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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 Daily - Weekly - Month & _,_,ems 56 BEEN ! ! k } ) � U111111 3 | ) UNION ! , U1111111 | ISE 1 `k ! , �) ; « � f k t | 0 « !!« ! ! ! f f al����� U1111111 t | Z k`2 ! ! ! ! ; 91111111 ! ! all���� 3 ! | ! ! 78 U111111 | � f ! |!!f|I! _,_,ems 56 BEEN U111111 UNION U1111111 U1111111 U1111111 al����� U1111111 91111111 all���� U111111 _,_,ems 56 EXHIBIT El Specialized Maintenance Program Reference Guide Semi-annual and Annual (For reference only: actual maintenance schedules shall comply with maintenance specifications.) Elm 1111111111 a 11 11111101 E ■I11IYII11I1 UN 11M1111111 911111111 1 911110101111 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 Leamw L%M PMs 0 P.B w � p. PercNOrXAres 6WDBmd� Lm.w NarvinigeW Land.=ue �BtlepmelSMaG 4u" �EremenlTW C.M. 12- Z k5 0 63 o S sbyL�h 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 • Foot LgM1n pe` • Lght Poles 1 '� Pas. Orbpe % 'l.. Pazeos Pa OUYin•a ®lND Boundary / .. _, ,,. NnOaled Landscape �41> Weed abanmaro and Trees /� '„T_i Rre CWrance Easement Shmb Shnab / SdePanel Shmb EaemeM Shmb (Nm irriQaled) Eczema turf MMian Tod Median C.. 'c pe` PaTway 1 '� �UMemass % wam.ss hgaan 64 EXHIBIT G ZONE 6 MAP " MIA (:1.4HI'1:4 ! LIVID Zone 6 r LANDSCAPES, PASEO LIGHTPOLES, j.. ... l & FOOTLIGHTS a Leam _- I Fom Wnn jj Light P P m8'.rNpe "!.P eos PQM 0...— r �� \ I � ee i ®LMD BeurMary ..l Lana o-Oj+inar T •p ry.n+nie. L- taa Lanascepe eneaMmeni antl rhes ?F CYa— t� <� 1 . 'w.� �� .w�. �Eaep p 1 i 1 /.. Sh M blNao-iMgatM) Po'4�s.E nlr n Tu EXHIBIT G ZONE T31 MAP oll`� ""�SANIA (LARYIA LIVID Zone T31 LANDSCAPES, PASEO LIGHTPOLES, & FOOTLIGHTS Laa.ia LOM PW. y` J P..eue,tly. 7 " I Pazeo Pmcef 6LMD Bewtl.ry IniBatttl Lantlaupe Nan4mgat eLane:cax Kq ween ae.m,„eni ane P�2 naa,a,� E..mem se,w M.e snob Sift,l serve E..—. snob INu+inq.i.e� � Easemam TM Me nTw me, Cmw.l. P. .y 40 UMegas Overyass e LJ. rrnru�.. �rruw.aa'. 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. Revised 812011 Page 2 of 7 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