T-29 (American Beauty) area. All items in this Scope of Work, unless indicated as Additional Work, shall be considered as included in the monthly maintenance cost of this zone. Please consider this when submitting your quote. All items indicated as Additional Work shall be requested on an “as needed” basis. This Contract shall run for (1) year, with the option for three (3) additional one (1) year renewals. 2.GENERAL REQUIREMENTS 2.1.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 LMD 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. 2.2.City LMD administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager, or the Administrative Services Director, shall herein be described as Special Districts. 2.3.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, and ground cover 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. 2.4.Contractor must provide all-inclusive labor and equipment for landscape, grounds and maintenance services including, but not limited to: 85% hand pruning and 15% mechanical; Select prune shrubs to the natural shape of the plant according to its species throughout the year to encourage healthy growth habits according horticultural best practices; Fertilization application; Irrigation; minor and major repairs; Hand watering (as necessary); Bleeding of valves necessary during emergencies and/or when automatic systems are not functioning properly; Pruning of shrubs and trees (first twelve vertical feet measured from the ground); Trimming of shrub areas, and ground cover; Keeping minimum eighteen (18) inch clearance from fence lines behind homes; Disease control; Pest control; Tree maintenance; (first 12’ of trees and as agreed) structural pruning per ANSI Best Management Practices; Inspection, maintenance and repairs of irrigation systems; Mulching (City provided mulch); will be disbursed by the contractor at their expense; Manual weed abatement; Chemical weed control; Maintenance of fire protection/fuel modification areas; Marking underground irrigation lines and other LMD equipment upon Dig Alert notification and/or other requests; Traffic control (per Watch Manual) while working in the public right of way, medians, and parkways; Litter pickup, doggie litter removal, trash bags removed and replaced from receptacles (City provided dog waste bags; City-reimbursed trash bags - Contractor’s cost plus no more than 15%); Irrigation Specialist, Irrigation Assistant, Laborers and Foreman are provided as proposed at minimum and as necessary to provide the expected level of maintenance. 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 A1 & 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 “Team Composition” and “Rotation Schedule” that will serve as the expected minimum 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. 2.5.Inclement Weather and Adverse Conditions Unless determined to be an unsafe working condition, on days of light precipitation and/or forecasted rain the contractor shall continue to be present as scheduled performing alternative tasks, such as but not limited to the following; monitoring of drainage devices, drain inlet clearing, maintaining/cleaning of walkways, debris removal within planting areas, hand pruning of shrubs, etc., or as directed by Special Districts. During periods of extremely adverse and inclement weather, the Contractor shall be present as scheduled performing inspections of the maintained areas, maintaining drainage devices for proper flow, as well as monitoring the overall state of the site and reporting any concerns in regards to safety and property during regular assigned hours. Contractor shall report any storm damage or issues related to inclement weather/adverse conditions to Special Districts within 24 hours of occurrence. All storm damages must be photo documented prior to any removal or clean up. If remedial work is required beyond the scope of the contract, it may be paid as additional work upon approval by Special Districts. 2.6.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: Landscape refurbishment; tree, shrub, and ground cover installation; Irrigation system refurbishment and/or repair; Construction and/or storm related operations; Emergency response operations; Electrical repairs; Tree Trimming / Tree planting / Tree counting; Concrete removal and replacement, block wall and brick repairs; Fence installation and repairs, wood, vinyl, and Crete Rail; Integrated pest management / Chemical applications to trees; Streetscape furniture cleaning and pressure washing of walkways and appurtenances. At the discretion of LMD, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract. 2.7.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. 2.8.Contractor shall clearly identify and equip each vehicle used within the City with decals on the exterior right and left front door panels identifying the Contractor's 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. 2.9.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. 2.10.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. 2.11.Contractor’s employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of WeatherTrak 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. 2.12.Contractor shall provide cellular communication to each crew foreman and have the ability to connect to City Monitors and Special Districts representatives. 2.13.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 an as-needed basis. The Contractor must submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission. 2.14.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. 3.LANDSCAPE AREAS TO BE MAINTAINED 3.1.The LMD areas to be maintained under the provisions of this Agreement are specifically identified in Attachment B. 3.2.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 LMD for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LMD areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or alteration. 4.CERTIFICATIONS/REPORTS/RECORDS 4.1.Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing Wage Certification Report which shall be made available to LMD 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. 4.2.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. 4.3.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: Quantity and complete description of all commercial and organic fertilizer(s) used. Quantity and label description of all grass seed used. Quantity and complete description of all soil amendments used. 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. 4.4.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. 4.5.Violation Records: The awarded contractor shall not have two (2) or more Cal-OSHA 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). 5.ADDITIONAL WORK 5.1.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. 5.2.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. 5.3.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. 5.4.All additional (or 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. 6.CONTRACTOR’S LIABILITIES 6.1.All damages resulting from Contractor's operation within the LMD areas shall be repaired or replaced at Contractor's expense within 48 hours. 6.2.All such repairs or replacements shall be completed within the following time limits. Irrigation damage shall be repaired or replaced prior to the next regularly scheduled watering event or as agreed upon with Special Districts. 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. All concrete walkway, block walls, light poles, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LMD staff. 6.3.All repairs or replacements shall be completed in accordance with the following maintenance practices. 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. Shrubs: Minor damage may be corrected by appropriate pruning as required in Section 19, "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 19 "Shrub and Ground Cover Care" of the Specifications. 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. 7.INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 7.1.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. 7.2.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. 8.OFFICE INQUIRIES AND COMPLAINTS 8.1.Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Homeowners Associations, property owners, and tenants within said LMD 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, shall be available for notification by telephone or text communication. 8.2.Whenever immediate action is required to prevent impending injury, death, or property damage to the LMD 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. 8.3.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. 8.4.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. 9.SAFETY 9.1.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. 9.2.It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the LMD 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: Filling holes in planting areas, and paving; Using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards; 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. 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. 9.3.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. 9.4.Contractor agrees to report any signs of homeless encampment activity, including but not limited to, trash/debris, personal items, homeless persons present, etc. immediately to LMD Office staff for appropriate actions to be taken by internal City staff. Contractor staff are not to approach any homeless persons in the zones and should seek advice from LMD staff accordingly. 10.HOURS AND DAYS OF MAINTENANCE SERVICES 10.1.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 C) “2023 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 C) 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 City of Santa Clarita limits in accordance with ordinance 11.44.010. 10.2.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. 10.3.For the purpose of this contract, “work” time in the field excludes lunch, breaks, and travel time to and from the contractor’s yard. Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. A legal day’s work shall constitute eight (8) hours of labor under this Agreement, and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than 8 hours during any one day or more than 40 hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of $25 for each laborer, worker, or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than 8 hours in any one calendar day or 40 hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 11.MAINTENANCE SCHEDULES 11.1.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 LMD 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. 11.2.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. 11.3.Contractor shall notify Special Districts, in writing, at least one (1) week prior to the date and time of all the following maintenance operations: Fertilization; Micro-Nutrients/Soil Amendments; Spraying of Trees and Shrubs; Aesthetic/Structural Tree and Shrub Pruning; Preventative disease control; Transplanting of small and medium sized plants; Lane closures notification for median or parkway maintenance is required; Other Items as Determined by Special Districts 11.4.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. 12.CONTRACTOR’S STAFF 12.1.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. 12.2.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 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 LMD covered under this Agreement. 12.3.LMD 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 LMD. 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 LMD staff as necessary. 13.SIGNS/IMPROVEMENTS 13.1.Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefore is obtained from LMD Special Districts. 14.UTILITIES 14.1.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. 15.NON-INTERFERENCE 15.1.Contractor shall not interfere with the public use of the LMD 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. 16.USE OF CHEMICALS 16.1.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. 16.2.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. 16.3.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. 16.4.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. 16.5.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. 16.6.All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 16.7.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. 17.STORAGE FACILITIES 17.1.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. 18.SHRUB AND GROUND COVER CARE 18.1.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. 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. Disease and Insect Control: All LMD areas are to be maintained free of disease and insects and treated when needed pursuant to Section 22. Weed Control: All ground cover and shrub beds are to be kept weed free at all times. Methods for control shall incorporate the following: a.Mulch application to 3” layer 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 LMD staff. Such removal will be considered an extra and will require submittal of a proposal and approval by LMD staff.) b.Hand removal c.Cultivation d.Chemical eradication using non-residual herbicides 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 “additional work” as described in Section 4 and/or Exhibit B2: 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. Fertilization: Application of an LMD 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 LMD staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization. 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 25 shall apply to trees, shrubs, and ground cover. Diversion Requirements: In keeping with State mandated requirements, the LMD 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. 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 LMD 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 healthy vigorous 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 19.1.Contractor under the terms of this agreement shall perform the following services: Tree Maintenance a.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. Wound dressings are never used on any tree pruning cuts. b.All sucker growth is to be removed from trees as it occurs. c.Maintain an 8-foot clearance for branches overhanging walkways and public sidewalks. d.Report insects and tree diseases to Special Districts Inspector. e.Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees. f.Tree stakes shall be pentachlorophenol 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. g.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. h.Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. i.Broken branches are to be removed immediately whether they are in the tree or on the ground. j.All tree wells in sidewalks within the maintenance areas’ boundaries to be kept weed free and mulched where applicable. 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 LMD, 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. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor. Tree Replacement: All trees permanently damaged as a result of action or inaction by the contractor will be replaced as provided for under Section 6 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 required during the establishment period. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by use of “Maintain,” "Florel" or other approved product. Two (2) applications shall be required 7-10 days apart. The first application shall be applied when ½ to ¾ 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”. 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”. 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. 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. Street Tree Wells: Contractor is responsible to keep all tree wells within LMD areas weed- free and maintain tree well irrigation system in accordance with Section 25 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 20.1.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. 20.2.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/. 20.3.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. 20.4.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: 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. Dead wood from woody plants shall be removed and/or trimmed when the area is brushed. May be required at the direction of Special Districts 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 LMD 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. When weeding or brush removal is required, the required weeding shall be completed as soon as possible and shall be completed throughout an LMD within a maximum period of 30 days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. 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. 20.5. 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. 20.6.The maintenance of the manufactured slopes requires that the planted slopes be weeded 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 19 and 20 of these Specifications. 21.USE OF INTEGRATED PEST MANAGEMENT 21.1.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. 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. 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. 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. 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. 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 22.1.Contractor shall at their sole expense under the terms of this agreement perform the following services: 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 LMD staff in advance. 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. 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. 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: a.Gum, b.Animal feces, c.Grease, d.Paint, e.Graffiti, f.Glass and debris All walkway cracks and expansion joints shall be maintained weed and grass free at all times. 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. Diversion: The Contractor will 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: a.All drains and catch basins shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LMD are functioning properly at all times b.All LMD 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. c.All LMD 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) d.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. e.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 23.1.The Contractor shall perform a maintenance inspection of all facilities on a weekly basis within the LMD 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/faq.php 23.2.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 (1) week prior to the date of inspection. In addition, bi-weekly interim inspections may be made by Special Districts if deemed necessary by LMD Staff. 24.WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR 24.1.All irrigation systems within the LMD areas designated in these specifications will be repaired and maintained as required for proper operation by the Contractor; excluding programming which is included in the contract. Irrigation repairs 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/uploadedFiles/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf Scope of Responsibility: The contractor shall maintain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of: a.Irrigation Programming b.Irrigation Station Identification/Location c.Irrigation Heads d.Remote Control Valves e.Flow Sensors f.Flow Sensor Programming g.PVC Piping (Including mainline and laterals) h.Quick Couplers i.Risers j.Swing Joints k.Check Valves l.Irrigation Booster Pumps m.Solar Controllers/Valves n.Battery Operated Controllers/Valves o.Valve Boxes, Quick Coupler Boxes, Etc. p.Irrigation Controller Programming and Setup Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. 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 required to sustain and prevent loss of trees, annuals, perennial plants, and ground covers or when automatic systems are not functioning properly. 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. 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 LMD will provide a password for access. 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. 24.2. The contractor will be responsible to complete the following WeatherTrak training through HydroPoint University: Level 1 – WeatherTrak Basic Systems Training. Proof of completion to be provided with proposal submission. Additional trainings are available and participation is encouraged. 24.3. Controllers: 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. 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 LMD will provide a username/password for access. 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. a.Severe Alerts to be resolved within 24 hours. b.Major Alerts to be resolved within 5 working days 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 LMD 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. 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. 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. 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.). 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. 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). 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. Contractor shall utilize “cycle & soak” in programming in order to eliminate excessive run- off. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by The City of Santa Clarita. When available, copies of controller maps shall be kept in enclosures at all times. 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. 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. 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. Only 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. The Contractor shall test the soil in 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. 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 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. 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. It is required that soil conditions be constantly monitored with a soil probe to ensure that over-saturation of the soil does not occur. 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. 24.4.Operation of Systems: 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). 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 trees, annuals, perennial plants, and ground covers when automatic systems are not functioning. 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. 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 LMD for review. Contractor shall adjust and clean as necessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate. Contractor shall be responsible for hand-watering any pots not provided with an irrigation system to maintain plants and promote optimum growth. 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. 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. 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. 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. 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 sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis. 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. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed. 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. 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. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur. 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. 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. 24.5.Repairs: All pop-up heads should be assembled on triple swing joints. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance. All remote-control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency. 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. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis. 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). 24.6.Conversation: 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. 24.7.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 Santa Clarita is subjected to. 25.MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS 25.1.Hardscape surfaces, walkways, service roads and drainage systems 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 LMD Monitor or directly to City Staff. 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. Contractor shall be responsible for sweeping/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LMD Staff or as requested by Special Districts. All debris must be collected and removed. 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 11. 26.GRAFFITI ERADICATION AND CONTROL 26.1.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/technology- services/egraffiti 26.2.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 5. 26.3.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 27.1.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. 28.FUTURE/ADDITIONAL MAINTENANCE AREAS 28.1.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 & B2) in this document for similar landscape/terrain. RESPONSE FORMAT AND SELECTION CRITERIA PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format. 1.1.RESPONSE FILE: 1.1.1.Introduction – A general introduction and description of the proposal shall be provided. The format of the introduction is at the discretion of the contractor. 1.1.2.Background – Provide insight to your company and its resources. Explain the company background and philosophy and what qualifies this company to be a successful candidate for the City’s contract. 1.1.3.Scope of Work – Describe the work program. Identify how the objectives of the specifications will be performed. Relate the business practices to the specific tasks required and explain the proposed method for adhering to the landscape maintenance requirements. Include contractor’s approach to the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas, problem resolution, and any other areas that explain how the work will be performed and managed. 1.1.4.Schedule – Describe the time schedule for each proposed task and area rotation. Provide staff descriptions and quantity on daily, weekly, monthly, and seasonal timelines. Proposed work periods and completion dates, as well as any anticipated meeting dates, should also be identified. 1.1.5.Personnel, Equipment, and Facilities – Describe the personnel qualifications, equipment to be provided, and numbers of both dedicated to the areas for this contract. Explain/show the reasoning for the type, number and composition of staff and equipment for this contract and how the cost of such provides adequate or superior value to the contract. 1.1.6.Exhibits – The documents within Section D are required to be submitted with the proposal response and can be referred to throughout the RFP. However, expansion on all aspects listed above is strongly encouraged. See Document Checklist for more details. 1.2.COST FILE: 1.2.1.Statement of Offer and Signature – The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work. 1.2.2.All proposals must be submitted according to specifications set forth in this section. Failure to adhere to these specifications may be cause for rejection of proposal. 1.2.3.Cost File must be submitted separately from the Response File. 2.PROPOSAL EVALUATION AND CONTRACTOR SELECTION – An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the proposer with the highest technical ranking nor award to the Proposer with the lowest Cost Proposal if doing so would not be in the overall best interest of the City. The overall criteria is listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. 2.1.SELECTION CRITERIA: 2.1.1.Team Composition: Contractor qualifications, staff qualifications, and number of staff provided. (Includes but not limited to Section 12 and Exhibits E & G1-G2) 2.1.2.Rotation Schedule: Use and mobilization of resources. Proposed timeline to service all areas. (Includes but not limited to as described in Section 12 and Exhibit E) 2.1.3.Acknowledgement & Successful Understanding of Scope of Work: Proposed method and guidelines for adhering to the landscape maintenance requirements to include but not limited to: Description and clarity of approach in the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas and problem resolution. (Includes but not limited to Exhibits D & J) 2.1.5.References(Included but not limited to Exhibits C, F &I) 2.1.4.Cost of services provided (Exhibits A & B1-B2) 2.1.5.Value: Cost in relation to manpower. What makes the contractor the best candidate to provide the services requested. (Includes but not limited to Exhibits A, B1, B2, D, G1-G2) During the selection process, the evaluation panel may wish to interview proposers with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact. SECTION C Sample Agreement SAMPLE ONLY CON-6 Council Approval Date:________ Agenda Item: ________ Contract Amount:________ MAINTENANCE AGREEMENT 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: CONSIDERATION. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and A.As additional consideration, CITY agrees to pay CONTRACTOR an amount as 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 , to . The Agreement may be renewed upon mutual consent of the parties. SCOPE OF SERVICES. CONTRACTOR will perform services listed in the attached Exhibit “ .” 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. 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. 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 http://www.dir.ca.gov/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 perdiem 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. 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 otheramounts 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. 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. FAMILIARITY WITH WORK. 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 Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 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 theservices 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. 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. 3.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 InsuranceLimits (combined single) Commercial general liability:$1,000,000/$2,000,000 (aggregate) Business automobile liability$1,000,000 Workers compensationStatutory 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 of $1,000,000 per occurrence, $2,000,000 general aggregate, 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 ISOBusiness 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.Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and 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 penalty. H.Should Contractor’s insurance required by this Agreement be cancelled at any 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. I.Additional insured status.General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITYand its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. J.Primary/noncontributing.Coverage provided by CONTRACTORshall be primary and any insurance or self-insurance procured or maintained by CITYshall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITYbefore the CITY’Sown insurance or self-insurance shall be called upon to protect it as a named insured. 4.TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and CITY gives CONTRACTOR a written Notice to Proceed. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, anysuch professional services are at CONTRACTOR’s own risk. TERMINATION. CITY may terminate this Agreement at any time with or without cause. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 5.INDEMNIFICATION. CONTRACTORshall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Contractor’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITYindemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement the Contractor shall provide a defense to the CITY indemnitees or at the CITY’S option reimburse the CITYindemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims. 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 toexercise 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. NOTICES. 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: 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. 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. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 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, nor will it be deemed to constitute a continuing waiver. 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. 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. CAPTIONS.The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 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. 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. 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. 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. FORCE MAJEURE. Should performance of this Agreement be preventeddue 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. 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. CONFLICT OF INTEREST.CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. 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. 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. ELECTRONIC TRANSMISSION 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) IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONTRACTOR:IF CORPORATION: By:By: Print Name & TitlePrint Name & Title Date:Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Fringe Benefit Statement Contract/Proposal No:Project Name:Date: INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below. THIS DOCUMENT CONTAINS PERSONAL INFORMATION AND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE. Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications bemade. I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE. City of Santa Clarita Form HC-50 FBS (Contractor/Subcontractor)By (Name and Title)eSignature SECTION D Exhibits EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1. LMD Zone T29 (American Beauty) $ _____________x 12 months $ Total (Column B) Total proposed amount annually, in legibly printed words: ______________________________________________________________________________ EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency Irrigation Laborer $_____ per hour $_____ per hour Landscape Laborer $_____ per hour $_____ per hour QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped SF 500 $ $ 1. with turf. Price for maintenance of landscape with 2. SF 1,000 $ $ trees, shrubs, and ground cover. Price for maintenance of landscaped, 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ shrub. Price for installation of five (5) gallon 5. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 7. EA 5 $ $ tree. Price for installation of twenty-four-inch 8. EA 2 $ $ (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 2021, 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 Class C-27 California Landscaping Contractor License. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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. EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. 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 Started Date Completed 2._________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed 3._________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. 1.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 2.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 3.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 4.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 5.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 6.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 7.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10.Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: Zone T-29 (American Beauty) Supervisors Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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: _______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ 3. ___________________________________________________________________________________ 4. ___________________________________________________________________________________ 5. ___________________________________________________________________________________ 6. ___________________________________________________________________________________ 7. ___________________________________________________________________________________ 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 23-LMD-18 Zones T29 Landscape Maintenance. 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: Date: *Estimator’s Signature: Date: *Owner’s Signature: Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.SUMMARY OF CONTRACTUAL REQUIRMENTS a.A contract is required for any service performed on behalf of the City of Santa Clarita (City). b.By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c.Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2.SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a.These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b.You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c.Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3.INDEMNIFICATION a.To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g.Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h.The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________ SECTION E Attachments A-D Monthly – Weekly – ATTACHMENT A1 Daily (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) ATTACHMENT A2 EXAMPLE OF TYPICAL MAINTENANCE PROGRAM Semi-Annual and Annual (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) PROPOSAL # City of Santa Clarita, California Inventory List: Zone T-29 Item # DescriptionAPPROXIMATE Estimated Quantity Square Footage Irrigated Landscape 1 246,086 Non-irrigated Landscape 2 22,215 Backflow devices 3 1 Irrigation controllers 4 2 Irrigation enclosures 5 2 Paseo pole lights 6 0 7 Trail foot lights 0 8 Bridges over street 0 9 Tunnels and lights 0 10 Monument signs0 11 Tennis courts0 12 Trash containers cement/other0 13 Paseo and Trail walkways 0 14 Drinking fountains 0 15 Playgrounds0 HOLIDAYDATE CELEBRATED Monday, January 2 New Year’s Day 2023 Monday, January 16 Martin Luther King Jr. Day Monday, February 20 President’s Day Monday, May 29 Memorial Day Monday, June 19 Juneteenth Tuesday, July 4 Independence Day Monday, September 4 Labor Day Monday, October 9 Columbus & Indigenous People’s Day Friday, November 10 Veterans Day Thursday, November 23 Thanksgiving Day Friday, November 24 Day after Thanksgiving 1/2 Day for Christmas Eve Friday, December 22 Christmas Day Monday,December 25 1/2 Day for New Year’s Eve Friday, December 29 If a holiday should fall on a Saturday, it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. In addition to the scheduled holidays identified above, full-time employees receive one floating holiday granted on January 1. This is a “free” day which may be used at any time before the end of the calendar year with prior approval ofthe Department Head and/or Division Manager. REQUEST FOR PROPOSALS 23-LMD-18 Zones T29 Landscape Maintenance PROPOSAL # LMD-23-24-06 TABLE OF CONTENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California SECTION A REQUEST FOR PROPOSALS PROPOSAL INSTRUCTIONS DOCUMENT CHECKLIST SECTION B SCOPE OF WORK RESPONSE FORMAT AND SELECTION CRITERIA SECTION C SAMPLE MAINTENANCE AGREEMENT FRINGE BENEFIT STATEMENT SECTION D EXHIBIT A: COST PROPOSAL EXHIBIT B1: ADDITIONAL PRICING EXHIBIT B2: ADDITIONAL PRICING CONTINUED EXHIBIT C: VIOLATION RECORDS EXHIBIT D: PROACTIVE APPROACH FORM EXHIBIT E: DESIGNATION OF SUBCONTRACTORS EXHIBIT F: REFERENCES EXHIBIT G1: STAFF EXHIBIT G2: STAFF HOURS EXHIBIT H: EQUIPMENT REQUIREMENTS EXHIBIT I: CERTIFICATIONS EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS SECTION E MAINTENANCE SCHEDULE EXAMPLE – DAILY – ANNUAL MAINTENANCE MAP(S) INVENTORY LISTS HOLIDAY SCHEDULE SECTION A RFP Information & Instructions CITY OF SANTA CLARITA REQUEST FOR PROPOSALS Project Name: 23-LMD-18 Zones T29 Landscape Maintenance Proposal #: LMD-23-24-06 Dates Published: August 3, 2023 Last Day for Questions: August 29, 2023 before 11:00 AM (PT) Proposal Closing: September 5, 2023 before 11:00 AM (PT) License(s) Required: Class C-27 California Landscaping Contractor License Project Description: The City of Santa Clarita is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-29 (American Beauty) and may include other nearby areas within the City of Santa Clarita. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. Prevailing Wage: Yes Bond Requirements: No Contact Information: Danielle Marquez | (661) 255-4936 | dmarquez@santa-clarita.com Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. Required Contractor & Subcontractor Registration: Only proposals submitted by proposers (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted. Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120. RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non- responsive and rejected. PROPOSAL INSTRUCTIONS PROPOSAL # LMD-23-24-06 23-Lmd-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.SUBMITTING PROPOSALS. 1.1.The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet). 1.2.All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price. 1.3.Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record. 2.ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected. 3.AWARDS. 3.1.The City reserves the right to waive any informality in any proposal. 3.2.This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations. The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so. 3.3.The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so. 3.4.The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours. 4.BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. 4.1.The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 4.2.If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered. 4.3.Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 5.COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 6.DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 7.INVOICES. Invoices will be forwarded to: City of Santa Clarita Special Districts Division Attn: Dan Hamrick 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 8.DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 \[with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)\]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 9.PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section. 10.REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11.RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the City Council approved City of Santa Clarita Combined Engineer’s Report for Landscape Maintenance Districts. Pursuant to Section I of the Engineer’s Report, the maximum assessment rate may increase each fiscal year based on the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer. 12.CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a Class C-27 California Landscaping Contractor License with proposal response. Failure to possess the specified license shall render the proposal as non-responsive and shall act as a bar to award the contract to any proposer not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. 13.PREVAILING WAGES. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but notlimited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such. 14.SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. Each proposer must submit with their proposal the following: The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed. The address of each firm. The telephone number at the place of business. Work to be performed by each subcontracting firm. Total approximate dollar amount of each subcontract. Copies of subcontracts will be provided to the City Engineer upon their request. 15.TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet. DOCUMENTS CHECKLIST PROPOSAL # LMD-23-24-06 23-Lmd-18 Zones T29 Landscape Maintenance City of Santa Clarita, California In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. The following documents must be provided by ALL proposers: Uploaded via BidNet (see Section D: Exhibits) Response File Cost File(s) – to be submitted separately from the Response File: o Exhibit A: Cost Proposal o Exhibit B1: Additional Pricing o Exhibit B2: Additional Pricing Continued Exhibit C: Violation Records Exhibit D: Proactive Approach Form Exhibit E: Designation of Subcontractors Exhibit F: References Exhibit G1: Staff Exhibit G2: Staff Hours Exhibit H: Equipment Requirements Exhibit I: Certifications Exhibit J: Acknowledgement & Acceptance of Scope of Work Exhibit K: Notice to Proposers Regarding Contractual Requirements Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi-Annual, Annual (see examples in Section E) Rotation Schedule (Maintenance Map showing frequency of work within designated areas/sections) All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Dan Hamrick Maintenance Agreement Insurance Required by Contract W-9 Form Fringe Benefit Statement SECTION B Solicitation Information SCOPE OF WORK PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California EVENT DATE Solicitation advertisement August 3, 2023 Last day for questions August 29, 2023 Proposal closing September 5, 2023 *Dates are subject to change at the City’s discretion* 1.BACKGROUND 1.1.The City of Santa Clarita (City) administers 62 financially independent zones within the Landscape Maintenance District (LMD), providing landscape maintenance services for the LMD operations through contracts with private companies. Solicitations for proposals to support contract services are made regularly and often allow an opportunity for multiple zones to take advantage of economies of scale. 1.2.The City is soliciting sealed proposals from qualified landscape maintenance companies to provide for the maintenance services of designated landscaped areas within the boundaries of LMD Zone T-29 (American Beauty) and may include other nearby areas within the City. These services include, but are not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The areas are expected to be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry Standards and all work performed in a professional manner using quality equipment and materials. 1.3.The following general Scope of Work applies to the areas of the City’s LMD Zones T-29 (American Beauty) area. All items in this Scope of Work, unless indicated as Additional Work, shall be considered as included in the monthly maintenance cost of this zone. Please consider this when submitting your quote. All items indicated as Additional Work shall be requested on an “as needed” basis. This Contract shall run for (1) year, with the option for three (3) additional one (1) year renewals. 2.GENERAL REQUIREMENTS 2.1.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 LMD 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. 2.2.City LMD administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager, or the Administrative Services Director, shall herein be described as Special Districts. 2.3.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, and ground cover 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. 2.4.Contractor must provide all-inclusive labor and equipment for landscape, grounds and maintenance services including, but not limited to: 85% hand pruning and 15% mechanical; Select prune shrubs to the natural shape of the plant according to its species throughout the year to encourage healthy growth habits according horticultural best practices; Fertilization application; Irrigation; minor and major repairs; Hand watering (as necessary); Bleeding of valves necessary during emergencies and/or when automatic systems are not functioning properly; Pruning of shrubs and trees (first twelve vertical feet measured from the ground); Trimming of shrub areas, and ground cover; Keeping minimum eighteen (18) inch clearance from fence lines behind homes; Disease control; Pest control; Tree maintenance; (first 12’ of trees and as agreed) structural pruning per ANSI Best Management Practices; Inspection, maintenance and repairs of irrigation systems; Mulching (City provided mulch); will be disbursed by the contractor at their expense; Manual weed abatement; Chemical weed control; Maintenance of fire protection/fuel modification areas; Marking underground irrigation lines and other LMD equipment upon Dig Alert notification and/or other requests; Traffic control (per Watch Manual) while working in the public right of way, medians, and parkways; Litter pickup, doggie litter removal, trash bags removed and replaced from receptacles (City provided dog waste bags; City-reimbursed trash bags - Contractor’s cost plus no more than 15%); Irrigation Specialist, Irrigation Assistant, Laborers and Foreman are provided as proposed at minimum and as necessary to provide the expected level of maintenance. 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 A1 & 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 “Team Composition” and “Rotation Schedule” that will serve as the expected minimum 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. 2.5.Inclement Weather and Adverse Conditions Unless determined to be an unsafe working condition, on days of light precipitation and/or forecasted rain the contractor shall continue to be present as scheduled performing alternative tasks, such as but not limited to the following; monitoring of drainage devices, drain inlet clearing, maintaining/cleaning of walkways, debris removal within planting areas, hand pruning of shrubs, etc., or as directed by Special Districts. During periods of extremely adverse and inclement weather, the Contractor shall be present as scheduled performing inspections of the maintained areas, maintaining drainage devices for proper flow, as well as monitoring the overall state of the site and reporting any concerns in regards to safety and property during regular assigned hours. Contractor shall report any storm damage or issues related to inclement weather/adverse conditions to Special Districts within 24 hours of occurrence. All storm damages must be photo documented prior to any removal or clean up. If remedial work is required beyond the scope of the contract, it may be paid as additional work upon approval by Special Districts. 2.6.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: Landscape refurbishment; tree, shrub, and ground cover installation; Irrigation system refurbishment and/or repair; Construction and/or storm related operations; Emergency response operations; Electrical repairs; Tree Trimming / Tree planting / Tree counting; Concrete removal and replacement, block wall and brick repairs; Fence installation and repairs, wood, vinyl, and Crete Rail; Integrated pest management / Chemical applications to trees; Streetscape furniture cleaning and pressure washing of walkways and appurtenances. At the discretion of LMD, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract. 2.7.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. 2.8.Contractor shall clearly identify and equip each vehicle used within the City with decals on the exterior right and left front door panels identifying the Contractor's 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. 2.9.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. 2.10.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. 2.11.Contractor’s employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of WeatherTrak 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. 2.12.Contractor shall provide cellular communication to each crew foreman and have the ability to connect to City Monitors and Special Districts representatives. 2.13.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 an as-needed basis. The Contractor must submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission. 2.14.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. 3.LANDSCAPE AREAS TO BE MAINTAINED 3.1.The LMD areas to be maintained under the provisions of this Agreement are specifically identified in Attachment B. 3.2.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 LMD for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LMD areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or alteration. 4.CERTIFICATIONS/REPORTS/RECORDS 4.1.Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing Wage Certification Report which shall be made available to LMD 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. 4.2.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. 4.3.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: Quantity and complete description of all commercial and organic fertilizer(s) used. Quantity and label description of all grass seed used. Quantity and complete description of all soil amendments used. 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. 4.4.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. 4.5.Violation Records: The awarded contractor shall not have two (2) or more Cal-OSHA 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). 5.ADDITIONAL WORK 5.1.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. 5.2.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. 5.3.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. 5.4.All additional (or 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. 6.CONTRACTOR’S LIABILITIES 6.1.All damages resulting from Contractor's operation within the LMD areas shall be repaired or replaced at Contractor's expense within 48 hours. 6.2.All such repairs or replacements shall be completed within the following time limits. Irrigation damage shall be repaired or replaced prior to the next regularly scheduled watering event or as agreed upon with Special Districts. 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. All concrete walkway, block walls, light poles, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LMD staff. 6.3.All repairs or replacements shall be completed in accordance with the following maintenance practices. 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. Shrubs: Minor damage may be corrected by appropriate pruning as required in Section 19, "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 19 "Shrub and Ground Cover Care" of the Specifications. 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. 7.INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 7.1.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. 7.2.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. 8.OFFICE INQUIRIES AND COMPLAINTS 8.1.Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Homeowners Associations, property owners, and tenants within said LMD 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, shall be available for notification by telephone or text communication. 8.2.Whenever immediate action is required to prevent impending injury, death, or property damage to the LMD 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. 8.3.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. 8.4.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. 9.SAFETY 9.1.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. 9.2.It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the LMD 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: Filling holes in planting areas, and paving; Using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards; 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. 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. 9.3.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. 9.4.Contractor agrees to report any signs of homeless encampment activity, including but not limited to, trash/debris, personal items, homeless persons present, etc. immediately to LMD Office staff for appropriate actions to be taken by internal City staff. Contractor staff are not to approach any homeless persons in the zones and should seek advice from LMD staff accordingly. 10.HOURS AND DAYS OF MAINTENANCE SERVICES 10.1.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 C) “2023 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 C) 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 City of Santa Clarita limits in accordance with ordinance 11.44.010. 10.2.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. 10.3.For the purpose of this contract, “work” time in the field excludes lunch, breaks, and travel time to and from the contractor’s yard. Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. A legal day’s work shall constitute eight (8) hours of labor under this Agreement, and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than 8 hours during any one day or more than 40 hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of $25 for each laborer, worker, or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than 8 hours in any one calendar day or 40 hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 11.MAINTENANCE SCHEDULES 11.1.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 LMD 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. 11.2.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. 11.3.Contractor shall notify Special Districts, in writing, at least one (1) week prior to the date and time of all the following maintenance operations: Fertilization; Micro-Nutrients/Soil Amendments; Spraying of Trees and Shrubs; Aesthetic/Structural Tree and Shrub Pruning; Preventative disease control; Transplanting of small and medium sized plants; Lane closures notification for median or parkway maintenance is required; Other Items as Determined by Special Districts 11.4.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. 12.CONTRACTOR’S STAFF 12.1.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. 12.2.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 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 LMD covered under this Agreement. 12.3.LMD 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 LMD. 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 LMD staff as necessary. 13.SIGNS/IMPROVEMENTS 13.1.Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefore is obtained from LMD Special Districts. 14.UTILITIES 14.1.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. 15.NON-INTERFERENCE 15.1.Contractor shall not interfere with the public use of the LMD 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. 16.USE OF CHEMICALS 16.1.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. 16.2.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. 16.3.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. 16.4.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. 16.5.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. 16.6.All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 16.7.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. 17.STORAGE FACILITIES 17.1.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. 18.SHRUB AND GROUND COVER CARE 18.1.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. 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. Disease and Insect Control: All LMD areas are to be maintained free of disease and insects and treated when needed pursuant to Section 22. Weed Control: All ground cover and shrub beds are to be kept weed free at all times. Methods for control shall incorporate the following: a.Mulch application to 3” layer 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 LMD staff. Such removal will be considered an extra and will require submittal of a proposal and approval by LMD staff.) b.Hand removal c.Cultivation d.Chemical eradication using non-residual herbicides 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 “additional work” as described in Section 4 and/or Exhibit B2: 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. Fertilization: Application of an LMD 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 LMD staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization. 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 25 shall apply to trees, shrubs, and ground cover. Diversion Requirements: In keeping with State mandated requirements, the LMD 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. 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 LMD 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 healthy vigorous 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 19.1.Contractor under the terms of this agreement shall perform the following services: Tree Maintenance a.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. Wound dressings are never used on any tree pruning cuts. b.All sucker growth is to be removed from trees as it occurs. c.Maintain an 8-foot clearance for branches overhanging walkways and public sidewalks. d.Report insects and tree diseases to Special Districts Inspector. e.Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees. f.Tree stakes shall be pentachlorophenol 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. g.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. h.Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. i.Broken branches are to be removed immediately whether they are in the tree or on the ground. j.All tree wells in sidewalks within the maintenance areas’ boundaries to be kept weed free and mulched where applicable. 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 LMD, 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. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor. Tree Replacement: All trees permanently damaged as a result of action or inaction by the contractor will be replaced as provided for under Section 6 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 required during the establishment period. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by use of “Maintain,” "Florel" or other approved product. Two (2) applications shall be required 7-10 days apart. The first application shall be applied when ½ to ¾ 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”. 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”. 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. 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. Street Tree Wells: Contractor is responsible to keep all tree wells within LMD areas weed- free and maintain tree well irrigation system in accordance with Section 25 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 20.1.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. 20.2.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/. 20.3.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. 20.4.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: 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. Dead wood from woody plants shall be removed and/or trimmed when the area is brushed. May be required at the direction of Special Districts 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 LMD 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. When weeding or brush removal is required, the required weeding shall be completed as soon as possible and shall be completed throughout an LMD within a maximum period of 30 days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. 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. 20.5. 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. 20.6.The maintenance of the manufactured slopes requires that the planted slopes be weeded 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 19 and 20 of these Specifications. 21.USE OF INTEGRATED PEST MANAGEMENT 21.1.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. 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. 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. 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. 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. 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 22.1.Contractor shall at their sole expense under the terms of this agreement perform the following services: 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 LMD staff in advance. 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. 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. 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: a.Gum, b.Animal feces, c.Grease, d.Paint, e.Graffiti, f.Glass and debris All walkway cracks and expansion joints shall be maintained weed and grass free at all times. 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. Diversion: The Contractor will 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: a.All drains and catch basins shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LMD are functioning properly at all times b.All LMD 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. c.All LMD 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) d.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. e.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 23.1.The Contractor shall perform a maintenance inspection of all facilities on a weekly basis within the LMD 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/faq.php 23.2.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 (1) week prior to the date of inspection. In addition, bi-weekly interim inspections may be made by Special Districts if deemed necessary by LMD Staff. 24.WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR 24.1.All irrigation systems within the LMD areas designated in these specifications will be repaired and maintained as required for proper operation by the Contractor; excluding programming which is included in the contract. Irrigation repairs 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/uploadedFiles/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf Scope of Responsibility: The contractor shall maintain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of: a.Irrigation Programming b.Irrigation Station Identification/Location c.Irrigation Heads d.Remote Control Valves e.Flow Sensors f.Flow Sensor Programming g.PVC Piping (Including mainline and laterals) h.Quick Couplers i.Risers j.Swing Joints k.Check Valves l.Irrigation Booster Pumps m.Solar Controllers/Valves n.Battery Operated Controllers/Valves o.Valve Boxes, Quick Coupler Boxes, Etc. p.Irrigation Controller Programming and Setup Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. 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 required to sustain and prevent loss of trees, annuals, perennial plants, and ground covers or when automatic systems are not functioning properly. 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. 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 LMD will provide a password for access. 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. 24.2. The contractor will be responsible to complete the following WeatherTrak training through HydroPoint University: Level 1 – WeatherTrak Basic Systems Training. Proof of completion to be provided with proposal submission. Additional trainings are available and participation is encouraged. 24.3. Controllers: 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. 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 LMD will provide a username/password for access. 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. a.Severe Alerts to be resolved within 24 hours. b.Major Alerts to be resolved within 5 working days 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 LMD 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. 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. 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. 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.). 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. 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). 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. Contractor shall utilize “cycle & soak” in programming in order to eliminate excessive run- off. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by The City of Santa Clarita. When available, copies of controller maps shall be kept in enclosures at all times. 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. 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. 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. Only 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. The Contractor shall test the soil in 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. 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 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. 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. It is required that soil conditions be constantly monitored with a soil probe to ensure that over-saturation of the soil does not occur. 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. 24.4.Operation of Systems: 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). 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 trees, annuals, perennial plants, and ground covers when automatic systems are not functioning. 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. 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 LMD for review. Contractor shall adjust and clean as necessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate. Contractor shall be responsible for hand-watering any pots not provided with an irrigation system to maintain plants and promote optimum growth. 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. 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. 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. 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. 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 sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis. 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. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed. 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. 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. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur. 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. 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. 24.5.Repairs: All pop-up heads should be assembled on triple swing joints. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance. All remote-control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency. 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. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis. 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). 24.6.Conversation: 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. 24.7.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 Santa Clarita is subjected to. 25.MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS 25.1.Hardscape surfaces, walkways, service roads and drainage systems 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 LMD Monitor or directly to City Staff. 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. Contractor shall be responsible for sweeping/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LMD Staff or as requested by Special Districts. All debris must be collected and removed. 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 11. 26.GRAFFITI ERADICATION AND CONTROL 26.1.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/technology- services/egraffiti 26.2.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 5. 26.3.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 27.1.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. 28.FUTURE/ADDITIONAL MAINTENANCE AREAS 28.1.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 & B2) in this document for similar landscape/terrain. RESPONSE FORMAT AND SELECTION CRITERIA PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format. 1.1.RESPONSE FILE: 1.1.1.Introduction – A general introduction and description of the proposal shall be provided. The format of the introduction is at the discretion of the contractor. 1.1.2.Background – Provide insight to your company and its resources. Explain the company background and philosophy and what qualifies this company to be a successful candidate for the City’s contract. 1.1.3.Scope of Work – Describe the work program. Identify how the objectives of the specifications will be performed. Relate the business practices to the specific tasks required and explain the proposed method for adhering to the landscape maintenance requirements. Include contractor’s approach to the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas, problem resolution, and any other areas that explain how the work will be performed and managed. 1.1.4.Schedule – Describe the time schedule for each proposed task and area rotation. Provide staff descriptions and quantity on daily, weekly, monthly, and seasonal timelines. Proposed work periods and completion dates, as well as any anticipated meeting dates, should also be identified. 1.1.5.Personnel, Equipment, and Facilities – Describe the personnel qualifications, equipment to be provided, and numbers of both dedicated to the areas for this contract. Explain/show the reasoning for the type, number and composition of staff and equipment for this contract and how the cost of such provides adequate or superior value to the contract. 1.1.6.Exhibits – The documents within Section D are required to be submitted with the proposal response and can be referred to throughout the RFP. However, expansion on all aspects listed above is strongly encouraged. See Document Checklist for more details. 1.2.COST FILE: 1.2.1.Statement of Offer and Signature – The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work. 1.2.2.All proposals must be submitted according to specifications set forth in this section. Failure to adhere to these specifications may be cause for rejection of proposal. 1.2.3.Cost File must be submitted separately from the Response File. 2.PROPOSAL EVALUATION AND CONTRACTOR SELECTION – An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the proposer with the highest technical ranking nor award to the Proposer with the lowest Cost Proposal if doing so would not be in the overall best interest of the City. The overall criteria is listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. 2.1.SELECTION CRITERIA: 2.1.1.Team Composition: Contractor qualifications, staff qualifications, and number of staff provided. (Includes but not limited to Section 12 and Exhibits E & G1-G2) 2.1.2.Rotation Schedule: Use and mobilization of resources. Proposed timeline to service all areas. (Includes but not limited to as described in Section 12 and Exhibit E) 2.1.3.Acknowledgement & Successful Understanding of Scope of Work: Proposed method and guidelines for adhering to the landscape maintenance requirements to include but not limited to: Description and clarity of approach in the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas and problem resolution. (Includes but not limited to Exhibits D & J) 2.1.5.References(Included but not limited to Exhibits C, F &I) 2.1.4.Cost of services provided (Exhibits A & B1-B2) 2.1.5.Value: Cost in relation to manpower. What makes the contractor the best candidate to provide the services requested. (Includes but not limited to Exhibits A, B1, B2, D, G1-G2) During the selection process, the evaluation panel may wish to interview proposers with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact. SECTION C Sample Agreement SAMPLE ONLY CON-6 Council Approval Date:________ Agenda Item: ________ Contract Amount:________ MAINTENANCE AGREEMENT 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: CONSIDERATION. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and A.As additional consideration, CITY agrees to pay CONTRACTOR an amount as 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 , to . The Agreement may be renewed upon mutual consent of the parties. SCOPE OF SERVICES. CONTRACTOR will perform services listed in the attached Exhibit “ .” 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. 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. 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 http://www.dir.ca.gov/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 perdiem 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. 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 otheramounts 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. 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. FAMILIARITY WITH WORK. 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 Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 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 theservices 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. 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. 3.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 InsuranceLimits (combined single) Commercial general liability:$1,000,000/$2,000,000 (aggregate) Business automobile liability$1,000,000 Workers compensationStatutory 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 of $1,000,000 per occurrence, $2,000,000 general aggregate, 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 ISOBusiness 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.Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and 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 penalty. H.Should Contractor’s insurance required by this Agreement be cancelled at any 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. I.Additional insured status.General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITYand its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. J.Primary/noncontributing.Coverage provided by CONTRACTORshall be primary and any insurance or self-insurance procured or maintained by CITYshall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITYbefore the CITY’Sown insurance or self-insurance shall be called upon to protect it as a named insured. 4.TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and CITY gives CONTRACTOR a written Notice to Proceed. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, anysuch professional services are at CONTRACTOR’s own risk. TERMINATION. CITY may terminate this Agreement at any time with or without cause. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 5.INDEMNIFICATION. CONTRACTORshall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Contractor’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITYindemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement the Contractor shall provide a defense to the CITY indemnitees or at the CITY’S option reimburse the CITYindemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims. 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 toexercise 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. NOTICES. 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: 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. 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. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 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, nor will it be deemed to constitute a continuing waiver. 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. 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. CAPTIONS.The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 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. 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. 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. 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. FORCE MAJEURE. Should performance of this Agreement be preventeddue 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. 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. CONFLICT OF INTEREST.CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. 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. 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. ELECTRONIC TRANSMISSION 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) IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONTRACTOR:IF CORPORATION: By:By: Print Name & TitlePrint Name & Title Date:Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Fringe Benefit Statement Contract/Proposal No:Project Name:Date: INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below. THIS DOCUMENT CONTAINS PERSONAL INFORMATION AND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE. Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Classification:Effective Date:Subsistence or Travel Pay: Trust Fund Paid to:(Name) Health and Welfare Address: $ Trust Fund Paid To:(Name) Pension Address: $ Trust Fund Paid to:(Name) Vacation/Holiday Address: $ Trust Fund Paid To:(Name) Training Address: $ Trust Fund Paid To:(Name) Other Address: $ Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications bemade. I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE. City of Santa Clarita Form HC-50 FBS (Contractor/Subcontractor)By (Name and Title)eSignature SECTION D Exhibits EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1. LMD Zone T29 (American Beauty) $ _____________x 12 months $ Total (Column B) Total proposed amount annually, in legibly printed words: ______________________________________________________________________________ EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency Irrigation Laborer $_____ per hour $_____ per hour Landscape Laborer $_____ per hour $_____ per hour QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped SF 500 $ $ 1. with turf. Price for maintenance of landscape with 2. SF 1,000 $ $ trees, shrubs, and ground cover. Price for maintenance of landscaped, 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ shrub. Price for installation of five (5) gallon 5. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ shrub. Price for installation of fifteen (15) gallon 7. EA 5 $ $ tree. Price for installation of twenty-four-inch 8. EA 2 $ $ (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 2021, 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 Class C-27 California Landscaping Contractor License. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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. EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. 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 Started Date Completed 2._________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed 3._________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. 1.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 2.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 3.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 4.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 5.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 6.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 7.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10.Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15.Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: Zone T-29 (American Beauty) Supervisors Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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: _______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ 3. ___________________________________________________________________________________ 4. ___________________________________________________________________________________ 5. ___________________________________________________________________________________ 6. ___________________________________________________________________________________ 7. ___________________________________________________________________________________ 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 23-LMD-18 Zones T29 Landscape Maintenance. 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: Date: *Estimator’s Signature: Date: *Owner’s Signature: Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.SUMMARY OF CONTRACTUAL REQUIRMENTS a.A contract is required for any service performed on behalf of the City of Santa Clarita (City). b.By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c.Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2.SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a.These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b.You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c.Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3.INDEMNIFICATION a.To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g.Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h.The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________ SECTION E Attachments A-D Monthly – Weekly – ATTACHMENT A1 Daily (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) ATTACHMENT A2 EXAMPLE OF TYPICAL MAINTENANCE PROGRAM Semi-Annual and Annual (For reference only: Actual maintenance schedules shall comply with maintenance specifications.) PROPOSAL # City of Santa Clarita, California Inventory List: Zone T-29 Item # DescriptionAPPROXIMATE Estimated Quantity Square Footage Irrigated Landscape 1 246,086 Non-irrigated Landscape 2 22,215 Backflow devices 3 1 Irrigation controllers 4 2 Irrigation enclosures 5 2 Paseo pole lights 6 0 7 Trail foot lights 0 8 Bridges over street 0 9 Tunnels and lights 0 10 Monument signs0 11 Tennis courts0 12 Trash containers cement/other0 13 Paseo and Trail walkways 0 14 Drinking fountains 0 15 Playgrounds0 HOLIDAYDATE CELEBRATED Monday, January 2 New Year’s Day 2023 Monday, January 16 Martin Luther King Jr. Day Monday, February 20 President’s Day Monday, May 29 Memorial Day Monday, June 19 Juneteenth Tuesday, July 4 Independence Day Monday, September 4 Labor Day Monday, October 9 Columbus & Indigenous People’s Day Friday, November 10 Veterans Day Thursday, November 23 Thanksgiving Day Friday, November 24 Day after Thanksgiving 1/2 Day for Christmas Eve Friday, December 22 Christmas Day Monday,December 25 1/2 Day for New Year’s Eve Friday, December 29 If a holiday should fall on a Saturday, it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. In addition to the scheduled holidays identified above, full-time employees receive one floating holiday granted on January 1. This is a “free” day which may be used at any time before the end of the calendar year with prior approval ofthe Department Head and/or Division Manager. City of Santa Clarita 23-LMD-18 Zones T29 Landscape Maintenance Proposal #LMD-23-24-06 Landscape Maintenance Services Proposal September 5, 2023 City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 To Whom It May Concern: Thank you for allowing Marina Landscape Services, Inc. the opportunity to submit our landscape maintenance services proposal for 23-LMD-18 Zones T29 Landscape Maintenance Proposal #LMD-23-24-06. Marina Landscape Services is a full-service landscape management company dedicated to providing exceptional customer service in the Southern California sector for over 35 years. Marina Landscape Services has established the benchmark of quality and service with our experienced team of professionals and technicians. Our desire is to provide with the most attentive, reliable and professional landscape maintenance service in the industry. Marina Landscape Services has been recognized by our clients, as well as, our peers for our quality landscape management and water management practices. Our first goal as your service provider will be to conduct a complete irrigation audit and initiate proper programming and scheduling of the irrigation system. A report will be provided to the Landscape Maintenance District (LMD) administrator with proactive suggestions and recommendations to ensure continuous improvements to the irrigation system and landscape at LMD Zone T-29 (American Beauty). Marina Landscape Services has developed and provided a detailed maintenance schedule for the landscaped areas in LMD Zone T-29 (American Beauty). This schedule will serve as an essential communication tool for the LMD administrator to have a thorough understanding of our service plan. These maintenance routines will be initiated and reviewed as required to maintain service levels, as well as, to provide a consistent quality and appearance. Enclosed, please find our landscape maintenance services proposal for LMD Zone T-29 (American Beauty). Marina Landscape Services, Inc. will furnish all labor, equipment, tools, services and special skills required to execute the landscape maintenance specifications set forth in this request for proposal. The services include, but are not limited to; mowing, trimming, edging, pruning, fertilization, pre-emergent herbicide application, weed control, minor tree care, plant replacements, and cleanup and clearing of drainage systems and maintenance of fuel modification areas. These maintenance management practices will be performed to maintain the landscape in an attractive and healthy condition at all times. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Thank you for your consideration of our services as we look forward to the opportunity to work with the City of Santa Clarita. I have been a long-time resident and landscape contractor in Santa Clarita Valley. My team and I feel we have built a strong reputation in the industry and have established a good working relationship with the projects we manage. We are very familiar with your project and fully understand the needs and expectations of the project site and the City of Santa Clarita. We would be delighted to have LMD Zone T-29 (American Beauty) in our portfolio and work towards establishing a long-lasting working relationship with the City of Santa Clarita. It will be our goal to provide immediate impact and improvement and excellent ongoing landscaping services to LMD Zone T-29 (American Beauty). We look forward in working with the City of Santa Clarita. If you have any questions, or if I may provide you with any additional information, please do not hesitate to contact me. Sincerely, Marty Stowell CEO Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Background About Marina Landscape Services Marty Stowell, CEO, of Marina Landscape Services started in the landscape maintenance industry in 1986. Marty built a landscape maintenance and installation company with the primary focus of servicing Homeowner Associations, Commercial, Public Works, Parks, and Sports Field maintenance contracts. Our team of qualified professionals are at the top in the Los Angeles County area currently servicing over 1,500 acres of slopes, turf, planters, irrigation, water, trees and fuel modification zones. We are proud of our achievements and we are confident that our customers will attest to our commitment. Today, Marina Landscape Services, employs over 200 trained landscape technicians. Our corporate office is located at 24801 Pico Canyon Rd., Suite 302, Stevenson Ranch, CA 91381. Our office is open Monday through Friday from 7:00 a.m. - 4:00 p.m. Philosophy Marina Landscape Services, Inc. is a reputable landscape services company, we take extreme pride in our work and our team takes proactive measures to ensure the needs our clients are achieved and exceeded. We understand the needs and challenges of LMD Zone T-29 (American Beauty). Marina Landscape Services works with our clients to provide solutions. Marina Landscapes Services, staffs our projects with the most qualified personnel, equips our team members with essential communication tools, and new vehicles and equipment for better efficiency and production, implements the latest horticultural practices, and applies advancing technologies. We believe we provide our team with the proper tools to effectively and efficiently address the day-to-day needs of our customers to provide an exceptional level of service. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Scope of Work Marina Landscape Services, Inc. understands the scope of work and the requirements for landscape maintenance services for LMD Zone T-29 (American Beauty), and the importance and impact the landscape can have on the overall appearance of the City. The areas will be maintained at industry standards and all work will be performed in a professional manner and using proper equipment and tools, and quality materials. Transition Plan Marina Landscape Services will work with the City of Santa Clarita Landscape Maintenance District (LMD) administration staff in advance to determine the current state of the landscape zones to be taken over. Meetings will be scheduled, as necessary, between LMD representatives and the Account Supervisor and the Landscape Maintenance Foreman to start a constructive dialog that will carry over as the project is transitioned over from the departing contractor. A thorough initial inspection will be made and documented with suggestions for improvement. Any approved suggestions will be implemented upon the start of contract. One of the first processes Marina Landscape Services implements on a new contract is an irrigation audit. Our audit ensures that the irrigation system is operating properly. Ensuring that the irrigation is properly operating will reduce water cost and usage, while making sure proper job-site to ensure all the standards are being met to insure maximum water conservation. Provided below is a sample of our Irrigation System Audit Worksheet. Marina Landscape Services will follow the maintenance schedule for the landscaped areas at LMD Zone T-29 (American Beauty). These maintenance routines will be initiated and reviewed as required to maintain service levels, as well as, to provide a consistent quality and appearance. General Landscape Maintenance Services Landscape maintenance services will be provided per the contract specifications utilizing best practices assuring minimum disturbance to the neighbors, visitors, and facility staff. Marina Landscape Services recognizes that this is an important matter and will diligently oblige. To ensure that this is achieved, we will rely on up-to-date scheduling and changes submitted by the City Irrigation System Maintenance Marina Landscape Services will inspect the irrigation system to ensure the plant material is receiving an adequate amount of water, and that the irrigation controllers are set to the proper specifications and ensure the irrigation components are operational. Our Irrigation Technicians and Irrigation Specialists recognize that water conversion is crucial and having an efficient watering practice is the key to optimizing water usage. Efficiency will be achieved by proper adjustments and by making the necessary repairs to the irrigation. Irrigation inspections will be performed per the contract specifications and issues will be reported to the LMD administrator. Our Account Supervisors, Landscape Maintenance Foreman, Irrigation Technicians and Irrigation Specialists are experienced and trained in the operation of WeatherTrak controllers, Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 and will adhere to the Irrigation Association, Best Management Practices. Marina Landscape Services will utilize an Irrigation System Audit Worksheet as a guide for our landscape irrigation inspections. Water Management Marina Landscape Services has an established working relationship with the local water agencies in providing our projects with the latest in water and irrigation product rebates. In a constantly advancing industry, we are committed to water conservation and resource technologies. By installing low-water-use plants, retrofitting irrigation systems with industry- advanced components, and utilizing on-site weather stations, flow sensors, rain sensors has been successful in saving our customers in water usage. Marina Landscape Services has fully trained personnel to address all of the irrigation needs. Our Irrigation Specialist and Irrigation Technicians have vehicles stocked with the necessary irrigation components for all irrigation needs. Our Irrigation Specialist and Irrigation Technicians are certified in irrigation and management practices and are experienced with the following irrigation controllers: WeatherTrak, Calsense, RainBird, Irritrol, Hunter, ET Water, RainMaster, Baseline, and Weathermatic. Another value-add service Marina Landscape Services employs is a water consumption analysis to enhance the water conservation goals, as well as, a soil analysis of the landscaped areas for a better understanding of the soil dynamics. In addition, Marina Landscape Services also has over 20 years of knowledge and experience in the application of fertigation. Weed, Disease and Pest Control To ensure a healthy and well-kept plant community, Marina Landscape Services will implement preventative measures and when the need arises will take active measures to ensure quality flora. Our Landscape Maintenance Foreman are trained on a regular basis and will notify the Account Supervisor of any pests and/or diseases that may be present. Marina Landscape Services personnel are always observant for target pests, and seasons will always be a consideration. Prevention consists of reducing plant stress, as many of us know plants are more susceptible to damage and disease under stressful conditions thereby, we provide proper pruning techniques, adequate watering practices, mulching, and in addition we will provide well maintained and clean equipment to execute the work. For weed control, cultivation is our preferred form of control, however, if chemical application is necessary, Marina Landscape Services with consult with our team of Qualified Applicators for proper application recommendations. Storm Preparation Procedures Marina Landscape Services proactively cleans the storm drains, v-ditches, and inspects the slopes for erosion issues during our maintenance rotation, as well as, before, during, after rain activity. During rain and wind events, the Landscape Maintenance Foreman is monitoring the site and on stand by for emergency responses. Issues will be reported to the LMD administrator. Emergency Response Procedures When notified of a landscape and/or irrigation emergency during the hours and days of maintenance services, Marina Landscape Services will respond by phone and/or text message to the LMD administrator within fifteen (15) minutes of notification. When notified of a landscape Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 or irrigation emergency outside of the normal hours and days of maintenance service, Marina Landscape Services will respond within thirty (30) minutes. If necessary, personnel and equipment will be provided within two (2) hours. For maintenance and/or irrigation emergencies, Account Supervisor, Alonzo Aguilar, will be the direct contact and can be reached at (661) 904- 9478. In addition to direct communication with the Account Supervisor, Marina Landscape Services customer service can also be contacted during business hours at (661) 753-3730. Damage Prevention On a daily basis an initial inspection of the work area will be performed by the Landscape Maintenance Foreman. The purpose of the inspection will be to identify areas that could potentially be a liability. Findings will be reported to the LMD administrator and a remediation plan will be developed. Safety Safety is a priority at Marina Landscape Services, Inc. Our technicians are very aware of their surroundings and participate in daily tailgate safety meetings. Every employee of Marina Landscape Services goes through a safety training program at the beginning of their employment and our continuing education only strengthens those foundations. Safety training meetings are monthly. We hold meetings to learn emergency procedures every two months, and training on -enact the incident to educate other employees demonstrating how the accident occurred, and what we could do to prevent it from occurring again. Our employees are equipped with Personnel Protective Equipment (PPE) that will protect them and others from being injured. The PPE includes safety glasses, gloves, proper foot wear, long-sleeves and pants, dust masks, ear plugs and reflective attire/equipment. Marina Landscape Services trains all employees on how to properly operate and work around all of our maintenance equipment. Employees learn signaling to a vehicle and wear reflective attire all the time while being in the surroundings of equipment or traffic. Public safety is heavily regulated. The Account Supervisor will perform a job-site safety analysis to identify any potential hazards or safety risks, any found will be reported to the Safety Manager for any that pose immediate risk or hazard to the public this area will be reported to the LMD administrator. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Irrigation System Audit Worksheet Project NameDate Address City, State Page of Abbreviation Key: S = Spray, fixed nozzle R = Rotor, including MSMT nozzles I = Impact = Needs correction = Correction Controller ID/ Name Controller Station # Sprinkler type (Choose one) Station Flow (gpm) High Pressure (psi) Low Pressure (psi) Action Required (Place "" for needs correction, "" when completed") Broken pipes Missing/broken heads Missing nozzles psi adjustment needed Clogged nozzle Heads not turning Arc misalignment Low head drainage Leaking seals/fittings Spray defelected/blocked Sunken head Titled heads Mismatched heads Spray/rotor separation Spacing uneven Valve malfunction Observations on Maintenance Frequency Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Schedule Marina Landscape Services will provide on-site staffing to perform the required maintenance services between Monday through Friday. The work schedules consist of a Maintenance Schedule, Rotation Schedule and Maintenance Program and have been included in this proposal. Please refer to the Maintenance Schedule section of this proposal. The work schedules identify and delineate the time frames for the required functions set forth in the scope of work. The Maintenance Schedule outlines which days of the week the LMD zones will be serviced. The Rotation Schedule illustrates the areas that will be serviced on a monthly rotation basis. The Maintenance Program outlines daily, weekly, monthly, semi-annual and annual timelines for landscape maintenance operations. A written copy of the City approved schedule will be kept in the company vehicle at all times and be available upon request of LMD administrator. Marina Landscape Services will notify LMD administrator at least one (1) week prior to the date and time of all the following maintenance operations: fertilization; turf aeration; turf renovation/verticutting; micro-nutrients/soil amendments; spraying trees, shrubs or turf; aesthetic/structural tree and shrub pruning; transplanting of small and medium sized plants; lane closures; fire protection of the natural slopes area maintenance; and other items as determined by Special Districts. Marina Landscape Services will assign an Account Supervisor, a team of Field Technicians consisting of a Landscape Maintenance Foreman, Landscape Maintenance Technicians and Irrigation Technicians to the project site. The Account Supervisor will direct the Landscape Maintenance Foreman and meet with City representatives. The Account Supervisor will visit the job site regularly to ensure all standards are being met. When necessary, the Account Supervisor will create punch-lists for items requiring attention. Meetings with LMD staff will be scheduled when needed. The Landscape Maintenance Foreman will be in direct contact with Account Supervisor, and is responsible for directing and assisting the Landscape Maintenance Technicians in completing the landscape maintenance operations. The Landscape Maintenance Technicians will execute the landscape maintenance operations. The landscape maintenance operations include but not limited to; mowing, trimming, edging, hand pruning, fertilization, application of pre-emergent herbicides, weed control, minor tree raising, plant replacements, and cleanup/clearing of drainage systems. The Irrigation Technician and Irrigation Specialist will oversee the proper operation of the irrigation system. Proper irrigation includes but not limited; to repair and/or replacement of irrigation components and proper scheduling of the irrigation controllers. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Personnel, Equipment, and Facilities Experience and Qualifications Marina Landscape Services is confident our team of qualified management and field personnel bring years of valuable knowledge and experience. Our personnel are certified in safety, traffic control, Occupational Safety Health Act (OSHA) compliance, pest control application, pest control advising, water management and arbor care. Management Personnel Marty Stowell, CEO Marty has been a State of California licensed C-27 contractor for over 35 years. His expertise is found in maintaining Homeowner Associations maintenance contracts in Southern California. His keen eye for scheduling and the utilization of our crews makes our maintenance operation very efficient and effective. Marty has extensive knowledge in landscape irrigation and installation, water management, estimating and construction. Slater Stowell, CFO Slater has been in the landscape industry since his childhood. Slater brings years of experience in operations. He brings her expertise in operations and business to help with the daily operations. Slater oversees all aspects of the office operations from Account Receivable, Accounts Payable, Human Resources, business and new contracts. Efrain Lupercio, Jr., Branch Manager/Senior Account Supervisor Efrain brings years of experience in management of HOA, Commercial, Retail, Amusement Park, Public Works maintenance contracts, renovation, water management, estimating, purchasing and contract administration. He holds a C- Environment Horticultural Science from Cal Poly San Luis Obispo. Alonzo Aguilar, Account Supervisor Alonzo has over 27 years in the landscape industry. He is highly knowledgeable and experienced in managing HOA, Commercial, Retail, Public Works, and Sports Field maintenance contracts, and water management, and renovations. He is also experienced in estimating, purchasing and inventory management. Steven Avelar, Account Supervisor Steven brings over 15 years of landscape maintenance experience. He has a multitude of experience in managing HOA, Commercial, and High-end Retail maintenance contracts, and water management, and renovations. Steven is also experienced in estimating, purchasing and inventory management. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Juventino Orozco, Account Supervisor Juventino has over 16 years of landscape maintenance experience. His background in landscape maintenance has been in field production and management of HOA and Public Works maintenance contracts, water management and renovations. Jorge Trinidad, Irrigation Specialist Jorge has over 15 years of landscape maintenance and irrigation experience. His specialization is in irrigation and water management. He is certified in irrigation and water management. Jorge oversees twelve irrigation technicians. Administrative Personnel Andrea Aguilar, Office Manager/Customer Service Representative Andrea focuses on Customer Service, Human Resources and Payroll responsibilities. Evelyn Trinidad, Office Administrator/Customer Service Representative Evelyn focuses on Customer Service and Accounts Receivable/Payable responsibilities. Field Personnel Our team of field technicians are professional, experienced, well-trained and certified Landscape Maintenance Foreman, Irrigation Technicians and Landscape Maintenance Technicians. The landscape maintenance foreman is responsible for managing the landscape maintenance crew and executing the day-to-day maintenance duties. The landscape maintenance technicians are responsible for executing the day-to-day maintenance duties. The irrigation technician performs the necessary adjustments and repairs to achieve maximum high efficiency of the irrigation system. Consultant Craig Crotty, Arbor Culture LLC Craig Crotty is the consulting ISA Certified Arborist for Marina Landscape Services. He manages private and public projects within the City of Santa Clarita. Craig has been in the arbor care industry since 1991. He is well versed in the arbor care industry. Craig holds certifications from the International Society of Arboriculture. His arborist consulting practice include: Tree Identification, Preservation Plans and Monitoring for Construction, Risk Assessment, Appraisal, Diagnosis and Recommendations, Tree Cultural Care and Management Specifications, Insect and Disease Identification and Energy Conservation Programs. K2group Kriss Keogh, Landscape Architect and President, has provided valuable assistance in water conservation through the practice of water consumption data and analysis services. Kriss has been called upon to evaluate a variety of client requests to track and monitor water use as it relates to physical use, as well as, dollars spent. K2group is available to assist the City of Santa Clarita. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Wildlife Management Professionals Wildlife Management Professionals will be the weed and pest control applicator for Marina Landscape Services. Wildlife Management Professionals holds a valid and active and State of California Department of Pesticide Regulations, Pest Control Business license, and a valid and active State of California Department of Pesticide Regulations, Qualified Applicator certification. The applicator will be used as necessary per the Scope of Services. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Organizational Chart Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91381 Equipment Marina Landscape Services, Inc. is fully equipped with a fleet of new vehicles, power equipment and tools and also has larger equipment available in house. An outline of the vehicles, equipment andtools that will beassignedto this project is providedbelow.Marina Landscape Services employees are uniformed. Uniforms and Personnel ProtectiveEquipment (PPE) shall be properly exhibited. Our Account Supervisors and Foreman areequipped with smart phone devices allowing for efficient communication to help partiesexchangeinformation quicklyand help executetasks promptly. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 Equipment MaintenanceCrewsIrrigationTechnician VehicleVehicle 1 FordF-250Truck1FordF-150Truck 1LandscapeTrailerSmallTools Irrigationcontrollerremote&transmitter PowerEquipmentHandPruners 2BackpackLeafBlowerLoppers 2StringTrimmerShovels(Round,Square&Trench) 2ExtensionHedgeTrimmerToolSet 1ChainsawTrafficControl 1PoleSaw 2Mower SmallTools Hand Pruners Hand Picks Hula Hoes Loppers Shovels(Round,Square&Trench) Rakes HandSaws Garden Spade Forks PolePruner Hoses Quick Couplers Broom Trash Cans FertilizerSpreader TrafficControl Available Equipment Walk-behind Aerators Walk-behind De-thatchers BucketTruck DumpTrucks Commercial Grade Chippers DumpTrailers FrontLoaders Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 Facilities Corporate Office Our corporate office is located at 24801 Pico Canyon Road, Suite 302, Stevenson Ranch, CA 91381. Fleet Dispatch Facility -Coltrane Our Coltrane Fleet Dispatch Facility is located at 23121 Coltrane Avenue, Newhall, CA 91321. With our local facility in close proximity to the project site, we can ensuremaximumservice timeand minimumdrivetime. Fleet Dispatch Facility -Canyon Country Our Canyon Country Fleet Dispatch Facility is located 28010 Tiffany Lane, Canyon Country, CA 91387. We can ensuremaximumservicetimeand minimumdrivetime, with our local facility in close proximity to the project site. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 EXHIBIT A: COST PROPOSAL PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Item Column A Column B Project Site No. Monthly Maintenance Cost Annual Maintenance Cost 1,235.00 1. LMD Zone 17 $ ____________________x 12 months $ 14,820.00 Total (Column B) Total proposed amount annually, in legibly printed words: Fourteen thousand eight hundred twenty dollars and zero cents ______________________________________________________________________________ EXHIBIT B1: ADDITIONAL PRICING PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. 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 proposal, 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: Pricing and Billing Schedule Detail Skill Level Hourly Cost After-Hour Emergency Irrigation Laborer $_____ per hour $_____ per hour 65.0097.50 50.25 Landscape Laborer $_____ per hour $_____ per hour 33.50 60.00 QAC/QAL Herbicide and Pesticide Applicator $_____ per hour N/A Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal 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 UNIT OF ITEM DESCRIPTION QTY UNIT PRICE (UNIT PRICE X MEASURE NO. QTY) Price for maintenance of landscaped SF 500 $ $ 21.25 1. 0.0425 with turf. Price for maintenance of landscape with 0.025025.00 2. SF 1,000 $ $ trees, shrubs, and ground cover. Price for maintenance of landscaped, 0.0250 12.50 3. SF 500 $ $ 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 ITEM UNIT OF DESCRIPTION QTY UNIT PRICE (UNIT PRICE X NO. MEASURE QTY) Price for installation of one (1) gallon 4. EA 5 $ $ 13.50 67.50 shrub. Price for installation of five (5) gallon 175.00 5. EA 5 $ $ 35.00 shrub. Price for installation of fifteen (15) gallon 6. EA 5 $ $ 625.00 125.00 shrub. Price for installation of fifteen (15) gallon 1,125.00 7. EA 5 $ 225.00$ tree. Price for installation of twenty-four-inch 920.00 8. EA 2 $ $ 460.00 (24-inch) box tree. EXHIBIT C: VIOLATION RECORDS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 2021, what was the longest stretch of days worked without an accident in the landscape maintenance division? 182 _________________________________________________________________________________ 3)Please provide any sustained complaints made to your company within the past four (4) years to Cal-OSHA. N/A _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 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 Class C-27 California Landscaping Contractor License. N/A _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ EXHIBIT D: PROACTIVE APPROACH FORM PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Please explain what policies or procedures you and your company will provide to ensure 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? Please see attached page _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ *Attach additional pages as necessary. EXHIBIT D: PROACTIVE APPROACH Marina Landscape Servicesprides itself in providing the best landscape services in the industry. Its team of qualified professionals and technicians pride themselves in servicingits customers withthe most attentive, reliable and professional landscape servicesavailable.Marina supplies our staff with up-to-date communication tools for communication efficiency, providesthe newest vehicles and equipment, appliesthe latest horticultural practices and implementsadvancing technologies for better efficiency and higher production. Marina Landscape Services will work with the City of Santa ClaritaLandscape Maintenance District administration staff in advance to determine the current state of the landscape zones to be taken over. Meetings will be scheduled as necessary between LMDrepresentativesand the Account Supervisor and theLandscape Maintenance Foremanto start a constructive dialog that will carry over as the project is transitioned over from the departing contractor. A thorough initial inspection will be made and documentedwith suggestions for improvement, as necessary. Any approved suggestions will be implemented upon the start of contract. One of the first processes Marinaimplements on a new contract is anirrigationaudit. Our irrigation audit ensures that the irrigation is operatingproperly. Ensuring that the irrigation is properly operating will reduce water costand usage, while making sure proper absorption is occurring in the plant soil.will be visiting the job-site to ensure all thestandards are being metto insure maximum water conservation. Marina Landscape Services will takeallproactive measures to ensure that the quality of service is being met and exceeded.MarinaLandscape Services Account Supervisor, Alonzo Aguilar, will bein charge ofoverseeing ouron-sitestaffdedicated to this contract.Alonzo has over 27 years ofexperience in the landscaping industry andis very familiar with the LMDZone. We are certain the transition from contracts will seamless. Aguilar will be visiting the job site frequently to ensure all standards are being met. When necessary, hewill create punch-lists for anything that needs attention. Using this proactive method of control, we are able to keep our projects in excellent condition. The close proximity of our facility to the project sites ensures there is less drive time to the job, therefore, resulting in more time spent on the job. ağƩźƓğ \[ğƓķƭĭğƦĻ {ĻƩǝźĭĻƭͲ LƓĭ. Serving Santa Clarita Ι Los Angeles Ι Orange County Ι Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 Ι Stevenson Ranch, CA 913 EXHIBIT E: DESIGNATION OF SUBCONTRCATORS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No.Dollar Value of Work As Needed Craig Crotty Arbor Culture Location and Place of Business 424 Mesa Lila Road Glendale, CA 91208 Bid Schedule Item No’s: Description of Work LMD-23-24-06 Certified Arborist License No. Exp. Date: / / Phone ( ) WE-0749A 06/30/2024(818) 636-4917 Subcontractor DIR Registration No. Dollar Value of Work As Needed Wildlife Management Professionals Location and Place of Business 4505 Industrial St #2A Simi Valley, CA 93063 Bid Schedule Item No’s: Description of Work Weed and Pest Control LMD-23-24-06 License No. Exp. Date: / /Phone ( ) 151824 1/31/2023 (805) 813-1785 Subcontractor DIR Registration No. Dollar Value of Work Location and Place of Business Bid Schedule Item No’s: Description of Work License No. Exp. Date: / /Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 proposal 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. EXHIBIT F: REFERENCES PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be submitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Fill out this form completely and upload it with your proposal. City of Culver City - Parks, Recreation & Community Services/9770 Culver Boulevard, Culver City, CA 90232-0507 1._________________________________________________________________________________ Name and Address of Owner / Agency (310) 253-6471 Dani Cullens _________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project Landcape maintenance services and 2018 Current fuel modification management $22,440/month _________________________________________________________________________________ ContractAmount Type of Work Date Started Date Completed Westridge HOA/Valencia Management Group, 25106 Avenue Tibbitts #100, Valencia, CA 91355 2._________________________________________________________________________________ Name and Address of Owner / Agency (818) 974-0099 Rob Nakamura _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project Landscape maintenance services, water management, fuel modification management, Current 2009 $54,938/month and arbor care _________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed Caruso Management Company/101 The Grove Drive, #300, Los Angeles, CA 90036 3._________________________________________________________________________________ Name and Address of Owner / Agency (818) 637-8011 Julie Jauregui _________________________________________________________________________________ N ame and Telephone Number of Person Familiar with Project Landscape maintenance services, water Current 2018 management, and arbor care _________________________________________________________________________________$64,670/month Contract Amount Type of Work Date Started Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds: MaxPro Insurance Solutions, 25129 The Old RoadRd #220, Stevenson Ranch, CA 91381 (661) 425-9153 Ext 102 _____________________________________________________________________________________ Lockton Companies, 444 W 47th Street, Suite 900, Kansas City, MO 64112-1906 (844)290-4908 _____________________________________________________________________________________ EXHIBIT G1: STAFF PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Users Site Supervisor, chemical applicator, irrigation specialist, etc. Alonzo Aguilar Account Supervisor 1. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Amadeo R.Landscape Maintenance Foreman 2. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Landscape Maintenance Technician Angel H. 3. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ Jorge TrinidadIrrigation Specialist 4. Name______________________________________ Job Title________________________________ Level 1-WeatherTrak Basic Systems Training Certified License/Certificates__________________________________________________________________ Efrain Lupercio, JrBranch Manager 5. Name______________________________________ Job Title________________________________ BS Environmental Horticultural Science & C-27 Licensed Contractor License/Certificates__________________________________________________________________ Slater StowellCFO 6. Name______________________________________ Job Title________________________________ Level 1-WeatherTrak Basic Systems Training Certified License/Certificates__________________________________________________________________ 7. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 8.Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 9. Name______________________________________ Job Title________________________________ License/Certificates__________________________________________________________________ 10. Name______________________________________ Job Title_______________________________ License/Certificates_________________________________________________________________ 11. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 12. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 13. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 14. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ 15. Name______________________________________ Job Title_______________________________ License/Certificates__________________________________________________________________ *Attach additional pages as necessary for additional personnel. EXHIBIT G2: STAFF HOURS PROPOSAL # LMD-23-24-7 LMD Zone T17 Landscape Maintenance City of Santa Clarita, California Fill out this form for the following zone: T17. Labor time proposed is time working on site and does not include travel time. Attach additional pages as necessary for additional personnel. ZONE: ___T17____ Supervisors Account Supervisor 2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #1 Landscape Maintenance Foreman 4 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Landscape Maintenance Technician 4 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crew #2 Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Irrigation SpecialistAs Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Spray TechnicianAs Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Specialty Positions Certified Arborist As Needed Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ EXHIBIT H: EQUIPMENT REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 Irrigation milliamp multimeter 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:_______________ Initials EXHIBIT I: CERTIFICATIONS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor. Additionally include: Proof of Contractor’s C-27 License (license number will suffice) WeatherTrak irrigation manager, flow manager and OptiFlow training completion California State Contractor's License C-27 #492212, Marina Landscape Services, Inc. 1. ___________________________________________________________________________________ Martin Stowell, CEO, C-27 License #492212, Staff 2. ___________________________________________________________________________________ Slater Stowell, CFO, WeatherTrak Certified, Staff 3. ___________________________________________________________________________________ Alonzo Aguilar, Account Supervisor, Staff 4. ___________________________________________________________________________________ Omar R, Landscape Maintenance Foreman, Staff 5. ___________________________________________________________________________________ Jorge T, Irrigation Specialist, WeatherTrak Certified, Staff 6. ___________________________________________________________________________________ Craig Crotty, Certified Arborist, ISA WE-0749A, Subcontractor 7. ___________________________________________________________________________________ Troy L Spillman, QAL #151824, Subcontractor 8. ___________________________________________________________________________________ 9. ___________________________________________________________________________________ 10. __________________________________________________________________________________ Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 91355 EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 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 23-LMD-18 Zones T29 Landscape Maintenance. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established specifications throughout the length of the contract. 09/05/2023 *Supervisor’s Signature: Date: 09/05/2023 *Estimator’s Signature: Date: 09/05/2023 *Owner’s Signature: Date: *All three signatures required EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California 1.SUMMARY OF CONTRACTUAL REQUIRMENTS a.A contract is required for any service performed on behalf of the City of Santa Clarita (City). b.By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c.Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City. 2.SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a.These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent. b.You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. c.Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements. 3.INDEMNIFICATION a.To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8). b.The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c.CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4.INSURANCE a.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT 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 Limits Commercial general liability: $1,000,000 Business automobile liability $2,000,000 Workers compensation 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. d.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” 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 employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. f.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g.Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. h.The CITY shall be entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. 09/05/2023 Authorized Signature: ______________________________ Date: ___________________ Efrain Lupercio Printed Name: ____________________________________ Maintenance Schedule LMD ZONE T-29 American Beauty ZONE CREW SERVICE DAY(S) T-29Maintenance Wednesday Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 Maintenance Program Designed to your specific horticultural composition our Maintenance Programwill allowus to properly plan and forecast monthly and seasonal service needs while providing clients auser- friendlyguideline. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 Rotation Schedule Weekly Maintenance Rotation Schedule assures maximum property coverage while maintaining budget ensureoptimum curb appeal. Marina Landscape Services, Inc. will develop an extensive and customizedDaily,Weekly,MonthlyandQuarterlyactionplantoensuremaximumcoverageand efficiencies. Marina Landscape Services, Inc. Serving Santa Clarita · Los Angeles · Orange County · Northern California License #492212 Corporate Office: 24801 Pico Canyon Rd., Suite 302 · Stevenson Ranch, CA 913 Addendum No. 1 August 8, 2023 Addendum No. 1 PROPOSAL # LMD-23-24-06 23-LMD-18 Zones T29 Landscape Maintenance City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the proposal response. The purpose of this addendum is to address the following for this Request for Proposals (RFP): I.BACKGROUND – SECTION 1.3: CONTRACT TERM AND RENEWALS The initial contract term has been changed from a one (1) year contract with the option of three (3) annual renewals, to a two (2) year contract with the option of three (3) annual renewals. END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the response. 09/05/2023 ____________________________________ ____________ Contractor’s Representative Date Marina Landscape Services, Inc. ____________________________________ Company Name PROPOSAL # LMD-23-24-06