HomeMy WebLinkAbout2013-12-10 - AGENDA REPORTS - BID# LMD13-14-26 FOR 3,6,T-31 (2)Agenda Item• 10
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval: 14 ✓t!/1���ry�GxJ
Item to be presented by: Kevin Tonoian
DATE: December 10, 2013
SUBJECT: AWARD CONTRACT FOR BID NUMBER LMD-13-14-26 FOR
LANDSCAPE MAINTENANCE SERVICES IN LMD ZONES 3
(SIERRA HEIGHTS), 5 (SUNSET HILLS), 6 (CANYON CREST),
AND T-31 (SHANGRI-LA)
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council:
Award a two-year maintenance service contract to ValleyCrest Landscape Maintenance, Inc.
to provide contractual landscape maintenance for Landscape Maintenance District (LMD)
Zones 3 (Sierra Heights), 5 (Sunset Hills), 6 (Canyon Crest), and T-31 (Shangri-La) in the
annual amount of $119,400, and $30,000 for unforeseen repairs and maintenance that are not
part of scheduled services for a two-year contract in an amount not to exceed $298,800.
2. Authorize the City Manager or designee to execute all contracts and associated documents, or
modify the awards in the event issues of impossibility of performance arise, and execute all
documents subject to City Attorney approval.
Direct staff to return to the Council prior to the conclusion of the two-year contract to
consider authorizing the City Manager or designee to execute up to three annual renewal
options not to exceed the annual bid amounts, plus Consumer Price Index (CPI) adjustments.
BACKGROUND
The City administers 61 zones within the Landscape Maintenance District (LMD). In total, the
LMD maintains approximately 1,200 landscaped acres, including landscaped medians, parkways,
nine parks, over 20 miles of paseos, 30 bridges and tunnels, and 60,000 trees. Landscape
&PPROWER
maintenance services for the City's LMD operation are provided through contracts with private
companies.
Purchasing staff advertised LMD Bid 13-14-26 for the maintenance of LMD Zones 3 (Sierra
Heights), 5 (Sunset Hills), 6 (Canyon Crest), and T-31 (Shangri-La) on September 26, 2013. Bid
notifications were also provided to the Santa Clarita Valley Chamber of Commerce, Valley
Industrial Association, and 157 known vendors on file with the Purchasing Division. All bid
documents were also made available on the City's website.
As a result, seven electronic bids in response to LMD 13-14-26 were received and opened by
Purchasing staff on October 29. The results of the bids are shown below.
COMPANY
ValleyCrest Landscape Maintenance, Inc.
Venco Western
Stay Green,lnc.
Oakridge Landscape, Inc.
Manna Landscape, Inc.
American Heritage Landscape
Midori Gardens
LOCATION AMOUNT
San Fernando, CA
$119,400
Oxnard, CA
$134,748
Santa Clarita, CA
$137,568
Santa Clarita, CA
$159,048
Anaheim, CA
$193,464
Canoga Park, CA
$202,560
Santa Ana, CA
$207,780
The annual cost to perform the landscape work under terms of this bid was estimated by staff to
be $193,000. The lowest and responsive bid of $119,400, submitted by ValleyCrest Landscape
Maintenance, Inc., represents an aggressive price point when compared to the historical costs for
maintaining the four zones.
Santa Clarita Municipal Code (S.C.M.C.) § 3.12.205 Support of Santa Clarita Businesses states
that the lowest bid or quote submitted by a Santa Clarita business that is within ten percent (10%)
of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed
to be the lowest bidder if the bidder agrees to reduce its bid to match the bid or quote of the
lowest bidder. In this instance, the lowest and most responsible bidder for LMD Zones 3, 5, 6,
and T-31 (ValleyCrest Landscape Maintenance, Inc.) is not a local company. The next lowest
bid submitted by a local company was not within 10% of the lowest bid.
Based on experience and expenditure history, staff can forecast certain re -occurring maintenance
activities and expenditures which are not part of the routine monthly maintenance for each of the
LMD zones. The non-scheduled expenditures include repair activities due to damage or
vandalism, irrigation, and/or drainage repairs, and plant replacement due to damage, inclement
weather, or end of plant life cycle. Non-scheduled expenditures for the four zones when
combined average $53,000 a year.
In consideration of the non -routine expenditures, staff is requesting the Council increase the
potential total annual value of ValleyCrest Landscape Maintenance, Inc.'s contract by $30,000
beyond their base bid amount. It is important to note that this amount is not guaranteed
compensation under the terms of a proposed contract.
By authorizing contract expenditure authority beyond the base bid amounts, the City Council is
taking action to ensure that LMD revenues generated by property owners are utilized in the most
cost-effective manner. Specifically, as a result of not including non-scheduled work as part of
the base bid, the City retains the discretion to authorize and compensate the contractor for
additional work once it has been reviewed by field inspectors and approved by the LMD
Administrator.
A thorough evaluation of the bids determined the proposal submitted by ValleyCrest Landscape
Maintenance, Inc. to be the lowest, responsive, responsible bid. Special Districts staff conducted
a due -diligence review of ValleyCrest Landscape Maintenance, Inc.'s professional references and
determined their performance record meets the City's high standards.
The presence of numerous and qualified vendors within the landscape industry, coupled with
economic conditions, has created an environment where aggressively priced bids have become
the norm during the past few years. As a result, the City continues to achieve significant cost
reductions for landscape maintenance services through the competitive bid process, securing
lower annual maintenance costs and enabling the City to minimize future maintenance cost
increases.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the General Fund. Sufficient LMD funds were appropriated by the City
Council as part of the Fiscal Year 2013-14 budget in the following accounts:
Zone 3
—12525-5161.010, 12525-5141.001
Zone 5
—12527-5161.010, 12527-5141.001
Zone 6
—12528-5161.010, 12528-5141.001
Zone T-31
— 12516-5161.010,12516-5141.001
ATTACHMENTS
Bid No. 13-14-26 available in the City Clerk's Reading File
Bid Response No. 13-14-26 available in the City Clerk's Reading File
Contract No. 13-00439 available in the City Clerk's Reading File
-3-
FOR PUBLICATION ON: Thursday, September 26, 2013
NOTICE INVITING BIDS
Bids must be received electronically before 11:00 AM on Friday, October 25, 2013, by the
Purchasing Agent of the City of Santa Clarita at which time, or shortly thereafter, they will be
publicly opened in Suite 120 for the purchase of:
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-1426
Specifications for this bid may be downloaded from the City's Purchasing website at www.santa-
clarita.com/ourchasina. Please refer to specifications for complete details and bid requirements. There
will be a pre-bid meeting on Monday, October 7, 2013 at 11:00 AM at City Hall, 23920 Valencia Blvd.,
in the Council Chambers to review the bid. After the review vendors will be given the opportunity to
assess the zones.
• In accordance with the provisions of California Public Contract Code Section 3300, the
successful bidder shall submit proof of a State Contractor's License, C_27 with bid response.
Failure to possess the specified license shall render the bid as non-responsive and shall act
as a bar to award the contract to any bidder 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. The project estimate for this work annually, is approximately:
LMD Zone 3 - $22,000/yr
LMD Zone 5 - $66,000/yr
LMD Zone 6 - $30,000/yr
LMD Zone T-31 - $75,000/yr
This contract is subject to the State prevailing wage requirements of the California Labor Code including
Sections 1770, 1771.5, 1773, 1776 and 1777.5. 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 httoJ/www.dir.ca.aov/dlsr/owd. 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.
Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor
Compliance Program, approved by the DIR for projects with a Bid Advertise Date of November 20, 2003
or later, and which will become part of the conformed documents. All pertinent California statutes and
regulations, including, but not limited to those referred to in the City's Labor Compliance Program, are
incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is
responsible for obtaining a current edition of all California statutes and regulations and adhering to the
latest editions of such. Contractor shall submit certified copy of all Certified Payroll Records (CPRs) with
the progress payment on at least monthly basis to the City. The specifications in this notice shall be
considered a part of any contract made pursuant thereto.
Purchasing
(661) 266-4193
CITY OF SANTA CLARITA
INVITATION FOR BID
BID OPENING: October 25, 2013, 11:00 AM
The City of Santa Clarita invites electronically sealed bids for:
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
Terms of payment:
Delivery:
LMD-13-14-26
Subtotal US$
Sales or Use Tax (8.75%): US$
TOTAL: US$
1. Electronic Bids must be ELECTRONICALLY received at:
hftp://www.l)lanetbids.com/r)ortal/portal.cfm?CompanVID=l 6840#
2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service
rendered.
3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is
longer.
4. Bids must be on this Bid form and signed by the vendor's authorized representative and uploaded
to Planet Bids. This signature acknowledges the proposer has read and understands the
requirements contained on pages 1 to 48, Exhibits A to G and separate Appendix C (Labor
Compliance Program).
5. The last day for questions will be 5:00 PM, October 17, 2013.
6. The vendor is responsible for the accuracy and completeness of any solicitation form not
obtained directly from the City.
7. A pre-bid meeting will be held on Monday, October 7, 2013 at 11:00 AM at City Hall, 23920
Valencia Blvd., in the Council Chambers, Santa Clarita, CA. All interested vendors are
strongly encouraged to attend. This will be the one and only pre-bid meeting.
BIDDER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this bid. The undersigned
agrees to furnish the commodity or service stipulated on this bid as stated above.
Name (Pri
Address:
Signature:
Company Phone No. Title of Person Signing
Bid # LMD-13-14-26
TABLE OF CONTENTS
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
Section.............................................................................................Page
NoticeInviting Bids................................................................................
Invitationto Bid.....................................................................................1
Tableof Contents...................................................................................2
BidInstructions......................................................................................3
Terms and Conditions............................................................................7
Administrative Specifications...................................................................10
Bid Security Bond/Proposal Guarantee Bid Bond...........................................32
Faithful Performance Bond......................................................................34
Material Labor (Payment) Bond Zone T-18 ..................................................35
SampleContract.....................................................................................36
Documentation Checklist.........................................................................42
BidSchedule..........................................................................................43
Designation of Subcontractors.................................................................46
References............................................................................................48
Exhibit A Violation Records.......................................................................49
ExhibitB Staff........................................................................................50
Exhibit C Equipment Requirements............................................................51
Exhibit D Parks Inventory.........................................................................52
Exhibit E, Et -E5 Maintenance Program Guide..............................................56
Exhibit F Holiday Schedule.......................................................................62
Exhibit G1 -G6 Zone Maps.........................................................................63
APPENDIX A Labor Compliance Program (separate attachment)
Bid # LMD-13-14-26 2
A. BID INSTRUCTIONS
Submittina Proposals. - (a) The bid response must be ELECTRONICALLY submitted on
this form and include the notice, Request for Proposal Schedule, and all forms or
Information included in or required by Section C, Specifications, (attachments accepted)
(b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must
be submitted to support the total bid price. (c) Proposals/corrections received after the
closing time will not be opened. The City will not be responsible for bids not properly
marked and delivered. Upon award, all submissions become a matter of public record.
2. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to
United States currency. Payments will be made in Unite States Currency.
3. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The
City has the option of accepting or rejecting any alternative bid.
4. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited
nature of our resources and the leadership role government agencies have, supports the
Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in
technology and industries occurring rapidly it is frequently difficult to be aware of the latest
innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products
which result in less energy usage, least impact on natural resources and greatest reuse of post-
industrial and post -consumer material. Bidders are strongly encouraged to offer products and
services meeting these criteria and point out those specific aspects or features in their bid. In
accordance with Public Contract Code 22152 bidders are required to certify in writing the
minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or
supplies, offered or sold.
5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no
response to this bid.
6. Resection. The City reserves the right to reject any or all bids and to waive any informality in any
bid. The City may reject the bid of any bidder who has previously failed to perform properly, or
complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a
position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is
in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.
Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It
is the bidder's responsibility to contact the project manager, for public projects, or Purchasing
prior to submission of the bid to make certain the package is complete and all required addenda
are included. This information will also be available from the City's website if the bid was
downloaded. Bidders are cautioned against relying on verbal information in the preparation of bid
responses. All official information and guidance will be provided as part of this solicitation or
written addenda.
8. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita
Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public
works, professional services or is federally funded. Qualifications of responsibility will be in
accordance with
the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services
resulting from this solicitation. The City may make an award based on partial items unless the bid
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 results of the bid
will be posted on the City's website at www.santa-clarita.com/purchasing normally within 24
hours.
9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this
bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of
exception to this clause in vendor's response will be considered agreement. However, the City of
Bid # LMD-13-14-26
BID INSTRUCTIONS (continued
Santa Clarita 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.
10. Amendments. Any and all changes to this contract must be made in writing and agreed to by the
City. Performance by the contractor will be considered agreement with the terms of this contract.
11. Taxes. Charoes and Extras. (a) Bidder must show as a separate item California State Sales
and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation,
containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to
cooperate with the City in all matters of local taxation.
12. Pa men . (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay
period after receipt and acceptance of goods and/or services and upon using department
confirmation of such acceptance.
13. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be
received hereunder, is binding upon the City unless the City gave written consent before such
assignment.
14. Sub contractors. For all public projects, the Bidder must list any subcontractors 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.
15. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the
purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor
Compliance Program is included herein as an informative reference for the successful bidder. It
does not require any completion prior to contract award but should be reviewed for all necessary
provisions and requirements.
16. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only persons who may
legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of anyone to be
hired, which includes completing the Employment Eligibility Verification Form (1-9). The
Contractor shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
17. Indemnification. The bidder is required to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of any agreement entered into between the parties. Should the City be
named in any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of this Agreement, or its performance, the bidder must
defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the
City for any judgment rendered against it or any sums paid out in settlement or otherwise.
18. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the
amount of at least 10% of the total value of the bid OR 10 % of the value of the 1 s' year of service
for service bids, to guarantee that bidders will enter into contract to furnish goods or services at
prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to
operate in the state of California. Likewise, a Performance Bond and/or Material and Labor
bonds shall be required of the successful bidder when stated in the specification (cash deposit,
certified or cashier's check or money order may be substituted in lieu of either bond).
Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd.,
Santa Clarits, CA 91355, ATTENTION SUITE 120 and marked with the words `BID BOND
FOR" and the bid #, "NO LATER THAN the bid due date and time, for the vendor to be
considered responsive.
Bid # LMD-13-14-26 4
BID INSTRUCTIONS (continued)
19. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall
be provided by using an ACORD certificate of insurance and shall be provided prior to contract
signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa
Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of
$1,000,000 CSL
or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000),
and Worker's Compensation (statutory requirement). For professional services, Professional
Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or
subject to reduction except upon thirty (30) days prior written notice to the City. Specific
insurance requirements will be set forth in any contract awarded to a bidder.
20. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will
be so designated. Bidder is responsible for inspecting and understanding the total scope of the
projects (i.e., specifications, quality, and quantity of work to be performed.)
22. Specifications. 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.
23. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in
describing any item contained in the proposal does not restrict bidders 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 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
supercede any other specifications or requirements cited. Documentation of equivalency must
be submitted with the bid.
At a minimum the documentation must demonstrate equivalency in form, fit, function, quality,
performance and all other stated requirements. The City is final determiner of equivalency.
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.
24. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his
price or prices to others purchasing approximately the same quantities as contemplated by this
contract, the contract prices must be reduced accordingly, and the contractor/vendor will
immediately notify the Purchasing Agent, City of Santa Clarita.
25. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term
of this contract. The City does not pay "surcharges" of any type unless identified in the response
to this bid. All costs will be included in the pricing provided to the City.
26. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds
appropriated for the purpose of this agreement. All funds for payment after June 30 of the current
fiscal year are subject to City's legislative appropriation for this purpose. In the event the
governing body appropriating funds does not allocate sufficient funds for the next succeeding
fiscal year's payments. Then the affected deliveries/services may be (1) terminated without
penalty in their entirety, or (2) reduced in accordance with available funding as deemed
necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of
funds at the earliest possible date.
27. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting
from this bid, the vendor agrees that the City may procure the articles or services from other
sources and may deduct from the unpaid balance due the vendor, or collect against the bond or
surety, or may
invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the
prevailing market price at the time such purchase is made.
28. Termination. The City may terminate any service or contract with or without cause either verbally
or in writing at any time without penalty.
Bid # LMD-13-14-26
(continued)
29. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health
Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued
thereunder, and certifies that all items furnished under this bid will conform and comply with the
indemnity and hold harmless clause for all damages assessed against buyer as a result of
suppliers failure to comply with the Act and the standards issued thereunder and for the failure of
the items furnished under this order to so comply.
30. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor
to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by the Contractor, or any agent or representative of the
Contractor, to any officer or employee of the City with a view toward securing an agreement or
securing favorable treatment with respect to the award or amending, or the making of any
determinations with respect to the performance of such agreement; provided, that the existence
of the facts upon which the City makes findings shall be in issue and may be reviewed in any
competent court. In the event of such termination, the City shall be entitled to pursue the same
remedies against the Contractor as the City could pursue in the event of default by the
Contractor.
31. Delive . Delivery of services and any goods therein for said services will begin as directed by
the Project Manager and the completion of a routed City contract.
32. Invoices. Invoices will be forwarded to:
City of Santa Clarita
Special Districts
23920 Valencia Blvd. Ste. 260
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.
33. Bid Questions. Questions should be submitted electronically to:
hftr)://www.i)lanetbids.com/i)ortal/portal.cfm?CompanylD=16840#
The last day for questions will be October 7, 2013 before 5:00 PM.
34. Renewal and Pricinc Adjustment. Contracts entered into pursuant to this Invitation to Bid may be
renewed annually, up to three times, in one year increments, 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 - All Urban Consumers (not seasonally
adjusted), Los Angeles Area -Riverside -Orange county area and prevailing wage rates, if
applicable. Price adjustments may be increases or decreases as appropriate and must be
requested at least 90 days prior to the expiration/renewal of the contract. The index level used
will be the current month/rate available at the time of the contract renewal. If not renewed prior to
the anniversary date, the contract may continue on a month to month basis until renewed or
awarded to a new contractor.
Bid # LMD-13-14-26
B.
The solicitation, bidder's response and the Purchase Order (and Contract for services) constitute the
entire agreement between the vendor and the City of Santa Clarita (City) covering the goods (including
services) described herein (the "goods"). Time is of the essence.
Shipment and Inspection. The terms and routing of shipment shall be as provided on the
Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to
any goods not then shipped. City shall have the right to inspect any or all of the goods at
vendor's place of business or upon receipt by City at City's election, which right shall be
exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason
of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or
goods which do not conform to the specifications therefore, or to have waived any of City's rights
or remedies arising by virtue of such defects or non-conformance. Cost of inspection on
deliveries or offers for delivery, which do not meet specifications, will be for the account of the
vendor.
2. Risk of Loss. Notwithstanding any provision hereof to the contrary, title to, and risk of loss of, the
goods shall remain with the vendor until the goods are delivered at the D.D.P. point specified in
this Contract, or if no such point is specified, then, when the goods are delivered to the City.
However, if the goods are of an inflammable, toxic or otherwise dangerous nature, vendor shall
hold City harmless from and against any and all claims asserted against City on account of any
personal injuries and/or property damages caused by the goods, or by the transportation thereof,
prior to the completion of unloading at City's receiving yard.
3. Warranties. Vendor warrants to and covenants with the City as follows: vendor will deliver to City
title to the goods free and clear of all security interest, liens, obligations, restrictions or
encumbrances of any kind, nature or description, the goods shall be free from defects in material
and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new
and not used or reconditioned; the goods and their packaging shall conform to the description
thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is
relying on vendor's skill and judgment in selecting and providing the proper goods for City's
particular use. The goods shall be in all respects suitable for the particular purpose for which
they are purchased and the goods shall be merchantable. Vendor shall indemnify and save and
hold City harmless from and against any and all damages, losses, demands, costs and expenses
arising from claims by third parties for property damage, personal injury or other losses or
damages arising from vendor's breach of its obligations hereunder.
4. Remedies. In the event of vendor's breach of this Contract, City may take any or all of the
following actions, without prejudice to any other rights or remedies available to City by law: (a)
require vendor to repair or replace such goods, and upon vendor's failure or refusal to do so,
repair or replace the same at vendor's expense: (b) reject any shipment or delivery containing
defective or nonconforming goods and return for credit or replacement at vendor's option; said
return to be made at vendor's cost and risk: (c) cancel any outstanding deliveries or services
hereunder and treat such breach by vendor as vendor's repudiation of this Contract. In the event
of City's breach hereunder, vendor's exclusive remedy shall be vendor's recovery of the goods or
the purchase price payable for goods shipped prior to such breach.
5. Force Maieure. For the purposes of this Contract, an event of "force majeure" shall mean any or
all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires,
floods or other acts of God; transportation delays; acts of government or any subdivision or
agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any
other cause, whether or not similar to the causes or occurrences enumerated above; in all cases,
which are beyond the control of the party claiming the occurrence of a force majeure event and
which delays, interrupts or prevents such party from performing its obligations under this
Contract. Notwithstanding any provision hereof to the contrary, the reduction, depletion,
shortage, curtailment or cessation of vendor's supplies or reserves or any other supplies or
Bid # LMD-13-14-26 7
materials of vendor shall not be regarded as an event of force majeure. The party affected by a
force majeure event shall give notice thereof to the other party within ten days following the
occurrence thereof and shall apprise the other party of the probable extent to which the affected
party will be unable to perform or will be delayed in performing its obligations hereunder. The
affected party shall exercise due diligence to eliminate or remedy the force majeure cause and
shall give the other party prompt notice when that has been accomplished. Except as provided
herein, if performance of this contract by either party is delayed, interrupted or prevented by
reason of any event of force majeure, both parties shall be excused from performing hereunder
while and to the extent that the force majeure condition exists, atter which the parties'
performance shall be resumed. Notwithstanding the foregoing, within five days following vendor's
declaration of a force majeure event which prevents its full and/or timely delivery of goods
hereunder, City may, at its option and without liability (a) require vendor to apportion among its
customers the goods available for delivery during the force majeure period; (b) cancel any or all
delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate
this Contract. If City accepts reduced deliveries or cancels the same, City may procure substitute
goods from other sources in which event this contract shall be deemed modified to eliminate
vendor's obligation to sell and City's obligation to purchase such substituted goods. After
cessation of a force majeure event declared by vendor, vendor shall, at City's option but not
otherwise, be obligated to deliver goods not delivered during the force majeure event. After
cessation of a force majeure event declared by City, neither party shall be obligated to deliver or
purchase goods not so delivered and purchased during the force majeure period.
6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of
any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade
name or copyright with regard to the goods, their manufacture or use, vendor shall at its own
expense defend such suit and shall indemnify and save and hold City harmless from and against
all claims, damages, losses, demands, costs and expenses (including attorney's fees) in
connection with such suit or threatened suit.
Compliance with Law. Vendor warrants that it will comply with all federal, state, and local laws,
ordinances, rules and regulations applicable to its performance under this Contract, including,
without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment
Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as
amended, and any rules, regulations or orders issued or promulgated under such Act and Order.
Vendor shall indemnify and save and hold City from and against any and all claims, damages,
demands, costs and losses which the City may suffer in the event that vendor fails to comply with
said Act, Order, rules, regulations or orders. Vendor further warrants that all goods sold
hereunder will comply with and conform in every respect to the standards applicable to the use of
such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended,
and any regulations and orders issued thereunder. Any clause required by any law, ordinance,
rule or regulation to be included in a contract of the type evidenced by this document shall be
deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed
material/services and /or any construction authorized herein, the same must be first obtained
from the regulatory agency having jurisdiction there over.
8. Reports, Artwork. Desions etc.:
(a) If the goods are to be produced by vendor in accordance with designs, drawings or blueprints
furnished by City, vendor shall return same to City upon completion or cancellation of this
Contract. Such designs and the like shall not be used by vendor in the production of materials for
any third party without City's written consent. Such designs and the like involve valuable property
rights of City and shall be held confidential by vendor.
(b) If the Contract results in the creation of artwork, designs or written products, including but not
limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures,
analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor
expressly transfers all ownership and intellectual property rights including copyrights to the City
Bid # LMD-13-14-26
by signing the contract. Such works and the like shall not be used by vendor in the conduct of
any business with any third party without the City's written consent.
(c) Unless otherwise agreed herein, vendor at its cost shall supply all materials, equipment, tools
and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs
or other properties furnished by City or specifically paid for by City shall be City's property. Any
such property shall be used only in filling orders from City and may on demand be removed by
City without charge. Vendor shall use such property at its own risk, and shall be responsible for
all loss of or damage to the same while in vendor's custody. Vendor shall at its cost store and
maintain all such property in good condition and repair. City makes no warranties of any nature
with respect to any property it may furnish to vendor hereunder.
9. Governino Law. The Purchase Order and this Contract between the parties evidenced hereby
shall be deemed to be made in the State of California and shall in all respects be construed and
governed by the laws of that state.
10. Miscellaneous.
(a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of
any other such term, condition or provision, nor shall such waiver be deemed a waiver of a
subsequent breach of the same term, condition or provision.
(b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made
by City on this Contract or any other forms delivered to vendor shall be subject to correction.
(c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers
and unit prices shall hold over extended prices.
(d) City may, upon notice of vendor and without liability to City, cancel this Contract and any
outstanding deliveries hereunder, (1) as to standard products of vendor not then shipped
hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take
possession of all or substantially all of vendor's assets, (B) vendor makes a general assignment
for the benefit of creditors, or (C) any action or proceeding is commenced by or against vendor
under any insolvency or bankruptcy act, or under any other statute or regulation having as its
purpose the protection of creditors, or (D) vendor becomes insolvent or commits an act of
bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election
pay vendor its actual out-of-pocket costs to date of cancellation, as approved by City, in which
event the goods shall be the property of City and vendor shall safely hold the same subject to
receipt of City's shipping instructions.
11. Non -Collusion. By submitting a bid, bidder certifies they have not divulged, discussed or
compared their bid with other bidders, nor colluded with any other bidders or parties for invitation
to bid.
12. Delivery Orders. This is a maintenance purchase order. The Vendor will only accept orders
placed by a member of the Finance Division or the Accounting Manager. The Vendor will notify
the City on receipt of this contract of any special procedures required by the Vendor to initiate
orders against this contract. These procedures may include but are not limited to, the Vendors
point of contact or a specific office at the Vendor's place of business.
13. Response Time. For equipment maintenance contracts the repairman will be onsite within four
working hours of notification.
For service contracts, discrepancies will be corrected within four working hours of notification.
Normal working hours are M -F from 7:30 A.M. to 3:30 P.M.
Bid # LMD-13-14-26
C. ADMINISTRATIVE SPECIFICATIONS
Introduction
The City of Santa Clarita, Landscape Maintenance Districts (LMD) is soliciting sealed bids from
qualified landscape companies for landscape maintenance of the City of Santa Clarita LMD Zone
T-52 Stonecrest. This contracts shall run for two (2) years with the option for three (3) additional
One (1) year renewals.
The City requires the landscape contractor to include all labor and equipment for two all-inclusive
contracts for landscape maintenance. . The area is approximately 2 (landscaped) acres for
LMD Zone 3 Sierra Heiahts. 14 (landscaped\ acres and 114 thrush rlearancel acres for
(landscaped) acres and 25 (brush clearance) acres for LMD Zone T-31 Shangri-La. The
landscape maintenance bid shall be all inclusive for labor hours and equipment, meaning:
Contractor shall at his cost provide all the labor and equipment necessary for the provision of
grounds, irrigation and landscape maintenance services. Including and not limited to irrigation
repairs minor and major, annual color replacement, shrub, tree, and groundcover planting,
spreading mulch (approx. 3.;500 cubic yards), all fuel modification and weed abatement,
fertilizer application, chemical applications for weed abatement, litter pickup, doggie litter removal,
trash bags removal and replacement, turf aerification, turf renovation/verticutting, turf over -
seeding, micro-nutrients/soil amendments. All supplies and parts will be paid by the LMD at the
Contractor's price plus a maximum markup of 15%.
In keeping with State mandated diversion requirements, the LMD strives to exceed diversion
obligations to keep greenwaste from the landfills. The Contractor shall mulch and use on site 95%
of the greenwaste generated by referenced LMD Zone. Contractor requirements for this program
shall include a Vermeer 1500 chipper or equivalent for use on-site at a minimum of twice per
week. The contractor shall report the total tons of greenwaste generated and the number of tons
diverted from the landfill annually to the City's Environmental Services Office. The goal will be
95% diversion from this site.
The Contractor shall have a minimum of five years experience In landscape maintenance
for areas twenty acres or larger. (See References Sheets) The contractor shall have water
management and auditing personnel, (CLIA). The Contractor will be required to communicate
work requests back and forth to LMD through desktop computer, hand held device, or laptop.
The Contractor is encouraged to provide copies of awards, and recognitions received for
landscaped maintenance excellence.
Refer to the following specifications for requirements at each location. The General Specification
section includes general and special conditions that shall apply to all jobsite locations. Also
included in this section are the Scope of Work instructions which more clearly define the services,
scheduling, or special circumstances for each location to be serviced.
The work required in this bid requires the payment of prevailing wages. 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
httr)://www.dir.ca.00v/dlsr/PWD. 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.
Bid # LMD-13-14-26 10
Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor
Compliance Program, approved by the DIR for projects, and which will become part of the
conformed documents. All pertinent California statutes and regulations, including, but not limited
to those referred to in the City's Labor Compliance Program, are incorporated herein at Appendix
A by reference as though set forth in their entirety. Additionally, the Contractor is responsible for
obtaining a current edition of all applicable Federal and California statutes and regulations and
adhering to the latest editions of such. Contractor shall submit certified copy of all Certified
Payroll Records (CPRS) with the progress payment on at least monthly basis to the City.
1. GENERAL REOUIREMENTS
1.01 The City of Santa Clarita is soliciting sealed bids from qualified landscape maintenance
companies for the ALL INCLUSIVE LABOR AND EQUIPMENT (See Exhibits B and C) under the
terms of this bid, to provide for maintenance of landscaped paseos, parkways, parks, medians
and various other locations throughout the City of Santa Clarita.
The Contractor shall furnish all labor, equipment, materials, tools, services and special skills, i.e.
Irrigation Specialist, Irrigation Assistant, and Foreman required to perform the landscaping
maintenance as set forth in these specifications all inclusive labor and eguigment. In keeping
with the highest standards of quality and performance maintenance of plant material, hardscape
(i.e.: sweeping or blowing down concrete and/or crack weed abatement) and irrigation systems
repairs. Maintenance of plant material shall include, but not be limited to: mowing, weed
abatement for fire clearance/fuel mod (100 feet from structures), trimming, edging, hand pruning,
fertilization, and aeration, application of pre -emergent herbicides, weed control, minor tree lifting,
dethatching, plant replacements, and cleanup of drainage systems. All mulch brought in by the
LMD 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 and in a
state of good plant health.
• Project estimate for this work is approximately:
LMD Zone 3 - $22,000/yr
LMD Zone 5 - $66,000/yr
LMD Zone 6 - $30,000/yr
LMD Zone T-31 - $75,000/yr
The Landscape Maintenance District (hereinafter defined as 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,
workmanlike manner using quality equipment and materials. Said areas shall be maintained to
provide the manpower necessary at the level of services provided for in these specifications at all
times.
1.02 City of Santa Clarita Landscape Maintenance District (LMD) administration staff,
consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Special
Districts Administrator, Technology Services Manager or the Deputy City Manager or his qualified
representative, shall herein be described as 'Special Districts.'
1.03 Contractor shall under the terms of this agreement provide the labor, materials, and
equipment necessary for the provision of grounds, irrigation and landscape maintenance
services.
The Premises shall be maintained with nothing but the hiahest of industry standards at no
less than the freauencies set forth herein.
Bid # LMD-13-14-26 11
1.04 Contractor is hereby hired and paid to render and provide all inclusive labor and
eaulpment for landscape, grounds and irrigation maintenance services including, but not limited
to:
a. Turf mowing;
b. Edging;
c. 85% hand pruning and 15% mechanical;
d. Over -seeding;
e. Reseeding
f. Fertilization;
g. Aeration;
h. Verticutting;
i. Irrigation; minor and major repairs, see sections 17 g.8 and 22.01 a -e;
j. Hand watering;
k. Bleeding of valves necessary during emergencies when automatic systems are not
functioning;
I. Pruning shrubs and trees;
m. Trimming and renovation of turf, shrub areas, and ground cover;
n. Disease control;
o. Tree maintenance; structural pruning per ANSI. Best Management Practices;
p. Maintenance of irrigation systems;
q. Mulching (City provided mulch): will be disbursed by the contractor at their
expense;
r. Manual weed abatement;
s. Chemical weed control;
t. Maintenance of fire protection / fuel modification of slope areas;
u. Marking underground irrigation lines and other LMD equipment upon Dig Alert
notification;
v. Artificial turf maintenance;
w. Traffic control per (Watch manual) while working in the public right of way for
medians and parkways;
x. Litter pickup, doggie litter removal, trash bags removed and replaced from containers
(City provided doggie and trash bags);
y. Tennis court blowing and washing;
z. Irrigation Specialist, Irrigation Assistant, Laborers and Foreman at no less than the
frequencies requested in 1. Introduction: Paragraph 4.
Frequencies, per site, are identified in Exhibits E -E5 "Maintenance Program Guide", Irrigation
Schedule Guide, Irrigation Program Guide, and Preventive Disease Control Guide and govern
contractor's completion of required operations.
The landscape areas include: irrigated and landscaped areas; fire protection slopes and natural
areas; shrubs; trees; ground cover and turf which may be irrigated by electrically controlled
automatic or manual systems.
1.05 Contractor shall not work or perform any operations, particularly during periods of
inclement weather, which may cause unsafe working conditions or destroy/damage ground cover,
turf areas or planting areas.
1.06 Contractor recognizes that during the course of this Agreement other activities and
operations may be conducted by other contracted parties. These activities may include, but not
be limited to:
a. Landscape refurbishment; shrub, turf, and ground cover installation;
b. Irrigation system refurbishment or repair;
Bid # LMD-13-14-26 12
c. Construction and/or storm related operations;
d. Emergency response operations;
e. Electrical repairs;
I. Tree Trimming / Tree planting / Tree counting;
g. Concrete removal and replacement, block wall and brick repairs;
h. Fence installation and repairs, wood, vinyl, and crate rail;
i. Artificial turf installation;
j. Integrated pest management / Chemical applications to trees;
k. Streetscape furniture cleaning and pressure washing of walkways and
appurtenances.
Contractor may be required to modify or curtail specific tasks and operations within their
maintenance contract.
1.07 When notified of landscape or irrigation emergency during the hours and days of
maintenance service as identified in Section 9, the contractor shall respond by phone or radio to
the Landscape Maintenance District Monitor, Inspector 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 radio
to the Landscape Maintenance District Monitor, Inspector 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 11.02 for consequences for failure to comply.
1.09 Contractor and employees shall at all limes dress in a company uniform that identifies
their employer and exhibit good customer service to City staff, City contracted staff, residents,
and others throughout term of this contract. All communication will be professional in manner
between all parties. The Landscape Maintenance Districts may employ consulting Landscape
Maintenance Inspectors. These consultant monitors will be treated the same as.other Special
District staff. Inappropriate communication and service may be cause for contract
termination.
1.09 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 in the maintenance of
landscaped areas of ten (10) acres or larger and median and parkways maintenance in size of
two (2) linear mile or larger. Vendor is to provide five (5) references with a similar scope & type of
work within the bid response.
1.10 Contractor's employees or representatives shall be thoroughly trained and experienced in
computer based central operating systems of Calsense, Rain Master, WeatherTrak and LEIT
irrigation control systems and equipment. Should Special Districts choose a different controller,
the contractor shall make available employees or representatives for product training at no cost to
City.
1.11 Contractor shall provide cellular and/or radio communication to each crew foreman
and have the ability to connect to City Inspectors and Special Districts representatives.
Bid M LMD-13-14-26 13
1.12 The contractor, and or subcontractors, must possess the following licenses at time of bid
submission; C-27. The contractor or subcontractor must identify a staff member certified or
licensed as a qualified applicator through the California Department of Pesticide Regulation. The
contractor shall (when required) have an Arborist identified by the International Society of
Arboriculture (ISA) / or have a contract with a Certified Arborist on a need basis. The contractor
must identify a staff member who is a certified landscape irrigation auditor (CLIA). The bidder
will submit copies of the licenses, and certificates or subcontractor information sheets, indicating
licenses held with bid submission.
1.13 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.
2. LANDSCAPED AREAS TO BE MAINTAINED
2.01 The LMD areas to be maintained under the provisions of this Agreement are specifically
identified in Exhibit D. (Inventory Lists and Area Maps).
2.02 Contractor must acknowledae personal inspection of the Zone's irrigation system, turf,
and planter areas and evaluate the extent to which the physical condition thereof will affect the
services to be provided. Contractor accepts the premises in their present physical condition, and
aarees to make no demands upon LMD for any improvements or alterations to irrigation, turf, and
landscaped areas thereof.
2.03 Estimated square footages are provided by LMD for all areas to be maintained on the
attached Exhibit D (Inventory Lists). However, it is the responsibility of Contractor to verify by
inspection and observe the various area characteristics.
3. CERTIFICATIONS/REPORTS/RECORDS
3.01 Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing
Wage Certification Report which shall be made available to LMD concurrent with the monthly
invoicing. 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. The monthly payment will not be made until such report is received
and approved by Special Districts. Vendor to provide sample of monthly bill with bid response.
3.02 Maintenance Function Report: Contractor shall maintain and keep current a report that
records when all Periodic, Seasonal, and Additional Work maintenance functions performed by
Contractor's personnel were completed. Said report shall be in a form and content acceptable to
Special Districts and will be made available to Special Districts upon request. The monthly
payment may not be made if such report is requested and not made available or is in a form that
is unacceptable to Special Districts.
3.03 Certification of Specialty Type Maintenance: When applicable, Contractor shall include
with the monthly invoice those specialty type maintenance items completed. The following
information shall include but not be limited to:
a. Quantity and complete description of all commercial and organic fertilizer(s) used.
b. Quantity and label description of all grass seed used.
c. Quantity and complete description of all soil amendments used.
d. A valid licensed California Pest Control Advisor's recommendations and copies of
corresponding Agricultural Commissioners Pesticide Use Reports signed by a
licensed California Pest Control Operator for all chemical, disease and pest control
work performed. The report shall be accompanied by a listing of each material used,
quantity used, and the location of use, the date used, the applicators name and the
license number.
Bid # LMD-13-14-26 14
3.04 Comoanv Financial Records: The contractor may be required to supply the City with their
financial records through a reputable independent auditor, such as Dunn & Bradstreet.
3.05 Violation Records: The awarded contractor shall not have two (2) or more Cal-Osha
sustained complaints or four (4) or more California State Contractor Board sustained complaints
within the past four (4) years. A bid response from the awarded vendor that does not meet these
requirements may be considered a non-responsive bid, and the City of Santa Clarita will proceed
to the next lowest bidder. Please supply this information on Exhibit A, Violation Records.
4. ADDITIONAL WORK
4.01 Special Districts may arrange for additional Contractor personnel to cover additional work
needed due to extraordinary incidents such as vandalism, Acts of Nature or third party negligence
for which Contractor will be compensated. Regularly occurring "bad weather" is not considered
an Act of Nature for the purposes of this contract.
4.02
Costs for additional work shall not exceed the labor rate identified on the Additional Pricing Sheet
#1 (see page 45). For material it shall be Contractor's cost plus no more than 15%. The
contractor will maintain and submit copies of invoices to demonstrate the contractors cost.
4.03 When a condition exists wherein there is imminent danger of injury to the public or
damage to property, Special Districts may verbally authorize the work to be performed upon
receiving a verbal estimate from Contractor. However, within 24 hours after receiving such verbal
authorization, Contractor shall submit a proposal to be approved by Special Districts.
4.04 All extra work shall commence on the specified date established, and Contractor shall
proceed diligently to complete said work within the time allotted. All invoices submitted by
Contractor for extra work shall include a detailed itemization of labor and/or materials.
4.05 All invoices submitted by the contractor for extra work shall include a detailed itemization
of labor and/or materials and specific zone(s) identified. All invoices for extra work and items
must be submitted biweekly to Special Districts.
5. CONTRACTOR'S LIABILITIES
5.01 All damages resulting from Contractor's operation within the LIVID areas shall be repaired
or replaced at Contractor's expense within 48 hours.
5.02 All such repairs or replacements shall be completed within the following time limits.
a. Irrigation damage shall be repaired or replaced within one (1) watering cycle.
b. All damages to shrubs, trees, turf, or ground cover shall be repaired or replaced
within five (5) working days or sooner as directed by Special Districts.
c. All concrete walkway, block walls, light poles, or any appurtenances, shall be
repaired.
5.03 All repairs or replacements shall be completed in accordance with the following
maintenance practices.
a. Trees Minor damage such as bark lost from impact of mowing equipment shall be
remedied by a qualified tree surgeon or arborist. If damage results in loss of a tree,
the damaged tree shall be removed and replaced at Contractor's expense to comply
with the specific instructions of Special Districts.
b. Shrubs Minor damage may be corrected by appropriate pruning as required in
Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage
Bid # LIVID -1 3-14-26 15
shall be corrected by removal of the damaged shrub and replacement to comply with
the provisions in Section 18 "Shrubs and Ground Cover Care" of the Specifications.
c. Chemicals Any damage resulting from chemical operations, either spray -drift or
lateral -leaching shall be corrected in accordance with the aforementioned
maintenance practices. Any soil damaged from chemical application shall be
reconditioned or replaced.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise, Special Districts will interpret this Agreement. If the
Contractor disagrees with the interpretation of Special Districts, Contractor shall continue with the
work in accordance with Special District's interpretation. Within 30 days after receipt of the
interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel
as provided hereinafter. The written request shall outline in detail the area of dispute.
6.02 The Disputes Review Panel will be appointed by Special Districts and will be composed
of not less than three (3) Qualified personnel or representatives having experience in the
administration of grounds maintenance contracts. The panel will convene within one (1) week of
appointment in order to hear all matters related to the dispute. The hearing will be informal and
formal rules of evidence will not apply. The Panel will submit its recommendation to Special
Districts for consideration, within one (1) week following the conclusion of the hearing. Special
Districts shall render an interpretation based upon review of the Panel's recommendation. Special
Districts' decision shall be final.
OFFICE OF INQUIRIES AND COMPLAINTS
7.01 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 LIVID or
from Special Districts personnel, representatives or patrons using the facility. This person(s) shall
be reachable 24 hours per day. An answering service shall be considered an acceptable
substitute to full time coverage, provided Contractor is advised of any complaint within one (1)
hour of receipt of such complaint by the answering service. Neither answering machines nor
voicemail are acceptable. The telephone of said Contractor shall be on the exchange or
exchanges of said District(s) or a toll-free number, and in no case shall the people of said
District(s) be required to pay a toll charge to telephone said Contractor. During normal working
hours, Contractor's Foreman or an employee of Contractor, at the supervisory level, who is
responsible for providing maintenance services, shall be available for notification by telephone or
radio communication.
7.02 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.
7.03 Contractor shall maintain a written log of all complaints, the date and time thereof, and
the action taken pursuant thereto or the reason for non -action. The log of complaints shall be
available for inspection by Special Districts at all reasonable times.
7.04 All complaints shall be addressed as soon as possible after notification; but in all cases
within 24 hours, to the satisfaction of Special Districts. If any complaint is not resolved within 24
hours, Special Districts shall be notified immediately of the reason for not resolving the complaint
followed by a written report to Special Districts within five (5) days. If the complaints are not
resolved within the time specified or to the satisfaction of Special Districts, Special Districts may
Bid # LMD-13-14-26 16
correct the specific complaint and the total cost incurred will be deducted from the payments
owing to the Contractor from Special Districts.
8. SAFETY
8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to
meet all California Landscape Industry Standards for safe practices during the maintenance
operation for medians and parkways and to safely maintain stored equipment, machines, and
materials or other hazards consequential or related to the work; and agrees additionally to accept
the sole responsibility for complying with all local, City, State or other legal requirements including
but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL-O.S.H.A.
Safety Orders at all times so as to protect all persons, including Contractor's employees, agents
of the City, vendors, members of the public or others from foreseeable injury, or damage to their
property. Contractor shall inspect all potential hazards at the LMD areas covered by this
Agreement and keep a log indicating date inspected and action taken.
8.02 It shall be Contractor's responsibility to inspect, and identify, any condition(s) that renders
any portion of the LIVID premises unsafe, as well as any unsafe practices occurring thereon.
Special Districts shall be notified immediately of any unsafe condition that requires major
correction. Contractor shall be responsible for making minor corrections including, but not limited
to:
a. filling holes in turf areas and paving;
b. using barricades, signs, caution tape or traffic cones to alert patrons of the existence
of hazards;
c. replace valve box covers so as to protect members of the public or others from injury.
During hours of operations, Contractor shall obtain emergency medical care for any member of
the public who is in need thereof, because of illness or injury occurring on the premises.
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. HOURS AND DAYS OF MAINTENANCE SERVICES
9.01 The hours of maintenance service shall be 7:00 a.m. to 3:30 p.m. on those days
maintenance is to be provided pursuant to the work schedule approved in advance by Special
Districts. No work will be performed on City Legal Holidays unless authorized by Special Districts
Administration in advance (Exhibit F). Blowers, lawnmowers, chainsaws or other mechanical
equipment with a decibel level above 65 decibels cannot be used before 7:00 a.m., Monday
through Friday within the City of Santa Clarita.
9.02 Contractor shall provide on-site staffing to perform the required maintenance to meet
required California Industry Standards anytime between Monday through Friday. However, if the
contractor can accomplish the same work using the same amount of hours in 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.
9.03 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
Bid # LMD-13-14-26 17
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.
10. MAINTENANCE SCHEDULES
10.01 Contractor shall, within ten (10) days after the effective date of this Agreement submit a
premises work schedule to Special Districts for review and approval. Said work schedule shall be
set on an annual calendar identifying and delineating the time frames for the required functions by
the day of the week, morning, and afternoon.
10.02 Contractor shall submit revised schedules when actual oerformance differs substantially
from planned Performance. Said revisions shall be submitted to Special Districts for review, and
if appropriate, approval, within five (5) working days prior to scheduled time for the work.
10.03 The above provisions are not construed to eliminate Contractor's responsibility in
complying with the requirements to notify Special Districts for maintenance.
10.04 Contractor shall notify Special Districts, in writing, at least two (2) weeks prior to the date
and time of all maintenance operations.
a. Fertilization;
b. Turf Aerification;
c. Turf RenovationNerticutting;
d. Turf Reseeding;
e. Micro-Nutrients/Soil Amendments;
f. Spraying of Trees, Shrubs or Turf;
g. Aesthetic Tree and Shrubbery Pruning;
h. Preventative disease control;
i. Seasonal color. Transplanting small and medium sized plants;
j. Lane closures for median or parkway maintenance prior notification is required;
k. Fire protection of the natural slopes area maintenance. Contractor at his cost shall be
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.
Contractor shall perform, under the terms of this agreement, the following services for
the maintenance of the natural slopes, which requires that the weeds and native
brush be:
(1) Clipped to a height of 2 to 4 inches for a distance of at least 100 feet
from a dwelling or structure and all debris removed from the site.
(2) Dead wood from woody plants shall be trimmed when the area is
brushed. Apply water within the cleared zone only as needed during fire
season to maintain sufficient moisture content for sustenance of the
plants and to inhibit combustion. Remove all debris from this operation
off the LIVID property. Weeding shall commence immediately following
Bid A LMD-13-14-26 18
the rainy season once the growth of weeds has reached a maximum of
12 inches in height or
(3) When the County Fire Marshall has determined that a fire hazard
condition exists. The required weeding shall be completed as soon as
possible following its commencement and shall be completed throughout
an LIVID within a maximum period of 30 days.
(4) Contractor shall be responsible for maintaining the brushed slope areas
throughout the year in accordance with the above -identified height of
weeds, dead wood removal and distance from dwellings or structures
requirements. This may require that certain areas will need additional
brushing as directed by the County Fire Marshall. If the Fire Marshall
determines additional brushing is necessary the contractor will be paid
additional compensation at the rate specified in the form of bid.
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.
Where reference is made to weeding, brushing, or clearing within 100 feet of a
structure, it is intended that the space between the structure and the private
property line is the responsibility of the owner of the property 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.
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 18
and 19 of these Specifications
Other Items as Determined by Special Districts.
10.05 Said maintenance services shall be performed in compliance with the Maintenance
Program (Exhibits E -E5) attached hereto. Failure to complete special services in accordance
with the schedules set forth on Exhibits E and E1 will result in Contractor becoming liable to
Special Districts for liquidated damages ($150 per day) without written notice commencing
automatically upon the first day following the final date such work was to be completed.
11. CONTRACTOR'S STAFF
11.01 Contractor shall provide sufficient number of personnel to satisfy daily and/or weekly
reauirements for hiah quality landscape maintenance. Contractor's staff MUST be employees of
Bid # LMD-13-14-26 19
the contractor except subcontractors identified in the response to this bid. Contractor must
perform all work in accordance with the specifications set forth herein. Contractor's employees,
whether assigned to any one Zone or as part of a crew serving any number of Zones shall include
at least one individual crew foreman who speaks and comprehends the English language.
11.02 Special Districts may at any time give Contractor written notice to the effect that the
conduct or action of a designated employee of Contractor is, in the reasonable belief of Special
Districts Staff, detrimental to the interest of the public using the premises, Contractor shall meet
with representatives of Special Districts to consider the appropriate course of action with respect
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. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter upon the premises or improvements
thereon, unless prior approval therefore is obtained from LMD Special Districts.
13. UTILITIES
13.01 Special Districts shall pay for all utilities associated with the maintenance of the LMDs.
However, water usage shall not exceed the amount required to comply with irrigation schedules
established by the Contractor and approved by Special Districts. Contractor will be required to
manage the scheduling of the controllers. Contractor shall pay for all excessive utility usage due
to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the
frequency of irrigation. These activities may include, but are not limited to watering during a rain
storm and/or watering the day after rain and/or watering during a special event. The excess cost
will be determined by comparing current usage with historical usage for the same time period.
The excess to be deducted from payments to Contractor from Special Districts will be presented
to Contractor by Special Districts prior to actual deduction to allow for explanations.
14. NON-INTERFERENCE
14.01 Contractor shall not interfere with the public use of the 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
15.01 At the contractor's expense, one maintenance worker called for in these specifications
shall apply chemicals such as herbicides and pre -emergents. 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.
15.02 A listing of proposed chemicals to be used including; commercial name, application rates,
and type of usage shall be submitted to Special Districts for approval. The listing will be
accompanied by copies of Material Safety Data Sheets (MSDS) 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.
Bid # LMD-13-14-26 20
15.03 Chemicals shall only be applied by those persons possessing the training in chemical
application or a valid California Applicator's Certificate. Application shall be in strict accordance
with all governing regulations.
15.04 Records of all operations stating dates, times, methods of application, chemical
formulations, applicators names and weather conditions shall be made and retained in an active
file for a minimum of three (3) years. Contractor shall provide a chemical use report and a copy
of the PCA recommendation to Special Districts for each application (site specific) made during
each month. This shall be in addition to the copy of the usage summary that is provided to the
Agricultural Commissioner.
15.05 All chemicals requiring a special permit for use must be registered with the County
Agricultural Commissioner's Office and a permit obtained with a copy to Special Districts.
15.06 All regulations and safety precautions listed in the "Pesticide Information and Safety
Manual" published by the University of California shall be adhered to.
15.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent
property and preventing any toxic exposure to persons whether or not they are in or near the area
of application.
16. STORAGE FACILITIES
16.01 Special Districts shall not provide any storage facilities for the Contractor. Any
Contractors storage facilities must be located outside of the boundaries of the Zone for which
landscape maintenance services are performed, unless Special Districts determines it would be
in the best interests of Special Districts to waive this restriction.
17. TURF CARE
17.01 Contractor shall perform the following services under the terms of this agreement;
a. Mowing: Turf to be mowed with an adequately sharpened rotary or reel type mower
equipped with rollers, to ensure a smooth surface appearance without scalping.
(1) All warm season grasses (Bermuda and St. Augustine) to be cut at 1/2
inch through 1 inch height throughout the year. Subject to change.
(2) All cool season grasses (Blue Grass and Fescues) to be cut at 1 1/2 inch
and 21/2 inches during April through November, and at 2 inches during
December to March of each year. Subject to change.
(3) The mowing heights may be adjusted by Special Districts during periods
of renovation.
(4) Unless mulching mowers are used; all grass clippings will be collected
and removed from the site on the same day the area is mowed. All
clipping removed to be properly disposed of in green waste containers
only.
(5) A mowing schedule will be established and maintained. This
schedule will provide that all areas will be mowed not less than once a
week during the summer, and once every two weeks during the winter.
This schedule will be submitted to Special Districts for approval. Refer to
items 1 and 2 in this section for turf length ranges.
b. Edging: With each mowing, the edge of the grass along sidewalks, curbs, shrub,
flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and
shrubs occur in turf areas, all grass shall be removed 14 to 24 inches from the trunks
of trees and away from the drip line of shrubs by use of power scythe, approved
chemicals, or small mowers as required. Trim around all sprinkler heads as
necessary in order to provide maximum water coverage. Edging will be done
concurrent with each mowing.
Bid # LMD-13-14-26 21
(1) The edge of the turf shall be trimmed around value boxes, meter boxes,
backflow devices, or any structures located within the turf areas.
(2) All turf edges are to be maintained to prevent grass invasion into
adjacent shrub, flower, and ground cover bed areas.
(3) All clippings shall be removed from site the same day area is edged.
(4) After mowing and edging is completed, all adjacent walkways are to be
swept clean by power blower or broom.
(5) Newly planted trees in lawn areas shall have tree guards installed if
necessary to avoid damage.
(6) Trees in lawn areas shall have a minimum of 14 to 24 inches mulched
clearance where applicable.
c. Weed Control: Control turf weeds as needed and in accordance with the specialized
maintenance program (Exhibits E -E5). Hand removal of noxious weeds or grasses
will be required as necessary. All mulch brought in by the LIVID will be disbursed by
the contractor on site to control weed growth.
d. Insect/Disease Control: Eliminate all insect or disease affecting turf areas as they
occur.
e. Aerating: Aerate all turf areas two (2) times annually, once in the spring and once in
the fall prior to the over -seeding operations. Aerate all turf by using'Mrich tines,
removing 2 -inch cores of soil with an aerator machine at not more than 6 -inch
spacing once over. Special Districts is to be notified at least two (2) weeks prior to
the exact date of aerating.
I. Thatch Removal: Verticut all turf areas two (2) times annually, once in the spring and
once in the fall prior to the over -seeding operations. Equipment will consist of
standard renovating or vertical mowing types. Special Districts is to be notified at
least two (2) weeks prior to the exact date of renovation.
a. Irrigation: Irrigation, including hand watering and bleeding of valves during an
emergency situation as required to maintain adequate growth rate and appearance
and in accordance with a schedule most conducive to plant growth. Contractor to
provide Special Districts with a written winter and summer irrigation schedule in
accordance with the recommendations on Exhibits E -E5 (Irrigation Program)
provided for this purpose. Special Districts shall have the ability to change the
irrigation schedule as the need develops. Adequate soil moisture will be determined
by programming the automatic sprinkler controllers as follows:
(1) Consideration must be given to the soil conditions seasonal
temperatures, wind conditions, humidity, minimizing runoff, and the
relationship of conditions which affect day and night watering. This may
include daytime watering during winter weather to prevent icy conditions
and manual operation of the irrigation system during periods of windy or
inclement weather. During freezing and/or windy conditions, automatic
irrigation will be discontinued. No watering medians in windy conditions,
to avoid drift and wetting vehicles.
(2) In areas where wind creates problems of spraying water into private
property or road right-of-ways, the controllers shall be set to operate
during the period of lowest wind velocity which would normally occur at
night (between the hours of 7:00 p.m. and 6:00 a.m.).
(3) Contractor shall be responsible for monitoring all irrigation systems within
Bid # LMD-13-14-26 22
shall be spelled out for all
systems to be at
(4) Check systems, as needed, for optimum performance and adjust and/or
repair any sprinkler heads causing excessive runoff, including slope
areas, or which throw directly onto roadway paving or walks (where
sprinkler heads can be adjusted) within the LIVID areas covered under
this Agreement.
(5)
(6)
Irrigation system will be controlled by Contractor in such a way as not to
cause an excessively wet area which could interfere with the
Contractor's ability to mow all turf.
(7) Contractor shall observe and note any deficiencies occurring from the
original design and review these findings with Special Districts, so
necessary improvements can be considered.
(8) Contractor shall repair all leaking or defective valves immediately upon
occurrence, or within 24 hours following notification from Special Districts
of such a deficiency.
(9) A soil probe shall be used to a depth of 12 inches to determine the water
penetration by random testing of the root zones. Contractor shall file a
monthly statement with Special Districts certifvino that all irrigation
systems are functioning properly.
(10) Contractor will provide their own irrigation receiver and transmitter for
control of the Rain Master, Calsense, LEIT (solar), WeatherTrak or other
controllers not listed. The City requires the Promax universal remote
irrigation control unit for its use in field testing and operation of all
irrigation systems for the LIVID areas. Use of this device will conserve
water consumption, provide for more cost effective maintenance of
irrigation systems, and assure all parties concerned that the automatic
system is operating at maximum efficiency. Special Districts' inspectors
will 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.
h. Fertilization: Turf shall be fertilized with a turf type commercial fertilizer at a minimum
of four (4) times a year. (See Exhibit E -E5). All fertilizer used shall be granular.
Fertilizer type can be suggested by Contractor, determined by soil analysis or at the
direction of Special Districts. All turf areas fertilized shall be thoroughly irrigated
immediately following fertilization. Fertilizer applications must be approved by Special
Districts prior to application. The City of Santa Clarita will pay the contractors price for
Bid # LIVID -1 3-14-26 23
the fertilizer plus no more than a 15% mark up. The contractor shall provide the labor
to apply the fertilizer.
Turf Reseeding: Contractor shall twice each year, once in the fall and once in the
spring, overseed all turf areas after verticutting (dethatching), aerification and
overseed all bare spots, as needed, throughout the remainder of the year to re-
establish turf to an acceptable quality. (See Exhibit E -E5). When Contractor reseeds
turf, they will aerify, verticut, seed and top dress (spread evenly over the entire area
to a uniform depth of '/o inch) in this sequence. Special Districts may require the use
of sod when deemed necessary. Contractor shall be entitled to additional
compensation, (extra) for the cost of the sod only, provided that the loss of turf was
not due to the negligence of Contractor. The City of Santa Clarita will pay the
contractors price for the seed plus no more than a 15% mark up. The contractor shall
provide the labor to apply the seed.
Over seeding shall be sown at a rate of 6 pounds per 1,000 square feet and
reseeding of bare areas shall be sown at a rate 8 pounds per 1,000 square feet.
The seed used in over seeding or new turf establishment shall be approved by
LMD staff prior to installation. Typically, Fescue and Fescue blends are
required.
18. SHRUB AND GROUND COVER CARE
18.01 Contractor shall perform at his sole expense under the terms of this agreement the
following services:
a. Prunin : Manually select prune shrubbery 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 January. All shrubs shall be free of dead wood, weak, diseased, insect
infested and damaged limbs at all times. Remove all clippings the same day
shrubbery is pruned. Pruning is not done during flowering, during new growth
emerging or during the hottest time of the year (July -August) unless directed by
Special Districts. No balls, squares or unusual shapes are permitted under this bid.
All natural selective pruning is required following the natural habit of the particular
plant.
b. Trimming: Restrict growth of shrubbery and ground cover to areas behind curbs and
walkways, and within planter beds by trimming, as necessary, or upon notice by
Special Districts. All trimming practices are subject to change as directed by Special
Districts.
c. Renovation: Renovate ground covers according to prescribed practices in the
ndustry 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.)
d. Disease and Insect Control: Maintain free of disease and insects and treat when
needed pursuant to Section 20.
e. Weed Control: All ground cover and shrub beds are to be kept weed free at all
times. Methods for control shall incorporate the following:
(1) Mulch application to 3" laver maximum (approx. 3,500 cubic yards
annually)
(2) Hand removal
Bid # LMD-13-14-26 24
(3) Cultivation
(4) Chemical eradication using non -residual herbicides
f. Shrub and Ground Cover Replacement: All damaged, diseased (untreatable), or
dead shrubs and ground covers whose damage was a natural condition/causes, will
be replaced under the terms of "additional work" as described in Section 4 of this bid
document. All shrubs shall be guaranteed to live and remain in healthy condition for
no less than ninety (90) days from the date of acceptance of the job by the Special
Districts Administrator or qualified representative.
g. Fertilization: Apply balanced fertilizer two (2) times per year to provide a healthy
color in all plants with foliar feedings if applicable. 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 where 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 the Director with a fertilization schedule,
with two (2) weeks notification prior to the proposed fertilization.
h. Irri ation: Irrigate, including hand watering and bleeding of valves, in emergency
situations where automatic systems are not functioning as required to maintain
adequate growth rate and appearance. Section 17, Paragraph g, concerning
irrigation practices shall apply to shrubs and ground covers.
i. Diversion repuirements: 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 95% of the green waste generated by above
referenced zones. Contractor requirements for this program shall include a Vermeer
1500 chipper or equivalent for use on site at a minimum of twice per week.
j. Recycling: Recycling of plant debris by composting and/or maintaining a minimum 2 -
inch layer of mulch under all trees, shrubs and groundcovers and a minimum 3 -inch
layer in all open areas is strongly encouraged. Mulch purchased by the LMD will be
19. TREE CARE
19.01 Contractor under the terms of this agreement shall perform the following
services:
a. Tree Maintenance
(1) All trees 12' (feet) tall or less 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. All
sucker growth is to be removed from trees as it occurs.
(2) Maintain an 8 -foot clearance for branches overhanging walks, 8 -foot for
public sidewalks.
(3) Report insects and tree diseases to Special Districts Inspector.
(4) Stake and support all replacement trees and replace stakes which have
been broken or damaged on existing trees.
(5) Tree stakes shall be pentachloraphena treated pole pine, not less than 8
feet in length for 5 gallon size trees and not less than 10 feet for 15
gallon trees sizes (two per tree), no galvanized stakes.
(6) 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.
Bid # LMD-13-14-26 25
Stakes will not be placed closer than 12 inches from the top tie on the
tree trunk.
(7) Stakes and ties will be placed so no chafing of bark occurs and shall be
checked frequently and retied to prevent girdling.
(8) Broken branches are to be removed immediately whether they are in the
tree or on the ground.
b. Fertilization: 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.
c. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior
to commencement of work by Contractor.
d. Tree Replacement: All trees permanently damaged as a result of action or inaction
by the contractor will be replaced as provided for under Section 5 with the identical
species of tree existing previously, unless otherwise notified in writing by Special
Districts. The need for and the size of replacement will be determined by Special
Districts at the monthly maintenance inspection meeting or upon written notification.
Size of the replacement shall be of a like size. Substitutions will require prior written
approval by Special Districts. Original plans and specifications should be consulted
to insure correct identification of species. All newly planted trees are the
e. Olive Tree SDravino: Ornamental olive trees shall be sprayed to prevent fruit set by
use of "Maintain," "Floret" or other approved product. Two (2) applications shall be
required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the
olive blooms are open (sometime between April 1 and May 10). Both spray
applications shall be put on using a power sprayer with a minimum of 150 p.s.i.
pressure. 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" (refer to Exhibit E -E5).
I. Oak Tree Prunina 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.
g. 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.
20. USE OF INTEGRATED PEST MANAGEMENT (I.P.M.)
20.01 Special Districts will provide the materials (Biological Insects) necessary for integrated
pest management (IPM) and contractor at his under the terms of this agreement will provide the
labor.
a. Intearated Pest Manaaement (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;
Bid # LMD-13-14-26 26
selecting pesticides with a lower toxicity to humans or non -target organisms; adopting
cultivating, pruning, fertilizing, or irrigation practices that reduce pest problems; and
changing the habitat to make it incompatible with pest development. Pesticides are
used as a last resort when careful monitoring indicates that they are needed
according to pre -established guidelines. When treatments are necessary, the least
toxic and most target -specific pesticides are chosen. Implementing an integrated
pest management program requires a thorough understanding of pests, their life
histories, environmental requirements, and natural enemies, as well as establishment
of a regular, systematic program for surveying pests, their damage, and other
evidence of their presence. IPM has been mandated on Federal property since 1996
by Section 136r_1 of Title 7, United States Code, and is cited in Title 41 of the Code
of Federal Regulations (102-74.35) as a required service for agencies subject to the
authority of the General Services Administration. The Contractor will develop an IPM
program for work covered by this statement of work.
b. Chemical Application: All work involving the use of chemicals will be accomplished
by a State of California Certified or Licensed pest control operator. A written
recommendation by a person possessing a valid California Pest Control Advisor
License is required prior to chemical application.
C. Permits: All chemicals requiring a special permit for use must be registered by the
Contractor with the County Agricultural Commissioner's Office and a permit obtained
with a copy to Special Districts, prior to use. A copy of all forms submitted to the
County Agricultural Commissioner shall be given to Special Districts on a timely
basis.
d. Compliance with Regulations: All regulations and safety precautions listed in the
Pesticide Information and Safety Manual" published by the University of California
will be adhered to.
e. Pest Control: Control of ground squirrels, gophers, and other burrowing rodents by
trapping and/or eradication will be provided by Special Districts. Contractor is not
responsible for this service. Whenever holes are visible upon the surface, these
holes shall be filled and securely tamped to avoid moisture runoff entering the holes
by the County Agricultural Department who will provide pest control for Special
Districts. This procedure shall be followed in all areas, especially within all slope
areas. Contractor is responsible for notifying Special Districts upon detecting a need
for rodent control.
21. GENERAL CLEAN-UP
21.01 Contractor shall at his sole expense under the terms of this agreement perform the
following services:
a. Trash Removal/Receptacles: The contractor shall empty all trash cans and replace
all trash bags a minimum of three (3) times per week (trash bags provided by City). The
contractor shall provide a trash pickup schedule for the approval by Special Districts.
The contractor shall pick up trash and accumulated debris from site per contract, and
clean trash receptacles as needed. In addition, dog feces are also to be removed from
the walkways located within the Paseo system in the LIVID areas. The contractor shall fill
all doggie bag holders a minimum of twice a week (doggie bags provided by City).
b. Concrete/Asphalt Median Strip Maintenance: Contractor is responsible for weed and
grass removal within the crack(s) on the asphalt, and stamped concrete median strip
areas, if any, at all times.
c. Curb and Gutter Maintenance: Contractor is responsible for removal of weeds and
Bid # LMD-13-14-26 27
grass from curb and gutter expansion joints at all times.
d. Walkway and Driveway Maintenance: Walkways, paseos and driveways, if any, will
be cleaned immediately following mowing and edging and cleaned by use of power
sweeping or blower equipment at a minimum of once per week or as needed. This
includes removal of all foreign objects from surfaces such as:
(1)
Gum,
(2)
Animal feces,
(3)
Grease,
(4) Paint,
(5) Graffiti,
(6) Glass and debris
All walkway and driveway cracks and expansion joints shall be maintained weed and
grass free at all times.
e. Drain Maintenance: All drains and catch basins shall be free of silt and other debris
at all times.
f. 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.
g. Diversion: The Contractor will be responsible for creating and implementing a written
program to divert 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.
h. Tennis courts: Tennis Courts are to be swept clean by power blower or broom a
minimum of once per week. The tennis courts must be cleaned with a water broom once
each month.
22. WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR
22.01 All irrigation systems within the LIVID areas designated in these specifications will be
repaired and maintained as required for operation by the Contractor. Irrigation repairs. (not to
include programming) are considered to be additional work or "extras". For all irrigation repairs,
including main lines and all irrigation parts 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:
htti)://www.irrigation.oro/oov/odf/IA BMP APRIL 2005.i3df.
a. Scope of Responsibility: The contractor shall maintain (repair or replace as needed)
and keep operable all irrigation equipment consisting of:
(1) sprinkler heads,
(2) valves,
(3) PVC piping,
(4) quick couplers,
(5) risers,
(6) automatic and battery powered controllers,
(7) valve boxes, quick coupler boxes,
Bid # LIVID -1 3-14-26 28
(8) backflow prevention devices,
(9) irrigation controller programming,
b. Replacement Requirements: Replacements will be of original materials or
substitutes approved by Special Districts in writing prior to any installation.
C. Extent of Responsibility: Contractor will be responsible for immediate maintenance
(repair or replacement) of all irrigation systems. Contractor will be responsible at
all times for hand waterina and the bleedina of valves in emeroencv situation.
d. Ordinances: All materials and workmanship will be in accordance with the applicable
City Plumbing Ordinances. Where the provisions of the specifications exceed such
requirements, the specifications shall govern.
e. Controllers: The contractor will be responsible for the control of Smart Water
Application Technologies (SWAT) certified weather -based controllers or equivalent,
controller programming through the contractors office via a desk top or any wireless
computer, or hand held device. The LMD will provide a password for access.
I. 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.
22.02 Water Budgets - In order to ensure efficient and responsible water management with
regards to landscape irrigation, the City of Santa Clarita Special Districts office requires 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).
Formula:
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (to gallons)
0.7 = ET Adjustment Factor (ETAF)
LA = Landscape area including SLA (square feet)
0.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
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 or
Castaic Lake Water Agency, 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 these requirements will result in a probationary period of up to 60 days to
allow for corrective actions. Failure to comply with water budgets within this time frame 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 WALKWAYS, SERVICE ROADS AND DRAINAGE
Bid # LMD-13-14-26 29
SYSTEMS
23.01 Walkways and Service Roads: All walkways and service roads, if any, shall be
maintained by Contractor so as to keep the integrity of the walking or driving surface in a safe,
unimpaired condition. The contractor may not use subcontractors not included with the bid
submission without the written approval of Special District Staff. Any unsafe condition of a
walkway or service road shall be reported immediately to the LIVID Inspector or directly to the
City.
a. Contractor may be responsible for total replacement or repair on walkways or any
hardscaped area, or if any plant damage occurs due to Contractor's negligence or by
accidental damage within his maintenance operation.
b. Contractor shall be responsible for sweeping/blowing all walkways and paseos within
the contract boundaries at a minimum of once per week or as necessary or as
requested by Special Districts. All debris must be collected and removed.
c. Disposal of debris by blowing into roadways, sidewalks, or other areas is prohibited
and may be cause for contract termination.
23.02 Drainaae Systems: The following services shall be provided by Contractor at their
expense per Contract Agreement except as otherwise provided for:
a. All LIVID area surface drains ("V" ditches), shall be kept clear of debris at all times so
that water will have an unimpeded passage to its outlet. Contractor will not flush dirt
or debris into the stormdrain 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.
b. All LIVID area sub -surface drains (except storm drains), if any, shall be periodically
flushed with water to avoid build-up of silt and debris. All inlets to sub -surface drains
shall be kept clear of leaves, paper, and other debris to ensure unimpeded passage
of water. Every attempt will be made to prevent debris from continuing into the City's
Stormdrain system including the use of sand bags, straw bales or other Best
Management Practices (B.M.Ps)
c. Disposal of green waste or other debris into catch basins, drains or stormdrains is
prohibited. Such action could result in termination of maintenance contract.
24. MAINTENANCE INSPECTIONS
24.01 Contractor shall: Weekly perform a maintenance inspection of all facilities within the LMD
during daylight hours. Such inspection 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 reporting system at: www.santa-clarita.com/e-service.
24.02 Monthly; 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 least one (1) week prior
to such inspection. In addition, bi-weekly interim inspections may be made by Special Districts.
Any corrective work required as a result of a monthly inspection or any "interim" inspection by
Special Districts shall be accomplished to the satisfaction of Special Districts within 3 working
days of the notification of deficiencies, except in the case of a leaking valve, which must be
repaired within 24 hours following notification.
25. GRAFFITI ERADICATION AND CONTROL
25.01 Contractor maybe responsible to remove small amounts of graffiti (licensed plate size)
Bid # LIVID -1 3-14-26 30
as it appears upon any of the walkways, Paseo overpasses and underpasses, walls, 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: www.santa-cladta.com/e-
r9 affiti.
25.02 The contractor may be required to remove small amounts of debris which would fit into a
small pick up truck. In such cases the dump fee may be invoiced to Special Districts. Removal of
larger items would be considered as an "additional work" item and subject to the terms of
Section 4.
25.03 All materials and processes used in graffiti eradication shall be non -injurious to surfaces
and adjacent District property and approved by CAL -OSHA. Materials and processes used must
be approved by LMD prior to use.
26. NATURAL AREAS MAINTENANCE
26.01 Natural areas are open space areas that have minimal usage due to the sloping
character of the land and the rugged landscape materials that are native to the land. Contractor
will provide periodic maintenance, according to routine scheduling, consisting of debris removal
as directed by Special Districts.
27. SEASONAL COLOR AREAS
27.01 Annuals (flowers) shall be replaced three (3) times per year during the months of
October, March, and June with appropriate varieties for each season to be approved by Special
Districts prior to planting. Plant size shall be 4 -inch pots when possible. The price of the annual
color plants plus no more than a 15% mark up will be paid by the City; contractor, under the terms
of this agreement shall Drovide the labor.
28. IRRIGATED STREET TREE WELLS
28.01 Contractor is responsible to keep tree wells within LMD areas weed -free and maintain
tree well irrigation system in accordance with Section 22 of these Specifications. Maintenance of
trees in street tree wells shall be in accordance with Section 19 or these Specifications.
29. NON LANDSCAPED MEDIANS & UNDEVELOPED MEDIANS
29.01 Contractor will provide periodic maintenance, according to routine maintenance
scheduling, consisting of debris removal, weed abatement and mulch application.
Bid # LMD-13-14-26 31
BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID
NOTE: The following form shall be used in case check accompanies bid.
Accompanying this Proposal is a 'certified/cashier's check payable to the order of the City of
Santa Clarita for: dollars
($ ), this amount being not less than ten percent (10%) of the total amount of the bid
OR 10 % of the value of the 1 st year of service for service bids. The proceeds of this check shall
become the property of said AGENCY provided this Proposal shall be accepted by said
AGENCY through action of its legally constituted contracting authorities, and the undersigned
shall fail to execute a contract and furnish the required bonds within the stipulated time;
otherwise, the check shall be returned to the undersigned.
Project Name:
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
Bidder's
CONTRACTOR
Address
City, State, Zip Code
* Delete the inapplicable work.
NOTE: If the bidder desires to use a bond instead of a check, the following form shall be
executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of
the bid.
Bid # LMD-13.14-26 32
PROPOSAL GUARANTEE
BID BOND
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-1426
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that as
BIDDER, and as SURETY, are
held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of
dollars ($ ), which is ten
percent (10%) of one year of the total amount of the bid, by BIDDER to AGENCY for the above -
stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly
and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to
submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is
accepted and the contract is awarded and entered into by BIDDER in the manner and time
specified, then this obligation shall be null and void, otherwise it shall remain in full force and
effect in favor of AGENCY.
IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this
day of 20_
BIDDER
SURETY"
Subscribed and sworn to this day of .20
NOTARY PUBLIC
'Provide BIDDER and SURETY name, address, and telephone number and the name, title,
address, and telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570, as amended) and be authorized to transact business in the State
where the project is located.
Bid # LMD-13.14-26 33
FAITHFUL PERFORMANCE BOND
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that ,
as CONTRACTOR, AND as
SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum
of dollars ($ ), which
is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of
which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these
presents. For service contracts of a continuing nature, the bond shall be in the amount equal to
the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the
annual value of such contract. The term of the bond shall cover the initial contract term.
Thereafter, CONTRACTOR and SURETY must submit a new or renewed bond covering each
subsequent annual renewal of the contract.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been
awarded and is about to enter into the annexed Contract Agreement with AGENCY for the
above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the
contract documents in the manner and time specified therein, then this obligation shall be null and
void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any
alterations in the obligation or time for completion made pursuant to the terms of the contract
documents shall not in any way release either CONTRACTOR or SURETY, and notice of such
alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this
day of 2012.
CONTRACTOR*
SURETY*
Subscribed and sworn to this
2012.
NOTARY PUBLIC
day of
Provide CONTRACTOR/SURETY name, address, and telephone number and the name,
title, address, and telephone number of authorized representative.
Bid # LMD-13-14-26 34
LABOR AND MATERIAL BOND
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-1426
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that
as CONTRACTOR AND as
SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum
of dollars
($ ), which is one -hundred (100%) percent of the total amount for the above
stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been
awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -
stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any
kind used in the performance of the work to be done under said contract, or fails to submit
amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY
will pay for the same in an amount not exceeding the sum set forth above, which amount shall
insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures;
provided that any alterations in the work to be done, materials to be furnished, or time for
completion made pursuant to the terms of the contract documents shall not in any way release
either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this
day of _'2012.
CONTRACTOR*
SURETY*
Subscribed and sworn to this
NOTARY PUBLIC
day of 2012.
Provide CONTRACTOR/SURETY name, address, and telephone number and the name,
title, address, and telephone number of authorized representative.
Bid # LMD-13-14-26 35
SAMPLE CONTRACT
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
Contract No.
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of
20, by and between the CITY OF SANTA CLARITA, a general law city and
municipal corporation ("CITY") and , a Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE
OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and
conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an
amount set forth in the attached Exhibit " " which is incorporated by reference, for
CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty
(30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from 20 to 20 The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit " .11
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment,
printing, vehicles, transportation, office space and facilities, and all tests, testing and
analyses, calculation, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by CITY, necessary or proper to perform and
complete the work and provide the professional services required of CONTRACTOR by
this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR
must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret
and implement any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages
are available upon request from CITY's Engineering Division or the website for State of
California Prevailing Wage Determination at www.dir.ca.00v/DLSR/PWD. A copy of the
prevailing rate of per diem wages must be posted at the job site.
Bid # LIVID -1 3-14-26 36
B. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA),
which includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally
work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of
anyone to be hired, which includes completing the Employment Eligibility Verification
Form (1-9). The Contractor shall establish appropriate procedures and controls so no
services or products under the Contract Documents will be performed or manufactured
by any worker who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:
Thoroughly investigated and considered the scope of services to be performed;
and
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of
the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has
or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the services hereunder. Should CONTRACTOR discover
any latent or unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and will not proceed
except at CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
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 per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name City, its
officials, and employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other insurance that
may be carried by City will be excess thereto. Such insurance will be on an "occurrence,"
not a "claims made," basis and will not be cancelable or subject to reduction except upon
thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
Bid # LMD-13-14-26 37
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, endorsements
as required herein, and such other evidence of insurance or copies of policies as may be
reasonably required by City from time to time. Insurance must be placed with insurers
with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any
cancellation of coverage. CONTRACTOR will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, and to delete the word "endeavor"
with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required
by this Agreement, City may obtain such coverage at CONTRACTOR's expense and
deduct the cost of such insurance from payments due to CONTRACTOR under this
Agreement or terminate. In the alternative. should CONTRACTOR fail to meet any of the
insurance requirements under this agreement. City may cancel the Aareement
immediately with no penalty.
F. Should Contractor's insurance reauired by this Agreement be cancelled at any point Prior
to expiration of the policy. CONTRACTOR must notify City within 24 hours of receipt of
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization to
proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause
B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at
least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its
own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that
might otherwise arise from CITY'S termination under this Section.
9. INDEMNIFICATION.
CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the
performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any
claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services
rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with
Bid # LMD-13-14-26 38
counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums
paid out in settlement or costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as
an independent contractor and will have control of all work and the manner in which is it performed.
CONTRACTOR will be free to contract for similar service to be performed for other employers while under
contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate
in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision
in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of
doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and
may be given by personal delivery or by mail. Notice sent by mail will be addressed as
follows:
To CITY: City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR: Name
Address
City
B. When addressed in accordance with this paragraph, notices will be deemed given upon
deposit in the United States mail, postage prepaid. In all other instances, notices will be
deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be
given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer
Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this
Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this Agreement, whether of the same or different character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and
according to its fair meaning, and this Agreement will never be construed either for or against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion
of the court to render such portion enforceable and, as so modified, such portion and the balance of this
Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only
and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any
other provision, nor will such waiver constitute a continuing waiver.
Bid # LIVID -1 3-14-26 39
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the
laws of the State of California, and exclusive venue for any action involving this agreement will be in Los
Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval
and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed
by the City Manager, The Parties represent and warrant that all necessary action has been taken by the
Parties to authorize the undersigned to execute this Agreement and to engage in the actions described
herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any
such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements
ancillary to this Agreement, and related documents to be entered into in connection with this Agreement
will be considered signed when the signature of a party is delivered by facsimile transmission. Such
facsimile signature will be treated in all respects as having the same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any
provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this
Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only
and will not affect the interpretation of this Agreement.
23. 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.
24. 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.
25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's conflict of interest regulations.
(SIGNATURES ON NEXT PAGE)
Bid # LMD-13-14-26 40
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first
hereinabove written.
FOR CONTRACTOR:
By: DO NOT SIGN — COPY ONLY
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Bid # LMD-13-14-26 41
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
DOCUMENTS CHECKLIST
The following documents are required to be completed and submitted by the Contractor at the
times specified by an X opposite each title. If no column is marked, document will not be
required.
DO NOT send more information than is requested.
DO send the REQUESTED information.
With Bid Proposal (All Bidders)
With Agreement (Awardee only)
Prior to Starting Work (Awardee only)
X
Proposal — electronic
X
Proof of Contractor's License - license number will suffice
X
Bidder's Bond
X
List of Subcontractors — if none, write 'n/a"
X
References
X
Initials Verification of Additional Pricing (approx page 46)
X
Bid Schedule — Use the City supplied pricing page only
X
Exhibit A - Violation Records — must be completed
X
Exhibit B — Staff — must be completed
X
Required certificates/qualifications (as identified in solicitation)
X
Contract Agreement
X
Insurance Requirements — Return only if Awardee
X
Bond for Faithful Performance
X
Payment Bond (for Labor and Material)
X
Certification of Public Liability and Property Damage Insurance
X
Certification of Worker's Compensation Insurance
X
Certification of Fire and Extended Coverage Insurance
X
Maintenance Meeting
X
Emergency Contact Information
Bid # LMD-13-1426 42
BID SCHEDULE
Annual Landscape Maintenance LMD Zone 3 Sierra Heights, Zone 5 Sunset Hills,
Zone 6, Canyon Crest and Zone T-31 Shangri-La
Item Project Site
No.
Monthly Total
Maintenance Cost Annual cost
1. LMD Zone 3 a) x12mos = b) /annually
Total bid amount for Zone 3 Sierra Heights annually, in legibly printed words:
2. LMDZone5 a) x12mos = b) /annually
Total bid amount for Zone 5 Sunset Hills annually, in legibly printed words:
3. LMD Zone 6 a) x12mos = b) /annually
Total bid amount for Zone 6 Canyon Crest annually, in legibly printed words:
4. LMD Zone T-31 a) x12mos = b) /annually
Total bid amount for Zone T-31 Shangri-La annually, in legibly printed words:
5. ANNUAL TOTAL (add lines 1-4) $
Total bid amount for items 1, 2, 3, and 4, annually, in legibly printed words:
Bid # LMD-13-14-26 43
LMD ADDITIONAL PRICING (SHEET #1) DO NOT ADD TO TOTAL
Pricing and Billing Schedule Detail
Hourly labor rates to be used in performing the work required in the specifications for annual
landscape maintenance. These rates will not be used in evaluating the bid, but shall be used in
evaluating cost estimates for "additional' or "extra" work requested by the City under this
contract.
Extra/Additional work by the CONTRACTOR, shall not exceed the labor rates as listed below:
Skill Level Hourly cost After hour emergency
Irrigation Laborer
$40.00 per hour $65.00 per hour
Landscape Laborer $30.00 per hour $45.00 per hour
QAC/QAL Herbacide and Pesticide Applicator $30.00 per hour N/A
Please note: pricing increase allowance will be according to Consumer Price Index (see
Section A, 'Bid Instructions, Item #34)
Please initial to verify acknowledgement of labor rates - (initial)
Bid # LMD-13-14-26 44
LMD ADDITIONAL PRICING SHEET #2
Please list the unit price, EXCLUDING part/material costs, for the following tasks. These rates will not be
used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by
the City under this contract.
Bid # LMD-13-14-26 45
EXTENDED
LINE
DESCRIPTION
UNIT OF
UNIT PRICE
QUANTITY
PRICE
MEASURE
(unit price x
quantity)
1
1 square foot
500 sq. ft.
Price for landscaped
median maintenance with
turf.
2
1 square foot
1000 sq. ft.
Price for landscaped
median maintenance for
shrubs and ground cover.
3
1 square foot
500 sq. ft.
Price for landscaped,
irrigated slope
maintenance.
4
One gallon
(5) Five
Installation of shrub, one
gallon container.
5
Five gallon
(5) Five
Installation of shrub, five
gallon container.
6
24 inch box
(2) Two
Installation of tree - 24
tree
inch box container.
7
15 gallon tree
(2) Two
Installation of tree -15
gallon container
Bid # LMD-13-14-26 45
DESIGNATION OF SUBCONTRACTORS
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-1426
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 1/2 of 1 percent of the prime
contractor's total bid: DBE status, age of firm, certifying agency and annual aross receipts are
required if sub contractor is participatina as a DBE. The form MUST be returned with bid, filled in or
annotated with "No Subcontractors" if none will be used.
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
Bid # LMD-13-14-26 46
DESIGNATION OF SUBCONTRACTORS
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LM D-13-14-26
City of Santa Clarita, California
Subcontractor DBE STATUS:
Age of firm: Certifying A enc :
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone( )
Subcontractor
Age of firm:
DBE STATUS:
Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Description of Work
License No.
Bid Schedule Item Nos:
Description of Work
Exp. Date: Phone( )
License No.
Exp. Date: / /
Phone ( )
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
e of Work
=ssReceipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date:
Phone ( )
Subcontractor
Age of firm:
DBE STATUS:
Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: Phone( )
Bid # LMD-13-14-26 47
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for
which BIDDER has performed work of a similar scope and size within the past 3 years:
2.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
3.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
Bid # LMD-13-14-26 48
Exhibit A
Violation Records
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 bid at
this time.
2) In the year of 2010, what was the longest stretch of days worked without an
accident in the landscape maintenance division?
a.
3) Please provide any sustained complaints made to your company within the
past four (4) years to Cal -OSHA.
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
C-27 license.
a.
Bid # LMD-13-14-26 49
EXHIBIT B
Provide information on the certified arborist, chemical applicator, irrigation specialist, crew
foreman, including name, certification and whether staff or subcontractor.
Staff
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Bid # LMD-13-14-26 50
EXHIBIT C
EQUIPMENT REQUIREMENTS
Additional equipment requirements for work within proposed Landscape Maintenance District:/ or the
ability to rent.
• Commercial Grade Chipper
• 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
• All maintenance supplies for proper equipment operation
• Garden Spading Forks
• Shovels
• Rakes
• Scoop Shovels
• 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 such as the Rain Master Pro -Max
• 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
Bid # LMD-13-14-26 51
EXHIBIT D
INVENTORY LISTS
LMD Zone 3 SIERRA HEIGHTS
Inventory List: Zone 3
Item #
Description
APPROXIMATE square footage Estimated Quantity
1
Irrigated Landscape
84,700
2
Non -irrigated Landscape
(brush clearance/weed abate)
3
Backflow devices
2
4
Irrigation controllers
2
5
Irrigation enclosures
2
6
Paseo pole lights
0
7
Trail foot lights
0
8
Bridges over street
0
9
Tunnels and lights
0
10
Monument Signs
0
11
Tennis courts
0
12
Trash containers cement/other
0
13
Paseo and Trail Walkways
0
14
Drinking fountains
0
15
Playgrounds
0
16
Block pillars
4
17
Chain link gates
2
18
Wrought iron gates
2
Bid # LMD-13-14-26 52
LMD Zone 5 SUNSET HILLS
Inventory List: Zone 5
Item #
Description
APPROXIMATE square footage
Estimated Quantity
1
Shrub panel areas
7,143
2
Slope areas
584,266
3
Non -irrigated Landscape
(brush clearance/weed abate)
5,100
4
Backflow devices
7
5
Irrigation controllers
7
6
Irrigation enclosures
7
7
Paseo pole lights
0
8
Trail foot lights
0
9
Bridges over street
0
10
Tunnels and lights
0
11
Monument Signs
0
12
Tennis courts
0
13
Trash containers cemenVother
0
14
Paseo and Trail Walkways
0
15
Drinking fountains
0
16
Playgrounds
0
17
Block walls
40 L.F.
18
Solid metal gate
1
19Wrou
ht iron fencin
430 L.F.
20
Wroughtates
8
Bid # LMD-13-14-26 53
LMD Zone 6 CANYON CREST
Inventory List: Zone 6
Item #
Description
APPROXIMATE square footage
Estimated Quantity
1
Turf areas
5,000
2
Annual color areas
3,000
3
Irrigated slope areas
168,200
4
Non -irrigated Landscape
(brush clearance/weed abate)
5
Backflow devices
3
6
Irrigation controllers
3
7
Irrigation enclosures
3
8
Paseo pole lights
0
9
Trail foot lights
0
10
Bridges over street
0
11
Tunnels and lights
0
12
Monument Signs
2
13
Tennis courts
0
14
Trash containers cementlother
0
15
Dog scooper stations
1
16
Paseo and Trail Walkways
0
17
Drinking fountains
0
18
Playgrounds
0
Bid # LIVID -1 3-14-26 54
INVENTORY LISTS
LMD Zone T-31 SHANGRI-LA
Inventory List: Zone T-31
Item #
Description
APPROXIMATE square footage
Estimated Quantity
1
Irrigated landscape
625,300
2
Non -irrigated Landscape
(brush clearance/weed abate)
1,065,200
3
Backflow devices
11
4
Irrigation controllers
10
5
Irrigation enclosures
10
6
Paseo pole lights
0
7
Trail foot lights
0
B
Bridges over street
0
9
Tunnels and lights
0
10
Monument Signs
0
11
Tennis courts
0
12
Trash containers cement/other
0
13
Paseo and Trail Walkways
0
14
Drinking fountains
0
15
Playgrounds
0
16
Wrought iron fencing
65 L.F.
17
Wrought gates
0
Bid # LIVID -1 3-14-26 55
EXHIBIT
Specialized :n nano Program m!e_e Guide
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EXHIBIT El
Specialized Maintenance Program Reference Guide
Semi-annual and Annual
(For reference only: actual maintenance schedules shall comply with maintenance specifications.)
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Bid # LMD-13-14-26 57
EXHIBIT E2
IRRIGATION SCHEDULE GUIDE — MANUAL TYPE CONTROLLER (For Reference Only — actual
irrigation needs shall be based on plant requirements)
SPRING - SUMMER IRRIGATION SCHEDULE
A. As climatic conditions become warmer, the irrigation schedule will be correspondingly
increased. The run times/cycles will be adjusted to utilize 'cycle and soak' methods on a
daily basis to maximize soil percolation and consequently minimize run-off.
B. The irrigation controllers will be programmed to be on solely during nighttime, lower -
temperature hours.
FALL- WINTER IRRIGATION SCHEDULE
A. As climatic conditions become cooler, the irrigation schedule will be correspondingly reduced.
The run times/cycles/days will be decreased to levels that will minimize excess soil moisture
and run-off.
B. The irrigation controllers will be programmed to be on solely during daylight, non -frost threat,
hours. The contractor will schedule the irrigation program to water during less peak hours of
the day to avoid wetting vehicles.
VARIATION
A. Variations from the irrigation schedules will occur when water has been shut down due to
construction by developers which results in above -normal watering required to restore
landscaping appearance to an acceptable level.
Certain soil conditions may require more or less watering than the norm, resulting in
variations in the schedule for specific stations on a controller.
C. The Contractor is responsible to make adjustments as necessary in any other circumstance
so as to maintain acceptable appearance at all times.
MONITORING
A. The Contractor shall submit to the LMD Consultant a completed Irrigation Schedule, for
review and approval, at the beginning of each climatic season [Spring, Summer, Fall, and
Winter].
B. LIVID Consultants will spot-check irrigation controllers while on monthly inspections of district
with the Contractor to ensure appropriate run times/cycles/days for the current season and
weather conditions.
C. The Contractor will conduct a complete irrigation system inspection for each assigned district
a minimum of twice a year and inform the LIVID Consultant of the results of those inspections.
Bid # LMD-13-14-26 58
EXHIBIT E3
IRRIGATION SCHEDULE GUIDE — MANUAL TYPE CONTROLLER (For Reference Only — actual
irrigation needs shall be based on plant requirements)
Special Districts Irrigation Program — Summer & Winter Schedules
SUMMER IRRIGATION SCHEDULE (March 21 — October 20)
A. Shrub Beds
1. Spray Heads 4 minutes per station/per cycle, 3 cycles per day, 5 days per week.
2. Stream Heads —10 minutes per station/per cycle, 3 cycles per day, 5 days per week.
3. Stream Rotary —15 minutes per station/per cycle, 3 cycles per day, 5 days per week.
B. Turf Areas
1. Spray Heads — 5 minutes per station/per cycle, 3 cycles per day, 5 days per week.
2. Stream Rotary 180 (half) — 15 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
3. Stream Rotary 360 (full) — 30 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
4. Gear Rotary 180 (half) — 20 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
5. Gear Rotary 360 (full) — 40 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
C. Planted Slopes
1. Impact Heads 180 (half) — 15 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
2. Impact Heads 360 (full) — 30 minutes per station/per cycle, 3 cycles per day, 5 days per
week.
3. Spray Heads — 5 minutes per station/per cycle, 3 cycles per day, 5 days per week.
WINTER IRRIGATION SCHEDULE (October 21 — March 20)
As the climatic conditions become cooler, the watering schedule will be reduced. The time elements
will remain the same, but the number of cycles and number of days will be reduced to 3 days or less
per week.
VARIATION OF IRRIGATION SCHEDULES
A. Variations of the schedules will occur when water has been shut down due to construction by
developers which results in above -normal watering required to restore landscaping appearance to
an acceptable level.
B. Certain soil conditions may require additional watering, resulting in variations in the schedule for
specific stations on a controller.
C. Private contractor is responsible to make adjustments as needed to maintain acceptable
appearance at all times.
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 a minimum of twice a
year.
Bid # LIVID -1 3-14-26 59
EXHIBIT E4
Preventative Disease Control Guide
Olea Europaea (Olive Tree)
Fruit Set — Preventative Treatment
First application to be done when 1/2 to 3/4 of blooms are open.
Second application to be done 7-10- days after the first application.
If. Pyrus Kawakamii (Evergreen Pear)
Fireblight — Preventative Treatment
Spray application to occur October 1 through mid-November.
Fireblight — Post Treatment
Prune out diseased wood, sterilizing pruning tools after each cut.
111. Platanus (Sycamore)
Anthracnose (Fireblight) — Preventative Treatment
This treatment would consist of two (2) applications and possibly a third application,
depending on the effectiveness of the previous application. Materials used shall be of
an approved type by the County Agriculture Department.
First Application — During the month of February, during the budding stage.
Second Application — During the month of March, during the juvenile growth state of the
leaf.
Third Application — During the month of April, if there is evidence of blight after
mature growth of leaf.
Above applications could vary depending on climatic conditions.
IV. Preventative Treatments
Any materials used while performing all of the above described operations will be of a
type approved by the County Agricultural Commissioner.
Bid # LMD-13-14-26 60
EXHIBIT E5
Artificial Turf Maintenance
Taking care of your new artificial lawn
With synthetic grass you will never have to mow, water or fertilize your lawn ever again. However, you will
have times when you will want to clean the artificial turf fibers or need to clear off fallen leaves in the fall.
Unfortunately, your new green synthetic lawn can't solve all of your lawn maintenance issues.
Washing Artificial Grass;
While Synthetic lawn does not require routine lawn maintenance, you will need to clean it periodically to
maintain its appearance. Depending on how your lawn is used and whether you have a pet, you may
need to wash your lawn more or less often. A cleaning detergent can be used if needed to remove pet
wastes or oxidation from nearby sprinklers. We recommend cleaners like Agent Orange or Simple Green
for most jobs. For sprinkler oxidation we find CLR works the best.
Simply spray down the lawn as if you were hosing down a driveway or patio. If using cleaners, apply in
problem areas and let it sit for several minutes. When ready, simply rinse off cleaner.
• Simply spray off lawn like you were hosing down a driveway or patio.
• Cleaning detergents may be used if necessary.
Blowing Off Lawn;
To remove leaves and other debris, it is best to use a power blower. While a plastic leaf rake will not hurt
the turf fibers, using one of these rakes can break up the leaves making it tougher to remove from the
fibers.
Start from one side of your lawn and blow off any leaves or debris. Sweep up after you have removed the
debris and discard.
• Using a power blower is the easiest way to remove leaves and debris.
• Using plastic rakes can break up leaves making it hard to remove from fibers.
Weekly;
Remove leaves and trash.
Hand pull weeds.
Spot clean spills.
Monthly;
Check seams and report failures.
Brush the surface to redistribute infill and maintain vertical fibers.
Annually; Top dress with infill. Treat moss, mold and algae.
61
EXHIBIT F
2013 Holiday Schedule
New Year's Day Tuesday, January 1
Martin Luther King Day Monday, January 21
President's Day Monday, February 18
Memorial Day Monday, May 27
Independence Day Thursday, July 4
Labor Day Monday, September 2
Veteran's Day Monday, November 11
Thanksgiving Day Thursday, November 28
Day after Thanksgiving Friday, November 29
112 Day for Christmas Eve Tuesday, December 24
Christmas Day Wednesday, December 25
112 Day for New Year's Eve Tuesday, December 31
New Year's Day Wednesday, January 1, 2014
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.
62
EXHIBIT G
ZONE 3 MAP
1I.ARNA
SWIA C
LMD Zone 3
RES,
PASEO LIGHTPOLES,
& FOOTLIGHTS
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L%M PMs
0 P.B w
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PercNOrXAres
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EXHIBIT G
ZONE 5 MAP
�41> Weed abanmaro and Trees
/�
'„T_i Rre CWrance
o•,,.rSAMIIAA (..'I.aerra
+`
LIVID Zone 5
/
LANDSCAPES,
PASEO LIGHTPOLES,
& FOOTLIGHTS
Lege
'c
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pe`
• Lght Poles
1
'�
Pas. Orbpe
%
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Pa OUYin•a
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NnOaled Landscape
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/�
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64
EXHIBIT G
ZONE 6 MAP
" MIA (:1.4HI'1:4
!
LIVID Zone 6
r
LANDSCAPES,
PASEO LIGHTPOLES,
j.. ... l
& FOOTLIGHTS
a
Leam
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jj
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ee i
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EXHIBIT G
ZONE T31 MAP
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ADDENDUM #1
For
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
October 3, 2013
This addendum must be included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number is (661) 2864186.
The correct due date for this bid is before 11:00 AM, on Friday, October 2e, 2013.
(NOT 10118113).
Contractor's representative Date
Company Name
Bid # LMD-13-14-26,ADD1 1
ADDENDUM #2
For
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
October 9, 2013
This addendum must be included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number is (661) 28613186.
On October 7, 2013, there was a pre-bid meeting for bid LMD-13-14-26.
The following City staff were in attendance:
Jason La Riva, Project Development Coordinator (Project Manager)
Mary Alice Boxall, Labor Compliance Specialist
Jennifer Killian, Buyer
The following vendors were in attendance:
Oak Springs, JL Arrendondo
Stay Green, Grant Clack
ValleyCrest, Andrew Sanders
Labor compliance was addressed and the following bid items were covered:
1. Bid instructions
2. Administrative Specifications
a. Term
b. Mulch
c. Experience
d. Brush Clearance
3. Labor Requirement
4. Company Identification
5. Contractor accepts condition "as is"
6. Work Hours
7. Brush Clearance
8. Turf
9. Irrigation Controllers (auto mode)
10. Mulch
11. General Clean Up
12. Water Management
13. Color (annuals)
Bid # LMD-13-14-26.ADD2
14. Materials are billable at no more than 15% mark up
15. Contractor shall be responsible for knowledge and experience with industry
standard irrigation controllers to include but not limited to:
a. Calsense
b. WeatherTrak
c. Rain Bird
d. Rainmaster
e. LETT
f. Superior
g. Hunter
16. Zone 3 access gate is locked. The City of Santa Clarita will make arrangements to
allow access, update to follow.
17. In LMD zone T-31 Shangri La, the small median approx 75 feet north of Soledad
Canyon Rd. is part of the maintenance area for Zone T-31.
Contractor's representative Date
Company Name
Bid # LMD-13-14-26,ADD2
ADDENDUM #3
For
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
October 24 2013
This addendum must be included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number is (661) 286-4186.
On October 7, 2013, there were (2) questions that were sent in but an error was made and
they did not make it into the addendum. Due to this issue, we are answering the
questions now and extending the due date.
The NEW DUE DATE of this bid is Tuesday, October 29th before 11:00 AM.
Who is the current contractor for this Contract?
2. What is the current annual fee?
Answers for Questions 1 and 2 -
Zone 3 - Oakridge $24,590.88
Zone 5 - Stay Green $71,184.00
Zone 6 - Stay Green $46,440.00
Zone T31 - Four Seasons $88,556.16
Contractor's representative Date
Company Name
Bid # LMD-13-14-26.ADD3
CITY OF SANTA CLARITA
INVITATION FOR BI
BID OPENING: October 25, 2013, 11:00 AM
The City of Santa Clarita invites electronically sealed bids for:
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14.26
Terms of payment: 30 days Subtotal US$ 119, 400.00
Delivery: Sales or Use Tax (8.75%): US$ 0.00
TOTAL: US$ 119, 400.00
1. Electronic Bids must be ELECTRONICALLY received at:
http9/www.i)lanetbids oom/portal/portal cfnflCompanvlD=16840#
2. Prices shell be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service
rendered.
3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is
longer.
4. Bids must be on this Bid form and signed by the vendor's authorized representative and uploaded
to Planet Bids. This signature acknowledges the proposer has read and understands the
requirements contained on pages 1 to 48, Exhibits A to G and separate Appendix C (Labor
Compliance Program),
5. The last day for questions will be 5:00 PM, October 17, 2013,
6. The vendor is responsible for the accuracy and completeness of any solicitation form not
obtained directly from the City.
7. A pre-bid meeting will be heli; oil Monday, October 7, 2013 at 11:00 AM at City Hail, 23020
Valencia Blvd., In the Council Chambers, Santa Clarita, CA. All interested vendors are
strongly encouraged to attend. This will be the one and only pre-bid meeting.
BIDDER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this bid. The undersigned
agrees to furnish the commodity or service stipulated on this bid as stated above.
Company: valleyCrest Landscape Maint
Name (Print): Rene A. Rivera
Company Phone No., 818-838-4700
Bid # LMD-13-14.26
Address: 13691 Vj ghn St San Fernando CA 91340
Signature. 1
Title of Person Signing Bid erancb Manager
PROPOSAL GUARANTEE
BID BOND
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) ti, SHANGRI-LA (ZONE T-31)
LMD-13.14.26
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that ValleyCrest Landscape Maintenance, Inc. ,as
BIDDER, and Liberty Mutual Insurance Comoany as SURETY, are
held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of
Ten Percent of the Amount Bid dollars ($10°k of the .which is ten
percent (10%) of one year of the total amount of the bid, by BIDDER to AGENCY for the above -
stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly
and severally, firmly by these presents,
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER Is about to
submit a bid to AGENCY for the above -stated project, if said bid is rejected, or If said bid is
accepted and the contract is awarded and entered Into by BIDDER in the manner and time
specified, then this obligation shall be null and void, otherwise it shall remain in full force and
effect in favor of AGENCY.
IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this
oath day of October , 2013.
BIDDER ValleyCrest Landscape Maintenance Inc.
13691 Vaughn Street, San Fernando, CA 91340
SURETY* Liberty Mutual Insurance Company
3DN Brand Blvd., Glendale, CA 91203
Subscribed and sworn to this day of 20
NOTARY PUBLIC See attached CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
*Provide BIDDER and SURETY name, address, and telephone number and the name, title,
address, and telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570, as amended) and be authorized to transact business in the State
where the project is located,
Bld 0 LMD-13-14-20
33
** Amount Bid
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
ss
County of Los Angeles )
On OCT 8 2018 before me, Lisa L, Thornton. NotaryPublic, ,personally
appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the
person(Q whose name4s) Isar subscribed to the within Instrument and acknowledged to me
that #erlshe4hey executed the same in 46;4herr, heW authorized capacity4aq, and that by
4i4herA 4eii: signatureW on the instrument the personal, or the entity upon behalf of which
the person4) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
L15A LTHORNTON r4
Commission N 70402i3
�.,, ;Y
Notsry Public • California s
2z
y vim `
I.os Angeles County
MM Comm. Ex Ines Jun 10, 2015 J
Signatu 4:;orntoir,
,,JJs -I otaryPublic
TI -IIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACI(GROUND.
This Power ofAltomayalnlls the acts of Inose nailed herein, and they hove no authortlyto hind lite Compaly except In The manner and to Ne extent Imreln staled.
CertdOcale No. (QM*K0
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casually Insurance Company WeslAmerican Insurance Company
POWER OF ATTORNEY
KNOYMALL PERSONS BYTHESE PRESENTS: ThalAnmrican Fire & Casualty Company and The OW Casually Insurance Company are corporations duty organized under the Im s of
It* Sl* of Nevi Hampshire, that Liberty Mutual Insurance Compnnyfs a corporalim dulywilanized underlhe law ofthe Slate of Messechusetts, and WeslAmarican Insurance Company
is a caporofionduq orgaNzed under the lays of the Slate of bldiane (Imreln eoRKlivelycakd the -Companies'), pursuenito and by authority herein of forth, does hamby, name, conslilule
andappobd, GKN Nakamura S Albrecht, Jr -is Thornton, Maria Pa ml O I Tim A Tornon
all of the city of Los Amain state or CA each iMrvldrally If there be more [hen ogre named, Its (me and level allorrey fact to make, execute, seal, ackaotledge
and dealer, for end an its behalf as surety and art Its ad and deed, any and all undertakings, bonds, fecognizanees and other surety obligations, to pursuance of these presents and shall
be as binding upon the Companies m It they have been duty firmed by the president and arrested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of At" has been subsralbed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
Iherelothis 23m dayof September 2013
American Fire and Casualty Company
'^' " f' t a . ,S•--•xx:,*at_ - T 'it`s' The Ohio Casualty Insurance Company
:.?i tsnw •�;�'[_;( 1^.12 is lc( TPzz '' 1 tgr �'4i LlbedyMutual Insurance �ranceCompany
.. ,_. WestAmedcan Insurance Company
tw-
STATE OF WASHINGTON ss Gregory W. Davenport, Assistant secretary
COUNTY OF KING
1 On ads 23N day of Soolember ,20133 before me personally appeared Gregory W. Davenport, who acknowledged htnmell to be the Assistant Secretary of American
Fife and Casualty Company, Lberty Mumal Idsu voce Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute fie lonegothg instrument fa the purposes Ihemn contained by signing on behalf of the colperalkvm by himself as a duly authohzed officer.
IN WITNESS WHEREOF, I have hereunto subscribed my nems and affixed my notarial seal at Seattle, Washingloo, on the day and year first above written,
Lj,i' �. fit•
KD Riley, col Public
This Power otAllomoyls made and executed paaant to and by eulhorily or the following By-Imvs and Aulkodzations afAmencan Fire and CasuallyCompany,The Ohio Casualty Insurance
Company, Lgedy WxIN1M Insw erm Comptany, end WeslAmedcon Insurance Company which resofulions are nocr In Ng force and effect reading as folbwrs:
ARTICLE IV -OFFICERS -Section 12. Power ofAlumay, Any officer crolheroffivalol the Corporation authorized for that purpose in writing by the Chairman or the President, and suNecl
to such fimilafanl as the ClWrman Or the President may prescribe, shall appoint such allamsys-Irl as may be necessary to act in behalf of em Corporation to make, execute, seal,
acknowledge and deliver as sundry any and alt mfdenakings, bonds, recogn¢ances and other sumly obligations. Such attorneys -in -fact, sutupctto the Ilmitalons selforth in Iheir iespeclive
powers of tendency, shall have full pourer to bind the Corporolwn by their signature and execution of any such Instruments and 10 gllach thereto the seal of the Corporation. Men so
executed, such iosuuments shell be as Dining as it signed by the President and attested to by the Secretary. Any poker or authority groued to airy representative W allomeyTn-fWf Unita(
we provisions of this article may be revoked at any time by the Board, the Chaummn, the President or by the officer or officers granting such paver 0, authority.
ARTICLE XIII -Fx cugon of Conbacis - SECTION 5. Suraly Bonds and Undamtkings. Any officer of the Company authorized fat that purpose In writing by the chairman or thepresident,
and sub ecl to such limitations as the chairman or the president may prescribe, shall appolnl such allomeys-inas may be necessaryto acl In behalf of the Company b make, ezeale,
seat, acknovdedge and deliver as surely any and a6 undedokings, bonds, recDmiumnces and other surety Obligations. Such auorneys-lo-fact subject to [he IimiWdons sat forth in theirmspective poses of ailonay, shallhave full pa•.erlo bid the Company bytheirsignature and execution of any such instruments and to outsell thereto the seal of the Company. When so
executed such instruments shall be as binding as 11 signed by the president and guested by the secretary.
Cergflcaie of Deslgnallon - The President of the Company, acting pursuant to the Bylais of the Company, authorizes Gregory W. Devenped, Assielanl Seaelary to eppoNl such
allomeysrtnfanl as maybe necessary to act on behalf of the Company la make, execute, seal, ackralNadge end delver az entirely any and all undertakings, bonds, recognizances and
olhersure(yoblgagons.
Authorization - By unanhr oos consent of the Conlpanys Board of Directors, the Campany consenls that facsinYlo or nechatwcally reproduced signature of any assistant secrelery of the
Company, wherever appearing upon a certified copy of any power of agomeY Issued by the Company in connection vrilh surely bonds, shall be valid and binding upon the Company with
the same lace and effect its though manually affixed.
I, David M. Camy, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty kTulual Insurance Company, and Wesl
Nnedcen bmuraae Company do hereby cedity that the oiignal powerof allomeyof whkh the foregoing is a full, Imo and cancel copy of ale PoverolAlemey executed by said Companies,
Is in full force and effect and has trot been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies [his _day of U -IT
-
1•r3 •�=�� : 6 ro.p 5 y h- 3:2: ji" ', 1 I"id i`_ i aye •^"
I Lytes: Devid M. cam Assistant Secretary
Ll1a 12013_092012 1101500
1019
' s _
10/8/2013
Hasmik Aslatuan
ValleyCrest Landscape Mnhuenance, Inc.
13691 Vaughn Street
Sat Fernando, CA 91340
RE: BID BOND
Obligee: City of Santa Clarita
Project: Armuai Landscape Maintenance for Sierra Hieghts (Zone 3), Sunsent Hills (Zone 5),
Canyon Crest (Zone 6) & Shangri-LA (Zone T-31)
LMD-13.14-26
Estimated Contract Price: $193,000.00
Bid Date: 10/25/2013
Surety: Liberty Mutual Insurance Company
Dear Hasmik,
Enclosed please find the above captioned bid bond, executed per your request.
The bid bond must be signed by an authorized representative of your company, notarized and sealed with the corporate seal.
It is your responsibility to ensure the bid bond conforms with your needs and instructions to us, including but not limited to
the correct coverages and parties, and with any laws applicable to your operations and/or lite contract requiring lite bid bond,
and to advise its immediately, in writing, if lite bid bond form so executed does not contain the proper information.
Accordingly, it is incumbent upon you to carefully review the bond, and we will expect that you will, double-check all
information, including signatures, dates, amounts and job descriptions for accuracy, and to verify that the bid bond forst we
oxecuted is the form required by the specification This will avoid the possibility of having a low bid rejected because of a
clerical error. We will also expect you to verify that anything unusual that has been requested by the obligee is attached.
If, following your review of the bond, you do not advise us in writing of any problem of deficiency in its terms and
information but submit the bond as is, your submission will constitute your verification, and we will justifiably assume the
bond form as issued is correct and appropriate for the purpose for which it is being submitted. You fiuther understand that
we will hove no liability for any deficiencies or discrepancies not brought to our attention in accordance with this letter.
The bid bond authorization is based upon your original es(inime. If the actual bid price exceeds this estimate by 10% or
more, you must contact its for additions] autherity!
Please call our office if you should have any questions or need any further assistance.
Good Luck on your Bid.
Sincerely,
Maria Pone,
Account Manager
Your bid results are very important, please nmiI or fax this information back to the address below within 5 days of lire bid
opening.
Contractors Name Contract Price
3,d
Where did YOU place and your price $
If awarded contract, is final bond required? Yes[ ] No[ ]
Allinnt Insurance Services, Inc. • 333 S. Hope Street, Suite 3750 • Los Angeles, CA 90071
ruoxr (213) 443.2440 1 www. alliontinsurance.cpm . License No. OC36861
BID SCHEDULE
Annual Landscape Maintenance LMD Zone 3 Sierra Heights, Zone 5 Sunset Hills,
Zone 6, Canyon Crest and Zone T-31 Shangrj-La
Item Project Site Monthly Total
No. Maintenance Cost Annual cost
1. LMD Zone 3 a) $995.00 xl2mos = b) $11,940.00 /annually
Total bid amount for Zone 3 Sierra Heights annually, in legibly printed words:
2. LMD Zone5 a)$3,650.00 xl2mo5 = b) $43,800.00 /annually
Total bid amount for Zone 5 Sunset Hills annually, in legibly printed words:
3. LIVID Zone 6 a) $1,325.00 x12mos = b) $15,900.00 /annually
Total bid amount for Zone 6 Canyon Crest annually, in legibly printed words:
4. LMD Zone T-31 a) $3,980.00 x12mos = b) $47,760 00 /annually
Total bid amount for Zone T-31 Shangri-La annually, in legibly printed words:
5. ANNUAL TOTAL (add lines 1-4) $ 119.400.00
Total bid amount for items 1, 2, 3, and 4, annually, in legibly printed words:
One hundred nineteen thousand four hundred
Bid 4 LMD•13.14.26 43
LMD ADDITIONAL PRICING (SHEET #1) DO NOT ADD TO TOTAL
Pricing and Billing Schedule Detail
Howdy labor rates to be used in performing the work required in the specifications for annual
landscape maintenance. These rates will not be used in evaluating the bid, but shall be used in
evaluating cost estimates for "additional' or "extra" work requested by the City under this
contract.
Extra/Additional work by the CONTRACTOR, shall not exceed the labor rates as listed below:
Skill Level Hourly cost After hour emergency
Irrigation Laborer $40.00 per hour $65.00 per hour
Landscape Laborer $30.00 per hour $45.00 per hour
QAC/QAL Herbacide and Pesticide Applicator $30.00 per hour N/A
Please note: pricing increase allowance will be according to Consumer Price Index (see
Section A, "Bid Instructions, Item #34)
Please initial to verify acknowledgement of labor rates • —aL unitial)
BW it LM0-13-14-26 44
LMD ADDITIONAL PRICING SHEET #2
Please list the unit price, EXCLUDING part/material costs, for the following tasks. These rates will not be
used In evaluating the bid, but may be used In evaluating cost estimates for additional work requested by
the City under this contract.
91d a LMD-13-14-26 45
EXTENDED
LINE
DESCRIPTION
UNIT OF
UNIT PRICE
QUANTITY
PRICE
MEASURE
(unit price x
quantity)
1
1 square foot
60D sq. fl.
Price for landscaped
$o.a�6
$138.000
median maintenance with
turf.
2
l square foot
$D.288
1000 sq. ft.
$208.000
Price for landscaped
median maintenance for
shrubs and ground cover.
3
1 square foot
$0.070
500 sq. ft.
$ 35, DD
Price for landscaped,
Irrigated slope
maintenance.
4
One gallon
$10.00
(5) Five
$ 50.00
Installation of shrub, one
gallon container.
5
Five gallon
$33.000
(5) Five
$165.000
Installation of shrub, five
gallon container.
5
24 Inch box
(2) Two
Installation of tree • 24
tree
$315.000
$630.000
Inch box container.
7
15 gallon tree
(2) Two
Installation of tree -15
$103.000
$206,000
gallon container
91d a LMD-13-14-26 45
DESIGNATION OF SUBCONTRACTORS
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 6), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13.14.26
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 '% of 1 percent of the prime
contractor's total bid: DBE status age of firm certifyinp anencv and annual gross re elnts are
required if sub contractor Is aarticloatina as a DBE. The form MUST be returned with bid, filled In or
annotated with "No Subcontractors' if none will be used.
Subcontractor
N/A
Ago of firm:
DBE STATUS:
Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
LBI.I.Sc,hedia,lc item Nos:
Description of Work
Bid Schedule Item Nos:
Description of Wort:
Phone ( )
License No.
Exp. Date: / /
Phone ( )
Subcontractor
N/A
-Age of frm:
DBE STATUS:
Certifying Agency:____
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
LBI.I.Sc,hedia,lc item Nos:
Description of Work
Bid Schedule item Nos:
Description of Work
Phone ( )
License No.
Exp. Date:
actor
N/A
rm:
F
DBE STATUS: Dollar Value ofWork
Cerli in A enc : Annual Gross Recei ts:
and Place of Business
LBI.I.Sc,hedia,lc item Nos:
Description of Work
nsN
Exp. Dale: / /
Phone ( )
Bld U LMD-13-14 26 46
DESIGNATION OF SUBCONTRACTORS
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14.26
City of Santa Clarita, California
Subcontractor
N/A
Age of firm:
DBE STATUS:
CertifyingA enc :
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Description of Work
License No.
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / !
Phone ( )
Subcontractor N/A DBE STATUS:
A e of fine: Certs in Agency:
Dollar Value of Wot1
Annual Gross Receipts.
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
Subcontractor
Age of finn:
DBE STATUS:
Certs in Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
Subcontractor
N/A
Age of firm;
DBE STATUS:
Certifying A enc :
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.I
Exp. Date: 1 !
Phone { )
Bid # LM0.13-14-26 47
REFERENCES
ANNUAL LANDSCAPE MAINTENANCE FOR:!C-RRA HEIGHTS (ZONE 3), SUNSET HILLS
(ZONE 5), CANYON CREST (ZONI 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for
which BIDDER has performed work of a similar scope and size within the past 3 years:
1 City of Santa Clarita 23920 Valencia Blvd Suite 300 Santa Clarita CA 91355
Name and Address of Owner / Agency
Jason La Riva 661-286-4093
Name and Telephone Number of Person Familiar with Project
$1,463,776,29 Irrigation 06/08/2013
Contract Amount Type of Work Date Completed
2 Jet Propulsion Laboratory 4800 Oak Grove Drive Pasadena CA 91109
Name and Address of Owner / Agency
Carlos Villarreal 818-354-0325
Name and Telephone Number of Person Familiar with Project
$1,237,608.00 Monthly Landscape Maintenance Services Current
Contract Amount Type of Work Date Completed
3 City of Duarte 1600 Hunington Drive Duarte CA 91010-2592
Name and Address of Owner / Agency
Troy I9iitenbrook 626-357-7931
Name and Telephone Number of Person Familiar with Project
$261,672.84 Monthly Landscape Maintenance Services Current
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
Bid # 1 -MO -1314-28
48
Exhibit A
Violation Records
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 bid at
this time.) 2013
2) In the year of 2010, what was the longest stretch of days worked without an
accident in the landscape maintenance division?
75
a.
3) Please provide any sustained complaints made to your company within the
past four (4) years to Cal -OSHA.
NIA
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
C-27 license.
a. NIA
Bid N LMD-13-14-26 49
EXHIBIT B
Provide information on the certified arborist, chemical applicator, irrigation specialist, crew
foreman, including name, certification and whether staff or subcontractor.
Staff
t) Eric 14. Santos Certification IDA 22338 CATS, CGIA,CIC, CID,CLI14,CLC71•f EXp.12/31/2013
2) Rene A. Rivera Certificate A IVE-9328A Certified Arborist Exp. 12/31/2013
3) Charles L Parker QAL A 130930 Exp. 12/31/2015
4) Delgado, Jose M - Crew Foreman
5)
6)
7)
6)
9)
Bid # LMD-13-14-28 50
ADDENDUM ##1
For,
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
October 3, 2013
This addendum must be Included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number Is (661) 286.4186.
The correct due date for this bid is before 49:00 AM, on Friday, October 25°r, 2013.
(NOT 90/18/93).
1�,� 10/24/2013
Rene A. Rivera
Contractor's representative Date
ValleyCrest Landscape Maintenance, Inc
Company Name
Bid N rMD-13-14-26,ADD1
ADDENDUM #2
For
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14-26
October 9, 2013
This addendum must be Included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number is (661) 286.4186.
On October 7, 2013, there was a pre-bid meeting for bid LMD-13-14-26.
The following City staff were in attendance:
• Jason La Riva, Project Development Coordinator (Project Manager)
• Mary Alice Boxall, Labor Compliance Specialist
• Jennifer Killian, Buyer
The following vendors were In attendance:
Oak Springs, JL Arrendondo
Stay Green, Grant Clack
ValleyCrest, Andrew Sanders
Labor compliance was addressed and the following bid Items were covered:
1. Bid Instructions
2, Administrative Specifications
a. Term
b. Mulch
c. Experience
d. Brush Clearance
3. Labor Requirement
4. Company Identification
5. Contractor accepts condition "as is"
6. Work Hours
7. Brush Clearance
a. Turf
9. Irrigation Controllers (auto mode)
10. Mulch
11. General Clean Up
12. Water Management
13. Color (annuals)
Bid Q I.MD-0-14.26,ADD2
14. Materials are billable at no more than 15% mark tip
15. Contractor shall be responsible for knowledge and experience with industry
standard irrigation controllers to include but riot limited to:
a. Calsense
b. WeatherTrak
c. Rain Bird
d. Rainmaster
e. LEIT
f. Superior
g. Hunter
16. Zone 3 access gate is locked. The City of Santa Clarita will make arrangements to
allow access, update to follow.
17. M LMD zone 7-31 Shangri La, the small median approx 75 feet north of Soledad
Canyon Rd. is part of the maintenance area for Zone T-31.
i6 v --- 10/24/2013
Contractor's representative Date
Rene A. Rivera
ValleyCresL Landscape blainLenance, Inc
Company Name
Bid N LMD- 13-14-20ADD2
ADDENDUM #3
For
City of Santa Clarita Request for Quote
ANNUAL LANDSCAPE MAINTENANCE FOR SIERRA HEIGHTS (ZONE 3), SUNSET
HILLS (ZONE 5), CANYON CREST (ZONE 6) & SHANGRI-LA (ZONE T-31)
LMD-13-14.26
October 24 2013
This addendum must be Included with the bid response. If you have already submitted a bid you
must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must
also contact Purchasing by fax and request the bid be returned. The fax number is (661) 286.4186.
On October 7, 2013, there were (2) questions that were sent In but an error was made and
they did not make it into the addendum. Due to this Issue, we are answering the
questions now and extending the due date,
The NEW DUE DATE of this bid Is Tuesday, October 29ei before 11.00 AM
Who is the current contractor for this Contract?
2. What is the current annual fee?
Answers for Questions 1 and 2 -
Zone 3 - Oakridge $24,590.86
Zone 5 - Stay Green $71,164.00
Zone 6 - Stay Green $46,440.00
Zone T31 -Four Seasons $88,556.16
10/24/2013
Contractor's representative Date
ValleyCrest Landscape Maintenance, Inc
Company Name
Bid # LMD-13-14.26,ADD3
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
VALLEY CREST LANDSCAPE MAINTENANCE, INC.
Contract No. 13-00439
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of
20_, by and between the CITY OF SANTA CLARTTA, a general law city and
municipal corporation ("CITY") and VALLEY CREST LANDSCAPE MAINTENANCE, INC., a
California Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONTRAC70R and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR on a monthly
basis an amount set forth in the attached Exhibit "B," 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 January 1, 2014, to December 31, 2015.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit "A."
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required of
CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. If required by
§§ 1720 (as
CONTRACTO
Rapplicable state law including,
amended by AB 975 (2001)),
must pay its workers prevailing
without limitation Labor Code
1771, 1774, 1775, and 1776,
wages. It is CONTRACTOR's
Revixd 8/2011 Page I of 7
responsibility to interpret and implement any prevailing wage requirements and
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing
Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing
rate of per diem wages must be posted at the job site.
B. If this contract is subject to state prevailing wage requirements of the California
Labor Code including Sections 1770 and 1773, and the City's California
Department of Industrial Relations (DIR) approved Labor Compliance Program.
All covered work classifications required in performance of this contract will be
subject to prevailing wage provisions. The Contractors and its subcontractors shall
pay not less than the state wage rates. Contractor shall further adhere to the
requirements contained in the City of Santa Clarita's Labor Compliance Program.
A copy of the Labor Compliance Program is available for review upon request at
the Office of the City Clerk. All pertinent state statues and regulations, including,
but not limited to those referred to in this contract and in the City's Labor
Compliance Program, are incorporated herein as though set forth in their entirety.
Additionally, the Contractor is responsible for obtaining a current edition of all
applicable state statues and regulations and adhering to the latest editions of such.
C. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (1-9). The Contractor
shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is
not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has:
i. Thoroughly investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
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B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by City from time to time. Insurance must
be placed with insurers with a current A.M. Best Company Rating equivalent to at
least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide
thirty (30) day notice of any cancellation of coverage. CONTRACTOR will
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
Revised 812011 Page 3 of 7
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 penalt.
F. 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.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of
the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or
should any claim be brought against it by suit or otherwise, arising out of performance by
CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend
CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or costs incurred in defense
otherwise.
Revised 812011 Page 4 of 7
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR
will act as an independent contractor and will have control of all work and the manner in which is
it performed. CONTRACTOR will be free to contract for similar service to be performed for
other employers while under contract with CITY. CONTRACTOR is not an agent or employee of
CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
CITY provides for its employees. Any provision in this Agreement that may appear to give CITY
the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of
control over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail will
be addressed as follows:
To CITY: City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR: Valley Crest Landscape Maintenance, Inc.
13691 Vaughn Street
San Fernando, CA 91340
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or against
either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
Revised 8/2011 Page 5 of 7
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon
approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon
CITY until executed by the City Manager. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written agreement.
CITY's City Manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACS11AILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the same
effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. 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.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting landscape maintenance. To the extent
that there are additional terms and conditions contained in Exhibit "A & B" that are not in conflict
with this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, Cl TY's conflict of interest regulations.
Revised 812011 Page 6 of 7
(SIGNATURES ON NEXT PAGE)
Revised 8/2011 Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first hereinabove written.
FOR CONTRACTOR:
m
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 812011 Page 8 of 7