DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GREENTECH LANDSCAPE, INC.
(UTILITY DEPARTMENT FACILITIES LANDSCAPE MAINTENANCE SERVICESRFP 24-003SB)
1. PARTIES AND DATE.
This Agreement is made and entered into this 6th day of December, 2023 by ("Effective Date") by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 ("City") and Greentech Landscape, Inc. a California Corporation with its principal place of business at 13560 Telegraph Road, Whittier CA 90605 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Utility Department Facilities Landscape Maintenance Services - RFP 24-003SB project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance or other general services necessary for the Project ("Services"). The Services are more particularly described in CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 6, 2023 to June 30, 2025 ("Term"), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a "Renewal Term"). The terms "Term" and "Renewal Term" may sometimes be generally and collectively referred to as "Term" in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation msurance.
3 .2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3 .2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Donna Finch, or his or her designee, to act as its representative for the performance of this Agreement ("City's CA\DD\02000.50102\10151745.3
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3.2.5 Contractor's Representative. Contractor hereby designates Gus Marquez, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3 .2. 7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
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3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five ( 5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3 .2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility: Subcontractors. Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
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3.2.9.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).
Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
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3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The msurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE (B) Waiver of Subrogation - Workers' Compensation and
Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions: Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation - All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor's may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
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3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best's rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best's rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in CA\DD\02000.50102\10151745.3
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3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best's rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best's rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3 .2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
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3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred and SeventyFive Thousand Dollars ($175,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the Project site. It is most CA\DD\02000.50102\10151745.3
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3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1 777. 5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen ( 15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE Contractor:
City:
Greentech Landscape, Inc.
13560 Telegraph Road
Whittier CA 90605
Attn: Gus Marquez
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Donna Finch, Community Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE
3.5.11 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation: Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney's Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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[SIGNATURES ON NEXT 2 PAGES]
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE
CITY'S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GREENTECH LANDSCAPE, INC.
(UTILITY DEPARTMENT FACILITIES LANDSCAPE MAINTENANCE SERVICESRFP 24-003SB) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By:
Donna Finch
Interim Community Services Director
Reviewed By: __________ _
Moses Cortez
Facilities, Parks & Trails Manager
� DocuSigned by:
Reviewed By: L!J�;:�3e�fa;J
Attest:
Yasmin Lopez
Purchasing Manager
Sylvia Edwards
City Clerk
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE
CONTRACTOR'S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GREENTECH LANDSCAPE, INC.
(UTILITY DEPARTMENT FACILITIES LANDSCAPE MAINTENANCE SERVICESRFP 24-003SB) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
GREENTECH LANDSCAPE, INC.
a California corporation
By:
Gus Marquez
President and Secretary
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE EXHIBIT "A"
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscaping services necessary for the City of Corona Utilities Department. The Services are more particularly described herein.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE City of Coro:na Utility Depadme:nt
,v atei· Redam.1rtion F adli.ties
Facility
• ,v a:t:er Recfam.ttiou. Facility No. I
Scope of Work:
Acld1·ess
2 05 R.1.ihoa:d Street
App1:·ox. Acrn:s
40 ,, eekly: check irrigation,. adjust aud1or repair as necessary mow, edge blov.r turf areas, rake planters. abate weeds and remove rubbish (some turf areas may 1:equire less frequent mol,,ing during winte.r months). No spraying of pesticides around basins.
),fonthly: abate \1, eeds and trim grasses on la1:ge slopes. trim grourufoover at ·walks and dri, es. Maintain tree supports/stakes. Spray ,-i.reeds around facility waJkvrnys, building , strnctures and planters.
Quarterly: fertilize turf and shrnbs around Control Building. Inspect trees and prnne as needed.
Facility
• ,, ater R.edamatiou F ac.ility _ o. 2
Scope of Work:
Address
650 E. H..1.crrison
App1·ox Acre.s
7 ,-v eehly: Che.ck irrigation, adjust and/ or -repair as necessary, rnke pbnters,. abate weed and remove rubbish. ),Ion thl
y
: On-going trimming of hedges around basins stairways and drive�s .. Renm\ e rubbish as needed. Prune and trtm s:brubs around Control Building.
Prune level ofp!ume-go bushes down to 3 fee,t and cut back to e\i·en ,v.ith brick wall.
Contra.cto.r may spot spray around ponds.
Dep.utment wi]l prm ide exrra green waste bm for trimming of plumego bushes... Spray weeds a.round facility walkways, buildings, structures and planters.
Qu.irterly: Keep weeds down and trirm: plants on Ham.son St and shrubs: amund Control Building_ Inspect trees and prune as needed. Contractor to trim old fronds from palm trees. • Comm
unication Site Gr�e Hitt Tower
• Communication ite Eagle Glen
Scope of Worf-:
�ifonthl:) : abate weeds and remove rnbbish.
CA\DD\02000.50102\10151745.3
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18 Add1·ess
881 Cor..ica D.rive NIA
160Q: Fairway Uri\ e NIA
(CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE Scope of Work:
SCOPE OF ''VORK (continued)
City of Corona Utility Department
"Water Reclamation Facilities
Addnss
3997 Temescal Cyn.
Approx. Acres
264 000 sq. ft.
"eekly: check: irrigation, adjust and/or r
epair as necessary, abate ,veeds remove rnbbish.
Monthly: trim groundcover, hedges_ shrubs: and trees. Maintain new tree supports/stakes.
Spray weeds around facility walkways, buildings, structures and planters Quarterly: fenilize shrubs and groundcover.
Add Alternate: On the south side of the 'Plaut' base y01u bid on die maintenance of the cypress trees_ Facility
• ,vater Red,nnation Facility_ o. 3
Soccer Fields
Scope of Wo1-k:
Address
399 TemescaJ Cyn.
Approx. Acres
7 ,veekJy: check irrigation, adjust and/orrepair. s necessary_ abate weeds, mow and edge turf, remove clippings and rubbish.
7\fonthly: trim groundcover at walks and drives.
Yearly: de-thatch turf, over-seed turf with rye ( after first year of installation).
Bi-annually: aerate turf, fertilize.
Facility
• Sierra del Orn Lift Station
• Smith & Rincon Lift Station
• Yuma Lift Station
• McKinley Lift Station
• Bedford Cyn. Lift Station
Scope of W01*:
Address
3851 Palisades Drive
1505Rincou
735 Via Blairo
113 McKinley
3695 Bedford Cyn.
NIA
NIA
IA
NIA
NIA
l\lonthl
y
: AtYum..1. Lift Station only. check irrigation, adjust and/or repair as necessary, trim groundcmer aud trim trees as necessary_
At all lift st'ltiom, abate ·weeds and remove rubbish_
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE Tac:ilih·
• Gilben: Reservoir
• Green River WTP
• Lester \VI'P
• Keith \\.ST
• Ion Exchange Treatment P�
• Sierra Del Oro \VTP
(inside perimeter offence)
S.,·o:pe of Work:·
SCOPE OF "WORK continut>d)
City·o,f Cornn.a "rility Depa1·tmeot
,;ii;, ate1· F:lcil:iries
4065 Gtloo1Ave.
4 BO Green River Rd.
29' 0 Rim.pan Ave.
4W Rimpan A.·e_
2940 \Vi1deme s Cir.
\V-e eikl ·: check urigatiou, adjust and/or 1-epair: as necessary- abate weeds .. remove n1bbish. �•lonthly: trim ground oo,'et" al: i.valk;; and drives.
Quarte:
rly: ferfah.z.e groundcover, trim shrubs.
Yeady: trim trees.
LSO
3.60 L2:i
1.50 0.25
3.80 ::'t,ote: Do, not ·">pray llerbktide:-. audl or pestidde,; with.in I(IO .ft of opfn potable watel!' basin-s.
Facilih·
• Te:m.escal Desalt:er
Scope o(Wor'1,:
45 PiUbtic Safe
ty Way 0.50
W-f•�kly: check irrigation adjn.'1t and/or reprur as necessary-, abate weeds, mow and edge mrf, 1·emove cl:ippi:ng;; and mbbish. Oo11tractor may Sp!'ay herbici.des e.arly i.n the m01.umg with urunedia1e approval of site su,pervisor. �:lonthly: trim gronndcover at waJ!ks and dr:i-,,-es.
Qaarte:r
.Jy: fertilize grouudcoV'er and turf trim sluubs; this include,; the slopes on fue northwest side of'the p:u·king.
Yeal'lr (fall): m;er-seed trufwith rye and ferulize, n:im t<fees_ Fad:Jin·
• \Ven 7A
• \\7e-U 9A
• Well 11
• Well l4
• Well ]9
• WeU25
• We1L7
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City o-f Coraoi1a "tility Depa1·tment
":-ater F at'iliries
9]7 Circle City Dr.
S.05 s_ \ iceutia
18-65 Pomona Rd .
noo w_ 106 st.
2J9 W_ Grand Ave .
3 W s_ \ .icentia
2581 Mangnfar
20 0.20
NIA
0.25 0.20
0.08 10.16
(CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE • \\eH 28 102 . Bl!lerul Vista
• \Ven :!9 240 N_ Buena \ ista
(inside fenced o.re'fl)
• Border Reservou 23691 � Border Ave.
(1.mimproved areas 011
1 ejther :ride of rese1 oir and bdiind, not front)
• Border Re.senroo 2:52.S Border AveJ1ae
• Jameson Rerenlo.ir 4268 Jameson Cude
• Cresta \ erde Booster 2005 .Promemde Ave.
• Payette Booster 881 Payette A ·e.
Scope .o,f Wark:
'Weekly: check inigatioa, adjust andfot· repruras 11ecessar)', abate weeds .remove rnbbish.
Monthly: trim grmmdcover.
Qu:n"terly:. fertilize gronndcov,er, trim oleand'.et"s. • Bord�r Booste.r
• Cresta Verde Reservoir
Scope of Wenk·
:SCOPE OF WORK rontinned)
City o:f Corona L·tili:1:y Depiutmeut
'Wate1· F a,dliries
2290 Border A:ve
7:361.aiC°liWlbI;e 0.25
O.U
0.004
(J.25
.68
L68
0..25
0.2:5
,-ree,J : dy: check ii.rigation, adjum and/or repair as 1necessary,.abate weeds, mow and edge hnf remove dippings and mhbisb..
l\lcmtb]y: irim. g:rouadrover at walks and drives_
Q11.arf!e1·ly: fertilize groundco,renm.d huf, trim. sbnibs.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE Faeilirr
• \Vell 3
• Well SA
• WellUA
• Wen 1J
• Well 15
• Well 20
• WeU21
• \\fell _2
• Well 24
• Well 31
• Well 32
• Well 33
• Glen Ivy Reservoir
• .IDV R,ese.rvorr
• Aquilla, Booster
• Ch1.'1Se .Booster
• Had.on Hill!s Booster
• Kraft R.W:c:h Bo osier
• Maybe Canyon Booster
• Morita Booster
• Ontario Booster
• Serfas Club Booster
• Sie1:ra Be.lla Booster
• Eagle G1en Reservoir
• E.G. Zone 6 Booster
• E.G. Zone 5 Boos1:er
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SCOPE OF u-oRK rontinned)
City of Cor,ona Utili - Depal'tmeot
1\i ate1· F a,c:ilities
9865 Gieu.I-...yRd. 0.20
2I9 S foy 0.20
519 J,,,lapte St. 0 .20
HHB Cottonwood CT. ('-20
102 N. Lincom O.lf.11
2 5225 Matr.1 Rd 0.20
_4650 Glen Ivy Rd_ O.�O
40r5 Sierra Vis.ta. 0.20
204 Washburn Cir. 0 .. 20
2H N .. Buena Vista. 0.10
3822 Grant St (Home Gacdem 0.20
3822 Grant St. {Hom-e 1Gru-Jem) 0.20
8965 Glenfoy Rd.
10"36 Aquino Cir.
131:S E Chase Dr.
3440 BOl!I.We.riew Cude
1725 Oakridge Dr.
2643 Bmder Ave.
I 55 Morita Dr_
S 06 Ontario A,;.re_
1290 Serfas Ctub, Dr ..
2690 Hidden Hills \\ ay
1602 F a:in.vay Tu.
1602 Fairway Dr.
4255 Eagle Glen Pl..,ry
22 0.301
(UO
0-.20
0.20 0.20
0.20 0.10
0.2)
0..20
0 .. 10
0.50 0.20
0.2.0 (CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE • Hayden. ReseIVoir
• Yuma Res,ervon-
• TomBamesPRV
• YorbaPR.
• Old Wen Site
• Magnolia. PR Station
• .Lincoln. & Loma Momtor.ing Well
• 10 & LwoolnMoudorwg Wen
• R3WST
• SDORaw
Swpe o,fWork.-
\Veeldy: abate v;ceeds andremo1'e mbbish.
J 590 Nelson Ave_
Temesc.a1 CynltruTom Barues
Yorba Stree orth ofRa:iJ!road
0.20 0.50
o.rn
JA
Int,ersection- .. fagnolia & Leeson N/ A
Lincam & Loma 0-20
Souiliwesi Comer of I� and 020
Lincolu
000 Gan:etron NJA
1670 Montana Rarn:::h 0_2!0
�•CU.PJ:: u1•: WU.Kl§.., c-0ntinuffi)
City of Corona: L tility Departmem
Admini;stlrntion F acilitT
Faeilin-
• Corporation. Yard (C Smoking Ai:ea.
Scope .of Wbrk-._·
.Ad.d!1
1 ess
7:'.iS Publfr Safei}r ·11..T ay
\Veekl::,r: check miga1ion.. adJnst an.d/01: •repair as 11e,cessa1y, a:hate weeds., remme clippings and rubbish.
M:onthlF trim gi-mmdcover at i.valiks and drirveslramps; mmntain any new free supp-art/.lffilil--es_ Quartu]y: futilize groundcm.,er, trim sw:ubs_
Yearlr (fall): trim trees
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE SCOPE OF WORK· c,ontinu�d)
l. CO fl'RACTORLIABH.,ITY
.A.. All damage to existing improvements loc.ated within areas, and adjacent to areas under: Jm1Wfemwce replav. hich in the opinion of the Depa11ment are due to me Coutra.ctor's operntion, shall. be, reparired orc-ed at fue Contractor's expen,re wdh similarmaterials and wan ¥prnved mannei:.
B. Su.ch repairs a11d/or repfacement shall be perlomied by the Contractor at no cost to the City, and shall. be aocompfuh.ed as directed by the Departm-ent. Repair� hall be made immediately a:l'ier datnaa-e 01· alteration occm::i.. Deductions .s:hall be made from -the Cout:ractor's paynient w the amoun.t necessary to compensate the City fo:r such repairs in fu-e event snch repair work is done by City forces.
C_ Imgalion damage shall be :repaired or replaced within the folfow:mg ti.me lim.i.ts:
1. Maiiwine icriga:tron breaks shall be repaired 1,\ri.iliin _4 h01� .
2. All otih-er irrigation repau· and/01"replacemeutcsball be completed v.-ii.lh.in. one (1) working day_ D. All damages to ma. ground co,.-er. shmbs. •;.cw. � or trees shall be repaHed or :repl.a.oed within fure (5) worbngdays.
l . .Dam:age to mrf sb:aU be repaired by replacement v;i:th the appropriate variery of sod; reseeding shall nof be oo1]sidere.d as an adequate repaic..
2. Damage to ground 001. er shall be repaired by !'ep!acement with the app.ropriate variety• of plant matef:ia]_ Size and sp.a.c:ing shall be dete11nined by the Department. 3_ Damage to shrubs may be corrected by appropriate ptli.llllllg� however, if in. the opinion of the .Departmelllt the damage is se,;•ece, the shrub shall be .removed and replaced with a si.milar variety and size.
4. D:Jmage to trees ,:hall be repaired in Jhe follmv.ing m::mn.ec:
a. !vfin.or damage snch as bad. lost from me,charucal! equipment shal!l be remedied by a qoohlied Tree Surgeon or Al:borist.
b. If the damage result_;; in the loss of the tree; or, if in llie opinion of the Department fue damage .is sevei·e, the damaged t
ree shall be removed and !'epfaced with a .. imifar vmet"i a.ndlirae.
E. AU damage 0r esuttmg from chemical application. an· or operati.oa either by spray-drift, .improper application, JateraJ leaching, or other means, .dial] be oorrected w. acoorda.noe with the previous prov,isions and the soil coa.ditioned to ensure its ability to support plant. lire.
F. _!\]l work sh.all he .mspec:ted, verified, and complet.ed to ilie satisfu.ction. ofthe Department .. .2. REMO,TIG OBSTRUCTIOl'\ A_'\:I) l\lATh1K\-:A1"lCE OF EXJiSlfING IMPROYE�IE_ "ifS
A. 'i,1/1.iere there. is work. is to be constnJ.Cfed in, or adjacenrt to, areas. which have beeu i.mp:mved by lai.,rns. trees. shrubs. or gm-dens. the Contracto1r sh;:ill cemove Jc:h trees or plants as may be necessary for the proseculio1:1 of the work and give· 1ihem proper care and attention uutci!. ilie wod'.: has beeo satisfact01·iliy compJeted after wbi.c:h llie Contractor shall replace them .in. as nearly the 01igmal condition and l,ocation as is i-:e.aoonably possi.bie. Where it i.s Df'oess:uy to deposit t!he excavated Dlll!teri:ds on fawns during ilhe process oif cO!!IStntction, lhe--C-onn-actor shall fir,n laybuilap or Clill\ras on. tire lawn to prevent, contaot bem<een the excavated materiali and the la.'i!D..
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE B. .mess othenvire indicated .in the contract documents an tJtility lines, rnnduits, wires, or strnctures shall be maintained by the Contractor- and shall not be disturbed, disoonnected, or damaged bythem dnrmg the progress of the work provided, that, should the Contractor m. fue pet'.fomi� of fue work disturb, disconnect or d..=ge any of ilie above, all ex.pe:nse, arising from such disturbance, or in the ,i:eplacement or repair thereof, shall be borne by fue Co:utt.actor. Hoi.vever, in acoordanoe with Sec!ioo 4215 of the Cralifomia {fovenune11t Code, the Coulmctor shall! be compensa edfor the oo�t of localing and repairing damage to main O£ trunk line utility facilities !.ocated on ,the jobsite, not due to fue fuilure of the Contractor to exerc�e reasonable care; for costs of removing or retocaring such l!),tilit:y facilities not .indicated in the contrn.ct documents with re.asonable accuracy; MJ.d fur the operation cost for equipment on the-project. necessarily idled such. �oo:.
C. At le��st ni.•o worling day .. p_-rior to commencing any ex-cavat.i.on pnrsil.lilllt to this Contrnd. flhe Contra.ctor shall contact Undergt-olmd Seiv·oe Alert at (800) 4_2-4133 oc other appropriate regional notification cente:c if the e..�cai. ati.on will be oonducted in ru:i are,a ·which is knov;in, -0r reasonably should be knov;"'lll, to contain subsmface in.staifatio:ns_
3. �O. �-Th"TERFERE�CI.
Contr.ac.to.r shall note interfere wit-h fhe operations of the Utility Department. and shall condoct their operations so as to not in1pede the work and acuvitsie of the City staff Contractor shall not interfere wi1h the public use of 1he premises and shall con.duct their operations so as to oflh the least possibfe obstruction ;and inc:onverue011ee to the public, 11-or disrupt the peace and quiet of the atea within v,fuch the sen;•jces a1e petfo1med.
4. PARKilN"G
A. Contractor shall park his vehicle
.s and eqnipme.11t with.in designated parking areas or .in <;uch a loc.atcion to insure nomud -vehicu:Jar traffic.
B. The Contractor's vehi.des and equipment shall not be pa:d::e,d or et in such a manner that they block pede,;trian access Oif •.e.bicruar- right-Of-way except as re-qui:red to comply with all safety .standards, of OSHA or CAL-OSHA.
5. LITTER
A. Af!. areas ,_w the work sites shall be kept free of, but not funited to, th e followmg item.-,: bottles glass,
cam. paper. c,:.miboard. metallic it= . - and othel" debris on a v..-eekliy basi�.
B. C-out,racto.-shall promptly remove from fhe work area, all debris genern-te.d by their ped"onnanre_ fi. VS£ OF CHE1\HCALS
A. Coll!tra.ctor shall ,s,l!ibmrit a list. of all chemical. herbicides, pes:tic.ides, and mdenticides proposed for use under
chemicals
this contract for approval.bJ the Dep:utment. Materials indndedon this, li-n sllal!1 be limi.ted to approved.by the State of California Depamnent off ood and Agricul.ture, and shall inctl.'lde the exact brand name and ge,neric formufation. The. u.'!le of =y chemic-al on the list shall be based on the recomn.i'elldations of a. li.cem,,ed pest con-trn advi£or where required by hm.
Mat,erial Safety Data Sheets (MSDS) must be provided prior to award of oomoi-act. ?'o spray d1emieals or powdt>r cbemk:tl-. an� a.Uowedi in areas listed 011 "\Yater Fadlitie..; only pellet f91•medi d1eu1ka]s.
B.. The u:se o.f chemicals :shall confonn_ to, the cm.Tent Conn.y of Riverside Agrictllture Commissioner regalatfons. No chemical herbicide, rodenticide= or pesticide shall be appllied W1til its ure if! approl.ed, in v,;,ritin� by the Dep·artment as appropriate for the purpose and area proposed.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE DISEASE . .\.."\� PEST CO�TROL
A Contractoc s!hall re�l.ady inspect all l:mdscaped areas fO£ the pre-.:.1euce of disease, snail, i:rui!eC't or rodent imesration. The Comrncto-:r sha,ll adv:ii.e the Depa1tme,nt.,, i:n WI·iting, within four (4) days when any disease, snail, :insect � rodent infesta
tion is found; Ill= sha!ll identify th-e disease, snail,. i.nsect - or rnde.nt ru:id specify cot!ltrol merum:res to be taken. The Contracto:r shal!I. implemeut oontcrn1 measures, exercising exfre:mi:!· caution in the- appli.cation of all sprn.y lillilteri:tls dusts er othei:
matetials utilized.
B. Approved oonirot measures shall be contumed Wltil the disease, rn.a.il, in.;;,ect or rodent is oontroUed to the satisfuotion of tihe· Depamnent, Tue Contracto.r s.baU. utiliz.e aU safe.guards ne�11y duru1g disea;-.e, mtilL insect or .c-odent control operafiom; to ensure safety o.ftihe public arul the empfoyees of the Cot11kactors.
C. Contractor slrnll perform .ate fheir sole expense fhe followmg serrice.s:
I. All wock .i1:1nmlv� the l!JSe of chemi.cal:s w.iD be accomplished by a Stare of Catifomia li.i.ceosed pest, control operator. A written :
recommendati.o.n bj• a p=o!l!l posres.sing a. valid C..iW'ornia Pest Coutre-] Am•iser Lk:eme is re,qmued prior to, chemical application where required by law.
2. AU ahe-micals :reqi.,iring a special peimit fo.r UJJae must be registered by the Con!rador with tche Col!Ult) Agriculrural Conmiissionec', Office and a pea.nit obtained with a copy to lihe De,partru.eut p1ior to use.
3. A copy of all forms submitted to the County AgricnlluraJ. Commissionet· shall be given to lhe Department. Ol:l! il monthly basis.
4. .All 1ee:guliations and s:nety precautions listed in the "'Pe;:;ti,cide Jniormation and Safety :Manual" published by th.e University of Cahl'omia will be adhered to.
A. For the pntpo:se of these. specifications a wee,d will be ooMide:red as ".my unde�able or misplaced - plant".
B.. All areas 11vithw fue speci.fi.ed maintenance =.. indudmg but not limi.ted fo tud' grass, shrub and ground c-01.'ei: al:'eas. planters. t.ree welils. a.11d muds cape area,<; shall be keipt free of weeds at all times.
C. \Veed remova] sh.all consist of complete removal. of all weeds, including t.op growth and roots, as; the weeds appear.
D. W'eed control shall be perfonned a m.i.nimlilW. of one (l) time per week..
E. Bare areas between. p:limts shaU be culti,;.
r
ated by hand on a weekly basi� ..
F. \-Veeds shalil be oontcolled either by hand .mec'.hanical or che.mica] methods· howe·..-er, lhe Departmem may cestriot the use of chemical w;e,e,d conhd .in certaw areas,
9. IRRIGATIONI\IAD,"TENANCE _ ID REP.AIRS
Contractor shall mawtain all irrigation sy,�ei:us at no add�tioaal cost to the City in S1!lcll. a. way as to:
I. Gtw:antee proper cm,-erage. and foU working capabi:lity.
2. 1\,lake necessary adjlllStments to prevent o-verspra::,r o.r excessive rnnoff into street :right--of-v;ray:S or other areas 1wi intended to be irrigated,
3. Damaged llrigati.on c:aiused by the Contractor w
ill b� rep aired and/or i-eplaoed at lhe Con
r
u:at:to1-s.
expeose.
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE
4. Normal. wear and f(e.ar of i:rrigation vriil be repaired by the Contrac-tor and billed as additiorud servic--es. Any repair that exceeds $200_00 v;rill require p1'iO£ approval by a City of Corona al!l,thonz.ed represent�•e�
W. TURF GRASS CARE
A. Tw:f � Mo1,ving:
l _ Conliractoc "hall mow all tu.rf gi:·as-s with adequately sh:upened reel Of' rotary type mo, ecs as to p1'ovide a sni-ooth and eYen cut without teMmg of turf grass blade;;.
The blade adjmtm.ent shall provide a u:nifomi, leve.l cut without ridges, depressions_ Ot" sca1ping. 3_ AM mum season turf grM= (Be1mnda, St . .Angmtine and Kilmyu) shall be cnt with a reel type mower a
i
t a one (1) inch height thrnughout the yeM_
4_ Ml cool seaoo11tw:f gi·asses (Fe�ue, Bluegrass, and Ryegrass) sh.alt be cut at a two and one-half _ 1 _ inch height with a rotary type mower throughout the rear5_ Tw.'.f grass mowing heights may be adjnst.ed by the Dep:utment during periods of turf grass renovation.
6_ AH rod" grass dippings. shaH be picked up and t""eruoved to a legal dumping site prior to vac.ating the ,vod:: :.1.te after ,each mo
,,rmg.
7 _ Care shall. be exercised to, a.void depressions in the established grade fi:om mov.ring when the soil is salurnted.
B. Tut:f ·gra;;s edgin!!' and trim:rning
1 . Edging of turf grass shall be perl'o:nned with a power edger comaining a steel blade. 2_ Ml. tnrl' grass adjacent to sidelvalks, curbs, mo,r.viug trips,. shnw beds, and v.nere no impmve.d surfac.e elris,t.:;;, shall be edged m. a neat uniform line_ 3_ Trimn:nng of turf grass shan be perfurmed alo.ntg v;,alls and around valve boxes water meter boxes, backflow de\i-ioes .. trees, shrubs, or any structm:e-,, located wi.tbm the tu:rf grnss a.i:ea_ 4_ Tree tnmk prn.tec:t:ors shan be provided and installed, at no ,additional. cost to the City, when .sh:mg trimm-el' are utilized for trimming arnund! the base oftrees.. The City may allow a sixteen (1·6) inch diameter mnkh ring around trees to elimmaite oontmual string h'imming_ 5_ A fou:r (4) inch barren [$trip shall be provided, and maintamed, between mri' gr= �eas Ml.d adjacent ground cover_ Edgmg oftmfgrns.s and gronnd cover shall prov:ide uwfonn delineation adjacent to tibis ban-en strip_
16_ Trimming oif pfant ma,terial may be re.quired aronnd sprinkler.,. to provide maximum inig:JJhon oo,'erage
All. d.ippi:ngs and trimnw.JJgs sb.aU be removed. from the wo1-k site the same day work i.s:
pe.rfonn-ed and prio.r to a Contract.or vacating the work site.
8. After mowing and edging i.s completed, all adjacent waill..-i1;,rays and gutiters shall be swept deolll.
Tuii' Gras.s F eitilizlltion
l _ The tun grass shall be fertilized quartedy to provide a healthy and ,;,;i.goro11•,ly grow.mg mcf grass wilibr horticulrucall.y acceptable g:roi,vib and color, as cretermined by the Department CA\DD\02000.50102\10151745.3
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3. Fertilization shall !Je perl'otmed \llifu a bailanced fertihze.c, consisting of a 3-1-2 ra tio, at a rate of one 1) p-01.mcfofactu:d ilrogelllper l 000 sqcuare feet of area.
Contractor shall imme,diately irrigate after each fertilizer application.
4. Afl fertilizer applications shall be pe,1fu1med wifh properly cahb:rated equipment to provide a uniform application.
D. Tud'Gm� Reuovation
] . Afl wami seasou tud gra, mail. be renovaited rumuafly.
2. Reuovati.on sball consist ofaeratmg, vettirntting. th.aitch fetlloval and overseeding.
3. Co:lltractor shall notify the Departmeu,t, in wtiting, five (5) wor� days prior to any renovation operation. This written doc,ument shal!l include lhe follouring:
a. Location and exact date the renovation Vitill be performed. b. Type ofequjpni.eut and materials to, be us:ell
4. Co:lltractor shall 1:em.ove all renovation generated debris from fue work site· 11he day of the renovation operation. and prioc to vacating fue work site. a. Contractor sball cut all wami seas.on grasses to the soil line immediately before and after verticuttmg.
b. Contractor sh.ail] ,rertiout a!l.l. i.vrum. se.a.son tnrl" grass with a standard verticuttin!l :machine with
mches
vertic:nttmg blades one (l) ind1 apart which. penetrate 10 a minimum depth of hlio below fue soi] liine.
5. 0,.-erseerling shall be perfonned within two (2) ,clays after ,-erticutting with. properly calibrated seeders.
a. Warm :season auf grass shall be overseeded at a 1·ate of eight (8) pounds of seed per l.000 sqDMe feet. Certified Per:ennial Ryegrass shall. be used. Seed tags shall be provided to the Dep.utment
b. The o,,;;;erseed shall be covered ll,,,jfu one-eighth (1/8) inch of topper. The toppe.r ou1.s,"1: be approved by the Depmtment and not co:ntain Steer Manure..
6. Reseeding of bare spots hall be pecfonned conrumaJlly throughout the ye,;u- to re-estabiisih tmf to an acceptable (P.lality_
a. Reseeding m.al1 be perfotm-ed wi.fu certified lmf' grass seed . similar to ilie estab]i.shed turf at a rate of eight (8) pmmds per 1,000 c9!)Wl£e feet.
b. Seed sharl be topped i.vith one-ei.ghth ( l/8) inch of l:oppe:L The topper .must be approved by the Departmeat and shall noit oomam Steer Mam1re.
C. The Department i:nay reql!IU'e the use: of sod when deemed 1e1 cessary. The Cont0rac, tor shan he entitled to the wholesale cost of ilie oocl. onl.y pro ·ided the loss ofrurl gra.M wa.'i not due t,o the uegl!igence oftlie Con,t:rac::tor.
E. Tud" Gtau Iuigat,iou
I. AU 1mf' grag, shall be adeqt1ately- inigated to, maintain a !J.eaitby and atf0rnc1ti ·e app;earanice.
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2. In:igation mn-off and ovecsp:ray r.hall be, niriurirniz�d
3. \Vhere po-;i.sihle the turf gn1ss frrigation shaM be on a sep::.uare progJ.·am fro:m ofuer pi:ml mate11al.. irrigation.
4. Turl' grass shall be irrigated in a method which promotes deep :root gr,o\\rtn.
11. GROD1'<-'D co,"ER CARE
A. Ground co et'.· we low grov;iing plants that grow .in colonies 10 form. a ooli.d mat o er the surlace ,of the ground. The plants give a .flat or two-dim.ensioual. effect to the Landscape, such as but not limited to nrctotheca, gazania, vinca, low.ceca, ivy, trac:hefospenllll, and �me-ties of icephmt.
B. Ede:- i.n!!" and Trurunin2 of Ground Cove1·:
L Edging of ground oovea· we.as shall be performed monthly.
2. All ground cover adjacent to sidewalks, crn-bs, mm;•,ing ,trips, o:r v,•her,e no improved suri'ace exists shall be edged in a neat 1rnifumt line.
3. All ground cover shaH be comiimally trimmed at the drip line of all sl:iru:bs.
4. All ground cover shallr be oon.t.iimally t:rimmed along ,:valls; vah.-e bOXce.s, 1,vat.er mete:r boxes bacl:::flow devices, or othel: lrl11!1cinres located v.,j:thin the ground 001,;rec area as determined by the Department.
S. Trimming of ground cover may be required ai:onnd .spriwde:r-s to proYide maxinmm irrigation covttage.
6. All clippings and trimmings shall be removed from the work site the same day work is pedbrnred and p1io.r to the: Contrac'tN vacatiug- the \¥Ork site.
7. After edg;iug o.r trimming, the ·-0ntrnctor -'lltal1 sweep clean nil adjacent side,,ralks or gatte_rs_ C. Cnhtivation ofGi:-Olil!lld Cm,� Ai--eas:
The open. soil betweeuplants sb.all' be cultivated molJithly \We,r;e lh.e p,fon,tiug peon.its.
D. Renovation of Ground Cover A.reas:
Grnund cover piamings shall be thinned and pmned fot the health ofthe pl.anting and the appea:ra:nce of the site. o.r as required by the Depamn.eut.
E. Repla111iing of Ground C'-m'ft Areas:
I. Replaming shall be :required to maintain fhe conwm:ity of the grollllld co,ver- area.
2. Replacement material co,m ,shall be incun-ed by the City; hov.'t'vec, tabo:r shall b-e provided by lhe Contractor at no addiJioo.ai co , to the City.
F. Ground Covet· Ii�ieatiou:
] . All ground cev-e.r areas shalil be. ade()f"ll3tely irrigated to maintain a healthy and attractive appearance.
2. Irrigation mn-off - and 0'1ersp:ray sha[] be m iufrniz�d
3. Gmruw wve:r area.s shall be .im:gated in a .method i.vbich pmmo.tes deep root grcrn.--th.
G. Ground Cover Fertilization:
CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE L The ground coveai· shall be fertilized ql!Jafteriy fo provide a healthy and vigo:rousry gro,.,tmg gmund covec 1.vith horhcniti.u-aU:y acoepta:ble growth and appearance, as determined by t:h-e Department ..
Fertilizing shall be ped'ormed with a b.aianoed fertilizer, consim:ing of a 1-1-1 ratio, at a rate of one ( 1) pound aerual �i.trngen. per 1,000 square feet
3. C'miliractors slmU irum.ech:it-ely .irrigate after each fert.il.i2= application..
4. �,i\ll feitilize1 applicatiom shall be ped'01med v,ti.lh prnperly calibrated equipment to provide a uniform app,.li.cation.
5. Contrnctor shall notify the Department, in 1,vritmg, five (5) v."Odcing days prior to any fertilizer application. This i.vntten document shall include the foUm.ving:
a. Location. and ex.act date the fetfiliz.er applic.ation. ,'i'ill be perfonned. b. Type of.fertilizer and method of application to b-e us.�d.
12. SHRlHJ,CARE
A. P11ilWll� of Sbru.bs:
1. All ":bn!Jbs growillg in the work: ai;;eas shall be ptuned as detemlined by the Depanment to encourage healthy grmvth habits removal of dead or dam.aged m-anches, and maintain. natu,rai shape·_
biubs �hall' be pruned wifu shatp •pmnrng tools.
3. Sbrinbs shall be pru.n
ed quartedy, to pre ent encroacbment of passage ways, v;,aiks. st:reeti;,, and vie.1.r of sign">. Shrubs shall be tapered to provide irrigation oovernge a11d a11 aesthetically ple.asing fandocape.
4. Alt. prunmg cuts shall be one q11atte!' (1/4) inch abm·e a node (bnd). o project.ions or stubs shall be alfowed torem11in.
5. Contractor shall. remove all dippings the same day shn:ibbery is pruned and prior to vacating the work sit1ct
6. Pruning shall lte done to maw.rain a well1.,�oomed laced-out apperu'anoe and encm1rnge air moveme,nt through the sh.tub.
7. Shearing, hedging or s:evere pmning shaU 11Ct be petmitted without prior written permission from the Department
B. Shrub Fertilization:
1. Sbnibs shaU be ftttilizied as neoe-ssary to maintain ho1ticnl'iinrall y acceptable b.ealth and cofor_
2. Foliar fertilization may be pei.foaned when appropriate.
C. In:igation of Shrubs:
1 . �,i\ll shnibs $hall be adequately .irrigated to maintain a heal.thy and attncti,;.re appearance.
Irrigation :mn--0ff and overspray shall be mi uimiu•d
3. Shrubs shall be in:igaited in a method which promotes deep mot growth.
D. Shrub R.epl;icement:
CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE L All. d!amaged, disea-;;ed (lmtreatabJe) or dead shrubs shall be :replaced wi.1h lihe exacit same pecies and size ofpl.ant material th.at exined. Contr
ador shall be respousibl.e for the complete
removal and reptaoe.ment of shrubs lost due t.o the Contractor's faulty u1,,1intenanre or negligence,, as detemtin.ed by t!he Depmiment
Substimt.rons few any pJant materials mus.t ha, e prior Wfitten. appro1ral by the Depanm.ent.
3. Ot'igi.na1 pfam; and spe cifkati.ons shall be cons1.Jilted to detenni.ne cmrect identi:fiart:i.on of' species ..
4_ All sbmbs shall be guaranteed to li\'e and remain in a healthy condiition for no less than six (6) mOil!ths from the date of ins-tallation, in.,pection and veriffoation by tihe Depmtm.eut.
E. Care hall be fake4ll to pre, em s.ail buiM�up around the crown of shrubs..
B .. VTh"ICARE
A Vines and espalier plants sbal!l be checked i:-egulady ,and secnre.1. to the wall or support on a weekly basis.
B. • ine Trimming:
] _ All. vines. shall be trimmed a minimwn of eve,1y three months.
All • ines shaU be main.tamed so eucroacrunent into adj a-cent pede frian rigb.t-of-v.,·ay <ilirubs, ground co,.-er o:rpri�rate property is inhibited.
C. Vine Imirn:tion:
L All vines shall be irrigated to mainta:m a healthy and am-active appeMRnce.
2. Where possible the vine irrigati.001 shal!l be on a separate prog1am. from turt' grass.
3. Vines shall be irrigated in a method which promot,es deep root growili.
14. TREE CARE
l. Contractor sh.all be cespoosilile for all !Tee trimming induding the :removal ofpalm fronds and flower stalks 10 a height of twenty (20) feel.
2. Contrnc-lo:r shall pe:rfumi. n-e.e pnmmg to provide :a ,\fe]l.-gmom.ed, "laced ,out" appe-aranae for all. tr•e:es which encourages air movement through the tree canopy.
3. ."'11 trees in the wOJik ·re shall be maintained in. theu natural shapes. Th:is work shan be accomplished in a m.a.nner whid:l wiU ensure that each :indi'<ci.dual tree is tiimmed carefully to promote the t:ree:'
0 heal.th and appearance.
4L All w01;k shall be of the highest quality and perforuied! .in a-c.c.ordance. \villi approved pro.fessiona1 tree ttimming standards.
5. All ttees shaU be <:ontim1ally maintained free of all dead, d�eased and dam.aged branches b.ack foi the point of breaking. Cul$ llll.lJ,i be made flu,Jh with the collar to promote prop-et· healing. Pruning tools hall be adequately <:..hil!IJ)ened t.o provide clean cuts and shall be prop teriliz.ed ed- y
to reduce spread oidise.a.se.
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6. AU sucke:r gro'wihis to be rem.o ·ed from n:ees as it occurs.
7. Contractof" .shall m.awtain all b:ra.nclies li hic.h encroach si.dew-all:.s at � mumnum hei.ght of ten (10) feet clearance and a mini.mnm fowteen (14) foot d.earance fo:r branches ·which encroach beyond the cut"b l!ine .into ffie- street.
8. All b:rand.1es which em:rnach. over private propedy shall be remm,ed as difected. 9'. Conrtractor shall not rem.cne 0:1" disluro any tree central leader r.vithm1,t p.1imr written appro :-al from t,he Depai.
tment
R Tree Stalr�:
r. Contractor shal:L at no additional oost to fue City, stake and tsie aU trees which :req1.me suppott.
2. Tree sta!kes shall be pentachlorophe.ool treated, lodgepole pine not te � than eight feet (8') in leu&'h. Two (2) tree stak:ei: af'e required per lree.
3. Guy wires where required will. be of pliable zinc�coated ten gauge wire (three ties per tree , and! should have a white P.\ .C. sleeve for r,.;i.sibility.
4. Trees. shall be secured to •1akes with c
m.ch ties or equivalent Cantraclior shall. not us-e \.lftt·e andhose.
5. Sral..--es shall nDi be placed doser th:m ei.ghl (8) mche$ from. the rree trunk.
6. Stakes and ti.es shall he placed so ll.O, chafing of ha11k occu:rs and shan be chechd .freq-uent,iy, and re-tied a necessai:y, to pre"l.�t gii:dling.
C Tree Replacement:
] . Comractor shall be Fe.sponsi.ble· fur the complete 1emoval and replacement of trees lost d'l!le to ilie Contracwr's fuutty maintenance or nsegl.ige-nce, � deteunined by the Deparnnem. a. Repfa:c.ement shail.1 be made by the wodcsite C-0nfrnc , tor with the kind and me determined by the Depa.1.1menL
b. Vi/here thece is a dif
difference
ference in vall!Je be.tween the tree lost and the replacement tree, this ,vil:l be de.duded from the Contractors paj'lll.ellt.
c. In all cases the value of tile tee� lost v.ill be detemrined by llie Department_. using fue latest j\merican Shade Tree Confheuae guidelines fm· value determination.
2. Downed tree.;;, due to any cause, shall be remo ·e.d and the stump yound fo a ,depdi of 12' and re-filled the same day of iclentificati.on. or notifk:atioillL
3. Trees lost from causes other than ihe Coutrndor's negligence shall be repfaced by the Couirndor with a nfleen (1S) gallon size n·ee and billied a,,: 'Additional Worlc". Tue Deparlm.ent, may specify a species o:f tree for replaoemeot different from fue one lost.
D. Fertili:zation:
Com,t"actor shall fertilize tre.es as nece�sm:y t.o ll!l.3.intaiuhortic:ulturaUy acceptable health and color.
E. Tree Infaatio.n::
l . All. trees shall be adequately irrigated to nmima.i.n a healthy and a.tmmtive appearn.m::e.
2. In�aition run-off :and oveu;p:ray shall bP mjni•uiz,ed.
CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE
3. Trees shall be irrigated in a method tihatpmm-0tes deep rootgrma,"ilL l:5. GREE..."'i" '\YA.STE DISPOS.-\L
A. Gteen ·waste. Bh.a,ll ·tre efured as tree and mu.uobe.ry trinunings, grar.J,. weeds Iea, es, woodchips and othec garden org:anic mat,eri.at�.
B. Conlracto,:r shaH be .respomible for :recycling all green 1,.vaste geu&ated from their contract perfunnan.c-e.
1. Contracm1· sha:U have the duty to keep alJ green waste from being c-onrammate.d to an extent it no fonge,r can. be recyded_
Con1rador .:h.,�I] �.live:r all eree-n 1,l'aste to a city approved rec]mnation site .fur the prnp-oses of recyding.
3. Contractor shall submit a n1ouruly repoi:t, ideutifywg tile v.oeight and/or volume ofgreenw.�-..ie recyded during the preceding month.. Payment of maintenance invoice ,vill not be made wm1 green. waste monthly report is completed aud re�ei,red by the Department
16. GEl',---:E-RAL L"LEA:.'--UP
A. Trnsh R.emo,,al Remove all traJ:-.h and accumulate<l debt.is ft:om fue work tes. In addition, dog fee� are also to be removed. from the wall'""\vays., mif or ground cover are.iS.
B. Curb and Guttei:- . famtenan.c-e. The ontrncto:r is respom-ibie for rem.oval of all ,,."eeds and grass growmg in and around the cmb and gutte.r area. The C
ontract« .is resporn;ibl.e to insuf:e fhe_ road\>,;,ay
is cleared of all di11 aud debris within four 4
maintenance
feet : of the cmb aml gutta- in all areas adj ac.ent to re;;ponsibi!:ities_
C. Wall..'Vi'av Maintenan-cet Walkway" shall be cte,aned immediateiry fullo,wwg mo.ving aud erlgin: g and deaned by use of po1we-:r sweeping o:r blower equipment not less thau. once per week. This i:ndnde removal of all foreign objects from sm:faces sud:1 as gum, dog feces, grease and paint. All wall:::i,;ray cracks and : expansion joi.uts shaJrl be. ahvays maintained weed and grass free'- E Dr.mi Maintenance. lUl! drnws md catch basros shaU be always. kept free of siltation. and dehri�- l . All v-d
i
tches and drainage areilii slral.ll be kept dean and edged weekly by the Contrncto:r.
F. Removal o.fLeaves. Accumulation of leaves .sh..in be removed from. all areas not less tmm once per W'eek.
G. Removal of Damaged PlMt : Material. All dead, damaged, declining, haz:n:dous or broken pi.mt material. (trees shrubs, .. ines, grnund co ·e:r, md) wheth.e:I"- a i;esnl!t of the Contractor's .negligence O:r an Act of God sh:di be i:-e-moved by the c'Ofilractar at nu additional c01st to the ity.
CA\DD\02000.50102\10151745.3
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33 (CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4884A-C545-4181-8123-626C8139A3CE EXIDBIT "B"
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City's Representative.
This agreement may be extended with the following option term renewals:
• Option 1, if exercised, shall be effective July 1, 2025 through June 30, 2027 • Option 2, if exercised, shall be effective July 1, 2027 through June 30, 2029 Option year extensions shall become effective only upon issuance by the City of a duly authorized Purchase Order.
CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE EXHIBIT "C"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
Line Item Item Description
1 Water Reclamation Facility No. 1
2 Water Reclamation Facility No. 2
3 Communication Site Grape Hill Tower
4 Canmunication Site Eagle Glen
5 Water Reclamation Facility No. 3
Soccer Fields
6 Srerra de! Oro Lift station
7 Smith & Rtncon Lift Station
8 Yuma Lift Station
9 McKinley Lift station
10 Bedford Cyn. Lift Station
11 Gilbert Reservoir
12 Green River WTP
13 Lest er WTP
14 KeithWST
15 Ion Exchange Treatment Plant
16 Sierra Del OroWTP
17 Temescal Desalter
18 WeH7A
19 WeH9A
20 Well 11
21 WeH 14
22 Well 19
23 WeH25
24 WeB27
CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019
Unit Of Measure QTY Unit Price Total
Monthty Cost 12 $1,400.00 $16,800.00
Monthfy Cost 12 $450.00 $5,400.00
Monthty Cost 12 $100.00 $1,200.00
Monfhty Cost 12 $100.00 $1,200.00
Monthty Cost 12 $100.00 $1,200.00
Monthly Cost 12 $150.00 $1,800.00
Monthly Cost 12 $100.00 $1,200.00
Monthty Cost 12 $100.00 $1,200.00
Monthty Cost 12 $100.00 $1,200.00
Monthly Cost 12 $100.00 $1,200.00
Monthfy Cost 12 $400.00 $4,800.00
Monthly Cost 12 $350.00 $4,200.00
Monthly Cost 12 $300.00 $3,600.00
Monthty Cost 12 $300.00 $3,600.00
Monthty Cost 12 $75.00 $900.00
Monthty Cost 12 $975.00 $11,700.00
Monthty Cost 12 $375.00 $4,500.00
Monthly Cost 12 $200.00 $2,400.00
Monthly Cost 12 $100.00 $1,200.00
Monthty Cost 12 $100.00 $1,200.00
Monthly Cost 12 $100.00 $1,200.00
Monthfy Cost 12 $100.00 $1,200.00
Monthty Cost 12 $100.00 $1,200.00
Monthly Cost 12 $100.00 $1,200.00
(CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE Line Item Item Description
25 Well28
26 Well29
27 Border Reservoir
28 Border Reservoir
29 Jameson Reservoir
30 Cresta Verde Booster
31 Payette Booster
32 Border Booster
33 Cresta Verde Reservoir
34 Well 3
35 Well&\
36 Well 12A
37 Well 13
38 Well 15
39 Well20
40 WeU 21
41 Well22
42 Well24
43 Well 31
44 Well32
45 Well33
46 Glen vy I Reservoir
47 POV Reservoir
48 Pquino Booster
49 Chase Booster
50 Harfon Hills Booster
51 Kraft Ranch Booster
CA\DD\02000.50102\10151745.3
REV. 3-3.6 - PTEAM 04302019
Unit Of Measure QlY Unit Price Total
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $250_00 $3,000_00
Monthty Cost 12 $250_00 $3,000_00
Monthly Cost 12 $250_00 $3,000_00
Monthly Cost 12 $100_00 $1,200_00
Monthliy Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $175_00 $2,100_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $175_00 $2, 100_00
Monthly Cost 12 $175_00 $2,100_00
Monthly Cost 12 $100_00 $1,200_00
Moo th ly Cost 12 $150_00 $1,800_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
Monthly Cost 12 $100_00 $1,200_00
36 (CITY ATTY: 07-17)
DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597 DocuSign Envelope ID: A3A4BB4A-C545-41B1-B123-626C8139A3CE Line Item I Item Description Unit Of Measure QlY Unit Price Total 52 Mlybe Canyon Booster Mo11thly Cost 12 $100_00 $1,200_00 53 lvbita Booster Monthly Cost 12 $100_00 $1,200_00
54 Ontario Booster Monthly Cost 12 $100_00 $1,200_00
55 Serfas Club Booster Monthly Cost 12 $100_00 $1,200_00 56 Sierra Bella Booster Monthty Cost 12 $100_00 $1,200_00 57 Eagle Glen Reservoir Monthly Cost 12 $100_00 $1,200_00 58 E G_ Zone 6 Booster Monthly Cost 12 $100_00 $1,200_00 59 E G_ Zone 5 Booster Mmithli
y Cost 12 $100_00 $1,200_00
60 Hayden Reservoir Mo11thly Cost 12 $100_00 $1,200_00
61 Yuma Reservoir Monthly Cost 12 $150_00 $1,800_00
62 Tom Barnes PRV Month (y Cost 12 $100_00 $1,200_00
63 Yorba PRV Monthly Cost 12 $100_00 $1,200_00
64 Old Well Site Monthly Cost 12 $100_00 $1,200_00
65 Mlgnolia PRV Statton Monthly Cost 12 $75_00 $900_00
66 Lincoln & Lorna Monitoring Wefl Monthly Cost 12 $100_00 $1,200_00 67 10 & Lincoln Monitoring Well Monthly Cost 12 $100_00 $1,200_00 68 R3WST Monthly Cost 12 $75_00 $900_00
69 SDO Raw Monthly Cost 12 $100_00 $1,200_00
70 Corporation Yard ( CY) Smoking hea Monthly Cost 12 $500_00 $6,000_00 71 Irrigation Speciafist (Hourly Rate) Per Hour 1 $70_00 $70_00 72 Laborer (Hourfy Rate} Per Hour 1 $40_00 $40_00
73 One-Gallon Plant Each 1 $13_00 $13_00
74 Five-Gallon Ptant Each 1 $35_00 $35_00
75 Ten-Gallon Plant Each 1 $70_00 $70_00
76 Flfteen-GaUon Plant Each 1 $95_00 $95_00
77 15 Gallon Tree with Stakes and Ties Each 1 $175_00 $175_00 78 Ground Cover from Flats Flat 1 $35_00 $35_00
79 Bark Mutch (Per Cubic Yard) Cubic Yard 1 $65_00 $65_00 IT otal Costs $12,598-00 $144,598_00
No price increases will be permitted during the initial contract term. All price decreases (for example, if Contractor offers lower prices to another governmental entity) will automatically be extended to the City. Increases will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index "All Urban Consumers" for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. Price increase requests require a minimum of thirty (30) days advance written notice for consideration and approval by City.
CA\DD\02000.50102\10151745.3
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DocuSign Envelope ID: EF01BC96-819D-420E-B057-16B19CAC3597