Agenda packet, first session — Chino City Council, June 7, 2022 (part 3 of 4)

State of California )
County of San Bernardino ) ss
City of Chino )

I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was fully adopted by the City Council at a regular meeting held on the 7th day of June 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_______________________________

ANGELA ROBLES, CITY CLERK

Attachment: Exhibit “A” – Appendix II of the Chino Municipal Code

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EXHIBIT A

Appendix II - COMPREHENSIVE SPEED ZONE RESOLUTION

A. It is determined and declared that on the following designated streets a maximum speed of twenty-five (25) miles per hour is established:
• East Preserve Loop, from Main Street to Pine Avenue;
• Main Street, from Kimball Avenue to Southerly Terminus; • Meadowhouse Avenue, from Bickmore Avenue to Pine Avenue; • Oaks Avenue, from Edison Avenue to College Park Avenue; • Rancho Del Chino Avenue-Alvardo Street, from Schaefer Avenue to San Antonio Avenue; • Rancho Del Chino Avenue-Edam Street, from North end to San Antonio Avenue.

B. It is determined and declared that on the following designated streets a maximum speed of thirty (30) miles per hour is established:
• Academy Street, from East Preserve Loop to Discovery Park Avenue; • Albers Way, from Edison Avenue to Southerly terminus; • Avila Avenue- Alvardo Street, from San Antonio Avenue to Schaefer Avenue; • Avila Avenue- Edam Street, from Schaefer Avenue to San Antonio Avenue; • Cypress Avenue (East-West), from Mountain Avenue to Cypress Avenue (North-South); • Discovery Park Avenue, from Legacy Park Avenue to Market Street; • East Preserve Loop, from Pine Avenue to Southerly terminus; • Market Street, from Discovery Park Avenue to Hellman Avenue; • Mill Creek Avenue, from Bickmore Avenue to Pine Avenue; • Norton Avenue, from Riverside Drive to Chino Avenue;
• Norton Avenue, from Chino Avenue to Schaefer Avenue;
• Park Place, from Tenth Street to Benson Avenue;
• Purdue Avenue, from Eucalyptus Avenue to Clemson Street; • Redwood Avenue, from Schaefer Avenue to Daniels Street; • Rincon Meadows Avenue, from Bickmore Avenue to Pine Avenue; • Telephone Avenue, from Walnut to Riverside Drive;
• Tronkeel Avenue, from Benson Avenue to Oaks Avenue;

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• West Preserve Loop, from Main Street to Bickmore Avenue; • Twelfth Street, from Daniels Street to Edison Avenue.

C. It is determined and declared that on the following designated streets a maximum speed of thirty-five (35) miles per hour is established:
• Amsterdam Avenue, from Schaefer Avenue to Dalton Street; • Appalachian Street, from Eucalyptus Street to Marquette Avenue; • Benson Avenue, from Philadelphia Street to Walnut Avenue; • Benson Avenue, from Walnut Avenue to Chino Avenue;
• Benson Avenue, from Schaefer Avenue to Southerly terminus; • Bickmore Avenue, from Rincon Meadows Avenue to West Preserve Loop; • Bickmore Avenue, from Huckleberry Avenue to Hellman Avenue; • Central Avenue, from Philadelphia Street to Walnut Avenue; • Central Avenue, from Walnut Avenue to Riverside Avenue; • Central Avenue, from Riverside Avenue to Chino Avenue; • Chaffey Street, from Eucalyptus Avenue to Marquette Avenue; • Chino Avenue, from SR-71/West City Limit to Monte Vista Avenue; • Chino Avenue, from Monte Vista Avenue to Benson Avenue; • Clemson Street, from Elmhurst Avenue to Purdue Avenue; • County Road, from West City Limit to East End Avenue; • Cypress Avenue North-South, from Kimball Avenue to Cypress Avenue East-West • Daniels Street, from Redwood Avenue to Benson Avenue; • Elmhurst Avenue, from Vanderbilt Avenue to Clemson Street; • Fern Avenue, from St. Andrews Street to Riverside Avenue; • Fern Avenue, from Riverside Avenue to Chino Avenue;
• Fern Avenue, from Kimball Avenue to Pine Avenue;
• Francis Avenue, from West City Limit to Central Avenue; • Francis Avenue, from Central Avenue to Benson Avenue; • Grand Avenue, from West City limit/SR-71 to Pipeline Avenue; • Hellman Avenue; from Merrill Avenue to Kimball Avenue; • Magnolia Avenue, from Walnut Avenue to Chino Avenue;
• Magnolia Avenue, from Chino Avenue to Schaefer Avenue;

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• Magnolia Avenue, from Schaefer Avenue to Edison Avenue; • Marquette Avenue, from Chaffey Avenue to Appalachian Street; • Mill Creek Avenue, from Kimball Avenue to Bickmore Avenue; • Monte Vista Avenue, from Francis Avenue to Philadelphia Street; • Monte Vista Avenue, from Philadelphia Street to Riverside Drive; • Monte Vista Avenue, from Riverside Drive to Chino Avenue; • Mountain Avenue, from Edison Avenue to Eucalyptus Avenue; • Norton Avenue, from North City Limit to Philadelphia Avenue; • Norton Avenue, from Schaefer Avenue to Edison Avenue; • Philadelphia Street, from L.A County Line/West City Limit to Ramona Avenue; • Philadelphia Street, from Ramona Avenue to Central Avenue; • Philadelphia Street, from Central Avenue to East City Limit; • Phillips Boulevard, from West City Limit to Benson Avenue; • Pipeline Avenue, from Eucalyptus Avenue (South) to South City Limits; • Pomona Rincon Road, from Pine Avenue to Euclid Avenue; • Ramona Avenue, from North City Limit to SR-60;
• Ramona Avenue, from SR-60 to Riverside Drive;
• Remington Avenue, from Flight Avenue to East City Limit; • Reservoir Street, from North City Limit to Riverside Drive; • Riverside Drive, from Ramona Avenue to Monte Vista Avenue; • Riverside Drive, from Monte Vista Avenue to Central Avenue; • Riverside Drive, from Central Avenue to Benson Avenue; • Riverside Drive, from Benson Avenue to Oaks Avenue;
• Roswell Avenue, from Philadelphia Street to SR-60;
• Roswell Avenue, from SR-60 to s/o Walnut Avenue;
• Roswell Avenue, from Schaefer Avenue to Grand Avenue; • San Antonio Avenue, from Edison Avenue to Eucalyptus Avenue; • San Antonio Avenue, from Kimball Avenue to Bickmore Avenue; • Satterfield Way, from Eucalyptus Avenue to Mountain Avenue; • Telephone Avenue, from Francis Avenue to Philadelphia Street;

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• Telephone Avenue, from Edison Avenue to Eucalyptus Avenue; • Walnut Avenue, from West City Limit to Pipeline Avenue; • Walnut Avenue, from Pipeline Avenue to Ramona Avenue; • Walnut Avenue, from Ramona Avenue to Central Avenue;
• Walnut Avenue, from Central Avenue to Benson Avenue;
• Walnut Avenue, from Benson Avenue to Mountain Avenue; • Walnut Avenue, from Mountain Avenue to Fern Avenue;
• West Preserve Loop, from Bickmore Avenue to Pine Avenue; • Yorba Avenue, from Francis Avenue to Philadelphia Street; • Yorba Avenue, from Walnut Avenue to Riverside Drive;
• Yorba Avenue, from Riverside Drive to Chino Avenue;
• Yorba Avenue, from Chino Avenue to Schaefer Avenue;
• Yorba Avenue, from Schaefer Avenue to Southerly Terminus.

D. It is determine d and declared that on the following designated streets a maximum speed of forty (40) miles per hour is established:
• Benson Avenue, from Phillips Boulevard to Philadelphia Street; • Benson Avenue, from Chino Avenue to Schaefer Avenue;
• Bickmore Avenue, from Mountain Avenue to Euclid Avenue; • Bickmore Avenue, from Euclid Avenue to Rincon Meadows Avenue; • Carpenter Avenue, from Merrill Avenue to Remington Avenue; • Central Avenue, from Phillips Boulevard to Philadelphia Street; • Central Avenue, from Chino Avenue to Edison Avenue;
• Chino Avenue, from Pipeline Avenue to Monte Vista Avenue; • Chino Avenue, from Benson Avenue to Mountain Avenue;
• Chino Avenue, from Mountain Avenue to Euclid Avenue;
• Chino-Corona Road East-West, from Chino-Corona Road North-South to Legacy Park Street; • Chino Hills Parkway, from SR-71/West City Limit to Monte Vista Avenue; • Chino Hills Parkway, from Monte Vista Avenue to Central Avenue; • College Park Avenue, from Central Avenue to Oaks Avenue; • East End Avenue, from Philadelphia Street to Riverside Avenue; • East End Avenue, from Chino Avenue to Schaefer Avenue;

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• Edison Avenue, from Pipeline Avenue to Ramona Avenue; • Edison Avenue, from Ramona Avenue to Central Avenue;
• Eucalyptus Avenue, from West City Limit to Pipeline Avenue; • Eucalyptus Avenue, from Pipeline Avenue to Ramona Avenue; • Eucalyptus Avenue, from Ramona Avenue to Central Avenue; • Eucalyptus Avenue, from Oaks Avenue to Mountain Avenue; • Eucalyptus Avenue, from Mountain Avenue to Euclid Avenue; • Fern Avenue, from Chino Avenue to Schaefer Avenue;
• Fern Avenue, from Schaefer Avenue to Edison Avenue;
• Fern Avenue, from Edison Avenue to Eucalyptus Avenue; • Legacy Park Street, from East Preserve Loop to Hellman Avenue; • Monte Vista Avenue, from Chino Avenue to Schaefer Avenue; • Monte Vista Avenue, from Schaefer Avenue to Chino Hills Parkway; • Mountain Avenue, from Bickmore Avenue to El Prado Road; • Pipeline Avenue, from North City Limit to Riverside Drive; • Pipeline Avenue, from Riverside Drive to Chino Avenue; • Pipeline Avenue, from Chino Avenue to Schaefer Avenue; • Pipeline Avenue, from Schaefer Avenue to Eucalyptus Avenue (South); • Ramona Avenue, from Riverside Drive to Chino Avenue;
• Ramona Avenue, from Chino Avenue to Schaefer Avenue;
• Ramona Avenue, from Schaefer Avenue to Chino Hills Parkway; • Riverside Drive, from West City Limit to Pipeline Avenue; • Riverside Drive, from Pipeline Avenue to Ramona Avenue; • Riverside Drive, from Oaks Avenue to Mountain Avenue; • Riverside Drive, from Mountain Avenue to Euclid Avenue; • San Antonio Avenue, from North City Limit to Walnut Avenue; • Schaefer Avenue, from East End Avenue to Pipeline Avenue; • Schaefer Avenue, from Pipeline Avenue to Central Avenue; • Schaefer Avenue, from Central Avenue to Mountain Avenue; • Schaefer Avenue, from Mountain Avenue to Euclid Avenue.

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E. It is determined and declared that on the following designated streets a maximum speed of forty-five (45) miles per hour is established:
• Central Avenue, from Edison Avenue to El Prado Road;
• Central Avenue, from El Prado Road to South City Limit; • Chino-Corona Road North-South, from Pine Avenue to Chino-Corona Road East-West; • Edison Avenue, from Central Avenue to Cypress Avenue; • Edison Avenue, from Cypress Avenue to Euclid Avenue;
• El Prado Road, from Central Avenue to Kimball Avenue; • Flight Avenue, from Merrill Avenue to Kimball Avenue; • Hellman Avenue, from Legacy Park Street to South City Limits; • Kimball Avenue, from El Prado Road to Mountain Avenue; • Kimball Avenue, from Mountain Avenue to Euclid Avenue; • Kimball Avenue, from Euclid to Rincon Meadows Avenue; • Kimball Avenue, from Rincon Meadows Avenue to Main Street; • Mountain Avenue, from North City Limit to Walnut Avenue; • Mountain Avenue, from Walnut Avenue to Chino Avenue;
• Mountain Avenue, from Chino Avenue to Schaefer Avenue; • Mountain Avenue, from Schaefer Avenue to Edison Avenue; • Mountain Avenue, from Kimball Avenue to Bickmore Avenue; • Pine Avenue, from El Prado Road to Fern Avenue;
• Pine Avenue, from Fern Avenue to Euclid Avenue;
• Pine Avenue, from Euclid Avenue to Meadowhouse Avenue; • Rincon Meadows Avenue, from Kimball Avenue to Bickmore Avenue; • Van Vliet Avenue from, Merrill Avenue to Remington Avenue.

F. It is determined and declared that on the following designated streets a maximum speed of fifty (50) miles per hour is established:
• El Prado Road, from Kimball Avenue to Pine Avenue;
• Hellman Avenue, from Kimball Avenue to Legacy Park Street; • Kimball Avenue, from Main Street to Hellman Avenue;
• Merrill Avenue, from Euclid Avenue to Grove Avenue;
• Merrill Avenue, from Grove Avenue to East City Limit;

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• Pine Avenue, from Meadowhouse Avenue to West Preserve Loop; • Pine Avenue, from West Preserve Loop to Hellman Avenue. (Res. 2007-014: Res. 2004-005, 2004: Res. 2003-60, 2003: Res. 2002-64, 2002: Res. 96-83, 1996: Res. 94-61, 1994: Res. 94-25, 1994: Res. 92-84, 1992: Res. 92-19, 1992:Ord. 91-23 § 2, 1991: Res. 91-62, 1991: Res. 90-49, 1990: Res. 90-31, 1990: Res. 87-52, 1987: Res. 83-26, 1983: Res. 82-39, 1982: Res. 80-62, 1980; Res. No. 2011-36, § 3(exh. A), 2011; Ord. 2018-035, § 2(exh. A), 2018.)

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Revenue: Expenditure: 32071201, 3207140, 5207300-43580

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 7, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACTS FOR STREET MAINTENANCE SERVICES.

RECOMMENDATION
1) Award a Contract to J&S Striping Company, Inc., Ontario, CA, for Street Striping and Pavement Marking Services Maintenance in the amount of $312,569.05; 2) approve expenditures of $80,000.00 for extraordinary work for a potential contract amo unt not-to-exceed $392,569.05; 3) award a Contract to Hardy & Harper, Inc., Lake Forest, CA for As -Needed Asphalt Pavement Removal and Repair/Replacement Services in the amount of $418,100.00; 4) approve expenditures of $100,000.00 for extraordinary work for a potential contract amount not- to-exceed $518,100.00; and 5) authorize the interim City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the proposed FY2022-2023 Operating Budget. Funds a re contingent upon City Council approval and adoption of City Budget for FY2022-2023, scheduled on June 21, 2022.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: JUNE 7, 2022
SUBJECT: AWARD OF CONTRACTS FOR STREET MAINTENANCE SERVICES PAGE 2

BACKGROUND
The City of Chino’s Public Works Department oversees and manages numerous functional areas including city -wide maintenance, capital improvements and associated services. Staff is able to effectively execute necessary services and programs by contr acting with a variety of service providers who supplement the efforts of staff. These agreements are typically awarded and approved with not-to-exceed amounts based on projected need for either one or three year terms, extendable for additional periods of time. Each fiscal year these contracts are amended and approved for renewal, as necessary, by the City Council through an annual staff report prepared by the Finance Department. When a given agreement exhausts all contractually allowable extensions, the ap plicable services are advertised for solicitation via an invitation for bids or request for proposal.

The Public Works Services Division oversees the maintenance of all City maintained streets which includes asphalt repairs and street striping throughout the City. Providing these maintenance services ensures the City’s streets are maintained appropriately. This not only enhances the overall aesthetics of the City, but it also improves the safety and quality of life for our residents who utilize our roadways on a daily basis.

The City’s current street striping contractor is J&S Striping Company, Inc. The current asphalt repair contractor is Hardy & Harper, Inc. Each of these agreements have exercised all extensions and both agreements are set to expire on June 30, 2022.

ISSUES/ANALYSIS
In conjunction with City purchasing staff, the Public Works Department prepared two (2) Notices Inviting Bids for Street Striping and Pavement Marking Services Maintenance, and As -Needed Asphalt Pavement Removal and Repair/Replacement Services. These procurement efforts were undertaken in the spring to ensure that awards would be made prior to June 30 th, 2022, when the current contracts are set to fully expire.

On March 22, 2022, the City formally released two (2) Notice Invitin g Bids for street striping and asphalt repair services, which were published in the Chino Champion and on PlanetBids. On April 12, 2022, the City received bids for both Notice Inviting Bids.

Street Striping & Pavement Marking Services:

Four (4) bids were received with the following results:

Company Location Bid Amount
J&S Striping Company, Inc. Ontario $312,569.05
Superior Pavement Markings, Inc. Cypress $408,661.25
Chrisp Company Bloomington $508,894.46
Safe USA, Inc. Ontario $1,078,600.00

The bid amounts above reflect overall bid values, which were used to evaluate cost; however, the actual award amounts are based on the estimated needs for projected services.

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COUNCIL MEETING DATE: JUNE 7, 2022
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As-Needed Asphalt Pavement Removal & Repair/Replacement Services:

Two (2) bids were received with the following results:

Company Location Bid Amount
Hardy & Harper, Inc. Lake Forest $418,100.00
Onyx Paving Company, Inc. Anaheim $888,000.00

The bid amounts above reflect overall bid values, which were used to evaluate cost; however, the actual award amounts are based on the estimated needs for projected repairs.

It should be noted that the As -Needed Asphalt Pavement Removal & Repair/Replacement Service contract will be utilized by both the Public Works Services Division and the Water Utilities Division.

The Public Works and Finance departments have thoroughly reviewed and evaluated all of the subject bids responsive to the City’s solicitations for street maintenance services and determined that the awards recommended are appropriate.

The initial agreement term for each contract will expire on June 30, 2025, with the option for the City to extend the contract for two (2) additional one -year periods. The extended initial term of the contract allows the City to lock in the unit prices (bid amou nts) over the life of the contract resulting in potential savings toward future expenditures. Contractual expenditures for Fiscal Year 2023 -24 and 2024 -25 will be accounted for in future fiscal year budget cycles to accommodate annual renewal.

Therefore, staff recommends that the City Council award a contract to J&S Striping Company, Inc., for Street Striping and Pavement Marking Services Maintenance in the amount of $312,569.05, along with expenditures of $80,000.00 for extraordinary work for a potential contact amount not -to-exceed $392,569.05. Staff further recommends that the City Council award a contract to Hardy & Harper, Inc., for As -Needed Asphalt Pavement Removal and Repair/Replacement Services in the amount of $418,100.00, along with expenditures o f $100,000.00 for a potential contract amount not-to-exceed $518,100.00.

Attachments: Contract - J&S Striping Company, Inc.

Contract - Hardy & Harper, Inc.

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Contract No.:

Approved:

AGREEMENT

STREET STRIPING AND PAVEMENT MARKING SERVICES

IFB# 20227008

THIS AGREEMENT is made and entered into this 1st day of July, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and J & S Striping Company, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project Street Striping and Pavement Marking Services, IFB# 20227008 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Hundred Twelve Thousand Five Hundred Sixty -Nine Dollars and Five Cents ($312,569.05) for completion of the contract work. In addition, City may, but is not required to, pay to Contractor a sum not to exceed Eighty Thousand Dollars and Zero Cents ($80,000.00) for unanticipated work approved in writing by the City for a total contract amount not-to-exceed Three Hundred Ninety-Two Thousand Five Hundred Sixty-Nine Dollars and Five Cents ($392,569.05).

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and each task requested by the City shall be completed within Ninety (90) working days upon request. If each requested task is not completed within said time period, liquidated damages shall apply. This Agreement shall expire by June 30, 2025, unless the City exercises its option to renew for two (2) additional one (1) year terms.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”)

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are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpre ted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitut e a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

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ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works Department

J & S STRIPING COMPANY, INC.:

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Anthony Arroyo, Interim City Manager

ATTEST:

Angela Robles, City Clerk

Date

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Contract No.:

Approved:

AGREEMENT

AS-NEEDED ASPHALT PAVEMENT REMOVAL AND REPAIR/REPLACEMENT SERVICES

THIS AGREEMENT is made and entered into this 1st day of July, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Hardy & Harper, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project As-Needed Asphalt Pavement Removal and Repair/Replacement Services in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Four Hundred Eighteen Thousand One Hundred Dollars and Zero Cents and ($418,100.00) for completion of the contract work. In addition, City may, but is not required to, pay to Contractor a sum not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) for unanticipated work approved in writing by the City for a total contract amount not -to-exceed Five Hundred Eighteen Thousand One Hundred Dollars and Zero Cents ($518,100.00).

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed by June 30, 2023. If the work is not completed within said time period, liquidated damages shall apply. This Agreement may be renewed by a written amendment for four (4) additional one (1) year terms at the option of the City if the City is satisfied with the quality of services performed by Contactor under this agreement.

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Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to v alidity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

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[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form:

Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works Department

HARDY & HARPER, INC.:

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Anthony Arroyo, Interim City Manager

ATTEST:

Angela Robles, City Clerk

Date

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Expenditure: 3607220; 3607210; 5407350; 3607260; 36172601; 36172602; 36172603, 36172604; 36172606, 36172607 – 43580

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 7, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES.

RECOMMENDATION
1) Award an agreement for services to Landscape West Management Services, Inc., Anaheim, CA, for Public Parks and Facilities Landscape Maintenance Services in the amount of $816,323.66; 2) approve expenditures of $100,000.00 for extraordinary work for a potential annual agreement amount not -to-exceed $916,323.66; 3) award an agreement for services to Merchants Landscape Services, Inc., Rancho Cucamonga, CA, for Landscape Maintenance for Maintenance Districts and Magnolia Channel in the amount of $607,207.49; 4) approve expenditures of $100,000.00 for extraordinary work for a potential annual agreement amount not-to-exceed $707,207.49; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the proposed FY2022-2023 Operating Budget. Funds are contingent upon City Council approval and adoption of the City Budget for FY2022 -2023, scheduled on June 21, 2022.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Responsible Long-Range Planning

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BACKGROUND
The City of Chino’s Public Works department oversees and manages numerous functional areas including city-wide maintenance, capital improvements and associated services. Staff can effectively execute necessary services and programs by contracting with a variety of service providers who supplement the efforts of staff. These agreements are typically awarded and approved with not -to-exceed amounts based on projected n eed for either one - or three -year terms, extendable for additional periods of time. Each fiscal year these contracts are amended and approved for renewal, as necessary, by the City Council through an annual staff report prepared by the Finance Department. When a given agreement exhausts all contractually allowable extensions, the applicable services are advertised for solicitation via an invitation for bids or request for proposal.

The Public Works Services Division oversees the landscape maintenance of al l city maintained parks and facilities, along with maintenance district areas throughout the City. Providing these maintenance services ensures the City’s parks, facilities, parkways, and other landscaped areas are maintained appropriately. This not only e nhances the overall aesthetics of the city, but it also improves the quality of life for our residents who enjoy our parks, facilities, parkways, and landscaped areas.

The City’s current landscape contractor for parks and facilities is CLS Landscape Manag ement, Inc. The current landscape contractor for the maintenance districts is Merchants Landscape Services, Inc. Each of these agreements had a three year-term with the option to extend for two (2) additional one -year periods. All extensions have been exer cised and both agreements are set to expire on June 30, 2022.

ISSUES/ANALYSIS
In conjunction with City purchasing staff, the Public Works Department prepared two (2) Requests for Proposals (RFP’s) for Public Parks and Facilities Landscape Maintenance Services, and Landscape Maintenance for Maintenance Districts and Magnolia Channel. These procurement efforts were undertaken in the spring to ensure that awards would be made prior to June 30, 2022, when the current contracts are set to fully expire.

On March 17, 2022, the City formally released two (2) Requests for Proposals (RFP’s) on PlanetBids for Public Parks and Facilities Landscape Maintenance Services, and Landscape Maintenance for Maintenance Districts and Magnolia Channel. On April 5, 2022, the City received proposals for both RFP’s. Staff conducted a thorough review and evaluation of the submitted proposals according to the evaluation criteria outlined in each RFP and ranked them accordingly.

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Landscape Maintenance Services - Public Parks & Facilities:

Six (6) proposals were received and the top three (3) were interviewed by staff. The rankings are as follows:

COMPANY LOCATION RATING
SCORE
COST
Landscape West Management
Services, Inc.

Anaheim 90% $816,323.66
Priority Landscape Services,
LLC.

Anaheim 83% $1,067,249.00
CLS Landscape Management
Inc.

Montclair 81% $953,594.76
Merchants Landscape Services
Inc.

Rancho Cucamonga 80% $976,981.00
Orozco Landscape and Tree
Company
Pomona 77% $953,106.74
Master Landscape &,
Maintenance, Inc.

Westminster 59% $546,090.03

It should be noted that Master Landscape & Maintenance, Inc., Westminster, CA, scored below 75% overall which eliminates them from consideration according to the evaluation criteria outlined in the RFP.

Landscape Maintenance Services- Maintenance Districts & Magnolia Channel:

Two (2) proposals were received. The rankings are as follows:

COMPANY LOCATION RATING
SCORE
COST
Merchants Landscape Services,
Inc.

Rancho Cucamonga 85% $607,207.49
Priority Landscape Services,
LLC.

Anaheim 78% $800,225.00

This contractor will also perform landscape maintenance services within parts of the Magnolia Channel near the College Park area as specified in the scope of work and fee schedule. The cost above includes this work.

The proposal amounts above for each RFP reflect overall proposal values, which were used to evaluate cost; however, the actual award amounts are based on the estimated needs for

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projected services.

The Public Works and Finance departments have thoroughly reviewed and evaluated all t he subject proposals responsive to the City’s RFP for landscape maintenance services and determined that the awards recommended are appropriate.

The initial agreement term for each contract will expire on June 30, 2025, with the option for the City to ext end the contract for two (2) additional one -year periods. The extended initial term of the contract allows the City to lock in the unit prices (bid amounts) over the life of the contract resulting in potential savings toward future expenditures. Contractua l expenditures for Fiscal Year 2023 -24 and 2024 -25 will be accounted for in future fiscal year budget cycles to accommodate annual renewal.

Therefore, staff recommends that the City Council award an agreement to Landscape West Management Services, Inc. fo r Public Parks and Facilities Landscape Maintenance Services in the amount of $816,323.66, along with expenditures of $100,000.00 for extraordinary work for a potential annual agreement amount not -to-exceed $916,323.66. Staff also recommends awarding an agreement to Merchants Landscape Services, Inc. for Landscape Maintenance for Maintenance Districts and Magnolia Channel in the amount of $607,207.49, along with expenditures of $100,000.00 for extraordinary work for a potential annual agreement amount not-to-exceed $707,207.49.

Attachment: Agreement for Services - Landscape West Management Services, Inc.

Agreement for Services - Merchants Landscape Services, Inc.

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Project Name/No.: Public Parks and Facilities Contract No.: ______________ Landscape Maintenance Services

Project Manager: PWS/D.McAbee Approved: 06.07.2022 #__

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
LANDSCAPE WEST MANAGEMENT SERVICES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1ST day of July, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Landscape West Management Services, Inc. (“Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Propos als or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for t he performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereun der.

As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good

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Public Parks and Facilities Landscape Maintenance Services 2 quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Services shall include the scope of w ork included in Contractor’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances , resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entit y having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such w ork and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all o ther applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefo re subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public wor ks contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages t o the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on f ile at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each

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Public Parks and Facilities Landscape Maintenance Services 3 calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on p ublic works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitte d to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comp ly with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with an d be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess o f eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one -half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure th e payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every em ployer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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Public Parks and Facilities Landscape Maintenance Services 4 Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work und er this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll re cords of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, an d shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agre ement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties an d restrictions attending performance of the services under this Agreement. If the 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 existin g, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer t echnology, Contractor represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Contractor acknowledges that the City is relying on the representation by Contractor as a material consideration in entering into this Agreement.

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1.8 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation for extra work shall require the app roval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming tha n Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for perf ormance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Agreement Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total annual compensation, including reimbursement for actual expenses, shall not exceed Eight Hundred Sixteen Thousand Three Hundred Twenty-Three Dollars and Sixty -Six Cents ($816,323.66). In addition, City may, but is not required to, pay to Contractor a sum not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) for unanticipated work approved in writing by the City’s Representative for a total contract amount not to exceed Nine Hundred Sixteen Thousand Three Hundred Twenty -Three Dollars and Sixty- Six Cents ($ 916,323.66) for Fiscal Year 202 2-2023, (the “Contract Sum”), unless ad ditional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percent age of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are pr ovided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbu rsement for actual and necessary expendi tures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if spe cified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the servic es. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. Contractor shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:

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Public Parks and Facilities Landscape Maintenance Services 7 (a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor’s Ce rtified Payroll and proof that Certified Payroll has been submitted to the DIR.

Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall indepen dently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, o r as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that du e to City warrant run proc edures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmis sion. Review and payment b y City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Contingency of Funds.

Contractor acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of Cal ifornia to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forth coming, or are otherwise l imited, City may immediately terminate or modify this Agreement without penalty.

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Public Parks and Facilities Landscape Maintenance Services 8 ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ A” and incorporated herein by this reference. Extra Work shall be completed within the time frame negotiated for specific tasks.

3.3 Force Majeure.

The time period( s) specified in the Schedu le of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordanc e with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023. This Agreement may be renewed for up to four (4) additional one (1) year terms at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designa ted as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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Public Parks and Facilities Landscape Maintenance Services 9 Michael Garibay President, Operations Manager (Name) (Title)

Barry Konier Vice President (Name) (Title)

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducem ent for City to ent er into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devo ting sufficient time to personally supervise the services hereunder. All personnel of Cont ractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substant ially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stabilit y and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contrac tor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligati on, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwi se accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Public Works Services Divi sion Manager or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

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Public Parks and Facilities Landscape Maintenance Services 10 Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or i n fixing their number, compensation or hours of service. Contractor sha ll perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are c onsistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. There fore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, n either this Agreement nor any interest herein may be transferred, assig ned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceed ing, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not les s than $1,000,000 per occurr ence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor ari sing out of or in connection with Services

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Public Parks and Facilities Landscape Maintenance Services 11 to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liabilit y (errors & omissions) insur ance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per cla im and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensatio n insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. C ontractor shall include all subcontractors as insureds under its polici es or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insu rance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all t imes during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Contractor shall procure and mainta in for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subContractors. (c) Primary/noncontributing. Coverage provided by Contrac tor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City befo re the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancel ed and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium

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Public Parks and Facilities Landscape Maintenance Services 12 paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of Cali fornia, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogat ion. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance claus es from each of its subContractors.
(g) Enforcement of contract provisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limita tion on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintai ned by the Contractor. Any available insura nce proceeds in excess of th e specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Contractor agrees to oblige its insurance agent or broker and insurers t o provide to City with a thirty (30) day no tice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provid e or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undiscl osed coverage limitations . None of the cove rages required herein will b e in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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Public Parks and Facilities Landscape Maintenance Services 13 (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Contractor agrees to ensure that its subContractors, subcontractors, and any other party involved with the project who is brought onto or involved in the pro ject by Contractor, provide the same minimu m insurance coverage and end orsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of th e contract to change the amo unts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contra ctor, the City and Contractor may renegotia te Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that ar ise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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Public Parks and Facilities Landscape Maintenance Services 14 (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event th e City, its office rs, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connec tion with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its office rs, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully respon sible to indemnify City hereunder therefore, and failure of City to mon itor compliance wi th these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of pro fessional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilit ies resulting in p art from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessnes s or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouch ers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement a nd enable the Proj ect Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in

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Public Parks and Facilities Landscape Maintenance Services 15 providing access to the books and records if a public r ecords request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the servic es required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or e vents that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstanc e, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, sp ecifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials” ) prepared by Contractor, its employees, subcontractors and agents in t he performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensatio n as a result of t he exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to suc h use, reuse or assignment. Contractor may retain copies of such docume nts for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall i ndemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as define d in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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Public Parks and Facilities Landscape Maintenance Services 16 response to interrogator ies or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer , emplo yee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request fo r docum ents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interp reted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the ev ent of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agree ment, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall incl ude the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment o n the i nvoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreem ent under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

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Public Parks and Facilities Landscape Maintenance Services 17 Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to pe rform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Cit y may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement sha ll not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Con tractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declar ed to be exclusive in this Agreement, the rights and remedies of the pa rties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other right s or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for a ny default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a s tatutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum liquidated damages for each working day of delay in the performance of any service required hereunder. The

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Public Parks and Facilities Landscape Maintenance Services 18 City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as spec ifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to th e fault of the Contractor, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereu nder except such as may be specifically approved by the Project Manager. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as prov ided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant t o this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of th e services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whethe r legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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Public Parks and Facilities Landscape Maintenance Services 19 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable t o the Contractor, or any successor in interest, in the event of any defau lt or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s per formance of services under this Agreement. Contractor further covenants t hat in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any finan cial interest, direct or indirect, in this Agreement nor shall any such o fficer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation o f any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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Public Parks and Facilities Landscape Maintenance Services 20 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall b e in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the o ther party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement s hall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, co mplete an d exclusive expression of the understanding of the parties. It is under stood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inter est or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnersh ip, or as sociation in which (s)he is directly or indirectly interested, or in vi olation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to b e “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conseq uence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or coll usion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so ex ecuting this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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Public Parks and Facilities Landscape Maintenance Services 22 IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Anthony Arroyo, Interim City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, P.E.

Director of Public Works

CONTRACTOR:

LANDSCAPE WEST MANAGEMENT
SERVICES, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS S HALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHE R RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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Public Parks and Facilities Landscape Maintenance Services

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe cuted the sam e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) o n the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on th e document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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Public Parks and Facilities Landscape Maintenance Services

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/h er/their authorized capacity(ies), and that by his/her/their signature(s) on the inst rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the d ocument and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individ ual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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Public Parks and Facilities Landscape Maintenance Services A-1 EXHIBIT “A”

SCOPE OF SERVICES

1. SPECIFICATIONS

The Work embraced herein shall be done in accordance with these Standar d Specifications.

A. STANDARD SPECIFICATIONS – The “Standard Specifications for Public Works Construction” of the American Public Works Association, Latest Edition, and all subsequent amendments, supplements, and additions.

B. AASHO DESIGNATIONS – The latest revised Specifications of the State Highway Officials.

C. CALTRANS STANDARD SPECIFICATIONS – The signals and lighting work embraced herein shall be done in accordance with the Standard Specifications, latest edition, and the Standard Plans latest edition of the Department of Transportation insofar as t he same may apply and in accordance with th e following special provisions.

D. INTERNATIONAL SOCIETY OF ARBORICULTURE PRUNING STANDARDS – The latest revised Standards Western Chapter.

E. STANDARDS FOR NURSERY STOCK – The latest revised Specifications by the American Association of Nurserymen.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.

1. SPECIAL PROVISIONS

Intent

It is the intent of these specifications that work performed under this Agreement shall result in a complete operating system in satisfactory working condition with respect to the functional purpose of the installations.

Should a conflict arise between these specifications and any referenced specificatio ns, these specifications shall have precedence. All referenced specifications are incorporated into this Agreement controlling the Work as herein specified, but otherwise are not applicable.

Description of Work
The intent of these specifications is to prescribe and provide for the complete and finished performance and accomplishment, in every respect, of the entire contemplated work or improvement indicated by the detaile d specifications; and it shall be understood that the Contractor undertaking the execution of all or any part of such work or improvement will be required to perform, maintain, construct and complete the same in a thorough, satisfactory and workmanlike manner in accordance with these specifications, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment, materials and supplies except such as may otherwise be specified will be furnished by the City.

Landscape maintenance must be performed over the entirety of each, and every site listed in the B idding Schedule. This includes, but is not limited to, all real property owned by the City at each site. Additionally, this shall include landscape maintenance of all turf, shrubs, ground cover, trees, hardscape, flowers, vines and bare soil of a horizontal or vertical orientation up to and one foot (1’) over the property line of the site.

Within thirty (30) calendar days of the execution of this contract, the Contractor s hall submit, to the Public Works Serv ices Manager, a written report of existing deficiencies. This report shall include explanations, diagrams, and photographs necessary to document any deficiencies, which existed prior to the execution of this contract. This includes, but is not limited to, deficiencies in tree, turf, shrub, and irrigation system maintenance.

All maintenance deficiencies discovered after the submittal of this report, and not included in said report, shall be subject to the terms of this contract and the responsibility of the Contractor to correct.

Included in the appendix are Frequency Schedules and location descriptions to identify minimum service levels required for each area. In no event shall the Contractor provide service less than those identified. The Contractor may request alteration of the Frequency Schedule from the Public Works Services Manager for reasons of rain or inclement weather. Any turf maintenance operations missed due to inclement weather shall be rescheduled and completed within two (2) workdays

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Public Parks and Facilities Landscape Maintenance Services A-2 following the day missed if weather conditions allow. Any turf maintenance operations missed and not completed as scheduled shall be deducted from the monthly billing statement.

Cleaning Equipment
Shall be power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the surface, gutters and sidewalks to remove loose wood chips, grass and other debris upon operation of tree trimming/maintenance operations.

General Tree Maintenance
The Contractor shall be responsible for general tree maintenance in the specific landscape areas including trimming and pruning of trees up to a height of eighteen (18’) feet and below. The Contractor shall ensure regardless of their height have adequate watering, fertilizing, staking, removal of fallen leaves and branches, removing suckers, raising skirts and protection against pests.

Pruning Standards and Specifications
A. All work shall conform to the attached 2017 edition of the ANSI A300 Pruning Stand ards. In all cases, the City’s representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City’s representative shall be excluded from payment.

B. Contractor shall comply with Standards of CAL OSHA and the A merican National Standard Institute, Z133.1-1988 Safety Requirements.

C. The Contractor shall endeavor to maintain good public relations at all times. The Work shall be conducted in a manner which will cause the least possible interference and annoyance to t he public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree trimming operations.

The Contractor shall be responsible for advance n otification to the residents at each Work location of th e intended tree operations. The Contractor shall be responsible to see that private property and vehicles at Work locations are not endangered or damaged during the course of work. Illuminated arrow boards, sign stands, delineators and/or cones along with the proper signage shall be used to identify Work site for vehicular and pedestrian safety.

D. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growi ng on trees shall be removed at ground level.

E. Final pruning cuts shall be made withou t leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

F. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.

G. Contractor shall maintain at least one (1) English speaking arborist , to be on site within 30 minutes of being contacted.

H. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

I. Topping shall not be done without prior approval of the City.

Tree Pruning
All trees are included in required trimming operations. The Contractor shall not be responsible for any trimming operations above eighteen (18’) feet.

Tree pruning shall be performed based on the following categories with the intent of developing structurally sound trees symmetrical in appearance with the proper vertical and horizontal clearance. All pruning and trimming operations shall be in accordance with ISA Standards.

A. All trees shall be trimmed, shaped and thinned at least once per year.

B. All dead and damaged branches and limbs shall be removed at the point of breaking at the time breakage occurs.

C. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species.

D. All suckers and sprouts shall be cut flush with the trunk or limbs as needed. Regardless of height.

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Public Parks and Facilities Landscape Maintenance Services A-3 E. All structural weaknesses such as split crotch or limbs, or severe damage shall be reported to the Public Works Services Manager or designee.

F. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways.

G. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.

H. Prune trees along sidewalks to allow eight (8) foot clearance for pedestrians and twelve (12) feet above curb and gutters for vehicular traffic.

I. Signs shall be kept cleared at all times.

J. Contractor shall be responsible to apply all insecticides/fungicides to prevent or control diseases and pests.

K. Ailing or stunted trees which fail to meet expected growth will receive additional treatments to correct deficiencies.

L. Under no circumstances will stripping of lower branches be permitted. Lower branches shall be retained in a "tipped back" or pinched condition.

M. Topping of trees will not be permitted.

Staking and Tying
Trees which shall be staked fall into these categories:

A. Replacement of missing or damaged stakes where the tree diameter is less than three inches, at 24 inches above the ground.

B. In those cases where tree has been damaged and requires staking for support.

C. For new trees or recently planted trees which have not previously been staked.

D. Contractor shall use remove/adjust ties and stakes to prevent damage.

Replacement ties and stakes shall be the responsibility of the Contractor.

Tree Stakes and Ties
Tree stakes shall be 2” diameter pressure treated wood poles and the appropriate length to secure tree properly. Tree ties shall be from V.I.T. Products using two 32” flexible vinyl straps.

Tree Removals
A. All trees eighteen (18) feet or less which are downed by either natural or unnatural causes shall be removed and disposed of off-site by the Contractor. All stumps shall be ground to 12" below grade and wood chips raked level to fill hole.

B. All trees greater than eighteen (18) feet which are down or all trees which are still standing but must be removed for other reasons shall be handled as extra work or separate action by the City.

Tree Specifications

Each replacement tree shall be selected in accordance with the standards set forth in the American Standard for Nursery Stock.

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Public Parks and Facilities Landscape Maintenance Services A-4

Signs
The Contractor shall equip each vehicle used in the City with signs that read “ Landscape Maintenance Services Provided by the City of Chino”.

Site Maintenance

A. Throughout the period of this Agreement, the Contractor shall maintain the Work sites in a safe, neat and orderly condition free of all hazardous conditions, trash, debris, surplus materials and objectionable matter of any kind, all to the satisfaction of the Public Works Services Manager. All signs utilized by the Contractor shall be maintained in a graffiti free condition.

B. During the course of tr ee trimming/mainte nance activities, the Contractor shall protect all existing improvements, including underground utilities, which are to remain in place within and adjacent to the right-of-way, from damage resul ting from operations. In the event that an i mprovement is dama ged, the Contractor shall immediately notify its owner and the Public Works Services Manager of such damage, and the improvement shall immediately be restored to its original condition to the satisfaction of its owner, either by the owner or Contractor, at the option of the owner, at the Contractor’s expense.

C. It is anticipated that nuisance waters, such as storm water runoff and irrigation water, will run in and across the right-of-way at various times throughout the period of constructio n. It shall be th e responsibility of the Contractor, at his own expense, to provide for and protect the Work from such waters. In addition, the Contractor’s responsibility shall include handling nuisance waters so that his operations do not cause them to damage existing improvements or properties adjacent to or near the site of the Work.

D. At the completion of the contracted activities, the Contractor shall clean up the site of the Work and leave it in a neat and orderly condition free from trash, debris a nd excess construction materials and other objectionable matter, all to the satisfaction of the City.

Working Days
Any day except Saturday, Sunday, or legal holidays and days on which the Contractor is specifically required by the Special Provisions, by his labor contract, or by law to suspend construction operations. Also excepted is a ny day on which the Contractor is prevented by inclement weather or conditions resulting therefrom, from proceedings with at least 75 percent of the normal labor and equipment force for at least five hours toward completion of the current controlling opera tions.

Time of Completion
The Contractor shall complete all fieldwork in every detail at the locations within the dates specified by the Public Works Services Manager. The Contractor shall not perform any fieldwork prior to said date.

Traffic Control

Traffic control is paramount to the successful completion of landscape maintenance operations.

The Work Area Traffic Control Handbook (W.A.T.C.H.), Latest Edition, shall be the reference document for establishing traffic control and detours for this project.

Standard Drawing
Unless otherwise noted on the plans, all standards to be used in tree plantings shall be the latest edition of the City of Chino Standard Drawings and Specifications and the Pruning Standards from the Western Chapter of the Internatio nal Society of Arboriculture.

Permits
If needed, City Construction permits shall be provided to the Contractor by the City at no expense to the Contractor. A City of Chino lane/roadway closure application and permit is required for any maintenance activities that require the closing of any City street or traffic lane. The application shall include a detailed plan of the Contractor's proposed traffic handling set up. The plan must be approved by the City's Transportation Manager and a permit issued no less than seven days prior to the beginning of operations or construction.

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Public Parks and Facilities Landscape Maintenance Services A-5 S
cheduling of Work
The contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of Work. The general hours of operations shall be 8:30 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise.

The days of operations shall be Monday through Friday. No work shall be performed on Saturday or Sunday, unless approved by the Public Works Services Manager in writing.

Schedule of Services
The Schedule of Services (EXHIBIT A-1) identifies the minimum service levels required. In no event shall the Contractor provide maintenance less than those identified. However, increased Services may be required at times to provide an acceptable level of service and to promote healthy and vigorous growth and to improve the aesthetic value of the plant material at no additional cost.

Turf Mowing
Turf in this Agreement shall be mowed with “ Reel” for sports fields and “Rotary” for additional turf . The mowers shall be maintained so as to provide a smooth even cut without tearing. The reel or blade adjustment will provide a uniform, level cut without ridges or depressions. Recycler mowers shall only be used upon acceptance by the Public Works Services Manager.

Frequency
Mowing shall be performed at such intervals of time so that no more than one-third of the grass blade is removed during each mowing in returning the grass to the accepted height for the species of grass being mowed, but at intervals of no less than described in the Schedule of Services. Inclement weather may preclude adherence to the Schedule of Services. The Contractor may request alteration of this mowing frequency from the Public Works Services Manager for reasons of rain or prolonged cold.

Work shall be performed on the same day each week. All mowing missed due to inclement weather shall be rescheduled and completed within three (3) work days. Any mowing missed and not completed during the week shall be deducted from the monthly billing statement.

Cutting Heights
Cutting heights shall be adjusted according to the predominate type of grass, in accordance with the following:

Turfgrass Species

Mowing Height
Perennial Rye 1.5 to 2.5
Tall Fescue 1.75 to 2.5
Bermuda .25 to 1.0
St. Augustine 2.0 to 3.0
Clipping Pick Up
All grass clippings shall be collected and removed from the site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.

Artificial turf Maintenance
The artificial turf will be maintained twice weekly Mondays & Thursdays using the rake and/ or leaf blower to remove debris, such as leaves and sticks. Use proper pesticides to keep pests from damaging the artificial turf and infill. Use weed control treatment on an as -needed basis. Use a stiff broom or wide bris tle hair brush to redistribute any infill that has washed out

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Public Parks and Facilities Landscape Maintenance Services A-6 W aste Disposal
All glass, leaves, paper and other debris shall be removed and disposed of off-site prior to mowing.

Clean Up
All walkways, roadways, trails or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operation or the end of the day, whichever occurs first. All debris generated from Contractors operations shall be picked up and disposed of off-site. No debris shall be blown into streets and roadways.

Edging
All turf grass borders shall be neatly and uniformly edged or trimmed concurrent with every mowing.

Mechanical Edging
Mechanical methods shall be used except where physically not possible or practical.

Chemical Edging
Chemical applications shall be used on areas such as planters, buildings, around trees, along asphalt trails/paths, around sports field equipment, fence lines, around sprinkler heads, etc. Chemical edging will only be permitted where mechanical methods are impossible.

Prior to the application of chemicals, all areas shall be trimmed to the proper heights. Contractor shall use non-restricted chemicals only to perform chemical edging.

Hardscape Cleaning
All hard surface areas shall be thoroughly swept /blown or vacuumed to be maintained in a clean and safe condition. The Contractor shall be responsible to thoroughly clean all hardscape areas concurrent with mowing operation.

Extraordinary Maintenance
Additional turf maintenance operations may be required and may be considered as extraordinary work if it is caused by any of the following:

A. Acts of God
B. Civil Disorder
C. Vehicle Collision
D. Vandalism
E. Storm or weather activity
F. Tree spray/Insect infestation
The Contractor shall respond within 1-hours to emergency calls when directed by the City.

Chemical Application
Chemicals shall be recommended and approved by the Public Works Services Manager or designee prior to use. Unless otherwise approved by the Public Works Services Manager or designee in writing, only non-restricted chemicals shall be used. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the Public Works Services Manager or designee a minimum of 7-days prior to intended use (EXHIBIT A-3 – NOTICE OF INTENT TO APPLY RESTRICTED MATERIALS). No chemical applications shall be performed until the Public Works Services Manager's or

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Public Parks and Facilities Landscape Maintenance Services A-7 designee’s approval is obtained, and a Notice of Intent filed to San Bernardino County Department of Agriculture. Failure to obtain authorization from the Public Works Services Manager may result in a $500.00 per instance deduction.

License and Certificate
Chemicals shall only be applied under the supervision of persons possessing a valid pest control advisors license and shall be applied only by certified applicators. Records of all chemical application operations, authorization stating dates, time, methods of applications, chemical formulations, applicators name and weather conditions at the time of application shall be made and retained in an active file for a minimum of two (2 ) years. After this period, records shall be retained in accordance with San Bernardino County Department of Agricultural Regulations.

Drift
Chemicals shall be applied to limit drift to six (6) inches. All precautionary measures necessary to ensure public and worker safety shall be employed since all areas will be open for public access during application.

Public Notices
Contractor shall be responsible for posting all notices when chemicals are applied. All notices shall be in accordance with Chemical, Product Labels and Department of Agriculture Regulations.

Irrigation Schedules
Irrigation shall be accomplished in accordance with the following time frame:

1. All Parks and Facilities 10:00 p.m. – 6:00 a.m.

Contractor is required to submit irrigation schedules for all areas maintained under this Agreement. The schedule shall include:

Station number, water time, cycle start time and any damage/repair to the system. Schedules are due monthly. Failure to submit the schedules may result in a $200.00 penalty per incident.

Plant Irrigation Requirements
Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variation, wind conditions and rainfall and recommend appropriate changes in duration of watering cycles. All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. No actual changes will be implemented without the prior approval of the Public Works Services Manager or designee.

Special Watering
Special watering required during daytime hours and for landscape areas without automatic controllers such as after fertilization, irrigation checks and during periods of extreme dryness or heat and during manual irrigation cycles shall be conducted in accordance with the following criteria:

A. Prior approval must be given by the Public Works Services Manager or designee.

B. There shall be minimal drift onto private property or roadways caused from wind.

C. There shall be no interference with other field maintenance activities, special event activities or public usage.

D. There shall be irrigation personnel present at each location until the watering cycle is completed.

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Public Parks and Facilities Landscape Maintenance Services A-8 hours. Contractor shall also be responsible to turn off all controllers during con ditions of extended rain and forecasted rain events.

Damages from Irrigation
All damages resulting from under or over watering shall be repaired at the Contractor's expense.

Irrigation System Components
The entire irrigation system, including all components from the connection at meters shall be maintained in an operational state at all times. This coverage applies to all backflow devices, controllers, remote control valves, gate valves, main and lateral lines, sprinkler heads and moisture sensing devices. The Contractor shall bear the labor and material costs for all routine irrigation repairs and replacements, such as replacement of non-functioning sprinkler heads and nozzles, replacement of missing valve box lids, and minor repairs to irrigation valves and controllers. Routine repairs and replacements are not considered Extra Work.

Any irrigation component that needs to be replaced must be exchanged with the most current high efficiency product.

All new high efficiency products must be approved by th e Public Works Services Manager or designee before installation.

The Contractor shall have on hand at all times one spare irrigation controller for each model used within the City. Upon discovery of a controller failure, if the Contractor is unable to immediately repair damage to the controller, he shall remove the damaged controller and temporarily install the spare one. The damaged controller shall be taken to a reputable controller repair shop for diagnosis and repair. The cost of furnishing and installing the spare controller, the cost of removing the damaged controller, the cost of transporting the damaged controller to a repair shop, and the cost of obtaining repair to the original controller is all to be included in the proposal price for maintenance. The labor cost for reinstalling the repaired controller, or a new one, if the original controller cannot be repaired, shall be at no additional cost to the City. If a controller malfunctions and the Contractor does not have a temporary one to replace it, the Contractor will be responsible for watering the site by hand. The Contractor shall bear the cost of any damage to the plant material caused by insufficient irrigation maintenance up to and including replacement.

Compliance with AB 325 "Model Water Irrigation Ordinance" Contractor shall be required to comply with all restrictions associated with Assembly Bill 325. To include audits and efficiency standards for all landscape areas.

Trained Personnel
Contractor shall provide competent personnel fully trained in all phases of irrigation systems operation, maintenance, and repair; for all irrigation components, including electric and battery-operated controllers, valves and sprinkler heads. Personnel shall be knowledgeable and competent with all brands and models of irrigation equipment.

Irrigation System Testing
All irrigation systems shall be tested and inspected a minimum of once per month.

A. A schedule shall be submitted at the start of this Agreement showing the location, day of week and time of day that each system will be tested and operated. Any changes shall be submitted for approval prior to enactment.

B. Adjust all sprinkler heads for optimum performance to prevent overspray/runoff onto walks and roadways as much as possible. This shall include selecting the best degree of arc to fit the existing site conditions.

C. All system malfunctions, damage, and obstructions shall be reported and action taken immediately.

D. In addition to monthly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported, daily if necessary.

E. A report listing the results of monthly testing shall be included with the monthly irrigation schedules.

Weed Control

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Public Parks and Facilities Landscape Maintenance Services A-9 A regular program of pre-emergent chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary.

Weeding
Weeding shall be done regularly to avoid establishment of weeds. Weeding shall be performed both chemically and mechanically at the discretion of the Public Works Services Manager or designee.

Weed Removal
Contractor shall be responsible to maintain the turf areas in "weed free" condition. Chemical control of broadleaf weeds shall be employed as often as necessary to maintain turf area in a "weed free" condition. In addition, turf grasses shall be treated as follows:

A. Between January 15 and February 15, a pre-emergent crabgrass control compound shall be applied to all fescue areas.

B. Between November 1 and November 30, a broadleaf pre-emergent weed control compound shall be applied to all areas
C. Twice per year a broad-spectrum fungicide shall be applied in December and June.

D. Post emergents will be used as necessary to keep turf in "weed free" condition year-round.

Spray Pattern Indicator
A spray pattern indicator (colorant) shall be used with all chemical weed control applications, whether pre-emergent or post- emergent as directed by the Public Works Services Manager or designee. The color shall range from blue to green.

Broadleaf Weeds
Chemical control of broadleaf weeds shall be employed as often as necessary to maintain turf areas in a "weed free" condition.

Turf Weeding
In addition, turf grasses shall be treated as follows:

A. Between January 15 and February 15, a pre -emergent crabgrass control compound shall be applied to all fescue areas.

B. Between November 1 and November 30, a broadleaf pre-emergent weed control compound shall be applied to all areas.

C. Twice per year a broad-spectrum fungicide shall be applied at the manufacturers recommended coverage rate in December and June.

D. Post emergent will be used as necessary to keep turf in "weed free" condition.

Medians and Sidewalks
Medians and sidewalks are to be maintained in a weed free condition. This include s the removal of weeds in all pav ed or unpaved surfaces of medians and sidewalks boundaries and in joints, cracks or other crevices within or adjoining the curb and gutter areas surrounding the common landscape areas. Sidewalks are to be kept clean at all times. All hardscape areas are to be thoroughly blown off each week.

Turf Fertilizer

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Public Parks and Facilities Landscape Maintenance Services A-10 All turf will be fertilized in accordance with the following criteria when granular fertilizer is used. Except as amended by the Public Works Services Manager or designee, when granular fertilizer is used, all turf areas will be fertilized in accordance with the following criteria:

Type Formula Rate Cycle
Bluegrass Turf Gold 22-5-6 1 lb. Nitrogen per
1000 sq. ft. 90 days
Bermuda Turf Gold 22-5-6
1 lb. Nitrogen per
1000 sq. ft.
(March – Nov)
90 days
Fescue Turf Gold 22-5-6 1 lb. Nitrogen per
1000 sq. ft. 90 days
St. Augustine Turf Gold 22-5-6
1 lb. Nitrogen per
1000 sq. ft.
(March - Nov)
90 days
Schedule Changes
All proposed changes shall be submitted to the Public Works Services Manager or designee prior to use. All fertilization schedules shall commence on the effective date of the this Agreement then follow the cycles established in the Schedule of Services. The Public Works Services Manager or designee must be notified of the exact date/time of scheduled fertilization at least fourteen (14) working days prior to the start of fertilization.

Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.

All turf areas shall be fertilized in accordance with the following criteria when liquid fertilizer is used:

Liquid Fertilizers
All liquid concentrate fertilizer formulation shall be approved prior to use by the Public Works Services Manager or designee.

All liquid concentrate fertilizers shall be water soluble, emulsifiable and shall be capable of remaining suspended in water until the fertilization cycle is completed. Liquid fertilizers shall be applied at a rate specified by the manufacturer.

Fertilizing Ground Cover Areas
All ground cover areas will be broadcast balanced fertilizer (Landscape Color 14-14-14) as described in the Schedule of Services during the first week of April and the first week of November and shall be applied at a rate required by the manufacturer.

Application of additional fertilizers may be required in order to maintain plant material in a healthy condition.

Tree and Shrub Areas
Fertilization of all trees and shrubs shall be done as described in the Schedule of Services in April and November wit h a balanced fertilizer (Landscape Color 14-14-14). Fertilizers will be applied within drip line of all trees when applicable. Trees within narrow planting strips will be fertilized with an approved root feeder, fertilizing as much of the area as possible within the drip line.

Application

Fertilizer shall be broadcast by mechanical methods only. Fertilizer shall not be directly applied by hand.

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Public Parks and Facilities Landscape Maintenance Services A-11 O verseeding
All turf areas shall be reseeded to reestablish turf to an acceptable condition annually between March 30 and April 30. The Public Works Services Manager or designee must be notified of the exact date/time of scheduled reseeding fourteen (14) calendar days prior to the start of any reseeding. Reseeding shall be performed in accordance with the following criteria:

A. All areas to be overseeded shall be raked or verticut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding.

B. Areas to be reseeded shall be fertilized to provide one (1) to one and one-half (1-1/2) pounds of nitrogen per thousand square feet. Chemical formulation of fertilizer to be used shall be (Endure 16-16-16) unless otherwise specified by the Public Works Services Manager or designee in writing.

C. A fescue grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the minimum requirements established by the San Bernardino County Department of Agriculture. No seed shall be applied without prior verification of seed quality by the Public Works Services Manager or designee.

D. Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil condition. Seed shall then be lightly covered with top soil to prevent erosion and reduce evaporation of soil moisture.

E. In addition, bare or sparse turf areas shall be reseeded by the Contractor on an as needed basis, at the request of the Public Works Services Manager or designee at no additional cost.

F. Winter overseeing of seasonal turf grass, such as Bermuda, Kakuya and St. Augustine, will be required using a perennial rye. Cost of over seeding shall be included in the contracted price. Overseeing shall not follow dethatching or aeration by more than five (5) calendar days.

Dethatch / Scalping
Unless otherwise directed by the Public Works Services Manager or designee in writing, all turf areas shall be dethatched / Scalped a minimum of once per year between October 1 and November 30.

Dethatching shall be accomplished by use of a "vertical cut type" dethatch machine. The degree of thatch removal shall be determined by the Public Works Services Manager or designee immediately prior to the start of dethatching operations.

All thatch and debris shall be picked up and disposed of off-site prior to the end of the workday.

Scalping shall be accomplished by mowing turf as low as possible before reseeding.

Aeration
All turf areas shall be aerated a minimum of two times per year, once between March 15 and April 15 , and once between October 15 and November 15.

Aeration shall be accomplished by removing 3/4" diameter by 4" deep cores at a maximum spacing of 4" by use of a mechanical aeration machine. Contractor shall aerate the entire area first in one direction (east to west) then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site or thoroughly pulverized within 24-hours after aerating.

All trails, roadways, walkways, etc., impacted by miscellaneous turf maintenance operations shall be thoroughly cleaned at the conclusion of the operation or the end of the day whichever occurs first.

Contractor shall be responsible for the disposal of dethatch and aeration debris.

Standards of Performance

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Public Parks and Facilities Landscape Maintenance Services A-12 A. The Contractor agrees to comply with all applicable provisions of Federal, State and local laws governing the duties and obligations of businesses and employees.

B. The standards of performance which the Contractor is obligated to perform hereunder are these standards considered to be good turf horticultural practices. Reference: National Turfgrass Council and the National Turfgrass Sports Association.

C. Turf mowers will operate at suggested manufacturer's mowing speeds in accordance with local conditions.

Additional passes shall be made if necessary in problem areas where excess grass or other conditions warrant special attention.

D. The Contractor shall conduct his work at all times in a manner which will not interfere with normal activities or prohibit pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets.

E. Manual or mechanical edging methods shall be used wherever physically possible.

F. All leaves and clippings shall be removed concurrent with every mowing.

Pruning
All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters, and the best health of the plant and/or as described in the Schedule of Services.

Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the Contractor's faulty maintenance or negligence, as determined by the Public Works Services Manager or designee.

Pruning Schedule
Shrubs and vines shall be pruned and trimmed as needed, using sound horticultural techniques. Shrubs and vines shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, fences, etc.) so as not to encroach on same.

In addition, all shrubs and vines shall be trimmed to maintain horizontal clearance along all walkways, trails and fence lines to prevent encroachment onto private property and to remove dead, damaged or diseased plant material.

Fertilization
Contractor shall use a balanced fertilizer in shrub areas as requested in the Schedule of Services.

Cultivation and Mulching
Contractor shall cultivate around shrub and tree areas and tree wells sufficiently and often enough to control weed growth and maintain existing irrigation and drainage ditches. Mulch is also required to be applied in all open areas as requested by the Public Works Services Manager or designee. Mulch shall be applied 3” in depth evenly throughout the landscape area and will be supplied by the Contractor.

Irrigation (Deep Soaking)
Deep soaking shall be defined as the application of sufficient quantities of water to maintain reasonable healthy vigor of plants.

Basin modifications may be required. Quantities of water shall be sufficient to allow for deep -water penetration and encouragement of deep rooting of the plants.

Renovation
Ground cover plantings shall be thinned and pruned for the health of the planting and the appearance of the site and at such other times when directed by the Public Works Services Manager or designee.

Edging

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Public Parks and Facilities Landscape Maintenance Services A-13 Beds shall be maintained within their intended bounds and shall not be permitted to encroach into lawns, shrub beds or adjacent areas or in any manner deemed undesirable by the Public Works Services Manager.

Replanting
Replanting shall be required throughout the Agreement period in order to maintain the continuity of the ground cover area.

Replacement plants will be provided by the City and the Contractor shall be responsible for providing the labor at no additional cost to the City. If planting is required due to Contractor's negligence, Contractor shall be responsible for all plants and labor at no cost to the City.

Irrigation after Planting
All areas planted in ground cover shall be immediately adequately irrigated to maintain the planting in a healthy condition.

Trimmings
All trimmings shall be removed from the premises on the day of renovation and edging work.

Drains and Grates
All concrete "v" drains to include the portion under the sid ewalk shall be kept free of vegetation, debris and algae to all ow unrestricted water flow. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the Public Works Services Manager or designee immediately.

Hard Surfaces Areas

All hard surface areas shall be thoroughly cleaned a minimum of twice per week or more often, if necessary, to maintain in a clean and safe condition.

Disease and Pest Control Inspections
The Contractor shall regularly inspect all landscaped areas for the presence of disease, ants or other insect infestation. The Contractor shall advise the Public Works Services Manager or designee within 24-hours if disease or insect infestation is found; and shall identify the disease or insect and specify control measures to be taken; and upon written approval of the Public Works Services Manager or designee shall implement the approved control measures exercising extreme caution in the application of all spray materials, dusts or other materials used.

Use of Chemicals
The Contractor shall submit a list of all chemicals herbicides and pesticides proposed for use under this Agreement for approval by the Public Works Services Manager or designee. Materials included on this list shall be limited to chemicals approved by the State of California Department of Agriculture and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendation of a Licensed Pest Control Advisor and shall conform to the current San Bernardino County Department of Agriculture regulations.

No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved in writing by the Public Works Services Manager or designee as appropriate for the purpose of the areas proposed. Restricted materials can only be used by a licensed applicator possessing a restricted materials applicator permit as issued by the State Department of Agriculture.

A Notice of Intent to apply restricted/non-restricted materials form must be submitted to the Public Works Services Manager or designee before application of material(s).

A monthly report shall include a statement of all applications of herbicides and pesticides detailing the chemical used, quantity, rate of application, area in which used and the purpose of the application.

Disease and Pest Control Approval

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Public Parks and Facilities Landscape Maintenance Services A-14 Approved control measures shall continue until the disease or insect is controlled to the satisfaction of the Public Works Services Manager or designee. The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety of the public and the employees of the Contractor.

Rodent Pest Control
The Contractor shall provide complete and co ntinuous control and/or eradication of all plant pests/rodents diseases. The Contractor shall select and supply proper materials and licensed personnel and obtain all necessary permits to comply with City, County, State, and Federal laws and regulations. Contractors will assume responsibility and liability for the use of all chemical contracts as per Senate Bill 198.

All gopher mounds are to be removed from turf and landscape areas on a daily basis. Soil from gopher mounds shall be raked until surrounding soil is level. Any gopher mound not removed from site within 24-hours shall be deemed as non-performance of rodent pest control. An amount of $200 for unmaintained rodent pest control for that site will be deducted from the monthly billing statement.

Notification of Material Loss
The Contractor shall notify the Public Works Services Manager or designee within 24-hours of the loss of plant material due to any cause. Any plant that dies and not reported shall become the responsibility of the Contractor for replacement.

Replacement Responsibilities
The Contractor shall be responsible for replacement of turf, annual plants, trees, shrubs, ground cover and soil as deemed necessary due to Contractor's negligence. The size and species of replacement of these items shall be as directed by the Public Works Services Manager or designee.

Unforeseen Damages
All landscape plants and material damaged due to acts of God, vandalism or vehicular accidents shall be supplied by the City at the City's expense and the Contractor shall install at no additional cost to the City.

Specific Plant Replacements
In order to ensure maximum health, growth and overall aesthetic appearance of plantings in the work area, it may be desirable and necessary to replace certain plants. The necessity or desirability of such plant replacements shall be determined by the Public Works Services Manager or designee. Where such replacements are to be made, all plants will be provided by the Contractor at cost (or provided by the City at no cost to the Contractor) and installed by the Contractor at no additional cost to the City. It is anticipated that annuals will be replaced a minimum of three times per year.

Plant Removals
Except for emergency removal, no trees, shrub/ ground cover/turf shall be removed from the areas being maintained without prior approval of the Public Works Services Manager or designee.

Replacement Parts
The Contractor shall maintain a stock (at Contractor's expense) of high usage items for repair or replacement (i.e., irrigation parts, tree stakes, ties, etc.).

Contractor Generated Trash
The Contractor shall promptly remove from the work area all debris generated by the performance of the work specified herein.

User Generated Trash
The Contractor shall be responsible to remove all trash and debris in accordance with the Schedule of Services. Other litter and debris found within the contracted areas is also to be removed by the Contractor, including the removal of flyers, decorations and advertisements from light poles, irrigation controllers and electrical boxes.

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Public Parks and Facilities Landscape Maintenance Services A-15 Green Waste
The Contractor is required to manage all of the green waste generated by the performance of the work specified herein. Green waste may be turned into mulch, and provided at no additional cost back to the City for use in ground cover areas.

Storm Drain Training
In instances where applicable Municipal Operations are performed by contracted staff, the City requires evidence that contracted staff have received Storm Water training by a Certified Trainer or training provided by the City of Chino.

Exclusions
(*Contractor will be responsible for the removal of graffiti on irrigation controllers) The Contractor will not be responsible for the maintenance of the following items during the term of the contract; however, any deficiencies in these areas are to be brought to the immediate attention of the Public Works Services Manager or designee. • Buildings
• Lighting Facilities
• Restrooms
• Flag Poles
• Replacement of trash cans
• Walls
• Fences
• Graffiti removal on buildings, walls and fences*
• Railings
• Monuments
• Signs
• Flags or Banners
Redevelopment, Construction or Reconstruction
Where redevelopment, construction or reconstruction may involve any portion of an area under these specifications, the Public Works Services Manager or designee may delete a portion of or the entire site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work shall be reflected in the monthly reimbursement to the Contractor per the unit prices submitted in the schedule of unit prices required above, or agreed upon by the City and Contractor.

Daily Activity Maintenance Reports
Daily activity maintenance reports shall be required from the Contractor indicating the scope of work along with location of the intended work. All staff performing work must be listed on the report, by location. The format of the daily activity maintenance report must be approved in advance by the Public Works Services Manager.

Hazardous Conditions
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor which is not a result of his operations shall immediately be reported to the Public Works Services Manager.

Restricted Materials Applicator's License
The Contractor shall be responsible for appropriate personnel having a valid and current Qualified Applicators Certificate for the work described in these specifications. Any use of restricted materials shall be in strict accordance with the State Agriculture Rules and regulations.

Extra Work

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Public Parks and Facilities Landscape Maintenance Services A-16 E xtra work is defined as scheduled renovations and extraordinary work required by changes in the details of work shown on the specifications. Unless otherwise noted, compensation for extra work shall be set at the rate(s) as specified in the Compensation Schedule for Extra Work. The City is not compelled to award extra work to the Contractor. In some instances, additional proposals may be solicited by other vendors or the work may be accomplished by City staff.

No work of any kind shall be considered as extra unless separate authorization is issued by the City in writing for said work before work commences.

In the event the Contractor is required by the City and agrees to perform extra work the following will govern such work.

A. An estimate of the costs shall be submitted for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of all extra work operations and shall furnish reports itemizing all costs for labor, materials, and equipment rental. The report shall include hours worked. The following procedure will govern extra work.

1. Work will be executed under the direction of the Public Works Services Manager on a time and materials basis or an agreed upon lump sum price depending on the nature of the work.

2. City will issue a work request for such extra work to be performed.

3. Extra work will not be initiated without written authorization.

4. Contractor must complete extraordinary work utilizing staff not assigned to the City performing regular daily routine maintenance.

5. Extra work may include, but not be limited to, the following:
i. Replacement of plant materials due to failures beyond the Contractor's responsibility. ii. Replacement of sprinkler heads, valves, and quick couplers due to vandalism or Acts of God. iii. Landscape and irrigation system renovations.
iv. Remedial landscaping.

The Contractor shall be required to begin extra work promptly once authorization is obtained.

City/Contractor Inspections
The inspection and administration of the contracted work will be made by the Inspector supported by the Public Works Services Manager.

Any and all questions arising regarding the performance of the work shall be directed to the Inspector. If the question cannot be answered, or if the answer is unacceptable, it will be referred by the Inspector to the Public Works Services Manager.

City Inspections
The Contractor shall accompany the Inspector, on an inspection tour of all areas of responsibility once each week, whereupon any maintenance deficiencies will be noted. All deficiencies noted on this report are required to be corrected prior to the following week's meeting. Additionally, the Contractor shall accompany the Public Works Services Manager on inspection tours at the request of the Public Works Services Manager.

All deficiency notices and calculations of payment deductions shall originate with the Inspector and be authorized by the Public Works Services Manager.

Inspection/Administration Cost Limitation
The inspection and administration criteria stated below shall comprise the maximum amount of City staff time required for this Agreement.

The cost for all time in excess of the stated criteria required due to inadequate level of landscape maintenance and poor administrative preparation on the part of the Contractor, shall be deducted and forfeited from payments. The stated criteria shall be exclusive from excessive damage from outside sources beyond the Contractor's control requiring additional inspection and administration.

The actual cost computation shall be made using Maintenance Contract Inspector salary inclusive of direct and indirect overhead at the time costs are incurred.

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Public Parks and Facilities Landscape Maintenance Services A-17 The Public Works Services Manager or Inspector shall maintain an accurate l og of inspection and administrative time for computing costs. The log will be available upon demand for review by the Contractor.

Payment
Payment shall be made to the Contractor monthly for all work performed to the satisfaction of the Public Works Services Manager within 30 days of invoicing by the Contractor. The Contractor shall be required to prov ide one monthly invoice for all work performed. All requests for payment of Damage Repair or Extra Work must be accompanied by the City's written request for such services. All work not billed to the City within thirty (30) days of completion by the Contractor shall be subject to nonpayment by the City.

Payment Withheld/Deducted
The City may withhold and/or deduct payment to such extent as may be necessary to protect the City from loss due to:

A. Work required in the specifications which is defective, incomplete or not performed.

B. Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the Contractor to private or public property.

C. Failure of the Contractor to make payments properly to employees, subcontractors or vendors fo r materials or services provided.

D. Expenses incurred by the City to perform work requi red in the specifications that is defective, incomplete or not performed.

E. Failure to participate in and respond to the scheduled Maintenance Inspections.

F. Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence/notifications.

G. Failure to submit monthly/quarterly schedules and reports.

These actions shall not be construed a penalty but as an adjustment of payment based on the work actually performed, or as the cost of the City for inspection and other related costs from the failure of the Contractor to complete the work according to schedule. One Hundred Dollars ($100.00) per day may be deducted from monthly payments for every day that schedules are not submitted to the City.

Supervision by Contractor
The Contractor Representative shall be within the City’s limits to supervise and or inspect all work being performed to the satisfaction of the City Representative. Contractor Representative shall provide efficient supervision to the work, using his best skill and attention and shall provide and keep on the work site at all times during its progress a competent crew leader/foreman and any necessary assistants. All directions of the Inspector or his authorized representative shall be received and obeyed by the crew leader/foreman in charge of the particular work; and all such directions given shall be as binding as if given to or by the Contractor in person. The Contractor shall be required to have personnel in the City Monday through Friday during regular business hours.

Inspection/Administration Cost Limitation
The inspection and administration criteria stated below shall comprise the maximum amount of City staff time required for this Agreement.

The stated criteria shall be exclusive from excessive damage from outside sources beyond the Contractor's control requiring additional inspection and administration.

The actual cost computation shall be made using Maintenance Contract Inspector salary inclusive of direct and indirect overhead at the time costs are incurred.

The Public Works Services Manager or Inspector sha ll maintain an accurate log of inspection and administrative time for computing costs. The log will be available upon demand for review by the Contractor.

Access to Work
The Public Works Services Manager's authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge respecting the progress, workmanship, and character of materials

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Public Parks and Facilities Landscape Maintenance Services A-18 used and employed in the work.

Whenever the Contractor varies the period during which work is carried out, they shall give due notice to the Public Works Services Manager so that proper access for inspection may be provided. Any inspection of work shall not relieve the Contractor of any obligations to fulfill this Agreement as prescribed.

Maintenance Deficiencies
The Public Works Services Manager shall report maintenance deficiencies to the Contractor's representative. All maintenance deficiencies shall be corrected within forty-eight (48) hours. Any deficiencies not completed within the 48 hours will result in a deduction from pay. The Contractor shall keep records of actual work performed. The Contractor shall also be responsible for notifying the Public Works Services Manager or designee of all maintenance deficiencies on a weekly basis.

Independent Inspections
The City may utilize a mutually acceptable horticulturist or arborist to examine and inspect the landscape areas to assist the Public Works Services Manager in assessing the quality of Contractor's maintenance.

Disposal of Material
Excavation material determined as unsuitable fill material by the Public Works Services Manager shall become the property of the Contractor and shall be legally disposed of outside the site of the Work by and at the expense of the Contractor. The Contractor is required to dispose all green waste generated by the performance of the work specified herein User Generated Trash
The Contractor shall be responsible to remove all trash and debris in accordance with the Minimum Frequency Schedule. Other litter and debris found within the contracted areas is also to be removed by the Contractor, including the removal of flyers, decorations, notices, and advertisements from light poles; cans, bottles, paper, shopping carts, cardboard boxes, etc.

Specifications on the Work
The Contractor shall keep one copy of all specifications and drawings on the work site in good order, accessible to the Public Works Services Manager and his representatives.

Removal of Obstructions
The Contractor shall remove and dis pose of all structures, debris, or other obstructions to the construction of the work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained and permanently replaced by the Contractor at his expense as required for performance of the work.

Interpretation of Plans and Specifications
Should it appear that the work to be done or any matter relative thereto is not suffi ciently detailed or explained by the specifications, the Contractor shall apply to the Public Works Services Manager for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Agreement so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.

Errors or Discrepancies Noted by the Contractor
If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the specifications and the drawings, or between the physical conditions at the site of the work, or finds any error or omission in any of the specifications, or in any survey, he shall prom ptly notify the Public Works Services Manager in writing of any such discrepancy, error, or omission. If the Contractor observes that the specifications are at variance with any applicable law, ordinance, regulation, order or decree, contractor shall promptly notify the Public Works Services Manager in writing of such conflict.

The Public Works Services Manager on receipt of any such notice sha ll promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom.

Public Representation by Contractor
The Contractor's representative shall contact the City's representative daily to submit work-reporting forms, convey messages, return telephone calls to the public, schedule field reviews, etc. The Assistant Public Works Services Manager's working hours are 6:00 a.m. to 5:00 p.m., Monday through Friday. The Assistant Public Works Services Manager can be contacted by phone at (909) 334-3266.

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Public Parks and Facilities Landscape Maintenance Services A-19 Temporary Suspension of Work
The Public Works Services Manager shall have the authority to suspend the work, wholly or in part, for such period as he may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the sui table prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The contractor shall immediately comply with the written order of the Public Works Services Manager to suspend the work wholly or in part and shall not resume the work until ordered to do so in writing by the Public Works Services Manager.

In the event a suspension of work is ordered because of failure on the part of th e Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.

Final Clean Up
Upon completion and before making application for acceptance of any portion of the work, the Contractor shall clean the work site and all ground occupied by him in connection with the work of all rubbish, e xcess materials, temporary structures and equipment. All parts of the work area shall be left in a neat and presentable condition.

Care should be taken to prevent spillage on streets over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operation shall be immediately cleaned up.

Suggestions to the Contractor
Any plan or method suggested to the Contractor by the Public Works Services Manager or inspector but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor, and the City and the Public Works Services Manager will assume no responsibility therefor.

Emergency Response
The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

Emergency Work
In the event that emergency work is required, the Contractor shall notify the Public Works Services Manager or representative by telephone in adva nce before any emergency work is commenced. Non -emergency maintenance work requires written approval before the work is performed.

Emergency Personnel
In situations involving an emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, as needed, and proceed to repair the system on a temporary basis.

The Contractor shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Contractor for twenty-four (24) hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.

Provision for Emergencies
Unusual conditions may arise on the Work, which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the Work, and it is part of the service required of the Contractor to make such provisions and to furn ish such protection.

The Contractor shall use such foresight and shall take such step s and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work.

Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under this Agreement, then and in that event the City may provide suitable protection to said

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Public Parks and Facilities Landscape Maintenance Services A-20 interest by causing such work to be done and material to be furnished as, in the opinion of the City, may see m reasonable and necessary.

The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of bills therefor, duly certified by the Public Works Services Manager, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due paid Contractor. Failure of the City, however, to take such precautionary measures shall not relieve the Contractor of his full responsibility for public safety.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

Contractor's Response
The Contractor must maintain telephone service so that all calls from the City to the Contractor have no toll charge. Failure to respond by telephone call or in person within one (1) hour of the City's attempt to contact the Contractor's representative may result in a $200.00 penalty per incident. Failure to respond at any level will subject Contractor to any primary or secondary costs arising from said emergencies.

Complaint Requests
The Contractor must correct all complaint requests within forty-eight (48) hours. Failure to respond and correct as requested may result in termination of this Agreement.

Additions to the System
In the event that additional areas are added to the system or the City desires to add existing areas to this Agreement, these may be added to the maintenance agreement at the rate(s) as specified in the Compensation Schedule for additions to the system.

The City is not compelled to award new additions to the Contractor. In some instances, additional proposals may be solicited by other vendors or the work may be accomplished by City staff.

Public Convenience
Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Water or dust palliative shall be applied as necessary for alleviation or prevention of dust nuisance caused by the Contractor's operations. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and ev ening and t emporary approaches to crossings or intersecting streets shall be provided and kept in good condition.

Public Safety
The Contractor shall furnish, erect and maintain such lights, barricades, bridges, and other devices as are necessary to prevent accidents and avoid damage or injury to the public. Should the Public Works Services Manager point out the inadequacy of warning devices or should the Public Works Services Manager approve the location of warning devices, such action shall not relieve the Contractor of responsibility for public safety, nor abrogate his obligation to furnish and pay for these devices. Should it be determined, during hours other than work hours and the Contractor is unavailable, that the warning devices are inadequate, the City may furnish and erect such additional devices as may be necessary.

All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Department of Transportation. Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface. All warning flashers shall be kept in good working order.

No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reas on, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.

Whenever the Contractor's operations require one-way traffic or create a conditio n hazardous to the public traffic, he shall provide and station competent flagmen whose sole duties shall consist of directing the movement of traffic through or around the work.

Notice and Service Thereof
Any notice required or given by one party to the other under this Agreement shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any

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Public Parks and Facilities Landscape Maintenance Services A-21 purpose whatsoever unless served in the following manner:

Notice shall be given to the City by personal delivery thereof to the Public Works Services Manager or by depositing the same in the United States mail enclosed in a sea led envelope, registered, and with postage prepaid, addressed to: Public Works Services Manager, City of Chino, 5050 Schaefer Avenue, Chino, CA 91710.

Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the Unit ed States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Agreement, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, postage prepaid and registered.

Unforeseen Difficulties
All loss or damage arising out of the nature of the work to be done under this Agreement, or from any unforeseen obstruction or difficulties which may be encountered during the progress of the work and in the prosecution of the same, or from the action of the elements, or from encumbrances on the line of the work, shall be sustained by the Contractor.

The cost and ex pense of said labor and material together with the cost and expense of such repairs a s may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of bills therefor, duly certified by the Public Works Services Manager, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due paid Contractor. Failure of the City, however, to take such precautionary measures shall not relieve the Contractor of his full responsibility for public safety.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

Existing Utilities
The Contractor shall notify Underground Service Alert at 811 at least 48 hours in advance of his intention to begin any work affecting existing utilities so that they may notify the affected utility compan ies. Whenever the improvement requires the relocation or replacement of an existing utility under this Agreement, this information will be shown on the contract drawing.

Unless this notification is shown on the contract drawing, the Contractor shall assume that the utility is to remain in place or be relocated or replaced by others.

The utility companies listed below can be contacted as indicated:

1. Southern California Gas Co. (800) 427-2000

2. Southern California Edison (800) 655-4555

3. Frontier (800) 921-8101

4. Cable TV/Spectrum (888) 892-2253

5. Water & Sewer/City Yard (909) 334-3266
Any difference or conflicts which may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Public Works Services Manager. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.

Preservation of Property
Trees and shrubbery that are not shown on the plans to be removed, pole lines, fences, signs, survey markers and monuments, buildings, structures, conduits, pipelines and other improvements and facilities adjacent to the work shall be protected from injury or damage and if ordered by the Public Works Services Manager, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored to a condition as good as when the Contractor entered upon the work.

Cooperation with Others
Nothing contained in these documents shall be interpreted as granting to the Contractor exclusive occupancy of the maintenance site for the work. Should maintenance be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the work, or in the vicinity of the work to be done under this contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the work of such other forces or contractors. If the performance of this Agreement is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Public Works Services Manager shall decide which contractor shall continue or whether the work can be proceeding simultaneously.

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Public Parks and Facilities Landscape Maintenance Services A-22 Any difference or conflicts which may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Public Works Services Manager. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.

Coordination with Community Agencies
The Contractor shall notify the following agencies of any construction or street closures forty-eight (48) hours prior to the start of such closure:

Chino Police Department (909) 334-3000
Chino Fire Department (909) 902-5260
Waste Management (909) 591-1714
Omnitrans (909) 912-7432
Dial-A-Ride (909) 623-0183
Chino Unified School District (909) 628-1201
Postal Service (800) 275-8777
Sheriff (909) 988-6571
Spectrum (Cable TV) (888) 892-2253
Frontier (800) 921-8101
Southern California Edison (909) 930-8432
Southern California Gas (800) 427-2000
Underground Service Alert 811
City of Chino Hills (909) 364-2600
The Contractor shall notify the U.S. Postal Service of all areas affecting service five (5) working days prior to construction.

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Public Parks and Facilities Landscape Maintenance Services A-23 EXHIBIT “A-1”

SCHEDULE OF SERVICES
MAINTENANCE DAYS: Monday through Friday

DESCRIPTION

FREQUENCY
(Monday-Friday)
Litter Control:

Litter pickup - all landscaped areas (including
medians, tree wells and sidewalks)
Weekly
Hardscape cleaning (including stamp concrete and
blowing sidewalks by tree wells
Weekly
Turf:

Mowing: April - October Weekly
Mowing: November - March Bi-Weekly
Edging, blowing off hardscape, spring trimming, hand
mowing
Weekly
(following mowing same
day)
Miscellaneous:

Aeration: March & October 2x per year minimum
Reseeding: March 30 – April 30 1x per year
Over seeding: Winter Season 1x per year
Dethatch / Scalping 1x per year in October
Irrigation:

Check watering schedules, inspect irrigation
controllers
Monthly
Inspect sprinkler heads for proper operation &
coverage
Following mowing
Hand watering As required until irrigation
repairs are completed
Emergency repairs As required within 1-hour

Routine repairs and replacements
As required. To be
completed within 24-hours

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Public Parks and Facilities Landscape Maintenance Services A-24

Fertilizing:

Trees, ground cover, shrubs 90-Day Cycle
"Fertilization"
Turf 90-Day Cycle
"Fertilization"
Flower Beds Three (3) Growing periods
per year
"Fertilization"

Fungicide spraying
As required under
"Tree Maintenance"
Shrubs/Plants:

Pruning Bi-Weekly or as needed
Cultivation/mulching Weekly
Irrigation (deep soaking) As required
Tree Maintenance:

Deep watering of tree wells As needed
Staking and tying As needed
Removal of suckers Check weekly and remove
General pruning Per ISA Standards
Raising skirts As needed
Spraying deciduous tree As required under
"Tree Maintenance”
Spraying conifer trees As required under
"Tree Maintenance"
Tree Removal As required under
"Tree Maintenance"
Broad leaf weed spraying 2x per year
(June & November)
Weed control Requires weed-free
conditions
Disease, rodent, and pest control As required under
"Disease and Pest
Control"

Ground Cover:

Renovation/trimming/edging Weekly
Cultivation Weekly
Watering As Required
Weeding Weekly
Equestrian Trail:

Litter pickup Weekly
Weed control Weekly
Decomposed granite application As required under
"General Maintenance"

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Public Parks and Facilities Landscape Maintenance Services B-1 EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]

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Project Name/No.: Landscape Maintenance for Contract No.: ______________ Maintenance Districts and
Magnolia Channel

Project Manager: PWS/D.McAbee Approved: 06.07.2022 #__

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
MERCHANTS LANDSCAPE SERVICES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1ST day of July, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Merchants Landscape Services, Inc. (“Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invit ation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform a ll services described herein. Contractor covenants that it shall follow the highest professional standards in

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performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Services shall include the scope of work included in Contractor’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governm ental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agree ment is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Departme nt of Industrial Relation s (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay pre vailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing

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wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by th e DIR for the work or cra ft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of a pprentices on public works projects.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the jour neyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employ ed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar wee k in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one -half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be requir ed to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which r equire every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing th e performance of the work of this contract.”

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Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be req uired to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thorou ghly investigated and considered the s cope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services unde r this Agreement. If the services invo lve 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, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instru ctions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully fu nctional, with such infrastructure, equipment, computer system and software of the City. Contractor acknowledges that the City is relying on the representation by Contractor as a material consideration in entering into this Agreement.

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1.8 Care of Work.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonab le care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agr eement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Contract or, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the wri tten approval of the Contractor. Any increase in compensat ion for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly under stood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an incre ase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agr eement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Agreement Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total annual compensation, including reimbursement for actual expenses, shall not exceed Six Hundred Seven Thousand Two Hundred Seven Dollars and Forty-Nine Cents ($607,207.49). In addition, City may, but is not required to, pay to Contractor a sum not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) for unanticipated work approved in writing by the City’s Representative for a total contract amount not to excee d Seven Hundred Seven Thousand Two Hundred Seven Dollars and Forty-Nine Cents ($707,207.49) for Fiscal Year 202 2-2023, ( the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lum p sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contract or’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approv ed subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by t he City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:

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(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Contractor shall also submit a l ist of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice follow ing the effective date of the rate change.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any char ges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Contingency of Funds.

Contractor acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Perf ormance” attached hereto as Exhibit “ A” and incorporated herein by this reference. Extra Work shall be completed within the time frame negotiated for specific tasks.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for perform ance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contrac tor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the C ity for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023. This Agreement may be renewed for up to four (4) additional one (1) year terms at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contra ctor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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Mark Brower President (Name) (Title)

Donna Brower Secretary (Name) (Title)

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing pr incipals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally s upervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasona ble effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if a ny, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of C ontractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Public Works Services Division Manager or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign a ll documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or

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control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that ro le. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any w ay or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, c apability and reputation of Contractor, its principals and employees were a substantial induce ment for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of cred itors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not les s than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor ari sing out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liabilit y (errors & omissions) insurance . Contractor shall maintain professional liability insurance that covers the Services to be performed in connection

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with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Con tractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the in surance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance p olicies, at any time.
(b) Duration of coverage . Contractor shall procure and main tain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subContractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage s hall also apply on a primary and non - contributory basis for the benefit of City be fore the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canc eled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor o r City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approv ed Surplus Line Insurers in the State of California, with an assigned

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policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by th e City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City , its elected or appointed officers, agents, officials, employees and volunteers o r shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contrac tor hereby waives its own right of recovery against City, and shall require simila r written express waivers and insurance clauses from each of its subContractors.
(g) Enforcement of contract provisions (non -estoppel). Contractor acknowledges and agrees tha t any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specifi c coverage features or limits contained in this section are not intended as a limi tation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purpos es of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown abov e, the City requires and shall be entitled to coverage for the higher limits maint ained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of ca ncellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall prov ide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undis closed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Contractor agrees to ensure that its subContractors, subcontractors, and any other party involved with the project who is brought onto or involved in

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the p roject by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity wi th the requirements of this section. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserve s the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Cont ractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full ext ent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, l osses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any pe rson, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition o f this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor

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hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, bu t, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, reckl essness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “boo ks and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall h ave access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager

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shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the co st of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated inc reased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photograph s, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warra nties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to u se the concepts embodied therein. All subcontractors shall provide for assignment to City of any do cuments or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior w ritten authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performe d under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” p rovided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City

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shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the la ws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California , in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default an d the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30 ) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any fai lure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i ) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contr actor’s acts or omissions in performing or failing to perform Contractor’s

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obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist whi ch shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to wi thhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a wai ver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulativ e and the exercise by either party of one or more of such rights or remedies shall not preclude the ex ercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notw ithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

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7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section f or termination for cause. The City reserves the right to terminate this Contract at any time, with or with out cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of not ice may be such shorter time as may be determined by the Project Manager. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically appr oved by the Project Manager. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by th e Project Manager, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compe nsation only for the reasonable value of the work product actually produced hereunder. In the event of ter mination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the C ontractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent tha t the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpo se of set -off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is require d to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in ad dition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the inter ests of City or which would in any way hinder Contractor’s performan ce of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, emplo yee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial i nterest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of pe rsons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so empl oy such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorize d aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of th e City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments h ereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agr eement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or associatio n in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination o f “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City offic ial, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing o f value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and exis ting, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties her eto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Anthony Arroyo, Interim City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, P.E.

Director of Public Works

CONTRACTOR:

MERCHANTS LANDSCAPE SERVICES, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Of ficer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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Landscape Maintenance

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) w hose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which t he person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the d ocument and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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Landscape Maintenance A-1
EXHIBIT “A”

SCOPE OF SERVICES

1. SPECIFICATIONS

The Work embraced herein shall be done in accordance with these Standard Specifications.

A. STANDARD SPECIFICATIONS – The “Standard Specifications for Public Works Construction” of the American Public Works Associati on, Latest Edition, and al l subsequent amendments, supplements, and additions.

B. AASHO DESIGNATIONS – The latest revised Specifications of the State Highway Officials.

C. CALTRANS STANDARD SPECIFICATIONS – The signals and lighting work embraced herein shall be done in accordance with th e Standard Specifications, latest edition, and the Standard Plans latest edition of the Department of Transportation insofar as the same may apply and in accordance with the following special provisions.

D. INTERNATIONAL SOCIETY OF A RBORICULTURE PRUNING STAND ARDS – The latest revised Standards Western Chapter.

E. STANDARDS FOR NURSERY STOCK – The latest revised Specifications by the American Association of Nurserymen.

In case of conflict between the Standard Specifications and these spe cial provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.

1. SPECIAL PROVISIONS

Intent

Should a conflict arise between these specifications and any referenced specifications, these specifications shall have precedence. All refer enced specifications are incorporated into this Agreement controlling the Work as herein specified, but otherwise are not applicable.

Description of Work
The intent of these specifications is to prescribe and provide for the complete and finished performance and accomplishment, in every respect, of the entire contemplated work or improvement indicated by the detailed specifications; and it shall be understood that the Contractor undertaking the execution of all or any part of such work or improveme nt will be required to perform, maintain, construct and complete the same in a thorough, satisfactory and workmanlike manner in accordance with these specifications, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment, materials and supplies except such as may otherwise be specified will be furnished by the City.

The work to be done consists of the complete landscape maintenance of all landscape areas listed in Compensation Schedule (Exhibit C). Landscape maintenance includes but not limited to pruning, shaping and skirting of trees up to a height of 18 feet, shrubs and ground cover plants; weed control, control of all plant diseases and pests; rodent/pest control, turf maintenance, irrigation maintenance, hardscape maintenance and other maintenance required to maintain the landscape areas in the Compensation Categories.

Included in the exhibits is the Schedule of Services (EXHIBIT A-1) and location descriptions (EXHIBIT A-2) to identify minimum service levels required for each area. In no event shall the Contractor provide service less than those identified. The Contractor may request alteration of the Schedule of Services from the Public Works Services Manager for reasons of rain or inclement weather. Any turf maintenance operations missed due to inclement weather shall be rescheduled within 2-days working days. Any turf maintenance operations missed and not completed as scheduled shall be deducted from the monthly billing statement.

Equipment
The Contractor must fu rnish adequate equipment to properly perform the Work in a workmanlike manner in accordance with these specifications. Such equipment must be in good state of repair and maintained in such state during the progress of the Work. No worn or obsolete equipment shall be used, and in no case, shall the manufacturer’s rating of capacity for

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any equipment be exceeded.

Cleaning Equipment
Shall be power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitabl e for cleaning the sur face, gutters and sidewalks to remove loose wood chips, grass and other debris upon operation of tree trimming/maintenance operations.

General Tree Maintenance
The Contractor shall be responsible for general tree maintenance in the sp ecific landscape areas including; trimming and pruning, adequate watering, fertilizing, staking, removal of fallen leaves and branches, removing suckers, raising skirts and protection against pests.

Pruning Standards and Specifications
A. All work shall co nform to the attached 2017 edition of the ANSI A300 Pruning Standards. In all cases, the City’s representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City’s representative shall be excluded from payment.

B. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1 -1988 Safety Requirements.

C. The Contractor shall endeavor to maintain good public relations a t all times. The Work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree trimming operations.

The Contractor shall be responsible for advance notification to the residents at each Work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at Work locations are not endangered or damaged during the course of work. Illuminated arrow boards, sign stands, delineators and/or cones along with the proper signage shall be used to identify Work site for vehicular and pedestrian safety.

D. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on trees shall be removed at ground level.

E. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

F. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.

G. Contractor shall maintain at least one (1) English speaking arborist, to be on site within 30 minutes of being contacted.

H. When trimming fungus, disease or fire blight infect ed limbs or fronds, al l pruning tools shall be cleaned after each cut with alcohol or bleach.

I. Topping shall not be done without prior approval of the City.

Tree Pruning
All trees are included in required trimming operations. The Contractor shall not be r esponsible for any trimming operations above eighteen (18) feet.

A. All trees shall be trimmed, shaped and thinned at least once per year.

B. All dead and damaged branches and limbs shall be removed at the point of br eaking at the time breakage occurs.

C. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species.

D. All suckers and sprouts shall be cut flush with the trunk or limbs as needed. Regardless of height.

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E. All structural weaknesses such as split crotch or limbs, or severe damage shall be reported to the Public Works Services Manager or designee.

F. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways.

G. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.

H. Prune trees along sidewalks to allow eight (8) foot clearance for pedestrians and twelve (12) feet above curb and gutters for vehicular traffic.

I. Signs shall be kept cleared at all times.

J. Contractor shall be responsible to apply all insecticides/fungicides to prevent or control diseases and pests.

K. Ailing or stunted trees which fail to meet expected growth will receive additional treatmen ts to correct deficiencies.

L. Under no circumstances will stripping of lower branches be permitted. Lower branches shall be retained in a "tipped back" or pinched condition.

M. Topping of trees will not be permitted.

Staking and Tying
Trees which shall be staked fall into these categories:

A. Replacement of missing or damaged stakes where the tree diameter is less than three inches, at 24 inches above the ground.

B. In those cases where tree has been damaged and requires staking for support.

C. For new trees or recently planted trees which have not previously been staked.

D. Contractor shall use remove/adjust ties and stakes to prevent damage.

Replacement ties and stakes shall be the responsibility of the Contractor.

B. All trees greater than eighteen (18) feet which are down or all trees which are still standing but must be removed for other reasons shall be handled as extra work or separate action by the City.

Tree Specifications

Each replacement tree shall be selected in accordance with the standards set forth in the America n Standard for Nursery Stock.

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Signs
The Contractor shall equip each vehicle used in the City with signs that read “ Landscape Maintenance Services Provided by the City of Chino”.

Site Maintenance

A. Throughout the period of this Agreement, the Contractor shall maintain the Work sites in a safe, neat an d orderly condition free of all hazardous conditions, trash, debris, surplus materials and objectionable matter of any kind, all to the satisfaction of the Public Works Services Manager. All signs utilized by the Contractor shall be maintained in a graffiti free condition.

B. During the course of tree trimming/maintenance activities, the Contractor shall protect all existing improvements, including underground utilities, which are to remain in place within and adjacent to the right-of-way, from damage resul ting from operations. In the event that an improvement is damaged, the Contractor shall immediately notify its owner and the Public Works Services Manager of such damage, and the improvement shall immediately be restored to its original condition to the satisfaction of its owner, either by the owner or Contractor, at the option of the owner, at the Contractor’s expense .

C. It is anticipated that nuisance waters, such as storm water runoff and irrigation water, will run in and across the right-of-way at various times throughout the period of construction. It shall be the responsibility of the Contractor, at his own expense, to provide for and protect the Work from such waters. In addition, the Contractor’s responsibility shall include handling nuisance waters so that his operations do not cause them to damage existing improvements or properties adjacent to or near the site of the Work.

D. At the completion of the contracted activities, the Contractor shall clean up the site of the Work and leave it in a neat and orderly condition free from trash, debris and excess construction materials and other objectionable matter, all to the satisfaction of the City.

Working Days
Any day except Saturday, Sunday, or legal holidays and days on which the Contractor is specifically required by the Special Provisions, by his labor contract, or by law to suspend construction operations. Also excepted is any day on which the Contractor is prevented by inclement weather or c onditions resulting therefrom, from proceedings with at lea st 75 percent of the normal labor and equipment force for at least five hours toward completion of the current controlling operations.

Traffic Control

Traffic control is paramount to the successful completion of landscape maintenance operations.

The Work Area Traffic Control H andbook (W.A.T.C.H.), Latest Edition, shall be the reference document for establishing traffic control and detours for this project.

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cheduling of Work
The contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of Work. The general hours of operations shall be 8:30 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise.

The days of operations shall be Monday through Friday. No work shall be performed on Saturday or Sunday, unless approved by the Public Works Services Manager in writing.

Turf Mowing
Turf in this Agreement shall be mowed with “reel” or “Rotary”. The mowers shall be maintained so as to provide a smooth even cut without tearing. The reel or blade adjustment will provide a uniform, level cut without ridges or depressions. Recycler mowers shall only be used upon acceptance by the Public Works Services Manager.

Cutting Heights
Cutting heights shall be adjusted according to the predominate type of grass, in accordance with the following:

Turfgrass Species

Artificial turf Maintenance
The artificial turf will be maintained twice weekly Mondays & Thursdays using the rake and/ or leaf blower to remove debris, such as leaves and sticks. Use proper pesticides to keep pests from damaging the artificial turf and infill. Use weed control treatment on an as -needed basis. Use a stiff broom or wi de bristle hair brush to redistribute any infill that has washed out
Waste Disposal
All glass, leaves, paper and other debris shall be removed and disposed of off-site prior to mowing.

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lean Up
All walkways, roadways, trails or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operation or the end of the day, whichever occurs first. All debris generated from Contractors operations shall be picked up and disposed of off-site. No debris shall be blown into streets and roadways.

Edging
All turf grass borders shall be neatly and uniformly edged or trimmed concurrent with every mowing.

Mechanical Edging
Mechanical methods shall be used except where physically not possible or practical.

Prior to the application of chemicals, all areas shall be trimmed to the proper heights. Contractor shall use non-restricted chemicals only to perform chemical edging.

Extraordinary Maintenance
Additional turf maintenance operations may be required and may be considered as extraordinary work if it is caused by any of the following:

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License and Certificate
Chemicals shall only be applied under the supervision of persons possessing a valid pest control advisors license and shall be applied only by certified applicators. Records of all chemical application operations, authorization stating dates, time, methods of applications, chemical formulations, applicators name and weather conditions at the time of application shall be made and retained in an active file for a minimum of two (2) years. After this period, records shall be retained in accordance with Sa n Bernardino County Department of Agricultural Regulations.

Irrigation Schedules
Irrigation shall be accomplished in accordance with the following time frame:

1. All Maintenance Districts 10:00 p.m. – 6:00 a.m.

Contractor is required to submit irrigation schedules for all areas maintained under this Agreement. The schedule shall include:

Station number, water time, cycle start time and any damage/repair to the system. Schedules are due monthly. Failure to submit the schedules may result in a $200.00 penalty per incident.

A. Prior approval must be given by the Public Works Services Manager or designee.

B. There shall be minimal drift onto private property or roadways caused from wind.

C. There shall be no interference with other field maintenance activities, special event activities or public usage.

D. There shall be irrigation personnel present at each location until the watering cycle is completed.

City Requests
Contractor shall respond within thirty (30) minutes of any emergency request by the City to turn off any malfunctioning irrigation system, particularly stuck irrigation valves or broken sprinkler heads. Requests for routine repairs shall be completed within 24- hours. Contractor shall also be responsible to turn off all controllers during conditions of extended rain and forecasted rai n events.

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Damages from Irrigation
All damages resulting from under or over watering shall be repaired at the Contractor's expense.

Any irrigation component that needs to be replaced must be exchanged with the most current high efficiency product.

All new high efficiency products must be approved by the Public Works Services Manager or designee before installation.

Irrigation System Testing
All irrigation systems shall be tested and inspected a minimum of once per month.

C. All system malfunctions, damage, and obstructions shall be reported and action taken immediately.

D. In addition to monthly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported, daily if necessary.

E. A report listing the results of monthly testing shall be included with the monthly irrigation schedules.

Weed Control
A regular program of pre-emergent chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary.

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Weeding
Weeding shall be done regula rly to avoid establishment of weeds. Weeding shall be performed both chemically and mechanically at the discretion of the Public Works Services Manager or designee.