Draft Agreement for Landscape Maintenance Services, West.pdf — Moreno Valley City Council, May 6, 2025

Revision: 05/28/2024

City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES

This Agreement is made by and between the City of Moreno Valley and Moreno Valley Community Services District, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Mariposa Landscapes, Inc. a Corporation, with its principal place of business at 6232 Santos Diaz St. Irwindale, CA 91702, hereinafter referred to as the “Vendor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Vendors;
B. Vendor desires to perform and assume responsibility for the provision of professional landscape and irrigation maintenance services required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing professional landscape and irrigation maintenance services and is licensed in the State of California, if applicable;

C. City desires to engage Vendor to render such services for the landscape and irrigation maintenance services as set forth in this Agreement;
D. The public interest, convenience, necessity, and general welfare will be served by this Agreement; and
E. T h i s A g r e e m e n t i s m a d e a n d e n t e r e d i n t o e ﬀ e c ti v e t h e d a t e t h e C i t y s i g n s t h i s Agreement.

TERMS

1. VENDOR INFORMATION:

Contractor’s Name: Mariposa Landscapes, Inc.

Address: 6232 Santos Diaz St.

City, State, Zip: Irwindale, CA 91702
Business Phone: 626-960-0196
Business License Number: 16607
Federal Tax I.D. Number: 95-4245898

Revision: 05/28/2024

2. VENDOR SERVICES, FEES, AND RELEVANT DATES:

A. The Vendor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from July 1, 2025 through June 30, 2030 unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Vendor’s requests for extensions of time in which to complete the work required. The Vendor shall not be responsible for performance delays caused by others or delays beyond the Vendor’s reasonable control (excluding delays caused by non -performance or unjustiﬁed delay by Vendor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Vendor.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Vendor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Vendor or his/her/its employees.

B. Intent of Parties. Vendor is, and at all times shall be, an independent Vendor and nothing contained herein shall be construed as making the Vendor or any individual whose compensation for services is paid by the Vendor, an agent or employee of the City, or authorizing the Vendor to create or assume any obligation or liability for or on behalf of the City, or entitling the Vendor to any right, beneﬁt, or privilege applicable to any oﬃcer or employee of the City.

C. Subcontracting. Vendor may retain or subcontract for the services of other necessary Vendors with the prior written approval of the City. Payment for such services shall be the responsibility of the Vendor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered.

Vendor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].

D. Conformance to Applicable Requirements . All work prepared by Vendor shall be subject to the approval of City.

E. Substitution of Key Personnel . Vendor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should Revision: 05/28/2024

one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timel y completion of the project or a threat to the saf ety of persons or property, shall be promptly removed from the project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Terry Noriega.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Vendor’s Representative. Vendor hereby designates Terry Noriega, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement.

The Vendor’s Representative shall supervise and direct the services, using his or her 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.

H. Legal Considerations. The Vendor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with services. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor 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.

I. Standard of Care; Performance of Employees . Vendor 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. Vendor represents and maintains that it is skilled in the profession necessary to perform the services. Vendor warrants that all employees and subcontractor shall have suﬃcient skill and experience to perform the services assigned to t hem. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualiﬁcations and approvals of whatever nature that are legally required to perform the services and Revision: 05/28/2024

that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Vendor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of t he 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 Vendor and shall not be re-employed to perform any of the services or to work on the project.

J. Vendor Indemniﬁcation. Vendor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their oﬃcers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Vendor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signiﬁes that the Vendor is not covered under the City’s general liability insurance, employee beneﬁts, or worker’s compensation. It further esta blishes that the Vendor shall be fully responsible for such coverage. Vendor’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, the Moreno Valley Housing Authority, and the CSD, and their oﬃcers, agents and employees.

K. Additional Indemnity Obligations . Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their oﬃcers, agents and employees. Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their oﬃcers, agents and employees as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the c ost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their oﬃcers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their oﬃcers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. CalPERS Retiree Disclosure . Vendor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Vendor who are retirees under the California Public Employees’ Retirement System Revision: 05/28/2024

(CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by Vendor to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

M. CalPERS Indemnity . To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, Vendor shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

N. CalPERS Participation. As set forth in this Agreement and in the Request for Qualiﬁcations, City has an obligation to treat all persons working for or under the direction of Vendor as an independent Vendor of City and agents and employees of Vendor, and not as agents or employees of City. Vendor and City acknowledge and agree that City participates in a deﬁned beneﬁt plan (“CalPERS”), and that it is possible that CalPERS may ﬁnd that persons providing services pursuant to this Agreement are employees o f City and should be registered with the CalPERS as employees of City.

O. Civil Code Section 1542 Waiver . Vendor expressly waives any and all rights and beneﬁts conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially aﬀected his or her settlement with the debtor or released party.”
This waiver shall be eﬀective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under CalPERS that are only aﬀorded to employees and not independent contractors. Vendor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualiﬁed attorney before executing this Agreement.

P. Joint Cooperation . In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, Vendor shall reply within ﬁve days and share all Revision: 05/28/2024

communications and documents from CalPERS that it may legally share. In the event that either Vendor or City ﬁles an appeal or court challenge, Vendor and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

Q. Insurance Requirements. Throughout the life of this Agreement, Vendors shall pay for and maintain in full force and eﬀect all insurance as required.

If at any time during the life of this Agreement or any extension, Vendor or any of its subcontractors fail to maintain any required insurance in full force and eﬀect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Vendor shall be withheld until notice is received by City that the required insurance has been restored to full force and eﬀect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be suﬃcient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Vendor of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notiﬁcation received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

The fact that insurance is obtained by Vendor shall not be deemed to release or diminish the liability of Vendor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemniﬁcation to be provided by Vendor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Vendor, its principals, oﬃcers, agents, employees, persons under the supervision of Vendor, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them.

Upon request of City, Vendor shall immediately furnish City with a complete copy of any insurance policy and associated documentation required under this Agreement, including all endorsements, with said copy certiﬁed by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

Where determined applicable by the City, Vendor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualiﬁed to conduct business in the State of California.

Minimum Scope of Insurance: Coverage shall be at least as broad as:

Revision: 05/28/2024

1. The most current version of Insurance Services Oﬃce (ISO) Commercial General Liability Coverage Form CG 00 01 covering on an “occurrence” basis, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" wi th coverage for premises and operations, products and completed operations, and contractual liability.

2. The most current version of Insurance Service Oﬃce (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers' Compensation insurance as required by the State of California, California Labor Code and Employer's Liability Insurance, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) insurance appropriate to Vendor’s profession.

Minimum Limits of Insurance:
a. General Liability Insurance. Without limiting the generality of the forgoing, to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suﬀered or alleged to be suﬀered by any person or persons whomever, resulting directly or indirectly from any act or activities of the V endor , sub-contractor, or any person acting for the Vendor or under its control or direction. Such insurance shall be maintained in full force and eﬀect throughout the terms of this Agreement and any extension thereof in the minimum amounts provided below:
• $1,000,000 per occurrence for bodily injury and property damage • $1,000,000 per occurrence for personal and advertising injury • $2,000,000 aggregate for products and completed operations • $2,000,000 general aggregate
b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage c. Employer's Liability (Worker's Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit
Revision: 05/28/2024

d. Workers' Compensation insurance policy: In such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Vendor and the City, HA, and CSD against any loss, claim or damage arising from any injuries or occupatio nal diseases happening to any worker employed by the Vendor in the course of carrying out this Agreement. Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Vendor and its insurer shall waive any right of subrogation against City of Moreno Valley, CSD, Housing Authority and each of their oﬃcers, oﬃcials, employees, agents and volunteers. e. Professional Liability (Errors and Omissions): Limits of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
f. Endorsements. Unless otherwise speciﬁed hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A,VII and shall be endorsed with the following speciﬁc language:
• The insurer waives all rights of subrogation against the City, its appointed oﬃcials, oﬃcers, employees or agents.

Other Insurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
a. City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority and each of their oﬃcers, oﬃcials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection aﬀorded to City, CSD, Housing Authority and each of their oﬃcers, oﬃcials, employees, agents and volunteers.

All polices of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after 30 calendar day written notice by certiﬁed mail, return receipt requested, has been given to the City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Vendor shall furnish the City with a new certiﬁcate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, Vendor shall provide a new certiﬁcate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- Revision: 05/28/2024

VII" in Best's Insurance Rating Guide; or authorized by the City Manager or designee.

Veriﬁcation of Coverage: Vendor shall furnish City with all certiﬁcates(s) and applicable endorsements eﬀecting coverage required hereunder. All certiﬁcates and applicable endorsements are to be received and approved by the City Manager or designee prior to City’s execution of this Agreement and before work commences. The following applicable endorsements will be required:

1. Additional Insured endorsement for ongoing operations, completed operations and primary & non -contributory endorsement for general liability coverage

2. Additional Insured endorsement for auto liability coverage

3. Waiver of Subrogation for workers compensation coverage R. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Vendor in the course of performing or otherwise as a result of its work, shall become the sole property of the C ity unless explicitly stated otherwise in this Agreement. The Vendor may retain copies of any and all material, including drawings, documents, and speciﬁcations, produced by the Vendor in performance of this Agreement. The City and the Vendor agree that to the extent permitted by law, until ﬁnal approval by the City, all data shall be treated as conﬁdential and will not be released to third parties without the prior written consent of both parties.

S. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, Agreements, or representations of warranties, expressed or implied, not speciﬁed in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modiﬁed or amended only by a subsequent written Agreement signed by both parties.

Assignment of this Agreement is prohibited without prior written consent.

T. Termination. The following clauses apply:

1. The City may terminate the whole or any part of this Agreement at any time without cause by giving at least t en (10) da ys writt en notice t o the Vendor. The written notice shall specify the date of termination. Upon receipt of such notice, the Vendor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Vendor within thirty (30) days after receiving any invoice after the date of termination for all non - objected to services performed by the Vendor in accordance herewith through the date of termination.

Revision: 05/28/2024

2. Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Vendor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.

3. If this Agreement is terminated as provided herein, City may require Vendor to provide all ﬁnished or unﬁnished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within ﬁfteen (15) days of the request.

4. 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, similar to those terminated.

U. Payment. Payments to the Vendor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Vendor. Vendor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Vendor shall maintain adequate records to permit inspection and audit of the Vendor’s time and materials charges under the Agreement. Such records shall be retained by the Vendor for three (3) years following completion of the services under the Agreement.

V. Restrictions on City Employees. The Vendor shall not employ any City employee or oﬃcial in the work performed pursuant to this Agreement. No oﬃcer or employee of the City shall have any ﬁnancial interest in this Agreement in violation of federal, state, or local law.

W. Choice of Law and Venue . The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

X. 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:

Vendor:

Mariposa Landscapes, Inc.
6232 Santos Diaz St.

Irwindale, CA 91702
Attn: Terry Noriega, President
Revision: 05/28/2024

City:

City of Moreno Valley
14177 Frederick Street
P .O. Box 88005
Moreno Valley, CA 92552
Attn: Special Districts Division

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, regardles s of the method of service.

Y. Time of Essence . Time is of the essence for each and every provision of this Agreement.

Z. City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with this project.

AA. Amendment; Modiﬁcation. No supplement, modiﬁcation, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

BB. 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, such attempted assignment, hypothecation or transfer.

CC. Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by Ve ndor for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conﬂicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conﬂict with these provisions. Deﬁnitions used in these provisions are as contained in the General Conditions.

1. Vendor shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event Vendor violates or breaches terms of the Agreement.

2. City may terminate the Agreement for cause or for convenience, and Vendor may terminate the Agreement, as provided the General Conditions.

Revision: 05/28/2024

3. Vendor shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by City and/or subcontracts in excess of $10,000 entered into by Vendor.)

4. Vendor shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)

5. Vendor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

6. Vendor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).

7. Vendor shall observe C ity requirements and regulations pertaining to reporting included in the General Conditions.

8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the City.

9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the C ity. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.

10. Vendor shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Vendor which are directly pertinent to that spe ciﬁc contract for the purpose of making audit, examination, excerpts, and transcriptions.

11. Vendor shall retain all required records for three years after City makes ﬁnal payments and all other pending matters relating to the Agreement are closed.

12. Vendor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This Revision: 05/28/2024

provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)

13. Vendor shall comply with mandatory standards and policies relating to energy eﬃciency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).

DD. Authority To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connecti on with the eﬀective execution by him or her have been obtained and are in full force and eﬀect as of his or her execution hereof.

SIGNATURE PAGE TO FOLLOW

Revision: 05/28/2024

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley and Moreno Valley
Community Services District

Mariposa Landscapes, Inc.

By: By:

Title: Brian Mohan, City Manager Title: (President or Vice President)

By: Date:

Title: Brian Mohan, City Manager, Acting in the
capacity of District Manager to the
Moreno Valley Community Services
District

Date:

INTERNAL USE ONLY
ATTEST:

City Clerk
(only needed if Mayor signs)

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Department Head
(if contract exceeds 15,000)

Date

By:

Title: Corporate Secretary or Assistant
Secretary

EXHIBIT A – SCOPE OF WORK – Page 1 of 39

EXHIBIT A – SCOPE OF WORK

LANDSCAPE MAINTENANCE

1. GENERAL PROVISIONS
A. The work to be performed under this agreement shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape, irrigation and appurtenant maintenance services within the boundaries of the various City landscape maintenance districts, zones , or City responsible landscape areas as determined in the resolutions or agreements of the City Council and/or Community Services District Board establishing said landscape maintenance, zones, or City responsible landscape areas and as said boundaries may have been heretofore or may be hereafter amended, and as more particularly shown on the Location Map or Maps included herein and as may be amended during the term of this Agreement.

B. The Contractor shall have the duty to: mow, edge, trim, and fertilize turf, groundcover, and shrub areas designated hereunder; regularly maintain and prune those portions of trees up to eighteen feet (18’) in height; remove litter and debris from all sites as required under this a greement; provide general pest control services as requested, including but not limited to weeds, insects, vertebrate pests, and diseases; maintain irrigation systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning; complete and submit required reporting forms as provided herein or as may be added from time to time; and submit invoices in a timely manner and in detail by and for each landscape area to include specific reference to WQB ID, Median ID, Tract ID, LMD zone or CFD area for which work was completed.

C. All work shall be performed in accordance with usual and customary horticultural practices to achieve, and maintain healthy, viable landscapes. The Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director" will periodically inspect all the operations and approve or reject the work performed, and methods or materials used, and make changes in the work scheduling.

D. The Contractor shall be responsible for carefully reviewing the site(s), and verifying the square footage noted for each location of proposed work included in the Proposal. The Contractor shall not be relieved of his/her/its liability under this agreement, nor shall the City be held liable for any loss sustained by the Contractor for any variance between conditions as referred to herein and the actual conditions revealed during the examination of the locations of the proposed work.

E. All work shall be performed in accordance with the p rovisions of this agreement and in accordance with an approved service schedule, as approved by the

EXHIBIT A – SCOPE OF WORK – Page 2 of 39

Director. Service schedules may be modified with 30 days advance written notice by the City.

F. Failure to adhere to comply with any provisions included herein may result in the assessment of non-performance penalties per Exhibit C.

G. All equipment used in the performance of work under this agreement shall be compliant with the current regulations of the California Air Resources Board.

2. TURF CARE
A. All turf areas shall be mowed, edged, and trimmed per the Frequency of Services Table, as set forth in Exhibit E, Schedule II. Should weather and/or site conditions preclude the normally scheduled frequency of this service during any month, or portion thereof, the maintenance schedule shall be modified at the discretion and approval of the Director.

B. At the discretion of the Director, turf areas may be mowed with mulching- type mowers of a type acceptable to the City.

C. All mowing and edging equipment shall: be in proper working order; have blades properly sharpened, balanced, and aligned; be thoroughly cleaned of all excess clippings, soil, and debris prior to move-in at each site.

D. All clippings, soil, and debris generated by mowing and edging operations shall be immediately collected, removed from the site, and disposed of in a legal manner. For the purposes of this Specification the term "site" shall include, but is not limited to, appurtenant hardscaping, sidewalks, curbs and gutters.

E. Machines operating on turf known to have a disease, fungus, or insect infestation shall be sterilized with a five percent (5%) chlorine bleach, and water solution prior to move-in to any other site.

F. Mowing height for cool season grasses shall not exceed three inches (3”) maximum, or two inches (2”) minimum, and shall be adjusted within these parameters on a seasonal basis.

G. Mowing height for warm season grasses shall not exceed one and one- half inches (1½”) maximum, or three-quarters of an inch (¾”) minimum, and shall be adjusted within these parameters on a seasonal basis.

H. All turf borders shall be cut with a vertical blade edger. Use of string trimmers to perform this task is not acceptable.

I. Trimming around turf appurtenances (i.e., valve and meter boxes, backflow devices and controller enclosures, sprinklers) may be accomplished with use of string trimmers.

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J. Whenever trees occur in turf areas, a twelve-inch (“12”) ring of grass shall be removed from around the trunks to protect the crowns from mechanical damage.

These rings shall be maintained in a clean, weed free condition.

K. Thin areas in turf shall be resodded or reseeded as necessary to prevent invasion of weeds.

L. Fertilization. See Fertilizer Use.

M. Pest Control. See Pesticide Use.

N. Aeration. All turf areas shall be aerated per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director.

1. Aeration equipment shall be of the hollow tine type. The tines shall have a minimum diameter of one- half inch (½”), and a penetration depth of at least two inches (2”). There shall be no more than six inches (6”) between tines; Areas to be treated shall be adequately irrigated prior to treatment to allow maximum tine penetration.

2. Any soil cores remaining on the turf surface two (2) week after treatment must be removed.

3. Humus base fertilizer is to be applied directly following spring and fall aeration operations.

4. Renovation/thatching and additional aeration operations are to be considered Additional Work, per Exhibit C.

3. TREE CARE
A. All trees are to be maintained in a manner that will promote normal, healthy growth.

B. The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703- 713 and the California Department of Fish and Wildlife Code Sections 3503, 3503.5, and 3513.

C. For the purposes of these Specifications, trimming, pruning, and pest control operations for those portions of trees greater than eighteen feet (18’) in height is to be considered Additional Work, per Exhibit C.

D. Whenever site conditions permit, trees are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and tree survival. All tree trimming/pruning shall be done in conformance with ANSI A300 (Part 1)-2017 (or most current revision); safety requirements will be per ANSI Z133- 2017 (or most current revision) standards, and the most

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current version of the City’s Tree Management Administrative Procedure AP#

2.14. E. Trees shall be pruned to:

1. Remove dead, diseased, or damaged branches;

2. Remove unwanted encroachments into the public and/or utility rights -of- way;

3. Correct any condition, which the Director has deemed to be hazardous.

F. Portions of trees up to eighteen feet (18’) in height shall:

1. Be pruned to enable successful adaptation to their particular site situation;

2. Have no more than one-third (1/3) of living branches removed annually;

3. Be fertilized only as directed by City field staff.

G. Portions of trees over eighteen feet (18’) in height shall:

1. Be inspected annually;

2. Pruned and/or trimmed as necessary to maintain proper site orientation;

3. Be p runed and/or trimmed as necessary to remove unwanted encroachments into public, and/or utility rights-of-way;

4. Be pruned and/or trimmed as necessary to correct any condition, which the Director has deemed to be hazardous;

5. Pruned to remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.

H. Pruning tools shall:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any tree known to be diseased.

I. The following practices shall not be allowed:

1. Internodal cuts of any kind (a.k.a. "stubbing", "shearing", "tipping", "topping").

2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.

3. Use of pruning paint/pruning compound/wound dressing.

4. Use of climbing spurs or gaffs.

J. All prunings/trimmings and debris generated by pruning operations shall be immediately removed from the site, and disposed of in a legal manner.

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K. Trees shall be staked/guyed in a manner, and with materials that are acceptable to the Director. Double staking with two (2) lodge pole-type stakes is the minimum City standard.

L. Tree stakes , tree ties, and guy wires shall be inspected regularly to ensure against girdling and abrasion, and removed as soon as possible after tree establishment, and site conditions allow.

M. After the stump grinding is complete, the area shall be backfilled with the grindings 2” above level.

N. Pest Control. See Pesticide Use.

4. SHRUB CARE
A. All shrubs are to be maintained in a manner that will promote normal, healthy growth.

B. For the purposes of these Specifications, shrubs are defined as any multi - stemmed/low branching woody plants whose height at maturity is not less than one foot (1’), or greater than ten feet (10’).

C. Whenever site conditions permit, shrubs are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and plant survival.

D. Shrubs shall be pruned and/or trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director, to:

1. Remove dead, diseased, or damaged branches.

2. Remove unwanted encroachments into public and/or utility rights-of-way.

3. Correct any condition which the Director has deemed to be hazardous.

E. Shrubs shall be pruned in a manner that will:

1. Enable successful adaptation to their particular site situation.

2. Follow the maturation of the leaves/needles of the first seasonal growth flush, unless accepted practices for a particular species (i.e. roses) dictate otherwise.

F. Pruning tools must:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any shrub known to be diseased.

G. The following practices are not allowed:

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1. Internodal cuts ( e.g. "stubbing", "tipping", "topping"). Shearing ( e.g. "boxing", "hedging", "balling", "poodling") will be done only when authorized by the Director on a site-specific basis.

2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.

3. Use of pruning paint/pruning compound/wound dressing.

H. Fertilization. See Fertilizer Use.

I. Pest Control. See Pesticide Use.

5. GROUND COVER CARE
A. All ground covers are to be maintained in a manner that will promote normal, healthy growth.

B. For the purposes of these Technical Provisions, ground covers are defined as mass plantings of same- species, multi -stemmed plants with a trailing growth habit, whose height at maturity does not exceed ± one foot (1’).

C. Ground covers shall be pruned/trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director to:

1. Remove dead, diseased, or damaged branches/crowns.

2. Remove unwanted encroachments into or upon public and/or utility rights - of-way, as well as other landscape components (i.e., shrubs, trees, turf areas, irrigation equipment, walls, and monuments).

3. Remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.

4. Correct any condition which the Director has deemed to be hazardous.

D. Ground covers shall be pruned/trimmed/renovated:

1. To enable successful adaptation to their particular site situation;

2. In accordance with accepted practices for the particular species in question.

E. Pruning tools shall:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing operations at any site.

F. String trimmers shall not be used for any of the above described operations unless authorized by the Director on a site-specific, task-specific basis.

G. Fertilization. See Fertilizer Use.

EXHIBIT A – SCOPE OF WORK – Page 7 of 39

H. Pest Control. See Pesticide Use.

6. CHANNEL AND HABITAT CARE
The channel thinning zones will be subject to long- term management practices for flood control work. The channel-thinning zones are comprised of the two 40-foot-wide thinning zones. Beyond the 40- foot channel -thinning zones, removal of native vegetation shall be allowed only to assure proper operation of slope buffer area irrigation systems, to perform permitted fire protection activities, and to eliminate any hazardous condition for public safety.

The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Game Code sections 3503, 3503.5, and 3513.

A. Vegetative Thinning

1. When vegetation and removal is deemed necessary by the City, and regulatory permits are in place to provide for adequate flood protection, the City shall determine if the work shall be accomplished by hand crews, mechanical equipment, or a combination of available resources. In reaching this determination, careful consideration shall be given to the mutual goal of minimizing negative impacts throughout the mitigation site and continuing to allow the drainage to function as a flood control channel designed t o support 100-year flood flows.

2. The channel thinning zones will be maintained annually by mowing or removing vegetation above the existing soil level not to exceed two feet (24- inches) in height so that all channels will support 100-year flood flows.

3. For maintenance of channel the Contractor may use:
a. Four-wheel-drive all-terrain vehicle (ATV) type maintenance vehicles to haul personnel, equipment, trash, trimmings, weeds, and debris. b. A 30-40 horsepower utility tractor with bucket and mower for mowing channel bottoms.
c. A skip-loader and/or backhoe as required to effect irrigation mainline repairs in areas accessible to this type of equipment.

B. Timing of Vegetative Thinning

1. The Contractor will perform maintenance services within the 40- foot wide thinning zones pursuant to existing City policies, guidelines, and regulations, and required regulatory permits, including but not limited to National Pollutant Discharge Elimination System (NPDES) permits, and community obligations to maintain flood carrying capacity within all channels, as required under FEMA’s LOMR, dated September 27, 2004, and required regulatory permits. The contractor shall conduct the annual

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vegetative thinning program within the 40-foot wide thinning zones, outside the bird nesting season and consistent with the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA). If annual vegetative thinning must occur during the nesting season, this activity will be authorized if the vegetation to be thinned represents a threat to public safety and/or biological surveys confirming the absence of nesting birds occurs at this time as well.

C. Pesticide Use and Weeding

1. Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities shall be limited pursuant to existing City policies and guidelines, and/or as described herein.

2. The Contractor will conduct weed abatement on a quarterly basis including, but not limited to, the exotic plant species listed herein. Weeds shall be removed by hand, including the root, or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA). The use of herbicides for weed control within the channel shall be used for species such as Bermuda grass (Cynodon dactylon), giant reed (Arundo donax ), bindweed ( Convolvulus arvensis ), and salt cedar (Tamarix sp .). Only pesticides approved for use within stream courses shall be authorized for use within all channel areas.

3. All weeds shall be removed from the mitigation site and/or controlled at all times.

4. Weeds are defined as “any plant species whose presence on a site is detrimental to the appearance of the site and the normal, healthy growth of plant materials intended for the site.” All plants that constitute a public health or safety hazard shall also be considered weeds. Examples of weeds to be controlled include, but are not limited to:
a. Arundo/giant reed (Arundo donax);
b. Artichoke thistle/cardoon (Cynara cardunculus);
c. Australian saltbush (Atriplex semibaccata);
d. Bermuda grass (Cynodon dactylon);
e. Biennial mustard (Hirschfeldia incana);
f. Black mustard (Brassica nigra);
g. Broom species (Cytisus spp.);
h. Bull thistle (Cirsium vulgare);
i. Canary Island date palm (Phoenix canariensis);
j. Castor bean (Ricinis communis);
k. Cootamundra wattle (Acacia baileyana);
l. Fennel (Foeniculum vulgare);

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m. Filaree/Storksbill (Erodium spp.);
n. Foxtail chess (Bromus madritensis);
o. Hottentot fig (Carpobrotus edulis);
p. Italian ryegrass (Lolium multiflorum);
q. Italian thistle (Carduus pycnocephalus);
r. Ivy (Hedera spp.);
s. Japanese honeysuckle (Lonicera japonica);
t. Kikuyu grass (Pennisetum clandestinum);
u. Pampas grass (Cortaderia jubata; C. selloana);
v. Periwinkle (Vinca major);
w. Peruvian pepper tree (Schinus molle);
x. Rabbitsfoot grass (Polypogon monspeliensis);
y. Red valerian (Centranthus ruber);
z. Ripgut brome (Bromus diandrus);
aa. Russian thistle (Salsola tragus);
bb. Slender oats (Avena barbata);
cc. Soft chess (Bromus hordeaceus);
dd. Tamarisk (Tamarix ramosissima, T. parviflora);
ee. Tree tobacco (Nicotiana glauca);
ff. Umbrella sedge (Cyperus involucratus);
gg. Water bent grass (Agrostis viridis); and
hh. Wild oat (Avena fatua).

D. Trash and Debris Removal

1. The mitigation site shall be kept free of trash and debris in perpetuity. Trash and debris removal shall occur in accordance with the Frequency of Services schedule (Exhibit E, Schedule II) . If trash and debris removal is required during the bird- nesting season, this will be allowed pursuant to required regulatory permits, and/or in order to protect public safety. Care will be taken so that trash removal activities minimize or avoid impacts to existing native plants.

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E. Access to Channel

1. Channel access may be attained via the access road adjacent to the Pedestrian Bridge at the western end of the channel or through the three gates located along Hastings Drive on the northern side of the channel.

Pedestrian access shall be authorized for all maintenance or authorized personnel. Care shall be taken to avoid impacts to existing vegetation outside the channel-thinning zones.

F. Mulefat Scrub Area

1. Existing Mulefat Scrub areas must be left undisturbed.

7. OPEN SPACE AREA (PASEO) CARE
A. All open space (paseo) areas shall be maintained in a condition free of unwanted plant species, as determined by the Director.

B. Non-woody plants, such as grasses and annual forbs shall be trimmed to a height of twenty-four (24) inches or lower at a frequency of no less than one (1) time per year, as determined by the Director.

C. Woody slope plantings shall be maintained in a manner that minimizes the accumulation of dead wood. This shall be accomplished by means of periodic trimming, pruning, and/or roguing, as determined by the Director.

D. A band of bare soil, twenty-four (24) inches in width shall be maintained per the Frequency of Service Table wherever Open Space (Paseo) areas abut residential parcels.

E. Newly planted and/or established tree and woody shrub plantings shall receive irrigation adequate to maintain soil moisture and plant vigor; in no case shall the interval between irrigations be greater than once per week. This work may require the use of a water tanker. Contractor shall be liable for replacement of any new or establishing plan materials lost due to Contractor’s negligence, as determined by Director.

F. Watering basins for newly planted and/or establishing tree and woody shrub plantings shall be continuously maintained and kept free of unwanted plant species until properly established, as determined by the Director.

G. All areas damaged by erosion shall be immediately repaired to the originally intended condition and soil. Contractor shall be liable for the cost of repairing all erosion damage caused by Contractor’s negligence.

H. All areas damaged by rodent burrowings shall be immediately repaired to the originally intended condition and soil.

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I. All catch basins, drain lines, brow ditches, and lower slope swale areas shall at all times be kept clean and clear for proper drainage.

J. Minimum flow channels shall be maintained in a manner that assures unimpeded flow of nuisance water per limits of design intent. This work may require periodic thinning/rouging of existing riparian plants, as determined by Director.

8. WATER QUALITY BASIN BOTTOM & FOREBAY / OUTLET STRUCTURE / SAND

BED MAINTENANCE
A. Basin Bottom Vegetation

1. Water Quality Basin bottom vegetation shall be mowed / trimmed to a height of twelve inches (12”) at least one (1) time annually, or as needed to ensure that the facilities function per design intent, per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this s ection and/or as directed by the Director. Annual mowing / trimming operations shall be initiated no earlier than August 15, and concluded no later than October 1.

2. Machinery / equipment selected to perform mowing / trimming operations shall be operated in a manner that does not: damage or alter basin bottom or basin slope topography, or; damage or render inoperable basin bottom or slope irrigation systems. Any damage to, or alteration of basin bottom or slope topography, or damage of basin bottom or slope irrigation systems resulting from Contractor’s (or sub- contractor’s) operations shall be repaired immediately at Contractor’s sole expense.

3. Debris generated by mowing / trimming operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner B. Concrete and/or Earthen Forebays and Outlet Structures

1. Concrete / earthen forebays and outlet structures shall be cleaned of debris and vegetation at least two (2) times annually, or as needed to ensure that they function per design intent. Scheduled cleanout operations shall be conducted in the spring and fall of the year, no later than May 31 and October 1, respectively per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director.

2. Machinery / equipment selected to perform cleanout operations shall be operated in a manner that does not alter or damage channel surfaces. Any damage to, or alteration of, channel surfaces resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.

3. Debris generated by channel cleanout operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner.

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C. Sand Bed

1. Inspect semi -annually for standing water, sediment, trash, and debris; remove accumulated trash and debris from the sand bed, as necessary.

2. Scarify (rake ) the top of sand bed to a depth of three (3) inch es semi- annually.

3. When the Director determines that the sand bed does not drain within seventy-two (72) hours, Contractor shall remove the top three (3) inches of sand and replace with new sand to return the sand layer to the original depth.

4. When the Director determines that scarification or removal of the top three (3) inches of sand layer is no longer effective, Contractor shall remove and replace the entire sand filter layer.

5. Debris generated by sand bed maintenance operations, including but not limited to those described above, shall be immediately removed from the sites, and disposed of in a legal manner.

9. WEED CONTROL
A. For the purposes of these Specifications, weeds are defined as any plant species whose presence on a site is detrimental to: the appearance of the site, as determined by the Director, and the normal, healthy growth of the plant materials intended for that site. Any plants which, in the opinion of the Director, constitute a public health or safety hazard shall also be defined as weeds.

B. Weed control shall be addressed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II unless otherwise stated herein and/or as directed by the Director.

C. Site areas subject to weed control per these Specifications include, but are not limited to: turf areas, tree wells, shrub, planter, and ground cover beds; hardscape areas, including, but not limited to curbs, gutters, and sidewalks; and non-landscaped portions of sites, as determined by the Director.

D. Debris generated by manual and/or mechanical weed control operations shall be immediately removed from the site, and disposed of in a legal manner.

E. Chemical Weed Control. See Use of Chemicals.

10. IRRIGATION
A. Irrigation shall be maintained and tested per the Frequency of Service Table, as set forth in Exhibit E , Schedule II , unless otherwise stated herein and/or as directed by the Director.

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B. Water shall be delivered by means of automatic or manually operated sprinkler systems, quick couplers, hose bibbs, or water tank, as specific site and/or weather conditions require.

C. It shall be the Contractor's duty to maintain all City irrigation systems in a manner that assures their full working capability at all times. Said maintenance shall include, but not be limited to: visual and operational inspections; cleaning/adjusting sprinkler nozzles; flushing of lines; trimming around sprinklers to assure proper coverage; routine repairs; and other tasks as assigned by City field staff.

D. For the purposes of this section, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers or sprinkler components and/or non- pressurized pipe and/or fittings (“lateral lines”) that have been rendered inoperable due to: 1) normal operation (“wear and tear”), and; 2) vandalism, theft, and acts or omissions by third parties.

E. All repairs to, and/or replacement of, irrigation system control components (i.e., backflow prevention assemblies, controllers and control wires, manual and remote control valves) and pressurized pipe and fittings (“mainlines”) rendered inoperable due to c ircumstances other than Contractor’s operations, shall be considered Additional Work, per Exhibit C.

F. The Contractor shall furnish, at no cost to the City, a remote valve actuating device that is compatible with the make, and model installed at the site(s). This device shall be used by Contractor's personnel while conducting operational irrigation system inspections, and/or repairs.

G. Manually operated irrigation systems shall:

1. Be operated only when Contractor's personnel are present on site.

2. Be turned off during periods of rainfall or as directed by City field staff.

3. Be inspected for, and repaired as necessary to ensure proper operation and coverage not less than at each time of operation.

4. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.

H. Automatic irrigation systems shall:

1. Be inspected for and repaired as necessary to ensure properly operation and coverage.

2. Be turned off during periods of rainfall or as directed by City field staff.

3. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.

I. Parts/components used to effect irrigation system repairs shall be of the same manufacturer as those originally installed unless otherwise approved by the Director prior to repair operations.

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11. DEBRIS AND LITTER
A. Debris/litter control shall be provided per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.

B. The Contractor shall remove immediately after pruning, trimming, weeding, edging or other work required under this agreement, all debris generated by his or her performance of the work.

C. Contractor shall remove from both planted areas and adjacent hardscapes/walkways the following items, which include but are not limited to:
bottles, cans, paper/plastic, cardboard, dog litter, tumbleweeds / windblown plant litter, automobile tires, or metallic items. Sites that are, in the opinion of the Director, exceptionally littered shall be cleared by the Contractor before the close of business the working day following notification of this condition.

D. All hardscape areas that include, but are not limited to sidewalks, curbs, and gutters shall be maintained in a hazard-free condition.

E. The Contractor shall dispose of all debris and litter off-site and in a legal manner.

F. The Contractor shall notify the Director immediately whenever suspicious and / or hazardous waste materials are discovered within service area sites. Such materials may include, but are not limited to: discarded motor oil, or other petroleum-based liquids; paint; chemical compounds, including but not limited to pesticides, both liquid and dry; any unknown liquid or dry material in an unmarked container; household appliances; household electronic devices, including but not limited to, televisions, computers and computer monitors; firearms or ammunition. Any such articles shall not be touched, handled, or in any way disturbed or moved from the location where they were discovered. Contractor’s staff shall secure the area against entry by any third party until City staff arrives at the site.

12. FERTILIZER USE
A. General.

1. Fertilizer shall be used per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.

2. At the discretion and request of the Director, additional applications may be provided at the pricing terms listed in the Additional Work section of Exhibit E, Scheduled II.

3. Any granular fertilizer material deposited on adjacent hardscaping, including but not limited to sidewalks, gutters, pavement, concrete forebays, utility vaults, or the sand bed, shall be collected immediately and redistributed evenly across the targeted area or removed from the site and

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disposed of in a legal manner. In no circumstance shall fertilizer material be allowed to enter the site’s storm drain system.

4. Any fertilizers containing iron will be completely removed from concrete sidewalks before irrigation to prevent staining.

5. Written notification to Director must be provided five (5) working days prior to fertilizer application.

6. Contractor shall supply to the Director a list of all proposed fertilizers to be used in the fulfillment of said agreement and per Exhibit E, Schedule II. Any changes to said list shall be reported per Exhibit E, Schedule II.

7. Contractor shall comply with any federal, state, or local reporting requirements.

B. Turf Fertilization

1. A humus base fertilizer shall be applied to turf areas.

2. All turf areas are to be fertilized as per Table I. All fertilizers are to be of indicated analysis or better.

TABLE I – Turf Fertilization
Rates per 1,000 sq. ft.

Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
February 1 22-0-6** 1 4.5 lbs.

June 1 22-5-5* 1.25 5.7 lbs.

October 1 22-5-5* 1.25 5.7 lbs.
*22-5-5/BEST® TURF GOLD or approved equal Controlled -Release fertilizer. These fertilizers to contain micronutrients including iron. See the following section on fertilizers. **22-0-6/SCOTTS® PROTURF® + Pre-emergent Weed Control or approved equivalent.

These fertilizers to contain micronutrients including iron. See the following sections, below, regarding fertilizers.

3. Humus base fertilizers to be applied by drop spreader only.

4. Humus base fertilizers to be composted, screened, and have a minimum nitrogen level of one-half of one percent (0.5%) (Growpower, EZ Green or equal).

C. Shrub and Ground Cover Fertilization

1. All shrubs and ground covers irrigated by overhead spray sprinklers shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.

2. All shrubs and ground covers irrigated by drip irrigation in conjunction with a fertigation system shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.

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TABLE II – Shrub and Ground Cover Fertilization
Rates per 1,000 sq. ft.

Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
April
(Overhead spray
sprinklers)
1 23-5-10 *

1.5 6.5 lbs.

April
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
September
(Overhead spray
sprinklers)
1 23-5-10 *
(Overhead
spray
sprinklers)

1.5 6.5 lbs.

September
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
* 23-5-10/BEST@POLY SUPREME or approved equal
**EZ FLO Fertimaxx Landscape or approved equal

D. Tree Fertilization

1. The intent of tree fertilization is to maintain normal and healthy growth of trees, not to produce excessive, rapid, or unnatural growth. Tree fertilization shall be considered Additional Work, per Exhibit C.

2. All trees shall be fertilized as directed by City field staff. Fertilizer type and rates will be specified on a per job basis.

3. Fertilizer will be placed per manufacturer's recommendations, or as directed by City and/or District field staff.

4. No injecting or drilling into tree trunk will be allowed.

5. Applications shall be made when the first growth flush of the year is at 80% leaf expansion, but not before April 30.

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13. PESTICIDE USE
A. General

1. The City of Moreno Valley and the Moreno Valley Community Services District encourages the use of effective alternative pest control measures.

2. All pesticide applications shall be made by or under the supervision of a person holding a valid license, permit or certificate issued pursuant to Sections 11701 and following, and Sections 14151 and following, of the California Food and Agricultural Code. Said person or Contractor is to be registered to conduct a pest control business in the State of California, and the County of Riverside during the entire term of this agreement.

3. All pesticide applications shall be applied as directed by the Director.

4. All pesticide use recommendations shall be in writing, and shall be made by a person holding a valid State of California pest control adviser license pursuant to Sections 12001, and following of the California Food and Agricultural Code. Said person is to be registered with the office of the Agricultural Commissioner of the County of Riverside during the entire term of this agreement.

5. Before the beginning of the agreement period, Contractor shall supply to the Director a list of all proposed pesticides to be used, along with a use recommendation for each pesticide. No pesticide application shall be made prior to Contractor’s submittal and Director’s approval of said list, and recommendations. Any changes, additions, deletions or substitutions to the recommended pesticides listed shall be submitted in writing to the Director for approval prior to any use of newly recommended material.

6. Disposal of empty pesticide containers, if made in the County of Riverside, shall be in strict compliance with label direction, restrictions and precautions, and all applicable federal, state, county, and local regulations, including but not limited to California Code of Regulations, Title 3, Section 6684; Title 16, Section 3142; and Title 3, Section 3143. The Director may require proof of such compliance in the form of a copy of a Contractor's annual Letter of Compliance, as issued by the County Agricultur al Commissioner, and submitted by Contractor to the County Waste Management Department.

7. Snail Control
a. Snails shall be controlled on a regular basis on the following plant species:
i. Agapanthus africanus
ii. Aptenia sp.
iii. Gazania sp.
iv. Hemerocallis sp.

b. Snails shall be controlled on an as needed basis on all other plant material.

8. Vertebrate Pest Control

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a. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
b. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
c. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non- performance penalties, per Exhibit C.
d. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.

B. Reporting Specifications

1. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information. The Director may require copies of all such records and reports be made available for inspection by City staff after giving twenty-four (24) hour notice to Contractor.

2. A written notice shall be provided to the Director five (5) working days prior to any pesticide application. Notice shall include name of chemical, area, rate and method of application, and time of day.

C. Ground Covers, Shrubs, and Trees Pesticide Usage Criteria

1. Weed Control
a. All shrub bed areas shall be treated with an appropriate pre- emergent herbicide at the maximum allowable rate according to the label, and state regulations. This treatment shall be performed per the Frequency of Services Table, Exhibit E, Schedule II.

2. Appropriate chemical control must be used on the following weeds. a. Bermuda Grass
b. Kikuyu Grass
c. Nutsedge
d. Field Bindweed
e. Spurge
f. Any other species deemed necessary by the Director
D. Insect and Disease Control

1. The Director may require certain tree species, which are subjected to excessively dusty conditions, be rinsed off with water, as directed by City field staff. Rinsing

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operations that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

2. The Director may require all Platanus species be sprayed annually with two applications of a copper based dormant spray should an infestation be detected.

Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

3. The Director may require all Pyrus and Pyracantha species found to be infected with fireblight be treated with annual applications of a copper based dormant spray. Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

4. The Director may require all Juniperus , Pinus, Cupressus and Pyracantha species found to be infested with mites be treated with an appropriate acaricide.

Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

5. All other insect, disease, and fungus problems will be treated on a site- and need- specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

E. Vertebrate Pest Control

1. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).

2. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.

3. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non- performance penalties, per Exhibit C.

4. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.

F. Turf Pesticide Usage Criteria

1. Weed Control
a. When the Director determines that the turf weed population at any site(s) exceeds acceptable levels, an appropriate herbicide shall be applied in accordance with all label specifications. Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All turf areas that the Director has determined to be prone to annual weed grass intrusion shall require annual applications of preemergent herbicides labeled for such use. Any preventative treatment that requires the use of

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powered delivery systems may be considered Additional Work, per Exhibit C.
c. Failure to apply turf weed control materials within the time frames established by the Director may result in the assessment of non- performance penalties, per Exhibit C.

2. Insect and Disease Control
a. All turf areas that the Director has determined to have a history of fungus infection shall be treated annually with an appropriate fungicide, as directed.

Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All other insect, disease, and fungus problems will be treated on a site and need-specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems may be considered Additional Work, per Exhibit C.
c. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever, and whenever found on the site(s). Control methods shall be as approved by the Director and shall include, but are not limited to, chemical, and mechanical methods. Failure to treat site(s) for vertebrate pests, within forty -eight (48) hours of being noticed by the Director, may result in the assessment of non- performance penalties, per Exhibit C.

14. SCHEDULING OF WORK
A. The Contractor will adhere to the facilities, equipment and monthly and annual work schedules submitted as a part of the Contractor’s proposal , and incorporated herein by this reference. These schedules, and any approved revisions thereto, will be used by the City as a basis for determining Contractor’s satisfactory performance.

B. Revisions to facilities, equipment, and work schedules will not be implemented without the prior written approval of the Director. The Contractor will submit proposed revisions to equipment and work schedules in writing to the City at the address as set forth in the Agreement at least ten (10) working days prior to commencing work per the proposed revisions.

C. Failure to submit proposed revisions to equipment, staffing, or work schedules by the time limits established hereinabove may result in the Contractor becoming liable to the City for non-performance penalties per Exhibit C.

D. The above provisions shall not be construed to eliminate the Contractor's responsibility for complying with the requirement to notify the Director for additional maintenance as set forth hereinafter.

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E. The Contractor shall notify the Director in writing at least five (5) working days prior to the date and time of all "Specialty" type maintenance operations. Specialty type maintenance operations includes, but is not limited to:

1. Fertilization;

2. Turf Aeration;

3. Application of pesticides by any method;

4. Other operations so designated by the Director.

Notification of "Specialty" maintenance operations shall include a brief description of intended method(s) of execution, materials to be used, and the dates for commencement and completion of said operations.

F. When inclement weather renders performance per the approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor is required to submit an adjusted work schedule to the Director for approval, which will allow the Contractor to complete the areas affected and resume work in all areas in accordance with the approved service schedule. Failure to advise the City may be cause for assessment of non-performance penalties.

G. For the purposes of this contract , “Working Days” are Mondays through Fridays, excluding holidays as provided herein. The hours of on-site maintenance service will be from 7:00 a.m. to 4: 00 p.m. Work may not be performed outside of the days and hours set forth hereinabove, as well as on legal City holidays, without the prior written approval of the Director.

The following days have been designated as City holidays:

If a holiday falls on a Sunday, the following Monday shall be the day the holiday is observed. If a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed. If a scheduled maintenance service day falls on a designated holiday, the Contractor shall submit a proposed make- up day for the Director’s approval.

New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
President’s Day 3rd Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25

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15. FUNCTIONS AND RESPONSIBILITIES
A. For award of the agreement to a Contractor who has not performed landscape and irrigation maintenance services for the site(s) as identified within this a greement for the prior year’s contacting term, the Director and Contractor shall conduct an inspection of all sites covered under this a greement as soon as practicable after its execution, and prior to commencement of Contractor's operations. Following said inspection, the Contractor shall submit to the Director a written affidavit certifying the actual condition of the site(s) relative to the City Specifications, including but not limited to the nature and extent of any deficiencies noted by the Contractor, and acknowledged by the Director. The Contractor is hereby advised that this affidavit shall serve as the benchmark for the Director's evaluation of Contractor's performance under this agreement.

B. The Contractor shall on an ongoing basis maintain and submit complete reports that record all work performed by the Contractor (See Reporting Forms) and at the intervals specified therein. Such reports shall contain, but shall not be limited to Weekly Irrigation reports, Monthly Greenwaste reports, Monthly Landscape Services reports, pesticide reports, and complaints.

C. The monthly payment for the work so reported will not be authorized until such reports are received, and approved by the Director.

D. The Director may require the Contractor to attend meetings with the City field staff at some fixed interval to review the Contractor's operations, and schedule future work.

E. The Contractor shall maintain an office at some fixed place, and be listed in the telephone directory in Contractor's own name or in the Contractor's company’s name.

F. Contractor shall at all times employ some responsible person(s) to receive phone calls and take the necessary action regarding all inquiries, complaints, and/or emergency calls received from the Director or other authorized individuals or agencies as listed below. This person(s) shall be reachable twenty -four (24) hours per day, seven (7) days a week. Contractor will notify the Director at [email protected] within three (3) calendar days of any change of the name or contact information of the responsible person(s).

G. During normal working hours, the Contractor's Supervisor or designated employee responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, mobile or cellular phone.

H. The Contractor or Contractor's designated employee shall confirm said notification within one (1) hour of receipt. An answering service is an acceptable substitute for coverage only during periods outside of normal working hours, provided Contractor is advised of emergency calls within one (1) hour of receipt of the call by the answering service and within twenty-four (24) hours after receipt of non-emergency calls by the

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answering service. The above provision for Contractor's communication with the City is the minimum acceptable standard under this agreement.

I. The Contractor shall respond to an emergency call from any of the parties listed herein this section no later than two (2) hours following first notification. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hours of first notification. An emergency may be called by the following individuals or agencies at any time:

City Manager Parks Maintenance Supervisor
Assistant City Manager Police Department
Facilities Maintenance staff Public Works Director
Fire Department Public Works Division Manager
Senior Landscape Services Inspector Special Districts Division Manager Parks & Landscape Services Division Manager Stand-By Staff Parks and Community Services Director Street Maintenance Supervisor Parks and Community Services Deputy Director Fleet & Facilities Maintenance Supervisor

J. Contractor's emergency response and any necessary corrective work is considered Additional Work as defined in Exhibit C, unless said emergency is determined to have been caused by an act or omission attributable to the Contractor.

16. COMPLAINTS
A. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Director. If any complaint is not satisfactorily responded to within twenty -four (24) hours, the Director shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Director within five (5) working days. If the complaints are not remedied within the time specified, and to the satisfaction of the Director, the Director may correct the specific complaint by using an alternative source. The total cost incurred by the District to effect necessary remedies will be deducted from the payments owing to the Contractor from the City, per Exhibit C.

B. The Contractor shall maintain a written record of all complaints, the date and time thereof, and the action taken pursuant thereto, or the reason for non- action. Said record shall be submitted to the Director monthly , as part of the Monthly Landscape Services Report.

C. In addition to the provisions included herein, in the event of a failure by the Contractor to satisfactorily remedy a complaint in a timely manner or for any other breach of this contract by Contractor, the City may immediately , upon written notice to the Contractor, terminate this contract.

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17. CONTRACTOR'S STAFF
A. The Contractor shall provide sufficient personnel to perform all work in accordance with the Specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. Work Site Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background, and communication skills to perform the intended services. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Director. Any order or communication given to the Work Site Supervisor shall be deemed to have been delivered to the Contractor.

B. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper, professional, and efficient manner at all times, and shall cause the least possible inconvenience to the public.

C. The Director may require the Contractor to remove any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City.

D. The Contractor shall require each employee performing work under the agreement to adhere to basic public works standards of working attire, including but not limited to wearing of proper clothing, proper shoes, and other gear required by applicable Safety Regulations and/or fertilizer/pesticide label requirements.

E. Shirts shall be worn at all times, and shall be buttoned. Approved safety vests shall be worn by Contractor's employees when working on parkway medians, monuments, parkways, and other high traffic-hazard areas as determined by the Director.

F. The Contractor shall establish an identification system for Contractor's personnel which clearly indicates the name of the Contractor to the public . The identification system shall be furnished at the Contractor's expense and may include appropriate attire, and/or name badges as specified by the Director.

18. EMPLOYMENT OF APPRENTICES
A. The provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code regarding the employment of properly registered apprentices may apply to this agreement if the Contractor, or any subcontractors thereunder, employs workers in any apprenticeable craft or trade. It is the Contractor’s sole responsibility to comply with the Labor Code sections cited above. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the California Department of Industrial Relations.

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19. SAFETY
A. The Contractor agrees to perform all work as outlined in the provisions listed herein in such a manner as to meet all accepted standards for safe practices and to safely maintain equipment, machines, and materials, and prescribe and employ all precautions and safety procedures related to other hazards consequential to the work; and accepts additionally the sole responsibility for complying with all local, State, Federal and other legal requirements including but not limited to, full compliance with the terms of any and all applicable OSHA and Cal/OSHA Safety Orders at all times so as to protect all persons, including Contractor's employees and subcontractors, agents of the City, District, materialmen, vendors , members of the public and others from foreseeable injury, or damage to their property.

B. The Contractor's operations shall be conducted in such a manner as to cause the least possible obstruction, and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as may be deemed necessary by the Director, or any duly constituted public safety official.

C. Contractor’s work area traffic control, including but not limited to, type and placement of signs, barricades, and delineators, shall be in accordance with the “Manual of Uniform Traffic Control Devices, 2014 (or most current revised version) California Supplement” Part 6 Temporary Traffic Control.

D. Contractor’s work should not encroach into open lanes of traffic between the hours of 7:00 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 6:00 p.m.

E. The Contractor shall maintain all work sites free of hazards to persons or property resulting from Contractor's operations. The Contractor shall inspect for all potential hazards at said areas under maintenance, and keep a record indicating date inspected, and action taken. Said record shall be submitted to the Director monthly as part of the Monthly Landscape Services Report. Any hazardous condition noted by the Contractor, which is not a result of Contractor's operations, shall be immediately reported to the Director.

F. The Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas, replacing valve box covers, and repairing irrigation systems, so as to protect members of the public or others from injury.

G. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the site, including a complete written report thereof to the Director within five (5) working days following the occurrence.

H. In addition to payment deduction or assessment of non- performance penalties, repeated failure to comply with the provisions of this section may result in termination of the agreement, per the terms of the Independent Contractor Agreement.

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20. USE OF CHEMICALS
A. Before the beginning of the a greement period, the Contractor is required to submit a list, which shall include the exact Brand Name, Label, and Material Safety and Data Sheet (MSDS) of all chemicals proposed for use under this a greement, including but not limited to fertilizers and pesticides, for approval by the Director. Where applicable, materials included on this list shall be chemicals as approved by the State of California Department of Food and Agriculture.

B. Director shall be notified in writing of any changes or deviations from the above list.

Use or application of said materials shall not be made prior to approval by the Director.

C. Chemical applications, including but not limited to fertilizers and pesticides, shall be made in strict compliance with the label directions, restrictions, and precautions as well as with any other requirements deemed necessary by any county, state, or federal regulatory agency, or the City of Moreno Valley.

D. Contractor shall report all fertilizers and pesticides used in the performance of the work as an element of Contractor's Monthly Landscape Services report, as set forth herein.

This report shall include the date, time of day, location, type of material, method of application, and environmental data.

E. The Contractor is free to use the most cost -effective pesticide available that has a California approved label and is used in compliance with this label. The City is sensitive to the need to use the least toxic material available that will be effective. In practice that may mean products that carry the CAUTION signal word would be the material of choice.

In the event the City opts to reduce the use of ‘synthetic’ pesticides in favor of alternative, naturally derived materials or methods, the Contractor will end the use of synthetic materials (e.g. glyphosate) and implement a supplemental weed control strategy. This WILL NOT replace the weed control component already in the bidder’s base cost; this will be considered Additional Work, per Exhibit C . – Alternative Bid Item.

21. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT –

REQUIRED URBAN RUNOFF MANAGEMENT TRAINING
A. The Contractor shall provide NPDES Permit training for Urban Runoff Management to Contractor’s employees and subcontractors if any.

B. Failure to provide Urban Runoff Management training is a violation of Order No. R8- 2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Moreno Valley and/or the City of Moreno Valley Community Services District (“City”).

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C. Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional Water Resources Control Board, and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract.

D. By submitting a p roposal, the Contractor certifies to the City that Contractor’s employees and subcontractors, if any, have been trained for Urban Runoff Management, and sufficient sums are included in the Proposal’s amount to cover costs of such said training.

22. RESTRICTED PESTICIDE MATERIALS PERMIT AND USE CONSENT A. The City shall maintain in full force and effect throughout the entire term of the agreement a valid Restricted Materials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor's operations under this agreement.

B. Director must give consent in writing prior to application of any Category I pesticide Licenses and Permits.

23. LICENSES AND PERMITS
A. The Contractor shall, without additional expense to the City, possess all federal, state, and local licenses and permits, including but not limited to a valid City Business License, required for the performance of the work under this agreement.

24. DEPARTMENT OF INDUSTRIAL REGULATIONS
A. California law provides that "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform work pursuant to Labor Code S ection 1725.5." Please refer to "Contractor Registration" from http://www.dir.ca.gov/Public-Works/PublicWorks.html to register and obtain more information.

B. Contractor and all tiers of its subcontractors must be registered and maintain a current registration during the term of this contract.

C. Pursuant to the above law, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code S ection 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Additionally, no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

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D. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations . The City of Moreno Valley will not accept a proposal nor will it contract or subcontract without proof of the contractor or subcontractor’s current registration to perform public works pursuant to Section 1725.5.

E. Contractor acknowledges and agrees to fully comply with the provisions of Sections 1771, 1774 - 1776, 1777.5, 1813, 1815 and 1860 of the Labor Code.

25. PAYROLL RECORDS
A. The Contractor, and any subcontractor thereunder, shall keep complete and accurate payroll recor ds for each workman employed by Contractor/ subcontractor in connection with this agreement, as required by California Labor Code Section 1776.

B. The Contractor, and any subcontractor thereunder, shall make available to the City upon its request certified payroll records for each workman employed in connection with this agreement as required by California Labor Code Section 1776.

C. The City may withhold from Contractor’s progress payments the penal sum of twenty- five dollars ($25.00) per calendar day (or portion thereof) for each worker employed in connection with this agreement should Contractor, or any subcontractors thereunder, fail to strictly comply with California Labor Code 1776 after receiving written notice of non-compliance.

26. PREVAILING WAGE AND WORKERS’ COMPENSATION
A. Pursuant to provision of Section 1773 of the Labor Code of the State of California, the City of Moreno Valley has obtained the general prevailing rate of per diem wages applicable for the work to be done, including but not limited to: straight time, overtime and holiday work; travel and subsistence payments; employee payments of health and welfare, vacation, pension, and similar purposes. Said rate and scale are on file with the City of Moreno Valley, and copies will be made available to any interested part y on request. These rates shall be the minimum wage rates for this project. Throughout the term of this agreement, the Contractor will be required to post a copy of said rate, and scale as required by the Labor Code.

B. Pursuant to provisions of Section 1775 of the Labor Code, the Contractor shall forfeit as penalty to the City of Moreno Valley for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinabove stipulated for any work done under the attached agreement, by the Contractor or by any subcontractor under Contractor’s direction and control, in violation of the provisions of said Labor Code. The penalty amount will vary as described on Section 1775.

C. In accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.

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27. BONDS
A. Pursuant to Section 9550 of the Civil Code, the direct contractor awarded the contract, prior to the commencement of work, agrees to provide a payment bond to and approved by the City.

The City requires two (2) good and sufficient surety bonds that will be maintain ed in full force and effect for the duration of this agreement:

1. a "Faithful Performance Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall guarantee the faithful performance of all work, and;

2. a "Materials and Labor Bond" in the amount of one hundred percent (100%) of the annual purchase order amount , which shall secure the payment of the claims of labor, mechanics or materialmen for all work performed hereunder.

The Contractor shall furnish a satisfactory Faithful Performance Bond meeting all statutory requirements of the State of California on the form provided by the City.

The bond may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

The Agreement shall be signed by the successful Bidder and returned together with the required bonds and insurance certificate(s), within ten (10) Working Days after the date the Agreement is awarded by the City.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California-admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the annual purchase order amount. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public. Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by

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reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non- responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

28. SUBSTITUTION OF SECURITIES
A. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Moreno Valley to ensure performance under the agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Moreno Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.

B. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code.

C. The Contractor shall be the beneficial owner of any securities substituted for monies withheld, and shall receive any dividends or interest thereon, set forth in Section 22300 of the Public Contract Code.

D. The Contractor shall give the City written notice within thirty (30) days after the agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow a greement in a form which is substantially similar to the agreement set forth in Section 22300 of the Public Contract Code.

29. CONTRACTOR'S LIABILITY
A. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence attributable to the Contractor in connection with the performance under this agreement. Any and all restitution or repairs deemed necessary by the Director to remedy such damages shall be furnished and performed

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at the Contractor's sole expense, and shall be completed within the time limits established by the Director.

30. CONTRACTORS LICENSE
A. Contractors are required by law to be licensed, and regulated by the Contractors' State License Board. Contractor will comply with all applicable licensing laws, and regulations. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 9821 Business Park Drive, Sacramento, CA 95827.

Mailing address: P.O. Box 26000, Sacramento, CA 95826.

31. CLAIM RESOLUTION PROCEDURES
Section 9204 of the Public Contract Code sets forth the following requirements for claims submitted by a contractor on a public works project:

A. A contractor must furnish "reasonable documentation to support the claim." B. Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim.

C. For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

D. If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute."
E. The public entity must schedule the meet and confer conference within 30 days of the demand.

F. Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute. Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference.

G. After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation."
H. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

I. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety." J. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

EXHIBIT A – SCOPE OF WORK – Page 32 of 39

32. PROJECT LOCATION MAPS
These locations may include parkways, open space, medians, and/or landscaping. Areas may be added, removed, or modified at the City’s discretion. The frequency of services for each of the landscape areas may be adjusted throughout the term of the contract.

Project Location Estimated Area Current Service Level 1 Zone 01 (Towngate) 321,073 sq. ft. Level 1 Day St. Medians 2,536 sq. ft. Level 1
Zone 01A (Renaissance Park) 72,335 sq. ft. Level 3
Zone E-7 139,846 sq. ft. Level 1
Total 612,561 sq. ft.

1 See Frequency of Services Table, Exhibit E, Schedule II, for additional information

EXHIBIT A – SCOPE OF WORK – Page 33 of 39

EXHIBIT A – SCOPE OF WORK – Page 34 of 39

EXHIBIT A – SCOPE OF WORK – Page 35 of 39

EXHIBIT A – SCOPE OF WORK – Page 36 of 39

33. REPORTING FORMS
A. Weekly Irrigation reports, at a minimum, shall document the irrigation inspections (to include testing and repairs) performed by the Contractor and shall include details specific to the dates, the specific locations, and corrective action taken, if any. Weekly Irrigation reports shall be submitted to the Director at [email protected] by the second workday of the week, one (1) week in arrears.

B. Greenwaste Recycling

1. The Public Resources Code (PRC), Division 30, Sections 41000 through 41780 requires that the City of Moreno Valley divert from landfills fifty percent (50%) of the solid waste, including greenwaste, generated within its jurisdiction.

2. For the purposes of this a greement, materials defined as “greenwaste” shall include all plant parts (i.e. trimmings, prunings, grass clippings, etc.) removed from agreement sites by the Contractor, or any subcontractors thereunder, in the performance of agreement’s Scope of Work.

3. Contractor, or any subcontractor thereunder, shall deposit all greenwaste generated while performing the a greement’s Scope of Work at a landscape material recycling center, or reuse said greenwaste in a lawful manner.

Contractor, or any subcontractor thereunder, shall be solely responsible for all costs incurred in complying with this requirement.

4. The Contractor shall submit a Monthly Greenwaste Report as set forth herein.

The Contractor shall provide responses to all information requested therein and shall include, on a separate Monthly Greenwaste Report form, any greenwaste generated through the operations of any subcontractors performing work under Contractor’s Scope of Work.

5. Monthly Greenwaste reports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.

C. A Monthly Landscape Services r eport, at a minimum, shall document the work performed by the Contractor and shall contain detailed information as is described in the form attached hereto and any other relevant information about the Contractor’s work to identified hazards, chemical use, and customer complaints. Said report shall be in a format acceptable to the Director. Monthly Landscape Services r eports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.

D. Pesticide Use r eports shall be completed and submitted in accordance with federal, state, and local law and consistent with the provisions herein.

E. Contractor shall refer to sections included herein and ensure additional reports, if necessary, are submitted to the Director , as appropriate and consistent with this agreement, and other agencies, as required by law, to ensure compliance with all federal, state, and local laws.

EXHIBIT A – SCOPE OF WORK – Page 37 of 39
Weekly Irrigation Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 2nd workday of week, 1 week in arrears

PROJECT NO.___________________ MONTH OF _____, 20______

Location
• Controller Number
• Tract Number
• Zone or Area
Date(s)
Checked
Problem(s)
Identified
Corrective Actions
• Date corrected
• Corrective action
details
Hazards
• Date(s) noted
• Area
• Hazard type
• Date City notified
• Date corrected
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5

EXHIBIT A – SCOPE OF WORK – Page 38 of 39

Monthly Greenwaste Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears

PROJECT NO. 20__-__

Contractor Name:

Address:

Phone Number:

Month Year

1. Source of greenwaste

Location

2. Amount of greenwaste generated from above
source (by weight)
Lbs.
or
tons

3. Name, address, and phone number of recycle
Contractor accepting greenwaste

Contractor Name
Address
Phone Number

4. Amount of greenwaste-source products (mulch,
compost, top dressing, and soil amendments,
etc.) furnished to Project
(by weight)
Lbs.
or
tons

5. Name, address, and phone number of recycle
Contractor supplying greenwaste-source
products to Project (if different from above)

Contractor Name
Address
Phone Number

6. Number of times turf mowed this month

7. Number of times turf mowed without clippings
caught

EXHIBIT A – SCOPE OF WORK – Page 39 of 39

Monthly Landscape Services Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears

PROJECT NO. ________ MONTH OF _____, 20___

Location
• Controller
Number
• Tract Number
• Zone or Area
Maintenance
• Date(s)
• Area
Service Type
• Mow/edge
• Trim/prune-weed
• Litter-irrigation
• Etc.

Fertilizer
• Date(s)
• Area
• Product/
analysis
• Amount/
area
• Crop
Pesticides
• Date(s)
• Product used
• Amount used
• Area
• Target pest

Complaints
• Date(s) received
• Area/location
• Complaint/action
• Date corrected
• Corrective action
Hazards
• Date(s) noted
• Area
• Hazard type
• MVCSD notified
• Date City notified
• Date corrected
• Corrective action
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5

Exhibit B – City Responsibilities

Page 1 of 1 ends

EXHIBIT B - CITY RESPONSIBILITIES

LANDSCAPE MAINTENANCE SERVICES

1. AGREEMENT SUPERVISION
The Agreement shall be administered on behalf of the Public Works Director and/or the Parks & Community Services Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director."

The Director will decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Contract by the Contractor, interpretation of the Specifications, and compensation to include completion of work by alternate sources.

2. IRRIGATION CONTROLLER SYSTEMS
The City shall manage the operation of all automatically controlled irrigation systems, including but not limited to irrigation controller programming and scheduling. The Contractor shall monitor the operation of and maintain said irrigation systems as required by the Director. The Contractor shall operate manually controlled irrigation systems as directed by City field staff.

3. UTILITIES
It shall be the City's duty to provide the utilities necessary for irrigation (i.e., water, electricity and communications) and to maintain their appurtenances (i.e., water and electrical meters and backflow devices). The City will pay the water, electricity, and communications costs used in the sites covered by this Agreement. The Contractor shall report any interruption of these services for whatever reason immediately upon Contractor’s observation of same to the Director.

4. RESTRICTED PESTICIDE MATERIALS/PERMIT/USE CONSENT
A. The City shall maintain in full force and effect throughout the entire term of t he Contract a valid Restricted M aterials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor’s operations under this Contract.

B. Director must give consent in writing prior to application of any Category I pesticide.

Exhibit C – Payment Terms

Page 1 of 11 ends

EXHIBIT C - PAYMENT TERMS

LANDSCAPE MAINTENANCE SERVICES

1. CONTRACTORS COMPENSATION
A. The Contractor's compensation shall be $2,213,719.00 over the term of the five- year agreement.

B. Compensation shall be based on the Bid/Compensation Schedule.

C. Written notice of the compensation amount for the next fiscal year shall be provided to the Contractor at least thirty (30) days prior to the end of each fiscal year.

D. Any request for increase in the Contractor’s compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside- San Bernardino- Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor’s Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval, the adjustment would be effective July 1 of the following fiscal year.

E. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml F. The Contractor will electronically submit an invoice per site to be paid monthly based upon successful performance of the maintenance services provided in accordance with an approved service schedule for each area/site and in compliance with the terms and provisions of this Agreement. By the tenth of each month the Contractor shall submit to the Director detailed reports of the following:
a. Maintenance performed, which must include the location, area or site of such maintenance.
b. Greenwaste
c. Complaints received.
d. Hazards noted.
e. Chemicals used in the prior month.
f. Invoice for service, which list s in detail the site ( e.g. Zone, Tract ID/Number), service performed and cost in accordance with the Agreement price, which shall become the basis for payment.

No payment(s) shall be made until the reports, listed herein, have been submitted and approved. At no time will the City pay for more services than have been

Exhibit C – Payment Terms

Page 2 of 11 ends

satisfactorily completed and the City’s determination of the amount due shall be final.

G. The Contractor will submit all invoices electronically to the Special Districts Division at [email protected] with a copy to Accounts Payable at [email protected].

The Contractor will electronically submit reports to the Special Districts Division at [email protected]. Questions regarding invoices or reports may be directed to the Special Districts Division at 951.413.3480.

H. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf (Business tab).

I. The minimum information required on all invoices is:
a. Vendor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Purchase Order Number
d. Vendor Invoice Number
e. City-provided Reference Number (e.g. Projector Contract Number) f. Date services were provided.
g. Location Services where Testing and/or Services were performed to include Zone, Tract Number, Tract ID (if applicable), or general vicinity where services were performed within the identified service area. h. Month services that were rendered with amount(s) due organized to correspond with Contract/Purchase Order line item(s) (e.g. Base or Additional Work).
i. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of an Agreement amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable. j. Supporting documentation including: receipts for materials purchased, summary tables demonstrating the calculation of total amount due, including description and cost breakdown by job performed within each area, the calculation of mark -up, and the addition of any applicable labor cost. Note: mark-up shall not include tax, shipping or labor. k. If written authorization was required prior to the commencement of work, documentation of the approval is to accompany the subject invoice.

Exhibit C – Payment Terms

Page 3 of 11 ends

Documentation shall include final approved proposal, and corresponding written authorization (e.g., fully executed proposal or proposal accompanied by the corresponding email approval).

J. The City will pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

K. Reimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

L. Maintenance and Inspection. 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.

2. ADDITIONAL WORK
A. During the term of this Agreement the City may, at its discretion, authorize the Contractor to perform certain Additional Work as described herein, in addition to the work set forth in Exhibit A.

B. If the City determines it to be in the City’s best interest, said Additional work may include: Acts of God (i.e., earthquake damage, storm damage), or vandalism, theft, and acts or omissions by third parties.

C. Compensation for all such Additional Work shall be calculated either at the prices set forth by the Contractor and included herein or at a price based on the Contractor’s written estimate (lump sum, time and materials, or cost plus basis), as determined by the Director. Written estimates shall contain sufficient detail to justify the cost (i.e., quantities, adequate work description) and shall contain the location (Zone or Tract ID, or general vicinity) where services are to be performed.

Except as set for th below, the Contractor shall not perform any such Additional Work services without first obtaining express written authorization from the City.

D. Notwithstanding the above requirement for prior written authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving a verbal authorization, the Contractor must submit a written estimate to the City for written approval. Whenever immediate action is required to prevent impending injury, death, or property damage to the facilities being maintained, the City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City’s work force.

E. The Contractor shall maintain additional landscape areas the City may add to this Agreement at a unit price comparable to landscape areas described herein. In the event that notification is made, at other than the beginning of a monthly period, the

Exhibit C – Payment Terms

Page 4 of 11 ends

unit cost as set forth by Contractor in the Price Table Import Schedule shall be prorated from the day the Contractor commences work on the additional areas.

F. Routine repairs to project irrigation system(s) shall be considered Additional Work to the extent that the Contractor shall charge only for materials used to perform said repairs at Contractor’s cost plus a percentage of that cost, as set forth in herein. For the purposes of this Agreement, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers, sprinkler components, and/or non-pressurized pipe, and/or fittings (“lateral lines”) that have been rendered inoperable due to: a) normal “wear and tear”, and b) vandalism or theft (which includes acts or omissions by third parties).

G. Except as specifically approved by subsequent action of the City Council and/or District Board of Directors, the Director may not authorize Additional Work in excess of the not to exceed amount.

3. PAYMENT DEDUCTIONS
The City may deduct payment to such extent as may be necessary to protect the City from loss due to:

A. Work required in the General or Technical Provisions which is not performed, not performed to the standards set forth therein, not performed at or within the time(s) specified therein, or is incomplete.

B. Claims filed or reasonable evidence indicating probable filing of claims by laborers, materialmen, subcontractors, or third parties.

4. NON-PERFORMANCE PENALTIES
A. The Contractor may become liable for payment of non- performance penalties for failure to: provide adequate communications; provide adequate work area safety including but not limited to wearing of appropriate work attire; complete "Specialty" operations in a timely manner as set forth in the General Provisions; submit notifications or reports required by the Agreement, or General Provisions at the intervals and/or frequencies set forth therein, or; perform work as required by the General Provisions at the i ntervals and/or frequencies as set forth therein, or as directed by the City. For each of the categories set forth hereinabove, the penal sum of $100.00 (one hundred dollars) per working day will be assessed for each working day the deficiencies remain uncorrected.

B. If non-performance penalties are to be assessed, the Contractor will be notified immediately by written email, facsimile transmission, letter, or by telephone.

C. The Contractor will not be assessed non-performance penalties for delays caused by the City or by the owner of a utility to provide for the removal or relocation of utility facilities.

Exhibit C – Payment Terms

Page 5 of 11 ends

D. Excessive Utility Usage. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing the current usage with the historical usage for the same time period.

The excess cost factor, to be deducted from the payments to the Contractor, will be presented by the Director to the Contractor prior to actual deduction by the City to allow for explanations.

E. Labor Laws and Prevailing Wage. Per Labor Code Section 1775, the Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, that each laborer, workmen or mechanics employed that are paid less than the general prevailing rate of wages referred to and stipulated for any work done under the proposed contract, by him or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1170 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the C ity twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the 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 Section 1813 of the Labor Code.

5. TIME FOR PERFORMANCE
The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization as specified in the Notice to Proceed and to diligently prosecute the contracted work noted on the Bid Schedule.

6. COMPENSATION DETAIL – SEE NEXT PAGE

Exhibit C – Payment Terms

Page 6 of 11 ends

Exhibit C – Payment Terms

Page 7 of 11 ends

7. PREVAILING WAGE DETERMINATION
Based on information available at time of RFP issuance. See tables on following pages.

Exhibit C – Payment Terms

Page 8 of 11 ends

Exhibit C – Payment Terms

Page 9 of 11 ends

Exhibit C – Payment Terms

Page 10 of 11 ends

Exhibit C – Payment Terms

Page 11 of 11 ends

Exhibit D – Term of Contract

Page 1 of 1 ends

EXHIBIT D - TERM OF CONTRACT

TERM OF CONTRACT
A. Following approval by all parties, the Contract will commence on July 1, 2025, and shall expire June 30, 2030 (5) years thereafter, unless sooner as noted herein.

B. At the expiration of its ter m, and with the concurrence of all parties, the Contract may be extended for up to three (3) additional periods of thirty (30) days each, subject to all terms and conditions in effect during the current term of the Contract.

Written notice of the City’s intent to invoke this subsection of the Contract shall be given to the Contractor at least fifteen (15) days prior to the expiration of the initial term of this Contract, or any extensions thereof.

C. Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by the City Council of the City of Moreno Valley and the City Council acting in the capacity as President and Members of the Board of Directors of the Moreno Valley Community Services District. In the event that the City Council and/or the City Council acting in the capacity as President and Members of the Board of Directors for the Moreno Valley Community Services District does not grant necessary funding appropriations and/or program approvals, the affected multi-year contract becomes null and void effective July 1st of the fiscal year for which such approvals have been denied.

EXHIBIT E - CONTRACTOR PROPOSAL SUBMITTAL CHECKLIST
The following check list, and associated documentation, must be completed, signed, and included with your submission for the RFP to be considered responsive:

Mariposa Landscapes, Inc.

Company Name (Please print) Authorized Signatur
Terry Noriega (626) 960-0196
Name of RFP Preparer Preparer's Phone Number
[email protected]
Preparer's Email Address
SCHEDULE I — GENERAL INFORMATION — Fillable forms. Include completed forms with electronic submission.

Vendor Information
References
Proposed Facilities, Equipment and Personnel
Communications and Traffic Safety
Greenwaste Recycling
List of Subcontractors
X
X
X
X
X
X

SCHEDULE II - PROPOSAL SCHEDULES
X
X
X
Frequency of Services Table — Print, sign, and include with electronic submission Pricing Spreadsheet — Complete within the City's procurement system - Open Gov.

Work Schedules (Monthly, Annual, and Material) — Fillable form. Include completed form(s) with electronic submission
SCHEDULE III - FORMS — Print, complete, and include with electronic submission X
X
X
X
X
Proposal Affirmation
Non-Collusion Affidavit
Certificate of Non-Discrimination
Affirmation of Proposal Guarantee
Bidder's Bond — Scan and include with electronic submission, if applicable

Required Response Template
I Mariposa Landscapes, Inc.
(Bidder's Company Name)
Instructions:

Prospective proposers must provide the information requested below and include it in their proposal. City has provided the form as a separate Word document for bidder's use.

Use this form or copy and paste it into your own document; in either case, please provide your responses under each of the number points. Do not omit or renumber any sections. Refer to attached documents sparingly and only as necessary; and ensure that any documents referred to are numbered according to the outline below.

I. Company Information: Name, Contacts, History, Scope of Services Please provide the following information about your company:

A. Your company's full legal name, address, phone, fax, email, website.

Mariposa Landscapes, Inc. Address: 6232 Santos Diaz St., Irwindale, CA 91702 Phone (626) 960-0196 Fax (626) 960-8477 Email: [email protected] B. Prior company names (if any) and years in business; mergers, buyouts, etc.

I Not rokpplicable
C. Organizational structure (i.e. corp., LLC, sole proprietorship, etc.).

Coi-poration
D. Names and titles of the principal owner(s).

Terry Noriega, President Antonio Valenzuela, Secretary
Theresa Lu, Chief Financial Officer
E. Person(s) authorized to make commitments for your company.

I Terry Noriega and Antonio Valenzuela
F. Company history, experience, years in business for current company name.

Please see attached RFP (cover letter)
G. Annual company revenues for the last three fiscal years.

I 2024: $77.81M 2023: $67.34M 2022: $58.53M
H. Tax ID number.
9514245898
I. The complete scope of services offered by your company.

Lands ape maintenance, Landscape construction and Tree maintenance J. The number of clients (including governmental) served in past and present. 1 195 to 215
K. Special qualifications, training, credentials, recognition, or awards.

Please see attached RFP (Professional Team Assignment)
L. Contracts terminated for cause, pending litigation or legal issues.

None

II. Resources: Staffing, Facilities, Equipment
Provide the following information relative to required services:

A. Names and titles of key management personnel.

Please see attached RFP (Professional Team Assignment)
B.

Team to be assigned for these services.

Please see attached RFP (Professional Team Assignment)
Qualifications of specific individuals who will work on the project.

Please see attached RFP (Professional Team Assignment)
Amount of time and involvement of key personnel who will be involved in respective portions of the project.

Please see attached RFP
(Professional Team Assignment)
Resumes of all team members; provide only names and titles only; attach current resumes to proposal.

Please see attached RFP (Professional Team Assignment)
Current number of employees: full-time and part-time employees.

Full-time 669, part-time 10
G. Annual turnover rate of staff.
50%
H. Names of any subcontractor's you propose to use for our contract.

Provide only names here; fill in the details on City-provided Subcontractors List.

No subcontractor
I. Facilities that would be utilized to perform the required work.

Fontana yard located at 11093 Almond Ave., Fontana, CA 92337 Equipment that would be utilized to perform the required work.

Please see attached RFP (Project specific Equipment)
Required Services: Meeting or Bettering these Requirements Provide the following information relative to required services:

A. Ability to perform specific tasks as outlined in the RFP.

Please see attached RFP (Workplan and Approach)
B. Reasonableness of your fee to do the work.

Please see attached RFP (Proposal Cost)
C. Current resources to meet or better all task and timeline requirements herein.

Please see attached RFP (Workplan and Approach)
D. Additional resources that might be needed to meet or better all task and timeline requirements of this request.

Please see attached RFP (Response Template)

E. How quickly could you provide additional, extra trained staff if requested by City for additional work beyond the original scope of services? Please see attached RFP (Response Template)
F. How quickly can you begin providing services if awarded the contract? Please see attached RFP (Response Template)
G. Details of any improvement or upgrades your firm has designed or implemented.

Please see attached RFP (Response Template)
IV. Demonstrated and Technical Experience
Please describe your company's:

A. Demonstrated record of success on work previously performed. Please refer to our references. Mariposa has been in business or over 45 years without any acquisitions, mergers, or major litigation. Our bonding capacity of $100 million serves as proof of our trustworthiness and responsibility as a B. specifilcanmdsecatheoccimaparjy .ndlechniques to be employed on the project or problem.

Please see attached RFP (Workplan and Approach)
V. Work Plan:

Taking all circumstances, current conditions, and required preparations into consideration, describe in detail, your proposed work plan for delivering the services required by this RFP, including, but not limited to;
A. How will you schedule professional and staff to ensure milestones and deadlines are met?
Please see attached RFP (Workplan and Approach)
B. Provide required response time to the urgent service requests.

Please see attached RFP (Workplan and Approach)
C. How you will make up for workhours lost (and resulting backlog that may occur) due to various unforeseen situations that may prohibit work on a specific day.

Please see attached RFP (Workplan and Approach)
D. Provide any other relevant information that you believe would benefit City for the requested services.

Submitted by:

Company Name
Contact Name
Title
Signature
Email
Phone
Date
Please see attached RFP (Workplan and Approach)
Mariposa Landscapes, Inc.

Dave Widjaja
Chief Estimator
[email protected]
626-426-1121
3/4/2025

VENDOR INFORMATION
A. Company Name: Mariposa Landscapes, Inc.

TYPE
0 Sole proprietor
O Partnership
O Corporation
B. Company Physical Address
(Street) 6232 Santos Diaz St.
(City, State, Zip) Irwindale, CA 91702
C. Company Mailing Address
(Street) Same as above
(City, State, Zip)
D. Business Phone Number (626) 960-0196
E. Satellite Office Address (if applicable):

Not Applicable
F. Satellite Office Phone Number Not Applicable
G. Contractor's Licensing Information:

1. License number/Classification/Name Style:592268, Class A, C27, O61/D49, C31, C49

2. Number of Years Operating Under the Above License Name Style: 28

3. License Expiration Date: 4/30/2026

4. Current License Status: Active

5. Prior actions against this License? 0 Yes 0 No

6. If Yes, list the citation type and how it was resolved:

N/A
H. Company's Federal Identification No.: 95-4245898
I. Name and Title(s) of Company Officers:

Terry Noriega, President
Antonio Valenzuela, Secretary
Theresa Lu, Chief Financial Officer

J. Department of Industrial Relations Registration No.:1000005079 K. Number of years the company has performed landscape maintenance services:
48 L. Number of years the company has performed landscape maintenance services for public agencies: 48
M. Current Landscape Maintenance Operations
The City recognizes that the information provided in answer to this question is proprietary in nature and therefore the City will keep this information confidential to the extent permitted by law.

Total number of landscape maintenance contracts: 240
Percentage of total contracts with public agencies: 89% Total dollar value of landscape maintenance contracts: $4.04Million N. Number of employees committed to landscape maintenance operations Supervisors Average wage scale
Technicians Average wage scale
Foremen Average wage scale
Laborers Average wage scale
*Use the fully burdened rate (i.e., taxes, insurance, benefits, OH &P).

This is a prevailing wage project.
$ 71.00 per Hour
$46.50 /Hr.*
$ 38.62 /Hr.*
$ 35.25 /Hr.*
O. Type/number of vehicles and power equipment committed to landscape maintenance operations:

Motor vehicles
Type 3/4 ton Landscape Body truck Number 1
Type irrigation Pick up Truck Numberl
Type Number
Type Number
Type Number
Power Equipment
Type String trimmer
Type Backpack blower
Type Hedge trimmer
Type 30" mower
Type Stick Edger
Numberl
Numberl
Number 1
Nunnberl
Numberl

REFERENCES
List a minimum of three (3) references for public agency landscape maintenance contracts that are either current and/or have been successfully completed within the last two (2) years.

The following questions will be asked of each reference agency:

1. List the number of agreements and years under agreement.

2. Explain the scope of the agreement(s), acreage amounts, and location(s).

3. Identify the agreement amount(s).

4. Describe the quantity and quality of staffing.

5. Describe the training/technical skills (i.e., irrigation/pest control/ equipment operation/safety).

6. Explain the communication abilities and language preferences of staff.

7. Describe staff appearance, uniforms, and use of safety equipment.

8. Explain the availability of additional personnel for extra work/special projects.

9. Explain the working order of equipment used.

10. Describe the effectiveness of communications system.

11. Explain the contractor's knowledge of project and contract standards.

12. Describe the contractor's ability to respond to complaints/requests in a timely fashion.

13. Identify if the contractor is willing to resolve questions, disputes, and deficiencies short of "formal" sanctions (i.e., monetary penalties, contract deductions, liquidated damages, claims against bonds).

14. Explain the accuracy and timeliness of billing and invoicing.

15. Identify if contract(s) had been successfully completed to term.

16. Would you accept future proposals/bids from this Proposer? Reference #1
Public Agency Name City of Tustin
Agency Address 300 Centennial Way, Tustin, CA 92780
Agency Contact Responsible
for administering contract
Forrest Locke
Contact telephone (714) 573-3357
Agreement Name(s) Landscape Maint. Services for General Fund and Landscape & Lighting Assessment District Areas
Annual Agreement
Amount(s)
$2,048,246.00
Number of acres maintained
per contract
64 Acres
Location(s) of areas
maintained.

All medians within the City of Tustin
Length of
Contract(s)/expiration date
2015-Current

Reference #2
Public Agency Name City of Moreno Valley
Agency Address 14177 Frederick St, Moreno Valley, CA 92553 Agency Contact Responsible
for administering contract
Dan Monto
Contact telephone (951) 413-3485
Agreement Name(s) Landscape Dist. - North Maint. of Parkway, Median, and/or Open Space Land. and Irrigation
Annual Agreement
Amount(s)
$167,436.00
Number of acres maintained
per contract
Approximately 60 Acres
Location(s) of areas
maintained.

Various locations
Length of
Contract(s)/expiration date
2023 - 2028
Reference #3
Public Agency Name City of Rancho Cucamonga
Agency Address 9153 9th St., Rancho Cucamonga, CA 91730 Agency Contact Responsible
for administering contract
Steve Relph
Contact telephone (909) 774-4116
Agreement Name(s) Landscape Maintenance of Medians and Parkways Annual Agreement
Amount(s)
$1,345,769.28
Number of acres maintained
per contract
40 Acres
Location(s) of areas
maintained.

Medians and Parkways
Length of
Contract(s)/expiration date
1989- Present

Reference #4
Public Agency Name City of Fontana
Agency Address 16489 Orange Way, Fontana, CA 92335
Agency Contact Responsible
for administering contract
Brian Clements
Contact telephone (909) 350-6771
Agreement Name(s) Landscape Maintenance Services Projects- Areas 2 and 3 Annual Agreement
Amount(s)
$3,498,213.00
Number of acres maintained
per contract
Over 370 Acres
Location(s) of areas
maintained.

Areas 2 and 3 consisting of various locations
Length of
Contract(s)/expiration date
2019- Present
Reference #5
Public Agency Name City of Chino Hills
Agency Address 14000 City Center Drive, Chino Hills, CA 91709 Agency Contact Responsible
for administering contract
Luther Martin
Contact telephone (909) 364-2849
Agreement Name(s) Landscape Maintenance Services for North Service Area Annual Agreement
Amount(s)
$1,889,364.00
Number of acres maintained
per contract
400 Acres
Location(s) of areas
maintained.

Various locations
Length of
Contract(s)/expiration date
2022- Current

PROPOSED FACILITIES, EQUIPMENT AND PERSONNEL
Attach additional sheets as necessary to provide a full and comprehensive response.

A. Facilities
List the facility(ies), location(s), and/or address(es) where work crews and equipment will be dispatched.
11093 Almond Ave., Fontana, CA 92337
B. Equipment
List the equipment, motor vehicles, and tools, in the areas below that will be furnished to execute work tasks specified in the Agreement and Scope of Work.

Indicate with an "S" any listed equipment to be shared with another contract/project. List both powered and hand equipment/tools General Equipment:

Landscape tools including brooms, rakes, shovels, tarps, etc

Motor Vehicles:
3/4 ton landscape body truck
irrigation pick-up truck (S)
Turf Maintenance Power Equipment/Tools:

Mower 30" (S)
Mower 50" (S)
Edger (S)
Tree, Shrub, Ground Cover Trimming/Pruning Equipment/Tools:

Backpack blower
Hedge trimmer
string trimmer

Irrigation System Maintenance Equipment:

Varies including,
shovels, hand pumps, specialized tools for adjustments.

Fertilizer Application Equipment:

Hand Spreader (S)
Pesticide Application Equipment:

Backpack Sprayer (S)

C. Personnel
List the employees, both labor and supervision, to be routinely assigned to execute work tasks specified in the agreement, and Scope of Work. Be sure to note by title any applicable licenses/certifications held by assigned personnel.

Indicate with an "S" if listed personnel are to be shared with another contract/project.

General Landscape Maintenance
List labor, administrative, and field supervisory personnel — include any relevant education, certification and/or licensing information for each person listed.

Roberto Perez (S)
GustavoSuarez (S)
1 Foreman, 1 Laborer, 1 Irrigation Tech and 1 spray technician.

Tree Trimming/Maintenance
List any ISA or equivalent certified personnel.

Dennis Jones (S)
Luis Valenzuela (S)
Brandon Williamson (S)

Irrigation System Maintenance
List technical personnel — include any relevant education, certification and/or licensing information for each person listed.
*To be assigned upon award of contract
Pesticide Application
List licensed and/or certified personnel. All non-licensed, non-certified personnel must have received verifiable annual training.
*To be assigned upon award of contract

COMMUNICATIONS AND TRAFFIC SAFETY
Attach additional sheets as necessary to provide a full and comprehensive response.

A. Communications
Exhibit A requires the contractor possess and maintain an effective Contractor- wide communications system. The Proposer must also designate responsible staff to be available on a twenty-four (24) hour basis to receive, and respond to emergency calls.

Describe your internal communications system, both in the office and in the field, and how it will enable you to provide the communication capability as required in Scope of Services specifications. Also, describe how your Proposer will provide the required twenty-four (24) hour communication capability. *Please see attached
B. Traffic Safety
Exhibit A requires the contractor to provide safe and effective work area traffic control, per Caltrans' "Manual On Uniform Traffic Control Devices 2012 (or most current revised version) California Supplement, Part 6, Temporary Traffic Control".

Describe your general traffic control practices and training, and how your Proposer intends, if selected, to conduct work area traffic control operations to provide service for this project.
*Please see attached

GREENWASTE RECYCLING
AB 939 mandates that the City of Moreno Valley divert from landfills fifty percent (50%) of the solid waste, including greenwaste, generated within its jurisdiction.

Describe your program to ensure that the City receives credit for greenwaste that will be generated from executing the project's Scope of Work. Include the name(s), address(es) and phone number(s) of the recycling facility(ies) that will be accepting the greenwaste generated from your operations on the project. If planning to use any recycled greenwaste products (mulch, compost, soil amendments, etc.) on the project, please give name/address/phone information of the producer if different from those listed above.
*Please see attached

LIST OF SUBCONTRACTORS
In compliance with the provisions of Government Code, Section 4102, the undersigned Contractor sets forth the name and location (address) of the place of business of each subcontractor who will perform work, labor or render service to the Contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor's total Proposal, and the portion of the work which will be done by each subcontractor, as follows.

In compliance with Labor Code 1771.1(a), please include any subcontractor's DIR registration number.

Name, current DIR No., License
and Classification No.

Business Address and
Telephone
Description of Work
None

Attachment B: Special Provisions
All items below apply to this bid proposal:

Hold Harmless and Indemnification: The successful bidder hereby agrees to indemnify, defend, and hold harmless City (including its officials, officers, agents, employees, and representatives) from and against any and all claims of any kind or nature presented against City arising out of vendor's (including vendor's employees, representatives, and subcontractors) performance under this agreement, excepting only such claims, costs or liability which may arise out of the sole negligence or willful misconduct of City.

Insurance Provisions: Unless otherwise stated in the RFP specifications, the following insurance requirements apply:

1. Comprehensive General Liability Insurance: (include products liability) $1,000,000 per occurrence.

2. Auto Liability Insurance: $1,000,000 per occurrence, combined single limit (CSL).

3. Workers' Compensation Insurance: as required by State statutes.

4. Employer's Liability Insurance: $1,000,000 per accident; $1,000,000 policy limit for disease.

5. All policies of insurance must provide for a minimum of thirty (30) days written notice of any change or cancellation of the policy.

6. Insurance policies to be in a form ad written through companies acceptable to City; and must include those endorsements which are necessary to extend coverage which is appropriate to the nature of the agreement.

Affirmative Action: In support of Affirmative Action, City requires all suppliers to comply with Title VII of the Civil Right Act of 1964, as amended, the Civil Rights Act of 1992, and all federal, state, and municipal laws and regulations pertaining thereto. In addition, successful bidders must certify prior to award of contracts in excess of $50,000 that they have a written affirmative action plan in compliance with the above laws and regulations, and such plan may be reviewed by City. Said Certification may be made by signing below:

Certified to above - FIRM: Mariposa Landscapes, Inc.

SIGNATURE:

PRINT NAME:

TITLE:
\J (
Noriega
President
Exceptions: If your company is taking exception to any of the specifications, terms or conditions (including insurance, indemnification and/or proposed contract language) stated in this Request for Proposal, please indicate below and describe details: (check any that apply).

X No exceptions taken
Exception taken to the scope of work or specifications
Exception taken to indemnification and insurance requirements Exception to proposed contract language
Other

Please explain any of the checked items:

Note: Taking exception to City's requirements without approval of City prior to submission of your proposal may be cause for rejection of the proposal.

PROPOSING FIRM: ' Mariposa Landscapes, Inc. DATE:

BUSINESS ADDRESS: 6232 Santos Diaz St, Irwindale, CA 91702 SIGNATURE OF REPRESENTATIVE:

BY: Terry Noriega TITLE: cl\president
2/24/2025
INSTRUCTION REGARDING SIGNATURE: If bidder is an individual, state "Sole Owner" after signature. If bidder is a partnership, signature must be by a general partner, so stated after "Title". Names of all other partners and their business addresses must be shown below. If bidder is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:

Mariposa Landscapes, Inc. 6232 Santos Diaz St, Irwindale, CA 91702 Terry Noriega, President
Antonio Valenzuela, Secretary

Landscape Districts - WEST
RFP 2025-XX
Freauencv of Services Table — Base Work
Scope of Work -
Agreement
Specification
Title' Summary of Work
Frequency
Level 1 Service Level 2 Service Level 3 Service Level 4 Service Level 5 Service Level 6 Service Level 7 Service (4 week) (8week) (12 week) (16 week) r,,,r__(20 week) (24 week) (Other) Exhibit A, Section 2 Turf Care
Mow/edge/trim Weekly Every other week Every other week Every other week Every other week Every other week Every other week Aeration Bi-annually
.SSpring & Fall)
Bi-annually
..(Spring & Fall)
Annually
SSpring)
Annually
,(Spring)
Annually
j_S.rring)
Annually
,(Spring)
As directed by City
Exhibit A, Section 4 Shrub Care Prune/trim Monthly 6 times per year 4 times per year Every 16 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 20 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 24 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 28 Weeks or
as directed by City
staff to remove ROW
encroachments
Exhibit A, Section 5 Ground Cover Prune/trim Monthly 6 times per year 4 times per year Every 16 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 20 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 24 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 28 Weeks or
as directed by City
staff to remove ROW
encroachments
Exhibit A, Section 9 Weed Control Weed Control Monthly 6 times per year 4 times per year Every 16 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 20 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 24 Weeks or
as directed by City
staff to remove ROW
encroachments
Every 28 Weeks or
as directed by City
staff to remove ROW
encroachments
Exhibit A, Section 10 Irrigation Irrigation Maint./Repair Weekly Weekly Weekly Monthly Monthly Monthly Monthly Exhibit A, Section 11 Debris/Litter Trash/Debris Removal Weekly Weekly Every other week Monthly Every Other Month Quarterly Quarterly Exhibit A, Section 8 Water Quality Basins
WQB Bottom Vegetation Annually
Forebays and Outlet Structures Bi-annually
Sand Bed Maintenance
2 times per year
(Spring and Fall)
Irrigation Weekly Weekly Every other week N/A N/A N/A N/A Trash/Debris Removal Weekly Weekly Every other week N/A N/A N/A N/A Exhibit A, Section 6 Channel Thinning
Vegetative thinning Annually
Weeding Quarterly
Weekly Irrigation
Trash/Debris Removal Monthly
Exhibit A, Section 12 Turf Fertilization2 Turf Fertilization 3 times per year
(Feb., Jun. & Oct.)
3 times per year
(Feb., Jun. & Oct.)
3 times per year
(Feb., Jun. & Oct.)
2 times per year
(Feb. & Oct.)

N/A N/A N/A
Exhibit A, Section 12 Shrub/ Ground Cover
Fertilization 2
Shrub/ Ground Cover Fertilization 2 times per year
(Apr. & Sep.)
1 time per year 1 time per year
(Apr.) JApr.)
1 time per year
(Apr.)

N/A N/A N/A
Exhibit A, Section 9 Pre-emergent2 Pre-emergent 2 times per year (Spring & Fall)
2 times per year 2 times per year
(Spring & Fall) (Spring & Fall)
1 time per year
(Spring)
1 times per year
(Spring)
1 times per year
(Spring)
1 times per year
(Spring)
Scope of Work -
Agreement
Specification
Title' Summary of Work
Frequency
Level 1 Service Level 2 Service Level 3 Service Level 4 Service Level 5 Service Level 6 Service Level 7 Service (4 week). (8 week) (12:week) (16 week) (20 week) (24 week) (Other) Exhibit A, Section 7
Paseo Maintenance
(6 maintenance
areas)
Annual Weed Abatement 1 time per year 1 time per year 1 time_per year 1 time per year N/A N/A N/A 24" clearance/structures 1 maintenance area per month Every other Month Quarterly Annually N/A N/A N/A Irrigation Weekly Monthly Monthly Monthly N/A NIA N/A
Shrub trimming/clearing from trails/fencer 1 maintenance area per month Every other Month Quarterly Annually N/A N/A N/A Trash/Debris Removal 1 maintenance area per month Every other Month Quarterly Annually N/A N/A N/A Scope of Work -
Agreement
Specification
Title' Summary of Work
Frequency
Level 1 Service Level 2 Service Level 3 Service Level 4 Service Level 5 Service Level 6 Service Level 7 Service (4 week) (8 week) (12 week) (16 week) (20 week) (24 week) (Other) Exhibit A, Section 34 Reporting Forms Irrigation Report Weekly Monthly Exhibit A, Section 34 Reporting Forms Greenwaste Recycling Report Monthly Exhibit A, Section 34 Reporting Forms Landscape Services Report Monthly Footnotes
' If applicable.
2 Specification of month to be approved by Director in advance of application.

SIGNATURE Ter Noriega, d ent
By signing, I hereby acknowledge review of the aforementioned Frequency of Services and have incorporated reference of the frequencies in the Proposal Schedule, including the proposed monthly and annual schedule sheets for the services to be provided consistent with the terms of this Agreement.

Frequency of Services Table
Scope of Work
Agreement Specification Title Summary of Work
Frequency
Standard Service Reduced Service
(4 Week) (12 Week)
Attachment I. B. 1. (a). Turf Care Mow/edge/trim Weekly Every other week Aeration Bi-annually
.(Spring & Fall)
Annually
(Spring)
Attachment I. B. 1. (b) Tree Care Prune/trim
Attachment I. B. 1. (c). Shrub Care Prune/trim Monthly 4x's per year Attachment I. B. 1. (d). Ground Cover Prune/trim Monthly 4x's per year Attachment I. B. 1. (e) Weed Control Weed control Monthly 4x's per year Attachment I. B. 1. (f) Irrigation Weekly Weekly
Attachment I. B. 1. (g) Debris/Litter Debris/Litter removal Weekly Monthly Attachment I. B. 1. (h) Greenwaste Recycling Monthly 4x's per year Attachment I. C. Channel Thinning Vegetative thinning
Weeding
Irrigation
Trash/Debris Removal
Attachment I. D. 1. Turf Fertilization' 3x's per year
(Feb., June & Oct.)
3x's per year
(Feb., June & Oct.)
Attachment I. D. 2. Shrub/ Ground Cover
Fertilization
2x's per year
(April & Sept.)
lx per year
(April)
Attachment I. D. 3. Tree Fertilization 2x's per year
(April & Sept.)
lx per year
(April)
Attachment I. E. 1. Pesticide usage criteria2 2x's per year (Spring & Fall)
2x's per year
(Spring & Fall)
Footnotes
'As of the preparation of this RFP, no Turf areas are located within ZN D, LMD 2014-02 ZN 09, CFD 2014-01, ZN M,and ZN S. This specification is consistent with landscaped service areas having Turf. Should ZN D, LMD 2014-02 ZN 09, CFD 2014-01, ZN M, or ZN S add and/or remediate parkway or median locations to include Turf, this Specification shall apply. 2 Specification of month to be approved by Director in advance of application.

Service Schedule Levels Service Type
Level 1 - (Monthly)
Monthly Maintenance includes:
• Weekly irrigation monitoring.
• Monthly - Shrub trimming and clearing from trails and fences. • Monthly - Clearance to maintain a 24' width of clearance of open space abutting residential parcels. • One annual weed abatement.

Level 2 - (Every Other Month)
Every Other Month Mainteance includes:
• Monthly irrigation monitoring.
• Every Other Month - Shrub trimming and clearance from trails and fences. • Every Other Month - Clearance to maintain a 24' width of clearance of open space abutting residential parcels. • One Annual weed abatement.

Level 3 - (Quarterly)
Quarterly Maintenance includes:
• Monthly irrigation monitoring.
• Quarterly - Shrub trimming and clearing from trails and fences. • Quarterly - Clearance to maintain a 24' width of clearance of open space abutting residential parcels. - One Annual weed abatement.

Level 4 - (Annually)
Annual Maintenance includes:
• Monthly irrigation monitoring.
• Annual - Clearance to maintain a 24' width of clearance of open space abutting residential parcels. • One Annual weed abatement.

PROPOSAL AFFIRMATION
With regard to the information provided hereinabove (Exhibit E: Submittal Documents), I affirm that:

1. All information provided is true and correct to the best of my knowledge, and;

2. I understand that a materially false statement willfully or fraudulently made in connection with this proposal may result in the termination of any Contract between the City of Moreno Valley, the Moreno Valley Community Services District and Mariposa Landscapes, Inc. , and further, the aforesaid company may be barred from participation in future City contracts and be subject to possible criminal prosecution, and;

3. I have legal authority to bind Mariposa Landscapes, Inc. affirmation.
to the terms of this
For the proposal to be valid, this sheet must be returned with the proposal submission and fully completed with a legible signature and date

SIGNATURE
PRINTED NAME Terry Noriega
TITLE President
A-L-p cs_
COMPANY NAME Mariposa Landscapes, Inc.

DATE 2/24/2025

NON-COLLUSION AFFIDAVIT
Note: To be executed by Proposer and submitted with proposal.

State of California
(the State of the place of business)
County of Los Angeles
(the County of the place of
business)
, being first duly sworn,
Terry Noriega deposes and
(name of the person signing this form)
says that he/she of
is President
(title of the person signing this form)
, the party making the foregoing
bid Mariposa Landscapes, Inc.
(name of bidding company)
that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other fiQancial interest with said bidder in the general business.

By:

Printed
Name:

Title:

Notary is required for this bid.
(signature)
Terry Noriega
(name of the person signing this form)
President
(title of the person signing this form)

ACKNOWLEDGMENT
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.

State of California
County of Los Angeles
On 9 -()--1 209S before me, Brandon James Williamson, Notary Public (insert name and title of the officer)
personally appeared \--'lam' t V Ol e e A who proved to me on the basis of satisfactory evictsice to be the person(s) whose name(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 (Seal)

BRANDON JAMES WILLIAMSON
Notary Public - CaliforniaLos Angeles County
Commission # 2354892 My Comm. Expires Apr 19, 2025

CERTIFICATION OF NON-DISCRIMINATION
Pursuant to California Labor Code Section 1735, as added by Chapter 643 statutes of 2039, and as amended,
No discrimination shall be made in the employment of persons upon Public Works because of race, religion creed, color, national origin, ancestry, physical handicaps, mental condition, marital status or sex of such persons, except as provided in Section 12940, of the California Labor Code and every Contractor of Public Works violating this section is subject to all penalties imposed for a violation of the Chapter.

I certify that I have read, and understand the foregoing:

SIGNATURE
PRINTED NAME Terry Noriega
TITLE President
COMPANY NAME Mariposa Landscapes, Inc.

DATE 2/24/2025

Affirmation of Proposal Guarantee
The undersigned also affirms that:

Accompanying this Proposal is a cashier's check, a certified check, or a Bid Bond for 10% of Bid amou,ntpayable to the City of Moreno Valley, which is deemed to constitute liquidated damages, if, in the event this Proposal is accepted, the undersigned shall fail to execute the Agreement and furnish satisfactory bonds under the conditions and within the time specified in this Proposal, otherwise said cash, cashier's check, certified check or Bid Bond is to be returned to the undersigned.

Dated
Contractor Signature
By
Contractor Address
Contractor Telephone Number
Names and Addresses of Members of the Contractor:
2/24/2025
Terry Norieg
6232 Santos Diaz St, Irwindale, CA 91702
(626) 960-0196
(If a Corporation) Terry Noriega-President, Antonio Valenzuela-Secretary, Signature of Contractor
Theresa Lu-Chief Financial Officer
623 Santos liaz St, Irwindale, CA 91702
By Terry Noriega
Title President
Business Address 6232 Santos Diaz St, Irwindale, CA 91702 Incorporated Under Laws of the State of California
State License Number and Classification 592268 - Class A, C27, C61/D49 C31,C49
President Terry Noriega
Secretary Antonio Valenzuela
Treasurer Theresa Lu, Chief Financial Officer
(Corporate Seal)

**Landscape & Irrigation Maintenance Services - Landscape District: West BOND No. BBSU

BIDDER'S BOND
KNOW ALL MEN OR WOMEN BY THESE PRESENTS:

That Mariposa Landscapes, Inc. , as Principal, hereinafter referred to as "Contractor," and Hartford Fire Insurance Company , a duly authorized admitted surety insurer as Surety, are held and firmly bound unto the City of Moreno Valley and the City of Moreno Valley Community Services District, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Moreno Valley and the City of Moreno Valley Community Services District, for the Work for said Project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Moreno Valley and the City of Moreno Valley Community Services District, to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally liable (CCP 995.320 (a)(1), PCC 20171), firmly by these presents. In no case shall the liability of the Surety hereunder exceed the amount of:

Ten Percent of the Bid Amount In Dollars (10%)
THE CONDITION OF THIS OBLIGATION IS SUCH:

That whereas the Contractor has submitted the above-mentioned Bid to the City of Moreno Valley and the City of Moreno Valley Community Services District, as aforesaid for the Work for said Project entitled above.

NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract Documents, and files two bonds with the City of Moreno Valley and the City of Moreno Valley Community Services District, one to guarantee Faithful Performance and the other to guarantee payment for labor and materials, in accordance with said Contract Documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. The Surety hereby waives notice of an agreement between the City and the City of Moreno Valley Community Services District and Contractor to extend the time in which the City may accept the Bid.

In the event suit is brought upon this bond by the City and/or the Moreno Valley Community Services District, and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS)

IN WITNESS WHEREOF, we have hereunto set our hands on this 28th day of February 2025
BIDDER (Principal)
Name: Mariposa Landscapes, Inc.

Address: 6232 Santos Diaz Street

CORPORATE SURETY
Company Name: Hartford Fire Insurance Company
AddreSS: 1 Pointe Drive 6th Floor
Irwindale, CA 91702 Brea, CA 92821
Telephone No.: (626) 960-0196 Telephone No.: (714) 674-4533 Print Name: Tall .W 4.1(k- Print Name: Mary Smith
Title: *---C \OU4.,
Signature:

Date: 65 S
Signature:
(Attorn In-Fact)
Date: 02/28/2025

SIGNING INSTRUCTIONS
• The bond shall be executed by a California admitted surety insurer (CCP 995.311). • The bond shall include an attached Notary Certificate for the Attorney -in-Fact for the Surety.
• The bond shall include an attached original Power of Attorney only authorizing the Attorney -in-Fact to act for the Surety.
• The bond shall include the address at which the Principal (Bidder) and Surety may be served with notices, papers and other documents.
• The Surety's corporate seal may be affixed hereto (optional).

If any of the above mandatory items are omitted, the Bid will be considered non -responsive and will be rejected.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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.

State of California
County of Los Angeles
On 02/28/2025 before me, Clarice Lee, Notary Public
Here Insert Name and Title of the Officer Date
personally appeared Mary Smith
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/ subscribed to the within instrument and acknowledged to me that WsheitliW executed the same in 10Wheritbar authorized capacityPS), and that by i)(It/her/fthilir signature() on the instrument the person(), or the entity upon behalf of which the person(6) acted, executed the instrument.

CLARICE LEE COMMISSION #2506890
Notary Public - California

LOS ANGELES COUNTY
My Commission Expires
DECEMBER 14, 2028
Place Notary Seal Above
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 d official se I.

Signature

OPTIONAL
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Description of Attached Document
Title or Type of Document: Docum-. ate:

Number of Pages: Signer(s) Other Than Named Abo
Capacity(ies) Claimed by Signer(s)
Signer's Name:

El Corporate Officer — Title(s):

LI Partner — FA Limited El Gene
III Individual Attor Fact
❑ Trustee ardian or Conservator
LI Other:

Signer epresenting:

Signer's Name:

I I Corporate Officer — Title(s):

El Partner — I I Limited LI General
Individual I I Attorney in Fact
LI Trustee I I Guardian or Conservator
Cl Other:

Signer Is Representing:

O2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name:

Agency Code:

Direct Inquiries/Claims to:

THE HARTFORD
BOND, T-11
One Hartford Plaza
Hartford, Connecticut 06155
Bond.ClaimsAthehartford.com
call: 888-266-3488 or fax 860-757-5835

BOLTON INSURANCE SERVICES LLC
72-183250
X
X
X
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

Steven L. Brookmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.

Wanglin of PASADENA, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by El, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

STATE OF FLORIDA
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• 1887 • t.,A71.0 it
...... 1979 1919
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Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President Ss. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. oGel_e_erricJessica Ciccone
My Commission HH 122280
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 28, 2025 Signed and sealed in Lake Mary, Florida.
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Keith D. Dozois, Assistant Vice President

State of California
County of Los Angeles
On before me, Brandon James Williamson, Notary Public
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. 45 BRANDON JAMES WILLIAMSON Notary Public • California
Los Angeles County
Commission # 2354892 °tirOa My Comm, Expires Apr 19, 2025 Signature (Seal)

PROPOSAL AFFIRMATION
With regard to the information provided hereinabove (Exhibit E: Submittal Documents), I affirm that:

1. All information provided is true and correct to the best of my knowledge, and;

SIGNATURE
PRINTED NAME Terry Noriega
TITLE President
A-L-p cs_
COMPANY NAME Mariposa Landscapes, Inc.

DATE 2/24/2025

NON-COLLUSION AFFIDAVIT
Note: To be executed by Proposer and submitted with proposal.

By:

Printed
Name:

Title:

Notary is required for this bid.
(signature)
Terry Noriega
(name of the person signing this form)
President
(title of the person signing this form)

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 (Seal)

BRANDON JAMES WILLIAMSON
Notary Public - CaliforniaLos Angeles County
Commission # 2354892 My Comm. Expires Apr 19, 2025

I certify that I have read, and understand the foregoing:

SIGNATURE
PRINTED NAME Terry Noriega
TITLE President
COMPANY NAME Mariposa Landscapes, Inc.

DATE 2/24/2025

Affirmation of Proposal Guarantee
The undersigned also affirms that:

**Landscape & Irrigation Maintenance Services - Landscape District: West BOND No. BBSU

BIDDER'S BOND
KNOW ALL MEN OR WOMEN BY THESE PRESENTS:

Ten Percent of the Bid Amount In Dollars (10%)
THE CONDITION OF THIS OBLIGATION IS SUCH:

IN WITNESS WHEREOF, we have hereunto set our hands on this 28th day of February 2025
BIDDER (Principal)
Name: Mariposa Landscapes, Inc.

Address: 6232 Santos Diaz Street

Date: 65 S
Signature:
(Attorn In-Fact)
Date: 02/28/2025

If any of the above mandatory items are omitted, the Bid will be considered non -responsive and will be rejected.

CLARICE LEE COMMISSION #2506890
Notary Public - California

WITNESS my hand d official se I.

Signature

OPTIONAL
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Description of Attached Document
Title or Type of Document: Docum-. ate:

Number of Pages: Signer(s) Other Than Named Abo
Capacity(ies) Claimed by Signer(s)
Signer's Name:

El Corporate Officer — Title(s):

LI Partner — FA Limited El Gene
III Individual Attor Fact
❑ Trustee ardian or Conservator
LI Other:

Signer epresenting:

Signer's Name:

I I Corporate Officer — Title(s):

El Partner — I I Limited LI General
Individual I I Attorney in Fact
LI Trustee I I Guardian or Conservator
Cl Other:

Signer Is Representing:

O2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name:

Agency Code:

Direct Inquiries/Claims to:

THE HARTFORD
BOND, T-11
One Hartford Plaza
Hartford, Connecticut 06155
Bond.ClaimsAthehartford.com
call: 888-266-3488 or fax 860-757-5835

Steven L. Brookmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.

STATE OF FLORIDA
0,1Y I too
4). =
*40
0 /(0)7-41,0

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. 45 BRANDON JAMES WILLIAMSON Notary Public • California
Los Angeles County
Commission # 2354892 °tirOa My Comm, Expires Apr 19, 2025 Signature (Seal)

q MAR1POSA LANDSCAPES I NC
ORE
MBER

PREPARED FOR:

City of Moreno Valley
14177 Frederick Street

PREPARED BY:

Mariposa Landscapes Inc.
6232 Santos Diaz St, Irwindale, CA 91702
Dave Widjaja, Chief Estimator
(626) 426-1121
[email protected]
RESPONSE TO:

RFP # 2025-004
Landscape & Irrigation Maintenance Services –
Landscape District: West
March 4th , 2025

Cover Letter
City of Moreno Valley
Attention: RFP Representative
Ref: RFP #2025-004
Address: 14177 Frederick Street, Moreno Valley, CA 92552 Since 1977, Mariposa Landscapes, Inc. has been a trusted leader in the landscaping industry.

What started as a small, single-truck operation in Rosemead, California, has grown into a robust fleet with a skilled team of over 800 professionals serving Southern California and Arizona.

With more than 100 awards recognizing project excellence, we take great pride in the quality of our work and are consistently regarded as one of the most recommended companies in the industry. Our commitment to customer satisfaction has helped us build lasting relationships with clients, allowing us to bring decades of expertise to every landscape we manage. We focus on fostering long-term partnerships, taking the time to understand your goals, and dedicating ourselves to the care and enhancement of your properties.

At Mariposa Landscapes, we believe in the value of open communication, continuous staff development, and staying at the forefront of innovation to ensure we deliver the highest standard of service. While we appreciate the recognition we've earned, the true reward comes from seeing our clients enjoy beautifully designed and flourishing landscapes.

No exception will be proposed by Mariposa Landscapes for this RFP Organization Structure: Corporation
Names and Titles of Principal Owner: Terry Noriega, President Person(s) Authorized to make Commitment: Terry Noriega and Antonio Valenzuela Sincerely,
Terry Noriega \- President
41 Safety • Teamwork • Quality • Integrity 2

4 I
Safety • Teamwork • Quality • Integrity 3

Table of Contents

Cover Letter ................................ ................................ ................................ .................. 2 Professional Team Assignment ................................ ................................ ...................... 4 Maintenance Division Organization & Experience ................................ ............................ 7 Proposal Cost ................................ ................................ ................................ ............... 9 Response Template ................................ ................................ ................................ .... 10 Project Specific Methodology ................................ ................................ ...................... 10 Workplan and Approach ................................ ................................ .............................. 11 Workplan and Approach (cont.) ................................ ................................ ................... 12 Project Specific Equipment................................ ................................ .......................... 12 About Us ................................ ................................ ................................ .................... 13 Continual Employee Training ................................ ................................ ....................... 15 Safety................................ ................................ ................................ ......................... 16 Our Services ................................ ................................ ................................ ............... 18 Required Forms ................................ ................................ ................................ .......... 20

• Terry Noriega
President
6 14 r
-s -Antonio Valenzuela
VP Operations
2^
Luis Valenzuela
Landscape Maintenance
Division Manager
Rich Jensen
Project Manager -
Landscape
Construction
Larry Rudd
VP Sales & Marketing
Dennis Jones
Tree Care Regional
Divisional Manager
Alex Del Valle
Risk Control Manager
Safety • Teamwork • Quality • Integrity 4
Professional Team Assignment
Mariposa Landscapes prides itself on a dynamic and experienced leadership team that drives operational efficiency and client satisfaction. Our organizational structure ensures streamlined communication and smooth project execution across all divisions, fro m operations to sales and maintenance. Below is our detailed organizational chart, followed by individual profiles of key leadership members, each presented in a concise and easy-to-reference format.

Leadership Profiles
The following profiles showcase the qualifications, credentials, and contributions of our key members, highlighting the depth of knowledge and leadership that defines Mariposa Landscapes. These individuals are not only industry experts but also the driving force behind our commitment to delivering exceptional results for every project.

Terry Noriega – President
Experience & Credentials
Terry has over 45 years of experience in landscaping, spanning installation, maintenance, and leadership. His relentless pursuit of knowledge and certification has shaped Mariposa's corporate culture.
• B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona
• California Contractors Licenses: C-27, A, C61/D49, C-31 • Pest Control Advisor (6 Cat.) & Qualified Pest Control Applicator (7 Cat.) • Certified Landscape Technician in Ornamental and Turf Maintenance • ISA Certified Arborist (WE-1182A)
• Arizona Contractor’s License (ROC178088 K-21) and Pest Control Business License (8246) Ongoing Training
• Member of the California Landscape Contractor’s Association • Action Sales Training

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Safety • Teamwork • Quality • Integrity 5
Antonio Valenzuela – VP Operations
Experience & Credentials
Antonio has over 30 years of experience in landscape maintenance and irrigation. Rising from an Irrigation Technician to overseeing Mariposa’s operations, he ensures the efficient execution of projects across all divisions. His expertise reinforces Maripos a’s commitment to sustainability and operational excellence. • Certified Landscape Technician in Ornamental and Turf Maintenance • Pest Control Qualified Applicator (3 Categories)
• Certified Landscape Professional
• Backflow Certification – Los Angeles County
• Landscape Water Auditor – Cal Poly SLO
Ongoing Training
• Continuous OSHA Safety Training

Larry Rudd – VP Sales & Marketing
Experience & Credentials
With over 45 years of experience in landscape installation, maintenance, and estimating, Larry has played a key role in Mariposa’s business development. From laborer to VP, he has refined sales strategies and implemented profit-tracking systems that drive growth.

He also contributes to the industry as an educator and certified professional across multiple disciplines.
• B.S. in Business Management – University of Phoenix
• Certified Landscape Technician – Hardscape Install, Softscape Install, Ornamental & Turf Maintenance
• Water Efficient Landscaper (WaterSense Certified)
• Arizona Certified Landscape Professional
• American Green Zone Alliance – Electric Equipment Certification • Red Cross CPR Safety Trained
Ongoing Training
• Associate Instructor – Cal Poly Pomona, Cal State Fullerton • Continuous OSHA Safety Training

Dennis Jones – Tree Care Regional Divisional Manager
Experience & Credentials
With over 20 years in the landscape industry, Dennis specializes in arbor care and tree asset management. He leads Mariposa’s tree division and GIS -based tree mapping projects, ensuring safe and efficient urban forestry management. • B.S. in Urban Forestry – Cal Poly San Luis Obispo
• ISA Certified Arborist (WE-5700A)
• SA Qualified Tree Risk Assessment
• TCIA Certified Tree Safety Professional (843)
• Qualified Applicator License – Categories B, C & F
• Wildlife Protector Certification
• Notary Public
Ongoing Training
• CEU Training for Arborist & TCIA

'yr

47. Safety • Teamwork • Quality • Integrity 6
Luis Valenzuela – Landscape Division Manager
Experience & Credentials
Luis has over 25 years of experience in landscape and construction operations. Rising through the ranks at Mariposa, he now manages the maintenance division, ensuring high-quality service and operational efficiency. His expertise in irrigation, arboriculture, and business leadership plays a key role in the company’s success. • Qualified Applicator License – Category B
• Certified Landscape Technician – Irrigation
• ISA Certified Arborist (WE-8713A)
• Certification in Effective Business Leadership & Development – PDC/GCC Ongoing Training
• Continuous OSHA Safety Training

Alex Del Valle – Risk Control Manager
Experience & Credentials
Alex has over 13 years of experience in risk management and workplace safety. Since joining Mariposa, he has implemented training programs that have significantly improved safety metrics. His expertise ensures compliance and enhances overall workplace security.
• OSHA 30 Certified
• Certified Forklift Instructor
• Certified AHA CPR and First Aid Trainer
Ongoing Training
• Continuous OSHA Safety Training

Rich Jensen – Project Manager, Landscape Construction
Experience & Credentials
With over 30 years of experience in public works, commercial, and residential landscaping, Rich manages projects with a focus on safety, quality, and efficiency. He ensures successful project execution while upholding the highest industry standards. • Qualified Applicator License – Category B
• Certified Landscape Technician – Ornamental Maintenance, Turf Maintenance • Certified Arborist (WE-10222A)
Ongoing Training
• Continuous OSHA Safety Training

0 Luis Valenzuela
Landscape Maintenance
Division Manager
5^
Michael Williams
Area Manager - Santa
Ana F. San Diego
a Roberto Perez
Area Manager -
Fontana
0 Tony Valenzuela
Area Manager -
Irwindale
o Craig Johnson
Area Manager -
Gardena
a Alyssa Noriega
Area Manager - Somis
Safety • Teamwork • Quality • Integrity 7
Maintenance Division Organization & Experience
Mariposa Landscapes' Maintenance Division is led by a team of highly experienced professionals who ensure that every project is executed with precision, efficiency, and environmental responsibility. Our Area Managers bring decades of expertise in landscape maintenance, irrigation systems, and arbor care, providing leadership that upholds the company’s reputation for excellence. Below are the profiles of our key maintenance personnel.

Key Personnel
Each leader brings a specialized skill set that enhances Mariposa’s ability to deliver exceptional landscape maintenance solutions. Their deep industry knowledge, combined with continuous training and certifications, ensures that our clients receive the highest quality service with a focus on sustainability, water conservation, and operational excellence. The following profile highlight the experience and credentials of our key maintenance division leader assigned to Moreno Valley.

Roberto Perez – Area Manager Fontana
Experience & Credentials
With over 25 years of experience, Roberto Perez is an expert in large-scale public works landscape maintenance. His background as a public works inspector provides him with valuable insight into regulatory compliance, quality control, and efficiency improvements in municipal and commercial landscaping projects. • Graduate of the Pacific Southwest Maintenance Management School • MSAC Irrigation Design and Plant ID Certificate
• Leadership Academy Certificate, Cal Poly Pomona
• Calsense 3000 Certified
Ongoing Training
• Continuous OSHA safety training
• Qualified Applicator License – In Process
• Cal State Fullerton Water Auditor – In Process

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Safety • Teamwork • Quality • Integrity 8
Staff Descriptions

No. of
Employees
Job Titles Description of Work
Base Crew
1 Foreman
The Foreman will be responsible for ensuring various tasks get achieved through the day. That will include routine tasks, such as picking up litter, , carrying out pruning, trimming and mowing schedules. The foremen will be in direct contact with the Account Manager.
1 Laborers
The laborers will be assisting with all routine tasks, such as picking up litter, , carrying out pruning, trimming and mowing schedules. They will be in direct contact with the Foreman.

Irrigation
1 Irrigation
Technician
The irrigation technician will be responsible for monitoring and checking the irrigation system . They will also turn the system on and off during per schedule. They will report directly to the Account Manager.

Weed Control
1 Spray
Technician
The spray technician shall be responsible for applying the required chemicals to regulate and eliminate weeds in the landscape. They will report directly to the Account Manager.

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Safety • Teamwork • Quality • Integrity 9
Proposal Cost
Please refer to the pricing within the electronic solicitation program (OpenGov Website)

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Safety • Teamwork • Quality • Integrity 10
Response Template
Project Specific Methodology
Mariposa Landscapes, Inc. will provide all labor, equipment, materials, and supervision necessary to perform this contract in accordance with the City of Moreno Valley’s requirements, as outlined in the proposal documents: Exhibit A, “Scope of Work,” and E xhibit E, “Frequency of Services Table.” This includes, but is not limited to, mowing, edging, trimming, pruning, weed control, aeration, fertilization, weekly trash policing, appropriate use of herbicides, recycling, green waste removal, irrigation checks , and a 24-hour emergency contact.

A sufficient number of crew members will be assigned to fulfill this contract, including:
• 1 Supervisor/Account Manager
• 1 Foreman
• 1 Laborer
• 1 Spray Technician
• 1 Irrigation Technician
These personnel will oversee routine maintenance tasks such as mowing, shrub maintenance, litter control, irrigation, and weed control. Our Account Manager will be shared with another Moreno Valley contract, while the Foreman and Laborer will be full-time personnel dedicated solely to this contract. Any major spraying or pest control will be handled by our Spray Technician, and the Irrigation Technician will conduct weekly visits to inspect and repair the irrigation system as needed.

Each branch has crews assigned for extra work to ensure that the committed manpower for each site is not affected by additional requested services. For the most efficient transition, Mariposa will consider hiring qualified workers from the incumbent contractor’s workforce.

Mariposa is currently transitioning to an eco -friendly structure. We have been advocating for the use of electric equipment to reduce carbon emissions. Since 2015, we have invested in hybrid vehicles, and since 2017, we have used battery -powered blowers for large municipal contracts, including the City of Los Angeles.

If awarded the contract, Mariposa will be ready to begin service within one month of receiving notice.

Safety • Teamwork • Quality • Integrity 11
Workplan and Approach
The schedule outlined below is subject to change and requires approval from the designated representatives. Any adjustments will be made to align with operational requirements. At the commencement of the contract, our Project Manager will submit the annual schedule, and a monthly report will be provided at the start of each month for the representatives.

Weekly Average

Monday Tuesday Wednesday Thursday Friday
Weed Removal X X X X X
Litter Removal X X X X X
Irrigation System Inspection X
Turf Mowing, Edging, Trimming X
Disease, Herbicide, Pest Control - - - - -
Pruning, Trimming X X X X X

Yearly Average

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Weed Removal WK WK WK WK WK WK WK WK WK WK WK WK
Litter Removal WK WK WK WK WK WK WK WK WK WK WK WK
Irrigation System
Inspection

WK WK WK WK WK WK WK WK WK WK WK WK
Lawn Mowing,
Edging,
Trimming

WK WK WK WK WK WK WK WK WK WK WK WK
Herbicide, Pest
Control
x x x x x x
Pruning Cycle MO MO MO MO MO MO MO MO MO MO MO MO
Fertilize Turf x x x
Mulching AN AN AN AN AN AN AN AN AN AN AN AN
Aeration X X
*AS = as needed *MO = monthly *WK = weekly *BI= Biweekly *DY = Daily *2X/DY = 2 times a day <sg
Safety • Teamwork • Quality • Integrity 12
Workplan and Approach (cont.)
Our crew will follow the above schedule for most sites (Site Area 1A will be visited per Level 3 schedule).

Our Account Manager will ensure that schedules and deadlines are met through communication with the foreman and routine quality checks.

Response time for urgent requests is within 1 -2 hours for emergencies. Minor proposal requests will be addressed within 48 hours.

Any lost work hours will be compensated. For example, if rainy weather prevents our crew from working, we will provide equivalent manpower the following day to make up for the lost time.

Project Specific Equipment
Mariposa Landscapes Inc. is proud to maintain a modern fleet, consisting of the latest models of vehicles and equipment, including all the essential tools needed to fulfill our contract work. Our fleet is under five years old and is meticulously maintained by our in -house mechanics. Notably, we offer large -capacity mowing equipment, a unique advantage that sets us apart from most competitors.

To ensure reliable service, we employ a full team of skilled mechanics, and we maintain an extensive inventory of backup equipment, which allows us to consistently adhere to our project schedules.

We are confident that the equipment detailed in our proposal will provide comprehensive coverage and surpass the city’s established standards. Our commitment to excellence is demonstrated through our meticulous selection of resources and skilled personnel. Mariposa Landscape Inc. is dedicated to ensuring that every aspect of our work exemplifies the highest quality, reflecting both our expertise and our commitment to delivering superior results.

Anticipated Equipment

Regular Vehicles Periodic Vehicles
QTY Vehicles QTY Vehicles
1 1
Truck Toyota Tacoma w/Irrigation Setup
Truck Chevy 2500HD, Dbl Cab, Landscape body

TBD

Regular Equipment Periodic Equipment
QTY Equipment QTY Equipment
1 1
1 1
1 1
1 Trimmer String (Weedeater)
Blower backpack
Hedge Trimmer 51” Long Staff
Mower 21 in, Recycler
Mower 50 in, Recycler
Edger Stick Type
Truck and Tools Equipment
TBD

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Safety • Teamwork • Quality • Integrity 13
About Us
Mariposa Landscapes, Inc. has been transforming outdoor spaces with expertise and innovation since 1977. What began as a small operation in Rosemead, California, has grown into one of the most trusted names in landscaping across Southern California and Arizona. Today, we proudly employ over 800 dedicated professionals, including Certified Arborists, Pest Control Advisors, Certified Irrigators, and Landscape Technicians.

Our Core Values
Our success is driven by a set of core values that underpin every aspect of our operations:
• Safety: Ensuring the well-being of our team and clients on every project. • Teamwork: Collaborating with clients and stakeholders to achieve shared goals. • Quality: Setting the highest standards for every service we provide. • Integrity: Building trust through transparency, accountability, and ethical practices.

With over 45 years of experience, Mariposa is
renowned for excellence in Landscape
Construction, Maintenance, Tree Care, Irrigation,
and Drought-Tolerant Conversions. Our portfolio
reflects a rich history of award-winning projects -
more than 100 recognitions to date -
demonstrating our unwavering commitment to
quality and craftsmanship. As a fully licensed
company in both California and Arizona, we carry
$100 million in bonding capacity and maintain
large insurance coverage, including $10 million in
general liability and $1 million in workers'
compensation, ensuring our clients’ peace of mind
on every project.

At Mariposa, we are more than a landscaping company - we are stewards of the environment.

Sustainability is at the heart of everything we do, from implementing water-saving irrigation systems to promoting native plant restoration and integrating environmentally friendly practices into every project.

Our approach is guided by a deep understanding of Southern California and Arizona’s unique ecosystems, allowing us to create outdoor spaces that are as functional and beautiful as they are sustainable. We take pride in enhancing landscapes while contributing to the well-being of the communities we serve.

Why Choose Mariposa Landscapes?
• Award-Winning Excellence: A proven track record with over 100 industry recognitions for innovative and high-quality landscaping projects. (available upon request due to page restriction) • Comprehensive Expertise: From public parks and commercial landscapes to large-scale restoration projects, we have the expertise to handle a wide variety of landscaping needs. • Sustainability Leadership: Implementing drought-resistant designs and sustainable practices that protect natural resources while enhancing aesthetic value. • Client-Centered Approach: A commitment to understanding and exceeding our clients’ expectations with tailored, results-driven solutions.

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Safety • Teamwork • Quality • Integrity 14
Key Facts at a Glance
With strategically located offices across Southern California and Arizona, Mariposa Landscapes delivers exceptional landscape solutions using advanced equipment, innovative technologies, and a skilled team, transforming landscapes and enriching communities with every project.

The following table provides a complete overview of Mariposa Landscapes, Inc., highlighting our relevant information, areas of expertise, and operational capabilities:

Company Mariposa Landscapes, Inc. Awards Over 95 awards for project excellence Founded 1977 Primary
Services
Landscape construction, maintenance,
tree care, irrigation, and drought tolerant
conversions
Address 6232 Santos Diaz St, Irwindale, CA
91702
Service Areas Southern California and Arizona
Telephone (626) 960-0196 Office
Locations
1) HQ: Irwindale, CA
2) Orange County: Santa Ana, CA
3) San Bernardino County: Fontana, CA
4) Riverside County: Chino, CA
5) LA South Bay: Gardena, CA
6) North LA. & Ventura: Somis, CA
7) Palm Springs: Bermuda Dunes, CA
8) San Diego County: Oceanside, CA
9) Arizona: Glendale, AZ
10) Arizona: Phoenix, AZ
Fax (626) 960-8477
Employees Over 800 employees
Licensed In California + Arizona
Insurance $1M workers’ compensation, $10M
general
Bonding $100 million

Organizations, Current and Past Memberships
• CACM (California Association of Community Managers)
• CAI Orange County (Community Association Institute)
• CAI Los Angeles (Community Associations Institute)
• CAI Greater Inland Empire (Community Association
Institute)
• CAI Coachella Valley (Community Association Institute) • ASA (American Subcontractors Association)
• BIA Southern California (Building Industry Association) • BIA Orange County (Building Industry Association)
• BOMA IE (Building Owners and Managers Association)
• CLCA (California Landscape Contractors Association)
• ISA (International Society of Arboriculture)
• CAPCA (California Association of Pest Control Advisors)

Licensing and Certifications
• California Contractor License
592268 C27, A, D49/C61, C31
• Certified Arborists on staff
• Certified Tree Workers on staff
• Tree Work – Line Clearance
Certified
• Tree Work – Line Clearance
Certified Instructor
• Certified Playground Equipment
Inspectors
• Certified Water Auditor
• Certified Backflow Inspectors
• Licensed Pest Control
Company/Pest Control Advisor
• Certified Pest Control Applicators
on staff

Proposal Contact: Dave Widjaja
[email protected]
(626) 426-1121

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Safety • Teamwork • Quality • Integrity 15
Continual Employee Training
The Certified Landscape Technician Test is widely regarded as one of the most challenging exams across any industry. It is a timed, hands -on field test that covers a wide range of skills and disciplines essential for landscape work. Three certifications can be earned through this test: Certified Landscape Technician in Landscape, Maintenance, and Irrigation. Each category has its own specific modules, but all candidates must pass a core set of 13 modules. Employees at Mariposa not only maintain their current CLT skills but are also continuously working to expand their knowledge and pursue further certifications.

Core Elements

1.02 - First Aid and Safety

1.03 - Plan Reading

1.05 - Plant Identification

1.06 - Sod Installation

1.07 - Work Orders and Reports

1.08 - Program Controller

1.09 - Irrigation Identification

1.10 - Lateral Repair and Head Adjustment

1.11 - Truck & Trailer

1.12 - Tree Planting and Staking/Guying

1.14 - Chainsaw
Landscape Maintenance Elements

3.01 - Written General Comprehension

3.02 - Pruning

3.03 - 21” Mower

3.04 – Intermediate Walk-Behind Mower

3.05 - Aerator

3.06 - Edger & Trimmer

3.07 - Riding Mower

3.08 - Pesticides

3.09 - Fertilizer

3.10 - Power Blower

1.14 - Chainsaw
Irrigation Elements

4.01 - Irrigation General Comprehension

4.02 - Irrigation Plan Reading

4.03 - Lateral Installation

4.04 - Mainline Installation

4.05 - Valve Repair

4.06 - Valve Wiring

4.07 - Pipe Installation Equipment

1.14 - Chainsaw

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Safety • Teamwork • Quality • Integrity 16
Safety
Employee safety is our highest priority. At Mariposa Landscapes, we have implemented thorough and continuous safety training for all our employees. We have specially designed intensive training programs for new and onboarding employees that include both on -site training and classroom sessions.

Furthermore, all employees are required to participate in ongoing training sessions to prevent accidents, ensure the safe handling of equipment, and develop their judgment in anticipating hazards before they occur. Additionally, on new sites or sites new to the employees, a supervisor conducts site -specific risk prevention training focusing on the most frequent hazards and risks known to the site and region.

Employee Training & Supervision
Our safety program is built on thorough employee training and supervision, with the main objective to ensure a safe work environment through well-prepared personnel.

Training begins within the first 3 days of employment,
following a structured agenda that covers orientation,
safety basics, equipment and chemical safety, and
practical training and review. This initial training covers the use of equipment, chemicals, supplys, and protective gear. To maintain high safety standards, ongoing training is provided weekly and bi-monthly, ensuring all employees stay up-to-date with the latest safety protocols.

Training in the Use of Supplies, Chemicals and Equipment We divide this training session into the following modules:

Supplies & Chemicals Equipment
Safety Basics All exposed employees receive
training on chemical safety
fundamentals, including hazard
identification, labeling systems,
proper storage, and interpreting
Safety Data Sheets to understand
chemical properties and risks.

Familiarization This training covers the proper use
of equipment, including chainsaws,
hedge trimmers, edgers, blowers,
mowers, and trailers, with an
overview of each machine's
functions, common uses, and
associated risks.

Safe Handling Comprehensive guidelines are
established for safely handling
herbicides, pesticides, fertilizers,
and cleaning agents. Employees are
trained on safe mixing, application,
storage, correct application rates,
and the importance of proper
ventilation.

Operational
Safety
This session covers the safe
operation of equipment, including
start-up, shutdown, proper use,
and safety checks. It focuses on
recognizing and avoiding hazards
like chainsaw kickback, trimmer
debris, and mower rollover risks.

Emergency Training includes protocols for spills,
leaks and exposure incidents so
employees can act quickly and
mitigate risks in a timely manner.

Maintenance &
Inspection
In this module we cover instruction
on routine and maintenance tasks,
such as sharpening blades,
changing oil and inspecting and
recognizing wear and tear.

Figure 2: Training on the Use of Supplies, Chemicals and Equipment Figure 1: Employee Training Held On-site
Types of Protective Equipment
Provided
1 Safety Vests
Gloves
ill J Work Boots
Eye Protection
!.;
Ear Protection
Protective Clothing
ell Hard Hats
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Safety • Teamwork • Quality • Integrity 17

All of our training and safety sessions are led by our highly qualified supervisors or safety coordinators who have been previously trained in safe and correct operating procedures and are determined by competent management. All trainers have undergone certification from recognized agencies such as the California Department of Pesticide Regulation and the American Heart Association. Trainers are selected based on their expertise and ability to communicate effectively.

Figure 3: Mandatory PPE for our Staff
Protective Equipment
Our PPE program includes detailed instructions on the types of protective equipment required for various tasks, as well as proper usage techniques and maintenance procedures to ensure equipment stays effective. We follow strict internal protective equipment protocols and conduct regular unannounced site inspection to verify that all PPE is in good condition and worn properly. All employees must wear PPE listed in Figure 3. Workers wear appropriate PPEs as needed, where job safety requires it.

Ongoing Training
Ongoing and continuous training are of great importance to our company. We hold weekly meetings designed to keep employees updated on specific seasonal hazards (for instance, when we have noticed an increase in snake sightings), new equipment, site-specific risks or updated safety practices regarding chemicals or equipment used. Our supervisors hold regular evaluations to reinforce safety protocols and accident prevention but also to improve performance.

Aside from our weekly meetings, we hold bi-monthly long-format sessions which last from 2-3 hours and provide insights, feedback and learnings from new job sites and new site challenges. In these sessions, new materials and chemicals are being discussed and introduced to the team. Equipment training courses are often held separately or in smaller groups. Supervisors and trainers conduct daily inspections to identify and reduce potential hazards, ensuring compliance with safety procedures. Their checklists cover proper PPE usage and protocols, equipment condition, chemical storage, and work zone setup. All findings and learnings are then discussed in our bi-monthly meeting and focus on areas where improvements can be made. Employees are encouraged to provide feedback on safety practices, helping to identify new hazards and refine training programs.

Figure 4: On -site Evaluation and Feedback Session or Our Team
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Safety • Teamwork • Quality • Integrity 18
Our Services
Mariposa offers a full spectrum of landscaping services, blending expertise, innovation, and sustainability to meet each client's unique needs. Below is an overview of our capabilities.

Landscape Maintenance
Maintaining vibrant landscapes requires strategic care and attention to detail. Our services encompass large-scale mowing, efficient irrigation, eco-friendly pest control, and year-round fertilization to support plant health and ecosystem vitality. Additional offerings include athletic turf maintenance, detailed baseball field preparation, porter services, and parking lot sweeping to ensure a clean and professional appearance. We focus on creating sustainable landscapes that thrive in all seasons.

Tree Care
Our certified arborists provide expert tree management, including trimming, removal, stump grinding, and disease treatment. Utilizing advanced GIS tree mapping, we offer tailored growth and maintenance programs for urban forests and individual trees alike. These services not only ensure the safety and health of trees but also enhance their contribution to the environment and aesthetics of any propert y. By integrating technology and expertise, we help preserve the natural canopy, ensuring long -term sustainability for both urban and rural spaces.

Landscape Construction
We transform outdoor spaces into functional, visually stunning environments. From site preparation, grading, and drainage to strategic planting and native plant rehabilitation, we focus on integrating aesthetics with sustainability. Our portfolio includes durable parks, playgrounds, and athletic fields designed for both community engagement and environmental balance. • Tree Trimming & Pruning • On-site Diagnosis
• Hazardous Tree Removal • Long-term Tree Care
• Stump Grinding &
Disposal
• GIS Tree Mapping & Asset
Management
• Tree Disease & Pest
Treatment
• Tree Planting

• Turf Management • Irrigation Management
• Integrated Pest
Management
• Seasonal Planting &
Enhancements
• Athletic Turf Maintenance • Porter Services
• Parking Lot Sweeping
• Color Design
• Clean-up and Debris Removal

• Site Preparation & Grading
• Native Plant Restoration
• Playground Construction
• Irrigation Systems Installation
• Park Construction
• Tree, Shrub & Ground
Cover Planting
• Park Construction
• Athletic Field Construction
• Drainage System Setup

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Safety • Teamwork • Quality • Integrity 19
Irrigation Retrofits
Modern irrigation systems are key to sustainable water management. Our retrofit solutions include weather-responsive controllers, high -efficiency sprinklers, and precision drip irrigation systems. These upgrades ensure optimized water use, reduced runoff, and compliance with regulatory requirements, all while delivering significant cost savings. We also provide system performance monitoring and proactive maintenance to maximize efficiency and extend system lifespan.

Drought-Tolerant Conversions
As water conservation becomes increasingly important, our drought-tolerant landscape conversions help clients adapt effectively. By incorporating native plants, soil enhancements, drip irrigation, and functional hardscape features like pathways and seating, we create sustainable, low -maintenance landscapes that reduce water usage and improve environmental outcomes. These eco -friendly designs also enhance property value and promote biodiversity, contributing to a greener community.

Hardscape Construction
Hardscapes play a vital role in enhancing landscape functionality and aesthetics. Our services include custom concrete work, masonry, stonework, flagstone, and tile installations. We focus on integrating these elements seamlessly into existing landscapes, ensuring durability and timeless appeal.

Complementing these are drainage systems, overhead structures, water features, and low -voltage lighting, creating safe and inviting outdoor spaces with a unique visual appeal.

At Mariposa Landscapes, our commitment extends beyond delivering services; we aim to craft environments that leave lasting impressions. From sustainable designs to innovative technologies, our work reflects a blend of functionality, beauty, and environmental responsibility. With every project, we strive to exceed expectations, creating landscapes that serve as vibrant spaces for communities to thrive.

• Custom Concrete Features
• Water Features
• Monuments
• Overhead Structures
Installation
• Masonry
• Stonework
• Low-voltage Lighting
• Drainage Systems

• Irrigation System Upgrades • Leak Detection & Repair
• Zone Adjustments • Drip Irrigation Installation
• Real-Time Monitoring
• System Performance
Assessments
• Compliance with Water
Regulations

• Plant Selection • Site Assessment & Analysis
• Soil Enhancement • Drip Irrigation Installation
• Mulching and Ground
Cover Application
• Hardscape Integration
• Water Conservation Design

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Safety • Teamwork • Quality • Integrity 20
Required Forms