Santa Clarita City Council
April 23, 2024

REQUEST FOR PROPOSALS
2008-1 Area Wide Major
Thoroughfare Medians
PROPOSAL # LMD-23-24-26

TABLE OF CONTENTS
PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

SECTION A

REQUEST FOR PROPOSALS

PROPOSAL INSTRUCTIONS

DOCUMENT CHECKLIST

SECTION B

SCOPE OF WORK

RESPONSE FORMAT AND SELECTION CRITERIA

SECTION C

SAMPLE MAINTENANCE AGREEMENT

FRINGE BENEFIT STATEMENT

SECTION D
EXHIBIT A: COST PROPOSAL
EXHIBIT B1: ADDITIONAL PRICING
EXHIBIT B2: ADDITIONAL PRICING CONTINUED
EXHIBIT C: VIOLATION RECORDS
EXHIBIT D: PROACTIVE APPROACH FORM
EXHIBIT E: DESIGNATION OF SUBCONTRACTORS
EXHIBIT F: REFERENCES
EXHIBIT G1: STAFF
EXHIBIT G2: STAFF HOURS
EXHIBIT H: EQUIPMENT REQUIREMENTS
EXHIBIT I: CERTIFICATIONS
EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

ATTACHMENT A

INVENTORY LIST

ATTACHMENT B

AREA MAP

ATTACHMENT C
2024 HOLIDAY SCHEDULE

SECTION A
RFP Information & Instructions

CITY OF SANTA CLARITA REQUEST FOR PROPOSALS

Project Name: 2008-1 Area Wide Major Thoroughfare Medians

Proposal #: LMD-23-24-26

Dates Published: February 13, 2024

Pre-Bid Meeting: February 20, 2024 at 3:00 PM (PT) via Zoom. Please see Section B for Zoom meeting information.

Last Day for Questions: March 6, 2024 before 11:00 AM (PT)

Proposal Closing: March 14, 2024 before 11:00 AM (PT)

License(s) Required: Class C-27 California Landscaping Contractor License

Project Description: The City of Santa Clarita (City) , Landscape Maintenance Districts (LMD) is soliciting proposals from qualified landscape companies for landscape maintenance of the City’s LMD Zone 2008-1 Major Thoroughfare Medians. The City has the authority to split the work scope and award contracts to various proposers. This decision will be based on a thorough review of the proposals and negotiations with the highest- ranked firms, if such an approach is deemed beneficial.

Prevailing Wage: Yes

Bond Requirements: No

Contact Information: Danielle Marquez | (661) 255-4936 | [email protected]

Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.

Required Contractor & Subcontractor Registration: Only proposals submitted by proposers (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted.

Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at:
www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120.

RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab. Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non-responsive and rejected.

PROPOSAL INSTRUCTIONS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

1. SUBMITTING PROPOSALS.

1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet).

1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price.

1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record.

2. ADDENDA. The City will not accept responsibility for in complete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for re lease of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All offi cial information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.

3. PRE-PROPOSAL MEETING. A non-mandatory, virtual pre-proposal meeting to discuss the required scope of work will be held at 3:00 PM (PT) on February 20, 2024, via Zoom. The Zoom meeting link is below:

Join Zoom Meeting:
https://santaclarita.zoom.us/j/82444074391

Meeting ID: 824 4407 4391
Passcode: 865177

4. AWARDS.

4.1. The City reserves the right to wa ive any informality in any proposal.

4.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations.

The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so.

4.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so.

4.4. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours.

5. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.

5.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception ap plies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications.

5.2. If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteri stics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered.

5.3. Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.

6. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered ag reement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements.

7. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.

8. INVOICES. Invoices will be forwarded to:

City of Santa Clarita
Special Districts Division
Attn: Mike Choate
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196

Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.

9. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS . No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works proj ect (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

10. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section.

11. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.

12. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP will be for two (2) years with the option for three (3) additional one (1) year renewals, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index identified in the City Council approved City of Santa Clarita Combined Engineer’s Report for Landscape Maintenance Districts. Pursuant to Section I of the Engineer’s Report, the maximum assessment rate may increase each fiscal year based on the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonab ly equivalent index should the stated index be discontinued). The index level for the month preced ing the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer.

13. CONTRACTOR'S LICENSE . If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a Class C-27 California Landscaping Contractor License with proposal response. Failure to possess the specified license shall render the proposal as non-responsive and shall ac t as a bar to award the contract to any proposer not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract.

14. PREVAILING WAGES . This contract is subject to the State prevailing wage requirements of the California Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5.

Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such.

15. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. Copies of subcontracts will be provided to the City Engineer upon their request.

Each proposer must submit with their proposal the following:
x The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed.
x The address of each firm.
x The telephone number at the place of business.
x Work to be performed by each subcontracting firm.
x Total approximate dollar amount of each subcontract.

16. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty.

The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.

DOCUMENTS CHECKLIST

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer.

The following documents must be provided by ALL proposers:

Uploaded via BidNet (see Section D: Exhibits)
‰ Response File
‰ Cost File(s) – to be submitted separately from the Response File:
o Exhibit A: Cost Proposal
o Exhibit B1: Additional Pricing
o Exhibit B2: Additional Pricing Continued
o Inclement Weather Plan
‰ Exhibit C: Violation Records
‰ Exhibit D: Proactive Approach Form
‰ Exhibit E: Designation of Subcontractors
‰ Exhibit F: References
‰ Exhibit G1: Staff
‰ Exhibit G2: Staff Hours
‰ Exhibit H: Equipment Requirements
‰ Exhibit I: Certifications
‰ Exhibit J: Acknowledgement & Acceptance of Scope of Work ‰ Exhibit K: Notice to Proposers Regarding Contractual Requirements ‰ Maintenance Schedule(s) - Daily, Weekly, Monthly, Semi-Annual, Annual (see examples in Section E)
‰ Rotation Schedule (Area Map showing frequency of work within designated ‰ areas/sections)
‰ All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet

The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Mike Choate
‰ Maintenance Agreement
‰ Insurance Required by Contract
‰ W-9 Form
‰ Fringe Benefit Statement

SECTION B
Solicitation Information

SCOPE OF WORK

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

EVENT DATE
Solicitation advertisement February 13, 2024
Pre-Proposal Meeting February 20, 2024
Last day for questions March 6, 2024
Return of proposals March 14, 2024
Contract award April 9, 2024

*Dates are subject to change at the City’s discretion*

INTRODUCTION
The City of Santa Clarita (City), Landscape Mainte nance Districts (LMD) is soliciting proposals from qualified landscape companies for landscape main tenance of the City’s LMD Zone 2008-1 Major Thoroughfare Medians. The City has the authority to split the work scope and award contracts to various proposers. This decision will be based on a thorough review of the proposals and negotiations with the highest-ranked firms, if such an approach is deemed beneficial.

The City requires the landscape contractor to include all labor and equipment for an all-inclusive contract for landscape maintenance. The area is approximat ely 75 (landscaped) acres and 17 (non-landscaped) acres for LMD Zone 2008-1 Area Wide Major Thorou ghfare Medians. The landscape maintenance bid shall be all inclusive for labor hours and equipment, meaning: Contractor shall at their cost provide all the labor and equipment necessary for the provision of grounds, irrigation and landscape maintenance services. This includes, but is no t limited to irrigation repairs mi nor and major, shrub, tree, and groundcover planting, spreading mulch as needed (approx. 5,000 cubic yards), fertilizer application (minimum of twice annually), chemical applicatio ns, litter pickup, doggie litter removal, trash bags removal and replacement, soil/turf aerification, an d the possible application of micro-nutrients/soil amendments. All supplies and parts will be paid by the LMD at the Contractor’s price plus a maximum markup of 15%.

In keeping with State mandated diversion requirements, the LMD strives to exceed diversion obligations to keep green waste from the landfills. The Contractor shall mulch and use on site 85% of the green waste generated by referenced LMD Zone. Contractor requirements for this program shall include a Vermeer 1500 chipper or equivalent for use on-site at a mini mum of twice per week. The contractor shall report the total tons of green waste generated and the number of tons diverted from the landfill annually to the City’s Environmental Services Office. The goal will be 85% diversion from this site.

The Contractor shall have a minimum of five years’ experience maintaining landscaped sites of twenty acres or larger. The contractor shall have qualified water management and auditing personnel, (CLIA – Certified Landscape Irrigation Auditor). The Contract or will be required to communicate work requests back and forth to LMD staff through desktop computer, hand held device, or laptop. The Contractor is encouraged to provide copies of awards, and recognitions received for landscape maintenance excellence.

And must supply a C-27 license copy or, at minimum, the license number with their proposal response.

Please refer to the following General Requirement section includes general and special conditions that shall apply to all jobsite locations. Also included in this section are the Scope of Work instructions which more clearly define the services, scheduling, or special circumstances for each location to be serviced.

1. GENERAL REQUIREMENTS

1.01 The City is soliciting sealed proposals from qualified landscape maintenance companies for the ALL-INCLUSIVE LABOR AND EQUIPMENT under the terms of this proposal, to provide for maintenance of landscaped medians and various other locations throughout the City.

The Contractor shall furnish all labor, equipment, materials, tools, services and special skills, i.e.

Irrigation Specialists, Irrigation Assistants, Fo reman, and Supervisors required executing the landscape maintenance as set forth in these all-inclusive labor and equipment specifications. The Contractor will be expected to uphold the highest standards of quality and performance maintenance of plant material, hardscape, and irrigation systems. Maintenance of plant material shall include, but not be limited to: trimming, ed ging, hand pruning, fert ilization, application of pre-emergent herbicides, weed control, minor tree trimming (thinning, raise trimming for clearance, deadwood removal), labor for plant re placements, and cleanup/clearing of drainage systems. All mulch provided by the City will be disbursed by the contractor on site to control weed growth. It is the intent of these specifications to provide plant material maintenance methods to keep all areas weed free, trash free, and in an overall state of good health.

The Landscape Maintenance District (hereinafter defined as the LMD) covered by this Agreement shall be maintained at a crisp, clean level of appearance at California Landscape Contractors Association (CLCA) Industry standards and all work shall be performed in a professional manner using quality equipment and materials. Said areas shall be maintained to provide the manpower necessary at the expected level of services provided for in these specifications at all times.

The 2008-1 Area Wide Major Thoroughfare Medi ans shall be split into separate maintenance areas and maintained by the same crew on a regu lar basis as outlined in a rotation schedule.

These areas will be identified by each contractor in a rotation map. Each crew shall receive individual pricing.

1.02 City’s Landscape Maintenance District (LMD) administration staff, consisting of the Landscape Maintenance Specialist, Project Development Coordinator, Landscape Maintenance Administrator, Special Districts Manager, the Ne ighborhood Services Director or his qualified representative, shall herein be described as ‘Special Districts.’

1.03 Contractor shall under the term s of this agreement provide the labor, materials, and equipment necessary for the provision of grounds, irrigation and landscape maintenance services.

All locations shall be maintained with nothing but the highest of industry standards at no less than the frequencies set forth herein and as proposed in the cost proposal.

1.04 Contractor is hereby hired and paid to render and provide all-inclusive labor and equipment for landscape, grounds and irrigation maintenance services including, but not limited to:
a. Maintenance of previous turf areas both irrigated and non-irrigated; b. 75% hand pruning and 25% mechanical;
c. Fertilization;
d. Hand watering (as necessary or as directed by City staff); e. Bleeding of valves necessary during emergencies when automatic systems are not functioning;
f. Pruning of shrubs, ground cover and trees;
g. Disease control;
h. Pest control;
i. Tree maintenance; structural pruning per ANSI Best Management Practices, and International Society of Arboriculture (ISA) Pruning Standards; j. Maintenance and repairs of irrigation systems both minor and major; k. Mulching (City provided mulch); will be disbursed by the contractor at their expense;
l. Manual weed abatement;
m. Chemical weed control;
n. Marking underground irrigation lines and other LMD equipment upon Dig Alert notification;
o. Maintenance of Parkways, Tree Wells, an d Side Panels in designated areas; p. Traffic control (per Watch Manual) whil e working in the public right of way, medians, and parkways;
q. Irrigation Specialist, Irrigation Assistant, Laborers and Foreman as required. r. Hardscape (i.e.: sweeping or blowing down concrete and/or crack weed abatement);

The landscape areas include: may include irrigated and/or non-irrigated landscaped areas; natural areas, shrubs, trees, and ground cover which may be irrigated by electrically controlled automatic or manual systems.

1.05 Contractor shall not work or perform any oper ations, which may cause unsafe working conditions or destroy/damage planted areas.

1.06 Contractor recognizes that during the course of this Agreement other activities and operations may be conducted by alternative contracted parties. These activities may include, but are not limited to:

a. Landscape refurbishment; tree, shrub, and ground cover installation; b. Irrigation system refurbishment and/or repair;
c. Construction and/or storm related operations;
d. Emergency response operations;
e. Electrical repairs;
f. Tree Trimming / Tree planting / Tree counting;
g. Concrete removal and replacement, block wall and brick repairs; h. Fence installation and repairs, wood, vinyl, and crete rail; i. Integrated pest management / Chemical applications to trees; j. Streetscape furniture cleaning and pressure washing of walkways and appurtenances.
k. Ground Cover removal;
At the discretion of LMD, the Landscape Maintenance Contractor may be required to modify or curtail specific tasks and operations within their maintenance contract.

1.07 When notified of a landscape or irrigation em ergency during the hours and days of maintenance service as identified in Section 9, the contractor shall respond by phone to the Landscape Maintenance District Monitor, Inspector and/or Special Districts Office within fifteen (15) minutes of notification. When notified of an emerge ncy outside of the normal hours and days of maintenance service, the contractor has thirty minutes to respond by phone to the Landscape Maintenance District Monitor, Inspector and or Special Districts. If personnel and equipment are necessary for the emergency, the contractor must have these resources available within 2 hours.

Upon arriving at an emergency situation, it sh all be the responsibility of the contractor to eliminate all unsafe conditions which would adversely affect the health, safety, or welfare of the public.

1.08 Contractor shall clearly identify and equip each vehicle used within the City with decals on the exterior right and left front door panels iden tifying the Contractor's name. Contractor shall require each employee to adhere to basic public works standards of working attire. Uniforms (matching pants and shirts), proper shoes, safety vests and other gear required by State Safety Regulations (OSHA) shall be properly exhibited. Shirts shall be buttoned and worn at all times.

1.09 Contractor and employees shall at all times dr ess in a company uniform that identifies their employer and exhibit good customer service to City staff, City contracted staff, residents, and the general public throughout the term of this cont ract. All communication will be professional in manner between all parties. The Landscape Maintenance Districts may employ consulting landscape maintenance inspectors/monitors. These consultant monitors will be treated the same as other Special District staff. Failure to properly and respectfully communicate may be cause for contract termination.

1.10 The contractor is required to have a minimum of five (5) years’ experience in the landscape maintenance field. Vendor is to provide a minimum of three (3) references with a similar scope & type of work within the proposal response.

1.11 Contractor’s employees and/or representatives shall be thoroughly trained and experienced in the computer based central operating systems of all WeatherTrak, and LEIT irrigation control systems and corresponding equipment. Should Sp ecial Districts choose a different controller manufacturer, the contractor shall make available employees or representatives for product training at no additional cost to City.

1.12 Contractor shall provide cellular communicatio n to each crew foreman and have the ability to connect to City Inspectors and Special Districts representatives.

1.13 The contractor, and/or subcontractors, must possess the following licenses at time of proposal submission; C-27 California Landscaping Contractor License. The contractor or subcontractor must identify a staff member certified or licensed as a qualified applicator through the California Department of Pesticide Regulation. The contra ctor shall (when required) have a Certified Arborist identified by the International Society of Arboriculture (ISA)/ or have a contract with a Certified Arborist on a as needed basis. The co ntractor must identify a staff member who is a Certified Landscape Irrigation Auditor (CLIA). The proposer will submit copies of the licenses, and certificates or subcontractor information sheets, indicating licenses held at the time of proposal submission.

1.14 The contractor will be required to obtain and pay for any permits that may be required for the performance of any tasks under this contract with the exception of oak tree permits.

2. LANDSCAPED AREAS TO BE MAINTAINED

2.01 The LMD areas to be maintained under the provisio ns of this Agreement are specifically identified in Attachment A: Inventory List and Attachment B: Area Map (Inventory List and Area Map).

2.02 Contractor must acknowledge inspection of the Zone’s irrigation system and planted areas within thirty days of start of contract. Contractor accepts the premises in their present physical condition, and agrees to make no demands upon LMD for any improvements or alterations to irrigation, and landscaped areas thereof. Contractor agrees to possessing the ability to maintain LMD areas within the provision of this proposal, to the standards set forth herein, without modification, improvement, or altercation.

2.03 Estimated square footages are provided by LMD for all areas to be maintained on Attachment A:

Inventory List. However, these estimates are for reference only and it is the responsibility of Contractor to verify by inspection and observe the various areas’ characteristics.

3. CERTIFICATIONS/REPORTS/RECORDS

3.01 Payroll and Prevailing Wage Report: Contractor shall complete a payroll and prevailing wage certification report which shall be made available to LMD concurrent with the monthly invoicing.

Contractor shall provide the required information in a form acceptable to Special Districts. The City is requesting that one monthly bill be submitted by the contractor to Special Districts for the maintenance. The monthly payment will not be made until such report is received and approved by Special Districts. Vendor to provide sample of monthly bill with proposal response.

3.02 Daily Staff Attendance Report: Contractor shal l complete a daily staff attendance report which shall be made available to Special Districts upon request. This report shall include the date, names, and job titles of all on-site staff working within the Zone each day. The monthly payment will not be made until such report is received by Special Districts upon request.

3.03 Certification of Specialty Type Maintenance: When applicable, Contractor shall include with the monthly invoice those specialty type maintenance items completed. The following information shall include but not be limited to:
a. Quantity and complete description of a ll commercial and organic fertilizer(s) used. b. Quantity and complete descript ion of all soil amendments used. c. A valid licensed California Pest Control Advisor's recommendations and copies of corresponding Agricultural Commissioners Pesticide Use Reports signed by a licensed California Pest Control Operator for all chemical, disease and pest control work performed. The report shall be accompanied by a listing of each material used, quantity used, and the location of use, the date used, the applicators name and the license number.

3.04 Company Financial Records: The contractor may be required to supply the City with their financial records through a reputable independent auditor, such as Dunn & Bradstreet.

3.05 Violation Records: The awarded contractor shall not have two (2) or more Cal-Osha sustained complaints or four (4) or more California State Contractor Board sustained complaints within the past four (4) years. A proposal response from the awarded vendor that does not meet these requirements may be considered a non-responsive proposal, and the City will proceed to the next qualified proposer. Please supply this information on Exhibit C: Violation Records.

4. ADDITIONAL WORK

4.01 Prior to performing any extra work, Contractor shall prepare and submit a written description of the work with an estimate including the hours and skill level of labor and a list of materials. No work shall commence without the written author ization from Special Districts. Costs for additional work shall not exceed the labor rate identified on Exhibit B1 and B2: Additional Pricing.

For material it shall be Contractor’s cost plus no more than 15%. The contractor will maintain and submit copies of invoices to demonstrate the contractors’ cost when requested.

4.02 When a condition exists wherein there is imminent danger of injury to the public or damage to property, Special Districts may verbally author ize the work. However, within 24 hours after receiving such verbal authorization, Contractor shall submit a proposal to be approved by Special Districts.

4.03 All extra work shall commence on the specified date established, and Contractor shall proceed diligently to complete said work within the time allotted. All invoices submitted by Contractor for extra work shall include a detailed itemization of labor and/or materials. All invoices for extra work and items must be submitted biweekly to Special Districts.

5. CONTRACTOR'S LIABILITIES

5.01 All damages resulting from Contractor's operation within the LMD areas shall be repaired or replaced at Contractor's expense within 48 hours.

5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or re placed prior to the next regularly scheduled watering event
b. All damages to shrubs, trees, or ground cover shall be repaired or replaced within five (5) working days or sooner as directed by Special Districts. c. All concrete walkway, block walls, light pole s, or any appurtenances, shall be repaired within a reasonable timeframe agreed upon by LMD staff.

5.03 All repairs or replacements shall be complete d in accordance with th e following maintenance practices.
a. Trees; Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arbori st. If damage results in loss of a tree, the damaged tree shall be removed and replaced at Contractor’s expense to comply with the specific instructions of Special Districts.
b. Shrubs; Minor damage may be corrected by appropriate pruning as required in Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 "Shrubs and Ground Cover Care" of the Specifications. c. Chemicals; Any damage resulting from ch emical operations, either spray-drift or lateral-leaching shall be corrected in acco rdance with the aforementioned maintenance practices. Any soil damaged from chemical application shall be reconditioned or replaced.

6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS

6.01 Should any misunderstanding arise, Special Districts will interpret th is Agreement. If the Contractor disagrees with the interpretation of Sp ecial Districts, Contractor shall continue with the work in accordance with Special District’s interpretation. Within 30 days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute.

6.02 The Disputes Review Panel will be appointed by Special Districts and will be composed of not less than three (3) Qualified personnel or representatives having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to Special Districts for consideration, within one (1) week following the conclusion of the hearing. Special Districts shall render an interpretation based upon review of the Panel's recommendation. Special Districts’ decision shall be final.

7. OFFICE OF INQUIRIES AND COMPLAINTS

7.01 Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries an d complaints that may be received from the Homeowners Associations, property owners, and tenants within said LMD or from Special Districts personnel, representatives or patrons using the facility. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. Neither answering machines nor voicemail are acceptable. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, Contractor's Foreman or an employee of Contractor, at the supervisory level, who is responsible for providing maintenance services, shall be available for notification by telephone communication.

7.02 Whenever immediate action is required to prev ent impending injury, death, or property damage to the LMD being maintained, Special Districts may authorize such action to be taken by a third- party work force and shall charge the cost thereo f as determined by the Administrator, against the Contractor, or may deduct such cost from an amount due to Contractor from Special Districts.

7.03 Contractor shall maintain a written log of all co mplaints, the date and time thereof, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be available for inspection by Special Districts at all reasonable times.

7.04 All complaints shall be addressed as soon as po ssible after notification; but in all cases within 24 hours, to the satisfaction of Special Districts. If any complaint is not resolved within 24 hours, Special Districts shall be notified immediately of the reason for not resolving the complaint followed by a written report to Sp ecial Districts within five (5) days. If the complaints are not resolved within the time specified or to the satisf action of Special Districts, Special Districts may correct the specific complaint and the total cost incurred will be deducted from the payments owing to the Contractor from Special Districts.

8. SAFETY

8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all California Landscape Industry Standards for safe practices during the maintenance operation for medians and parkways and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, City, State or other legal requirements including but not limited to, full compliance with th e terms of the applicable O.S. H.A. and CAL-O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at the LMD areas covered by this Agreement and keep a log indicating date inspected and action taken.

8.02 It shall be Contractor's responsibility to inspec t, and identify, any condition(s) that renders any portion of the LMD premises unsafe, as well as any unsafe practices occurring thereon. Special Districts shall be notified immediately of any unsafe condition that requires major correction.

Contractor shall be responsible for making minor corrections including, but not limited to:
a. Filling holes in planting areas, and paving;
b. Using barricades, signs, caution tape or traffic cones to alert patrons of the existence of hazards;
c. Replace valve box covers so as to protect members of the public or others from injury.

During hours of operations, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises.

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

8.03 Under the circumstance that landscape maintenance work be pe rformed in a Caltrans right of way; including but not limited to freeway onramps and offramps; the contractor shall adhere to the safety requirements in the Caltrans Maintenance Manual/Protection of Workers.

9. HOURS AND DAYS OF MAINTENANCE SERVICES

9.01 The hours of maintenance service shall be 7:00 a.m. to 5:00 p.m. on those days’ maintenance is to be provided pursuant to the work schedule approved in advance by Special Districts. No work will be performed on City Legal Holidays (see Attachment C) unless authorized by Special Districts Administration in advance. Blowers, hedge trimmers, chainsaws or other mechanical equipment with a decibel level above 65 decibels cannot be used before 7:00 a.m. within the City.

9.02 Contractor shall provide on-site staffing to pe rform the required maintenance to meet required California Industry Standards anytime between Mo nday through Friday. Alternate days or any changes in the days and hours of operation shall be subject to approval by the Special Districts Division.

9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. A legal day’s work shall constitute eight (8) hours of labor under this Agreement, and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than 8 hours during any one day or more than 40 hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of $25 for each laborer, worker, or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than 8 hours in any one calendar day or 40 hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California.

9.04 For the purpose of this contract, “work” time in the field excludes lunch, breaks, and travel time.

Special Districts recognizes there may be a need for preparation prior to and following on-site maintenance. A total of 30 minutes per day may be considered part of the proposed work hours in Exhibit G-2. Any additional operational work hours required outside of on-site maintenance activities (including any time spent traveling to and from the site) will be considered an operational cost absorbed by the contractor at their sole expense.

9.05 Contractor in addition to City Legal Holidays (Section 9.01 /Attachment C) shall be permitted a total of three additional “personnel” days off an nually without penalty of compensation for the purpose of the following sample uses; Staff Trai ning, Staff Gatherings (Holiday Party, Company Picnic). Contr act or has th e sol e dis creti on a s t o how and when the thre e da ys are t o be us ed.

Contractor shall be required to give LMD minimum one-week prior written notice for each request. Days may not be broken up into half da ys. The Contractor shall forfeit compensation at the daily crew rate for any days beyond the three permitted days.

10. MAINTENANCE SCHEDULES

10.01 Contractor shall, within three (3) days after a “Notice to Proceed” from the city, submit a premises work schedule to Special Districts for review and approval. Said work schedule shall be set on a weekly – bi-weekly (two week) rotational basis, identifying and delineating the time frames for the required functions by the day of the week, morning, and afternoon. Rotational requirements for each area are to be approved by LMD Staff upon review of the work schedule.

10.02 Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to Special Districts for review and approval within three (3) working days prior to scheduled time of work. A written copy of the current City approved schedule must be kept in the site foreman’s vehicle at all times and be available upon request of City Staff or the City’s contracted Landscape Monitor.

10.03 The contractor must establish a work schedule approved by the City. Failure to complete the work as scheduled or as specified herein will result in the following actions:
a. The sum of five hundred dollars ($500.00) per day will be deducted and forfeited from payment to the Contractor for each instance where an item of work is not completed in accordance with the schedule or any portion of the specifications herein. b. Deficiencies: An additional amount equal to the cost incurred by completion of the work by an alternate source, whether it be City forces or separate private contractor, even if it exceeds the contract unit price, will be deducted from the Contractor’s invoice. c. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the actual work performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to the schedule or specifications.

10.04 The above provisions are not construed to eliminate Contractor's responsibility in complying with the requirements to notify Special Districts for maintenance.

10.05 Contractor shall notify Special Districts, in wr iting, at least one (1) week prior to the date and time of all maintenance operations.
a. Fertilization;
b. Micro-Nutrients/Soil Amendments;
c. Spraying of Trees, Shrubs, and Weeds;
d. Aesthetic Tree and Shrub Pruning;
e. Preventative disease control;
f. Transplanting of small and medium sized plants;
g. Lane closures notification for median or parkway maintenance is required; h. Other Items as Determined by Special Districts.

11. CONTRACTOR'S STAFF

11.01 Contractor shall provide the minimum specified number of personnel to satisfy daily and/or weekly requirements for high quality landscape maintenance. Contractor’s staff MUST be employees of the contractor except subcontractors identified in the response to this proposal.

Contractor must perform all work in accordan ce with the specifications set forth herein.

Contractor's employees, assigned to any one cr ew serving 2008-1 shall include at least one individual crew member who speaks and comprehends the English language.

11.02 Staffing requirements for maintenance of 2008 -1 Area Wide Major Thoroughfare Medians will be a minimum off 680-man hours per week with dedicated crews five days per week. Crew structure shall consist at a minimum of the following: three irrigators, four lead maintenance workers and ten maintenance workers. Additional staff identi fied in Exhibit G1 will be added to weekly dedicated man hours. The sum of five hundred dollars ($500.00) per day will be deducted and forfeited from payment to the Contractor for each man that is missing from the minimum staffing requirements.

11.03 Special Districts may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of Special Districts Staff, detrimental to the interest of the public using the premises, Contractor shall meet with representatives of Special Districts to consider th e appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure Special Districts that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the LMD covered under this Agreement.

11.04 LMD staff reserves the right to require the Contractor provide alternate staff members to supplement and/or replace staff that is determined to be performing below the expectations of LMD. The City will maintain sole authority of determining if and when a staff members’ performance falls below these standards. The request for replacement from City staff is not limited to field crewmembers but also extends to management, supervisors, and specialized staff.

Upon request, the contractor shall provide approp riately qualified alternatives for selection by LMD staff as necessary.

12. SIGNS/IMPROVEMENTS

12.01 Contractor shall not post signs or advertising ma tter upon the premises or improvements thereon, unless prior approval therefore is obtained from LMD Special Districts.

13. UTILITIES

13.01 Special Districts shall pay for all utilities associ ated with the maintenance of the LMDs. However, water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by Special Distri cts. Contractor will be required to manage the scheduling of the controllers. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. These activities may include, but are not limited to watering during a rain storm and/or watering the day after rain and/or watering du ring a special event. The excess cost will be determined by comparing current usage with hi storical usage for the same time period. The excess to be deducted from payments to Contract or from Special Districts will be presented to Contractor by Special Districts prior to actual deduction to allow for explanations.

14. NON-INTERFERENCE

14.01 Contractor shall not interfere with the public use of the LMD areas covered under this Agreement, and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quie t of the area within which the services are performed.

15. USE OF CHEMICALS

15.01 The application of chemicals such as herbicid es and pre-emergent will be at the contractor’s expense inclusive of this contract. The City will pay the contractor’s price for the chemicals plus no more than a 15% mark up. All work involving the use of chemicals shall comply with all Federal, State, and local laws and will be accomplished by a Certified Applicator under the direction of a Licensed Pest Advisor. Contract or, in complying with the California Food and Agricultural Code, shall provide a copy of a valid Pest Control Operator's License and valid Pest Control Advisor's License, or a copy of said licenses from a sub- contractor to Special Districts prior to using chemicals within the area.

15.02 A listing of proposed chemicals to be used in cluding; commercial name, application rates, and type of usage shall be submitted to Special Districts for approval. The listing will be accompanied by copies of Safety Data Sheets (SDS) for all chemicals that may be used in binder or booklet form.

No work shall begin until written approval of use is obtained from Special Districts. The contractor shall consider the effects chemical application has on the environment. The contractor shall use the least toxic chemicals in the lowest quantity that will be effective in achieving the needed result.

15.03 Chemicals shall only be applied by those person s possessing the training in chemical application or a valid California Applicator's Certificate. App lication shall be in strict accordance with all governing regulations.

15.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather cond itions shall be made and retain ed in an active file for a minimum of three (3) years. Contractor shall provide a chemical use report and a copy of the PCA recommendation to Special Districts for each application (site specific) made during each month.

This shall be in addition to the copy of the us age summary that is provided to the Agricultural Commissioner.

15.05 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained with a copy to Special Districts.

15.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to.

15.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application.

16. STORAGE FACILITIES

16.01 Special Districts shall not provide any storage fa cilities for the Contractor. Any Contractors storage facilities must be located outside of the boundaries of the Zone for which landscape maintenance services are performed, unless Special Districts determines it would be in the best interests of Special Districts to waive this restriction.

17. SHRUB AND GROUND COVER CARE

17.01 Contractor shall perform at his sole expense under the terms of this agreement the following services
a. Pruning: Manually select prune shrubs throughout the year to encourage healthy growth habits, and to encourage growth to the natural shape of the plant according to its species and appearance with the exception of roses, which shall be pruned no later than the end of January. Periodic pruning may be required to maintain consistent size, structure, and/or appearance of large groupings of the same species. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times.

Removal of all clippings will be completed the same day pruning occurs. Pruning will not be completed while plants are flowering, during the emergence of new growth, or when high temperatures are present during the hottest time of the year (typically July-August) unless directed by Special Districts. No balls, squares or unusual shapes are permitted under this proposal. Selective pruning is required following the natural habit of the particular plant.
b. Trimming: The growth of shrubs and ground cover will be restricted to areas behind curbs and walkways, and within planter beds by trimming, as necessary, or upon notice by Special Districts. All trimming practices are subject to change as directed by Special Districts.
c. Disease and Insect Control: All LMD areas are to be maintained free of disease and insects and treat when needed pursuant to Section 19.
d. Weed Control: All ground cover and shrub beds are to be kept weed free at all times.

Methods for control shall incorporate the following:

1. Mulch application to 3” layer maximum
(Removal on an as needed basis of existing/spent mulch may be required to insure the level of grade is kept below surrounding hardscapes and/or at an acceptable height as determined by LMD staff)

2. Hand removal

3. Cultivation

4. Chemical eradication using non-residual herbicides
e. Shrub and Ground Cover Replacement: All damaged, diseased (untreatable), or dead shrubs and ground covers whose damage occurred due to natural conditions/causes, will be replaced. All shrubs shall be guaranteed to live and remain in healthy condition for no less than ninety (90) days and trees for a period of one (1) year from the date of acceptance of the job by the Special Districts Administrator or qualified representative.

All plant replacement labor will be included under this contract and material will be invoiced at Contractor’s cost plus no more than 15%. The contractor will maintain and submit copies of invoices to demonstrate the contractors’ cost upon request. f. Fertilization: Application of an LMD approv ed fertilizer a minimum of two (2) times per year to provide a healthy color in all plants with foliar feedings. The fertilizer shall be applied once during the months of March or April and once during the months of September or October. Contractor will cultivate around plants as needed. Fertilizer shall be appropriate for plant type and season (time of year) and approved by LMD staff prior to installation. The Contractor shall provide a fertilization schedule two (2) weeks prior to the proposed fertilization.
g. Irrigation: Irrigation, including hand watering and manual bleeding of valves, is required in the event of an emergency situation and/or where automatic systems are not functioning as required. Irrigation practices described in Section 21 shall apply to trees, shrubs, turf, and ground cover.
h. Diversion requirements: In keeping with State mandated requirements, the LMD strives to exceed diversion obligations to keep green waste from the landfills. The Contractor shall mulch and use on site 95% of the green waste generated by above referenced zones. Contractor requirements for this program shall include a Vermeer 1500 chipper or equivalent for use on site at a minimum of twice per week. i. Recycling: Recycling of plant debris by composting and/or maintaining a minimum 2- inch layer of mulch under all trees and around all shrubs/groundcover. A minimum 3- inch layer in all open areas is strongly encouraged. Mulch purchased by the LMD will be disbursed with the above specifications by the contractor who will provide the labor at his expense.
j. Ornamental Grass Care: To promote new growth, cut back the foliage to about 4-6 inches in the late winter to early spring before new growth resumes. k. Renovation: Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. When ground covers and perennials have grown where they completely fill the space in which they were planted and have started to deteriorate, i.e., less flowering, dying out, smaller plants, they shall be renovated. Renovation shall include removing said plants, amending the soil, dividing plants as necess ary and replanting to maintain a healthy, vigorous appearance and growth rate.

18. TREE CARE

18.01 Contractor under the terms of this agre ement shall perform the following services:
a. Tree Maintenance

1. All trees 12’ (feet) tall or less shall be ma intained free of all dead, diseased and damaged branches back to the point of breaking as per contract. Wound dressings are never used on any tree pruning cuts.

2. All sucker growth is to be removed from trees as it occurs.

3. Maintain a 10-foot clearance for branches overhanging walks, 10-foot for public sidewalks.

4. Report insects and tree diseases to Special Districts Inspector.

5. Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees.

6. Tree stakes shall be pentachloraphena treated pole pine, not less than 8 feet in length for 5-gallon size trees and not less than 10 feet for 15-gallon trees sizes (two per tree), no galvanized stakes.

7. Commercially available tree rubber ties are to be used unless there is a need for guy wires. All trees tied in two locations – top and bottom. Stakes will not be placed closer than 12 inches from the top tie on the tree trunk.

8. Stakes and ties will be placed so no ch afing of bark occurs and shall be checked frequently and retied to prevent girdling.

9. Broken branches are to be removed immediately whether they are in the tree or on the ground.
b. Fertilization: Apply fertilizer within drip lin e at least once per year (during the months of March or April) to provide a healthy colo r in all plants. Fertilizer should, at the direction of LMD, be a balanced organic 10-6 -4 ratio with trace element. Contractor shall provide Special Districts with two (2) weeks notification prior to the fertilizer application.
c. Permits: If a permit is required for tree pruning, Contractor will obtain a permit prior to commencement of work by Contractor.
d. Tree Replacement: All trees permanently dama ged as a result of action or inaction by the contractor will be replaced as provid ed for under Section 5 with the identical species of tree existing previously, unless otherwise notified in writing by Special Districts. The need for and the size of replacement will be determined by Special Districts at the monthly maintenance inspection meeting or upon written notification.

Size of the replacement shall be of a like si ze. Substitutions will require prior written approval by Special Districts. Original plans and specifications should be consulted to insure correct identification of species. Upon notification, this contract is to include all newly planted trees by others and is the responsibility of the Contractor to maintain and guarantee the healthy establishment for a period of 90 days. All damaged, diseased (untreatable), or dead tree whose damage occurred due to natural conditions/causes, or other cause will be replaced. All trees shall be guaranteed to live and remain in healthy condition for no less than a period of one (1) year from the date of acceptance of the job by the Special Districts Administrator or qualified representative. All tree replacement labor w ill be included under this contract and material will be invoiced at Contractor’s cost plus no more than 15%. The contractor will maintain and submit copies of invoices to demonstrate the contractors’ cost upon request.
e. Olive Tree Spraying: Ornamental olive trees shall be sprayed to prevent fruit set by use of “Maintain,” "Florel" or other approv ed product. Two (2) applications shall be required 7-10 days apart. The first applic ation shall be applied when ½ to ¾ of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 psi. pressure.

The Landscape Maintenance District’s Tree Maintenance contractor will provide most of the chemical applications to trees. If the landscape contractor provides this service it will be considered “extra work cost”.
f. Fireblight Treatment: Preventative Fireblight treatment for Pyrus Kawakamii to consist of spray application between October 1 and mid-November. Post treatment to consist of pruning out dead wood, sterilizing prun ing tools after each cut. Preventative Fireblight treatment for Platanus to consis t of two applications and possibly a third application, depending on the effectiveness of the previous application. The first application shall occur in February, during the budding stage. The second treatment shall occur in March, during the juvenile growth stage of the leaf. The third application shall occur in April if there is evidence of blight after mature growth of leaf. Materials used shall be of an approved type by the County Agriculture Department. If the landscape contractor provides this service it will be considered “extra work cost”. g. Oak Tree Pruning Permit: All cuts over 2 inches in diameter on Oak Trees will be done by the Landscape Maintenance Tree Maintenance contractor. All other cuts on Oak Trees shall be made to ISA standards wi th an Oak Tree Pruning Permit per City Municipal Code by the landscape contractor or their subcontractor. Special Districts will procure Oak Tree Permits once work is approved.
h. Tree Pruning/Trimming: All tree trimming/pru ning will be done in accordance with the standards established by the International Society of Arboriculture (ISA) and ANSI 300 Best Management pruning practices.

19. USE OF INTEGRATED PEST MANAGEMENT (I.P.M.)

19.01 Special Districts will provide the materials (B iological insects) necessary for integrated pest management (IPM) and contractor at his under the terms of this agreement will provide the labor.

a. Integrated Pest Management (IPM): Integrated pest management (IPM) is a pest management strategy that focuses on long-term prevention or suppression of pest problems with minimum impact on human health, the environment, and non-target organisms. Preferred pest management techniques include encouraging naturally occurring biological control; using alternate plant species or varieties that resist pests; selecting pesticides with a lower toxicity to humans or non-target organisms; adopting cultivating, pruning, fertilizing, or irrigati on practices that reduce pest problems; and changing the habitat to make it incompatible with pest development. Pesticides are used as a last resort when careful monitoring indicates that they are needed according to pre-established guidelines. When treatments are necessary, the least toxic and most target-specific pesticides are chosen. Implementing an integrated pest management program requires a thorough understanding of pests, their life histories, environmental requirements, and natural enemies, as well as establishment of a regular, systematic program for surveying pests, their damage, and other evidence of their presence. IPM has been mandated on Federal property since 1996 by Section 136r_1 of Title 7, United States Code, and is cited in Title 41 of the Code of Federal Regulations (102-74.35) as a required service for agencies subject to the authority of the General Services Administration. The Contractor will develop an IPM program for work covered by this statement of work.
b. Chemical Application: All work involving the use of chemicals will be accomplished by a State of California Certified or Lice nsed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application.
c. Permits: All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner’s Office and a permit obtained with a copy to Special Districts, prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to Special Districts on a timely basis. d. Compliance with Regulations: All regulati ons and safety precautions listed in the “Pesticide Information and Safety Manual” published by the University of California will be adhered to.
e. Pest Control: Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by Special Districts. Contractor is not responsible for this service. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped to avoid moisture runoff entering the holes by the County Agricultural Department who will provide pest control for Special Districts. This procedure shall be followed in all areas, especially within all slope areas. Contractor is responsible for notifying Special Districts upon detecting a need for rodent control.

20. GENERAL CLEAN-UP

20.01 Contractor shall at his sole expense under the terms of this agreement perform the following services:
a. Trash Removal: The contractor shall provide a trash pickup schedule for approval by Special Districts. The contractor shall pick up trash and accumulated debris from the site on a regularly scheduled rotation approved by LMD staff in advance. b. Concrete/Asphalt Median Strip Maintenance: Contractor is responsible for weed, grass, trash, and debris removal within th e crack(s) and surface on the asphalt, and stamped concrete median strip areas at all times.
c. Curb and Gutter Maintenance: Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. d. Walkway and Crack Maintenance: Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment at a minimum of once per week or as needed. This includes removal of all foreign objects from surfaces such as:

1. Gum,

2. Animal feces,

3. Grease,

4. Paint,

5. Graffiti,

6. Glass and debris

7. All walkway cracks and expansion jo ints shall be maintained weed and grass free at all times.
e. Drain Maintenance: All drains and catch basi ns shall be free of silt and other debris at all times. The Contractor shall insure all drainage devices within LMD are functioning properly at all times.
f. Removal of Leaves: Accumulations of leaves that cannot be incorporated into mulch layers shall be removed and properly disposed of not less than once per week. This includes the accumulation of leaves/debris at the base and lower branch structures of shrubs.
g. Diversion: The Contractor will be responsible for creating and implementing a written program to divert a minimum of 85% all green waste from landfills. The program should include, but not be limited to, mulching and composting. The contractor shall report the total tons of green waste generated and the number of tons diverted from the landfill annually to the City’s Environmental Services Office. The goal will be at least 85% diversion.
h. Freeway On-ramps/Off-ramps: The contractor shall provide trash pickup a minimum of two (2) times per month. The contractor shall provide a trash pickup schedule for approval by Special Districts. The contractor shall pick up trash and accumulated debris from site per contract.
i. Property Damage caused by others: The contractor shall provide staff to clean up and repair as needed. Contractor staff to clean up and repair property damaged that may be caused by auto accidents or natural causes. All irrigation and landscape supplies to be reimbursed at no more than a 15% mark up over the contractor’s cost. All labor required to complete such tasks will be included under the terms of this contract. j. Drainage Systems: The following services shall be provided by Contractor at their expense per Contract Agreement except as otherwise provided for:

1. All LMD area surface drains (“V” ditches), shall be kept clear of debris at all times so that water will have an unimpeded passage to its outlet. Contractor will not flush dirt or debris into the storm drain system per the City’s National Pollutant Discharge Elimination System (N.P .D.E.S.) permit. All debris will be collected and disposed of properly.

2. All LMD area sub-surface drains (exc ept storm drains), if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub-surface drains shall be kept clear of leaves, paper, and other debris to ensure unimpeded passage of water. Every attempt will be made to prevent debris from continuing into the City’s Storm Drain system including the use of sand bags, straw bales or other Best Management Practices (B.M.Ps)

3. Disposal of green waste or other debris into catch basins, drains or Storm Drains is prohibited. Such action could result in termination of maintenance contract.

21. WATER MANAGEMENT AND IRRIGATION SYSTEM MAINTENANCE OR REPAIR

21.01 All irrigation systems within the LMD areas designated in these specifications will be repaired and maintained with all-inclusive labor and equipment required for proper operation by the Contractor. For all irrigation repairs, minor and major, including main lines, all irrigation parts to be reimbursed at no more than a 15% mark up over the contractor’s cost. The Contractor must provide invoices upon request of Special District Staff. Failure to provide copies of invoices may result in delay of payments to Contractor. The contractor shall adhere to the Irrigation Association, Best Management Practices (BMP’S) at:
http://www.irrigation.org/uploadedFiles/Standards/BMPDesign-Install-Manage.3-18-14(2).pdf

21.02 The contractors Irrigation Technicians will be responsible to complete the following WeatherTrak trainings through HydroPoint University. Proof of completion to be provided no later than thirty (30) days after start of contract.
a. Certification Training
b. Irrigation Manager; Levels 1-4

21.03 Scope of Responsibility: The contractor shall ma intain (repair and/or replace as needed) and keep operable all irrigation equipment consisting of:

1. Irrigation Programming

2. Irrigation Station Identification/Location

3. Irrigation Heads

4. Remote Control Valves, including master valves

5. Flow Sensors

6. Flow Sensor Programming

7. PVC Piping (Including mainline and laterals)

8. Quick Couplers

9. Risers

10. Swing Joints

11. Check Valves

12. Irrigation Booster Pumps

13. Solar Controllers/Valves

14. Battery Operated Controllers/Valves

15. Valve Boxes, Quick Coupler Boxes, Etc.

16. Irrigation Controller Programming and Setup
a. Replacement Requirements: Replacements will be of original materials or substitutes approved by Special Districts in writing prior to any installation. b. Extent of Responsibility: Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of trees, annuals, perennial plants, and ground covers when automatic systems are not functioning.
c. Ordinances: All materials and workmanship will be in accordance with the applicable City Plumbing Ordinances. Where the provis ions of the specifications exceed such requirements, the specifications shall govern.
d. Controllers: The contractor will be responsible for the control of Smart Water Application Technologies (SWAT) certified weather-based controllers or equivalent, controller programming through the contractor’s office via a desk top or any wireless computer, or hand-held device. The LMD will provide a password for access. e. Inspections: LMD staff or representative can spot check controller schedules on each inspection of a zone to assure complianc e with irrigation program standards.

Contractor shall conduct a complete irrigation system inspection for each controller at a minimum of once per month.

21.04 Controllers:

1. All controllers shall be adjusted as needed for optimum performance considering the water requirements of each remote-control valve (irrigation station). “Smart” or “weather based” controllers shall be configured to water in the “AUTO MODE” or “ET MODE” when available. Plant establishment periods do not apply to this requirement and should be scheduled accordingly. Contractor is resp onsible for adjusting the controller parameters/attributes in order to irriga te efficiently and each valve shall be customized for the needs of the plant material. Excessive watering or excessive runoff shall not be permitted.

2. The contractor will be responsible for the control of Smart Water Application Technologies (SWAT) certified weather-based controllers or equivalent, controller programming through the Contractors office via a desk top or any wireless computer, or hand-held device. The LMD will provide a username/password for access.

3. Contractor will provide their own irrigation remote (receiver and transmitter) for control of the Rain Master, LEIT (solar), WeatherTrak or other industry standard controllers not listed. The City requires the Promax universal irrigation remote or other “smart phone” technology for its use in field testing and operation of all irrigation systems for the LMD areas. Use of this device will conserve water consumption, provide for more cost-effective maintenance of irrigation systems, and assure all parties concerned that the automatic system is operating at maximum efficiency. Special Districts’ in spectors may use this device in their inspections to verify that irrigation systems are functioning properly. The bleeding of valves and hand watering are to be used in emergency or testing situations, not for normal or day-to-day inspections.

4. Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, slope, humidity, and the relationship of conditions which affect irrigation. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation shall be paused unt il normal conditions exist. No watering medians in windy conditions, to avoid drift and wetting vehicles.

5. Contractor shall be responsible for data input with regards to irrigation station reference in the programming function of the central server or at the controller. Example: Station 1 - SE Corner of parking lot, Turf NW of restroom, Shrubs on large slope, etc.

6. In areas where wind creates problems of spraying water into private property or road right-of-way’s, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 9:00 p.m. and 7:00 a.m.).

7. Contractor shall be responsible for moni toring all irrigation systems within the jurisdiction of this Specification and correct for coverage, adjustment, clogging of lines, and removal of obstacles, incl uding plant materials which obstruct the spray. Monitoring shall be scheduled for all systems at minimum 1x monthly.

8. Check systems, as needed, for optimum performance and adjust and/or repair any sprinkler heads causing excessive ru noff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted).

9. Contractor is to maintain the watering schedule in “AUTO” mode which will equal the evapotranspiration rate based on topography, soil type, plant material, season or climatic factors. Contractor shall notify the City of any schedule changes.

10. Contractor shall utilize “cycle & soak” in programming in order to eliminate excessive run-off.

11. Scheduled operation other than 9:00 p.m. to 7:00 a.m. must be approved by the City.

12. When available, copies of controller maps shall be kept in enclosures at all times.

13. Contractor is responsible for maintenance of the interiors of controller enclosures and shall be kept clean free of debris and pests, regardless of condition(s) at time of contract award.

14. Contractor shall be responsible to no tify the City of any additional water requirements to the landscape which is outside of the “AUTO” scheduled program application.

15. It is the responsibility of the Contractor to keep the plant material alive. If this requires an extra application of irrigation water, the Contractor is to make the necessary adjustments and immediately notify the City upon doing so.

16. Only City staff, City Monitors, the Contractor Supervisor/ Foreman or Irrigation Technician will have access to all controllers. Enclosures will be locked/padlocked at all times.

17. The Contractor shall test the soil in tu rf and groundcover areas and around all trees and shrubs monthly or as necessary with soil probes to determine that the proper amount of water is being applied at all times. This information should be used to adjust watering times on the controller and supplemental hand or deep watering as necessary.

18. The Contractor shall adjust the water programs to compensate for irrigation heads on each system, soil type and permeability, wind condition, orientation to the sun, air temperature, season, and logistical considerations

19. Once the irrigation system has been adjusted to only irrigate the planting areas it was designed to irrigate, the contractor shall then monitor the irrigation watering application time to determine the length of time each system runs until irrigation runs off the landscape area. This information will then be used to establish “cycle & soak” parameters.

20. The maximum run time should then be set a minimum of one minute less than the time it takes for run off to occur. This will establish the maximum run time for each valve, with full sun exposure. Ad just valves with partial shade or full shade to have less run time than the systems in full sun.

21. It is required that soil conditions be constantly monitored with a soil probe to ensure that over-saturation of the soil does not occur.

22. In addition to the soils condition, the individual plant material requirements must be considered. As the plant material becomes established, a reduction in the frequency of watering should be implemented to harden-off the plant material while maintaining it in a healthy condition.

21.05 Operation of System:

1. As a standard practice, the Contractor shall formally acknowledge receipt of the irrigation System within the first 60 days of the notice to proceed. It is the Contractors responsibility to conduct a full-scale irrigation audit/assessment to determine deficiencies in the system and make recommendations for repair(s).

2. Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, annuals, perennial plants, and ground covers when automatic systems are not functioning.

3. Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could inte rfere with the Contractor’s ability to mow/maintain landscaped areas.

4. All irrigation systems shall be personally inspected by Contractor a minimum of once per month to verify effectiveness of sprinkler operation. The appropriate Irrigation Inspection Form must be filled out per controller and submitted to the City’s LMD team for review.

5. Contractor shall adjust and clean as ne cessary all sprinkler heads, valves and pressure regulators to continue operation at maximum efficiency and performance.

6. All materials and workmanship will be in accordance with the City Plumbing Ordinances if/when applicable.

7. Sprinkler heads in turf, groundcover an d shrub areas shall be kept clear of overgrowth, which may obstruct maximum operation. No chemical spraying or growth inhibitors around head shall be allowed.

8. Contractor shall be responsible for trimming plant material and making necessary adjustments to riser heights as growth rates indicate.

9. Contractor shall be responsible for hand-watering any pots not provided with an irrigation system to maintain plants and promote optimum growth.

10. Adjustments in operating pressure fo r spray and rotor type heads shall be followed per manufacturer’s recommendation to provide optimum efficiency unless instructed otherwise by the City.

11. Contractor shall be required to walk each site upon request by the City representative a minimum of one time per quarter to inspect the operation of the irrigation system.

12. Plant damage or loss resulting from the failure to promptly report irrigation system failure shall be considered Contractor negligence and such plant material shall be repaired or replaced at Contractor expense.

13. All hand watering performed with a hose shall require the hose to have a flow control nozzle or other device that will allow the operator to turn the hose off between watering areas to minimize any wasted water.

14. The Contractor shall be responsible for monitoring all project irrigation systems and should correct coverage, head adjustments, clogged lines, loose staking of heads and pipes, and obstacles which ob struct the spray. Make all necessary adjustments to heads that spray onto roadways, walks, walls, and patio areas or out of intended area of coverage. The Contractor shall clean and adjust sprinkler heads as needed for proper coverage. Each system should be operated via remote control and observed on a regular basis.

15. During extremely hot weather, long holiday periods, and during or following breakdown of systems, the contractor should provide adequate personnel and materials as required to adequately water all landscaped areas at no extra cost to the City. When breakdowns or malfunctions exist, the contractor should water manually by whatever means necessary to maintain all plant materials in a healthy condition. Overly wet or dry conditions should not be permitted to develop.

16. Once a year, the contractor shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as needed.

17. Testing, certification and service of the backflow prevention devices on the irrigation systems shall be done by a certified tester as provided by the City.

18. Contractor shall not repair, manipulate or remove backflow devices unless prior authorization has been received by a City representative. However, Contractor is permitted to make use of shutoff valves located on or near backflow devices in the event of a mainline break and/or maintenance.

19. Contractor shall notify the LMD office immediately should a backflow prevention device malfunction occur.

20. LMD staff or representative can spot check controller schedules on each inspection of a zone to assure compliance with irrigation program standards.

Contractor shall conduct a complete i rrigation system inspection for each controller at a minimum of once per month.

21.06 Repairs:

1. All pop-up heads should be a ssembled on triple swing joints.

2. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for like irrigation heads. Uniformity is of the utmost importance.

3. All remote-control valves shall be Superior 950DW brass valves unless other(s) are accepted by LMD staff.

4. Contractor shall repair all leaking or defective valves immediately upon occurrence, or within 24 hours following notification from LMD of such a deficiency.

5. Malfunctions of any nature which are deemed to be the fault of materials or workmanship still covered under original installation guarantee shall be reported immediately to the City.

6. Contractor shall submit itemized irrigation invoices for repairs, per LMD Zone on an as needed basis.

7. Repair logs shall be maintained and shall include date of repair, nature of repair, and itemized list of materials for clarity. Site map/photo documentation to illustrate location of repair, photo of site condition, and work completed shall be included with repair log(s).

21.07 Conservation: The City may conduct monthly water management meetings with the contractor to review all controllers with irregular usage and situations where water consumption is excessively high. All plant stress or loss due to under-watering or over-watering will demonstrate contractor neglect and cost to replace said material will be at Contractor’s sole expense.

21.08 The City may conduct monthly Water Management Meetings with the contractor to review any penalty charges that were caused by the Contractor’s inability to properly manage water allocations, when applicable. The Contractor will be responsible for paying all water penalties incurred on each water meter for all overages exceeding allocation established by the respective water purveyor. The City may waive specific penalties at its sole discretion.

The City takes Water Conservation very seriously and will not tolerate mismanaged or neglected water delivery systems.

21.09 The Contractor shall provide WeatherTrak generated reports called “Controller Inventory Reports”. The first report(s) will be due 45 days after the start of this Agreement. Updated reports shall be submitted within 48 hours upon request from City staff and / or Landscape Monitor. At a minimum, the report shall identify each irrigation controller subject to this Agreement, the location, alert status, and confirm the controller is “online”. Failure to provide a completed report on time will be considered an incomplete work item and may be subject to a deduction from payment in the amount up to five hundred ($500.00) dollars.

21.10 Water Budgets: In order to ensure efficient and responsible water management with regards to landscape irrigation, the City’s Special Districts office requires the following:

When water budgets have been established for each individual service area within a Landscape Maintenance District Zone (specifically water meter and/or point of connection), CONTRACTOR shall not exceed the Maximum Applied Water Allowance (MAWA) as established by State Assembly Bill 1881, Model Water Efficient Landscape Ordinance (MWELO).

http://www.water.ca.gov/wateruseefficiency/landscapeordinance/

When water budgets and/or tiered rate structures are enforced by individual water purveyors such as; Santa Clarita Valley Water Agency (SCVWA), CONTRACTOR shall not exceed the monthly allocation(s) as set forth by the service provider for each individual service area within a Landscape Maintenance District Zone, specifically water meter and/or point of connection.

Failure to comply with these requirements will result in a probationary period of up to 60 days to allow for corrective actions. Failure to comply with water budgets within this time frame may lead to monetary penalties up to the costs of the excessive use which exceeds the water budget(s), efficient tier, or any “penalty” tier the City is subjected to.

21.11 Water Budgets - In order to ensure efficient and responsible water management with regards to landscape irrigation, the City’s Special Districts office requires the following:

When water budgets have been established for each individual service area within a Landscape Maintenance District Zone (specifically water meter and/or point of connection), CONTRACTOR shall not exceed the Maximum Applied Water Allowance (MAWA) as established by State Assembly Bill 1881, Model Water Efficient Landscape Ordinance (MWELO). Formula:

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)
MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year)

0.62 = Conversion Factor (to gallons)

0.7 = ET Adjustment Factor (ETAF)
LA = Landscape area including SLA (square feet)

0.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)

When water budgets and/or tiered rate structures are enforced by individual water purveyors such as; Santa Clarita Valley Water Agency (SCVWA), CONTRACTOR shall not exceed the monthly allocation(s) as set forth by the service provider for each individual service area within a Landscape Maintenance District Zone, specifically water meter and/or point of connection.

Failure to comply with these requirements will result in a probationary period of up to 60 days to allow for corrective actions. Failure to comply with water budgets within this time frame may lead to monetary penalties up to the costs of the excessive use which exceeds the water budget(s), efficient tier, or any “penalty” tier the City is subjected to.

22. MAINTENANCE INSPECTIONS

22.01 Contractor shall: Weekly perform a maintena nce inspection of all facilities within the LMD during daylight hours. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinklers, lighting and other mechanical systems to check for proper operational condition and reliability. Contractor is required to input non- contractual service request information into the City’s reporting system at:
http://user.govoutreach.com/santaclarita/faq.php

22.02 Monthly; meet on site with an authorized representative of Special Districts for a walk-through inspection. Said meeting shall be at the convenience of Special Districts and may include residents of the community. Special Districts may notify the appropriate local representatives of the time and place of each walk-through inspection at least one (1) week prior to such inspection. In addition, bi-weekly interim inspections may be ma de by Special Districts. Any corrective work required as a result of a monthly inspection or any “interim” inspection by Special Districts shall be accomplished to the satisfaction of Special Districts within 3 workin g days or agreed upon completion date of the notification of deficienci es, except in the case of a leaking valve, which must be repaired within 24 hours following notification.

23. MAINTENANCE AND REPAIR OF HARDSCAPE, SERVICE ROADS, AND DRAINAGE SYSTEMS

23.01 Hardscape surfaces (medians), walkways, and service roads, if any, shall be maintained by Contractor so as to keep the integrity of the walking and/or driving surface in a safe, unimpaired condition. The contractor may not use subcontractors not included with the proposal submission without written approval of Special Districts Staff. Any unsafe condition of a walkway or service road shall be reported immediately to the LMD Monitor or directly to City Staff. a. Contractor may be responsible for total replacement or repair of hardscaping and/or plant replacement if damage occurs due to Contractor’s negligence or by accidental damage within maintenance operation.
b. Contractor shall be responsible for sweepin g/blowing all hardscape surfaces within the contract boundaries on a regularly scheduled routine approved by LMD Staff or as requested by Special Districts. All debris must be collected and removed. c. Disposal of debris by blowing into roadways, sidewalks, or other areas is prohibited and may be cause for contract termination or a deduction in payment as described in Section

10.03 a.

24. GRAFFITI ERADICATION AND CONTROL

24.01 Contractor may be responsible to remove sma ll amounts of graffiti (licensed plate size) as it appears upon any of the walkways, Paseo overpasses and underpasses, walls, or any appurtenant structures or equipment within the areas under Contractor’s maintenance. Special Districts Inspector will be informed of all graffiti immediately upon discovery. Contractor is required to input graffiti information into the City’s reporting system at:
http://www.santa-clarita.com/city-hall/departments/administrative-services/technology- services/egraffiti

24.02 The contractor may be required to remove sm all amounts of debris which would fit into a small pick -up truck and will dispose of at no cost to the city. Removal of larger items would be considered as an “additional work” item and subject to the terms in Section 4.

24.03 All materials and processes used in graffiti eradication shall be non-injurious to surfaces and adjacent District property and approved by CAL-OSHA. Materials and processes used must be approved by LMD prior to use.

25. NATURAL AREAS MAINTENANCE

25.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that ar e native to the land. Contractor will provide periodic maintenance, according to routine schedu ling, consisting of debris removal as directed by Special Districts.

26. IRRIGATED / NON-IRRIGATED STREET TREE WELLS

26.01 Contractor is responsible to keep tree wells within LMD areas weed-free and maintain tree well irrigation system in accordance with Section 21 of these Specifications. Maintenance of trees in street tree wells shall be in accordance with Section 18 of these Specifications.

26.02 Contractor is responsible to keep all non-ir rigated tree wells and parkways identified in this contract weed-free and maintained in accordance with section 18 of these Specifications. (Refer to Attachment A: Inventory List and Attachment B: Area Map for locations)

27. NON-LANDSCAPED MEDIANS & UNDEVELOPED MEDIANS

27.01 Contractor will provide monthly maintenance, according to routine maintenance scheduling, consisting of debris removal, weed abatement and mulch application.

28. INCLEMENT WEATHER AND ADVERSE CONDITIONS

28.01 Contractor shall not perform maintenance operations during unsafe working conditions which may risk individuals or result in damage to property/landscape.

28.02 On days of light precipitation and/or forecast ed rain the contractor shall continue to be present with a full crew as scheduled performing normal maintenance tasks.

28.03 During periods of extremely adverse and inclement weather, the Contractor shall be present with minimum of two staff members performing inspections of the maintained areas, as well as monitoring the overall state of the medians and reporting any concerns in regards to safety or property damage during regular assigned hours.

28.04 Contractor shall report any storm damage or issues related to inclement weather/adverse conditions to Special District within 24 hours of occurrence. All storm damages must be photo documented prior to any removal or clean up.

28.05 Please include an explanation (refer to Respon se Format and Selection Criteria) that details your company's approach to billing during inclement weather conditions. The City expects contractors to apply reductions to monthly bills for any days when they cannot meet the minimum required manpower due to inclement weather. This 'inclement weather plan', along with the contractor’s cost file, will be integral to the City’s evaluation process for each proposal submitted.

29. FUTURE AND REDUCTIONS OF MEDIANS

29.01 For the maintenance of future medians that have been accepted by the City, contractor to provide a maintenance proposal for those areas to Special Districts with unit pricing based on Exhibit B1 and B2: Additional Pricing included in this RFP.

29.02 The Exhibit B1 and B2: Additional Pricing may also be utilized for adjustments and/or reductions to the monthly maintenance contract amount. This includes adjustments for any areas that are under construction by others or sections of median removed for the purpose of safety and traffic improvements.

RESPONSE FORMAT AND SELECTION CRITERIA

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format.

1.1. RESPONSE FILE:

1.1.1. Introduction – A general introduction and description of the proposal shall be provided.

The format of the introduction is at the discretion of the contractor.

1.1.2. Background – Provide insight to your company and its resources. Explain the company background and philosophy and what qualifies this company to be a successful candidate for the City’s contract.

1.1.3. Scope of Work – Describe the work program. Identify how the objectives of the specifications will be performe d. Relate the business practices to the specific tasks required and explain the proposed method for adhering to the landscape maintenance requirements. Include contractor’s approach to the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas, problem resolution, and any other areas that expl ain how the work will be performed and managed.

1.1.4. Schedule – Describe the time schedule for each proposed task and area rotation.

Provide staff descriptions and quantity on daily, weekly, monthly, and seasonal timelines. Proposed work periods and completion dates, as well as any anticipated meeting dates, should also be identified.

1.1.5. Personnel, Equipment, and Facilities – Describe the personnel qualifications, equipment to be provided, and numbers of both dedicated to the areas for this contract. Explain/show the reasoning for the type, number and composition of staff and equipment for this contract and how the cost of such provides adequate or superior value to the contract.

1.1.6. Exhibits – The documents within Section D are required to be submitted with the proposal response and can be referred to throughout the RFP. However, expansion on all aspects listed above is strongly enco uraged. See Document Checklist for more details.

1.2. COST FILE:

1.2.1. Statement of Offer and Signature – The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “n ot-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work.

1.2.2. Inclement Weather Plan – Please explain how your company with offset the cost of staff that is not working on days of Inclement Weather.

1.2.3. All proposals must be submitted according to specifications set forth in this section.

Failure to adhere to these specifications may be cause for rejection of proposal.

1.2.4. Cost File must be submitted separately from the Response File.

2. PROPOSAL EVALUATION AND CONTRACTOR SELECTION – An evaluation panel comprised of representatives from the requesting departme nt will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the proposer with the highest technical ranking nor award to the Proposer with the lowest Cost Proposal if doing so would not be in the overall best interest of the City.

The overall criteria is listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor.

2.1. SELECTION CRITERIA:

2.1.1. Team Composition: Contractor qualifications, staff qu alifications, and number of staff provided.

2.1.2. Emergency and Non-Emergency Response Times: Use and mobilization of resources.

Proposed timeline to service all areas.

2.1.3. Acknowledgement & Successful Understanding of Scope of Work: Proposed method and guidelines for adhering to the landscape maintenance requirements to include but not limited to: Description and clarity of approach in the areas of pro-activeness, responsiveness, familiarity with common concerns of the LMD areas and problem resolution.

2.1.4. Cost of services provided (Cost File must include Inclement Weather Plan)

2.1.5.References

2.1.6.Value: Cost in relation to manpower. What makes the contractor the best candidate to provide the services requested.

During the selection process, the evaluation panel may wish to interview proposers with scores above a natural break. Should an interview proce ss take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact.

SECTION C
Sample Agreement

SAMPLE ONLY
CON-6
Council Approval Date:________
Agenda Item: ________
Contract Amount:________

MAINTENANCE AGREEMENT

BETWEEN

THE CITY OF SANTA CLARITA
AND
FOR
THIS MAINTENANCE AGREEMENT (“Agreement”) is made by and between the CITY OF SANTA CLARITA, a general law city and m unicipal corporation (“CITY”) and (“CONTRACTOR”).

The Parties agree as follows:

CONSIDERATION.

As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and
As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and
A. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth in the attached Exhibit “ ,” which is incorporated by reference, for CONTRACTOR’s services. CITY will pa y such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR’s invoice.

2. TERM. The term of this Agreement will be from , to . The Agreement may be renewed upon mutual consent of the parties.

SCOPE OF SERVICES.

CONTRACTOR will perform services listed in the attached Exhibit “ .” CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professiona l and other personnel, all supplies and materials, equipment, printing, vehicles, transpor tation, office space a nd facilities, and all tests, testing and analyses, calculation, a nd all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

C. CONTRACTOR guarantees each portion of the services as installed against defective materials and workmanship for a period of one (1) year from date of CITY’s written acceptance of the work. Promptly upon CITY’s request within that one (1) year period, CONTRACTOR agrees to correct by repair or replacement without charge to CITY any defects which may appear in the work or any portion thereof. Notwithstanding the foregoing, all guarantees and warranties obtained by CONTRACTOR from manufacturers and vendors of equipment used in the performance of the services shall be extended to CITY’s benefit for the full limit of their terms.

PREVAILING WAGES.

CONTRACTOR’s work is considered a “Public Works project” subject to the payment of prevailing wages. CONTRACTOR stipulates that it shall comply with all applicable wage and hour laws, including without limitation, California Labor Code §§ 1776 and 1810-1815. Failure to so comply shall constitute a default under this Contract. Further, all public works projects valued at $30,000 or more must include an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors on a public works project, even if their part of the project is less than $30,000.

CONTRACTOR and its Subcontractors shall pay to persons performing labor in and about the project provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. CONTRACTOR shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.

CONTRACTOR shall insert in every subcontract or other arrangement which CONTRACTOR may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code.

CONTRACTOR and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement.

CONTRACTOR and its Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776.

With each application for payment, CONTRACTOR shall also deliver certified payrolls directly to the Labor Commissioner in the format prescribed by the Labor Commissioner.

CONTRACTOR shall indemnify, hold harmless and defend (with counsel reasonably acceptable to CITY) CITY against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations in connection with execution of the improvements or any other work undertaken or in connection with the Public Works project.

PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

FAMILIARITY WITH WORK.

By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:

Thoroughly investigated and considered the scope of services to be performed; and
Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR’s own risk until written instructions are received from CITY.

CONTRACTOR represents that the CONTRACTOR agrees to comply with all applicable federal and state workplace and employment laws including those that relate to minimum hours and wages, occupational health and safety, workers compensation insurance and state, county and local orders.

3. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000/$2,000,000 (aggregate) Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit of $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cance llation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

E. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed o fficers, officials, ag ents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONTRACTOR for CITY.

F. COVID-19. CONTRACTOR shall ensure its insurance coverages cover claims and/or losses related to the COVID-19 pa ndemic to the extent such insurance coverage is available. If such insurance is unavailable, but becomes available during the life of the contract, CONTRACTOR shall procure a policy and name the City as additionally insured.

G. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR’s expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or te rminate. In the alternative, should CONTRACTOR fail to meet any of th e insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty.

H. Should Contractor’s insuranc e required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage.

I. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, em ployees, agents, and volunteers shall be additional insureds under such policies.

J. Primary/noncontributing. Coverage provi ded by CONTRACTOR shall be primary and any insurance or self-insurance procur ed or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insuranc e shall contain or be endor sed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self- insurance shall be called upon to protect it as a named insured.

4. TIME FOR PERFORMANCE . CONTRACTOR will not perform any work under this Agreement until:

CONTRACTOR furnishes proof of insuranc e as required under Section 7 of this Agreement; and
CITY gives CONTRACTOR a written Notice to Proceed.

Should CONTRACTOR begin work in advan ce of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk.

TERMINATION.

CITY may terminate this Agreement at any time with or without cause.

CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

5. INDEMNIFICATION.

CONTRACTOR shall indemnify, defend, and hol d harmless the CITY, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contract or’s performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Contractor’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement the Contractor shall provide a defense to the CITY indemnitees or at the CITY’S option reimburse the CITY indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

NOTICES.

All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:

To CITY: City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR:

When addressed in accordance with this pa ragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.

Changes may be made in the na mes or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character, nor will it be deemed to constitute a continuing waiver.

CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclus ive venue for any action involving this agreement will be in Los Angeles County.

AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement.

CITY’s City Manager may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and rela ted documents to be ente red into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control.

FORCE MAJEURE. Should performance of this Agreem ent be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit “ ” that are not in conflict with this Agreement, those terms are inco rporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written.

CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

COVID-19. Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall CONTRACTOR be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.

CONTRACTOR’s safety and logistics plans prepared in connection with this Contract specifically takes into account the COVID-19 Pandemic, the County Order, and all other governmental requirements or regulations regarding COVID-19 as of the date of the Contract, including without limitation all safety measures required.

SAFETY OF PERSONS AND PROPERTY. CONTRACTOR shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss, including without limitation the County Order and all other governmental requirements or regulations regarding COVID-19, all as may be amended from time to time.

ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of .

FOR CONTRACTOR: IF CORPORATION:

By: By:

Print Name & Title Print Name & Title
Date: Date:

FOR CITY OF SANTA CLARITA:

KENNETH W. STRIPLIN, CITY MANAGER
By:

City Manager
Date:

APPROVED AS TO FORM:

JOSEPH M. MONTES, CITY ATTORNEY
By:

City Attorney
Date:

Fringe Benefit Statement
Contract/Proposal No: Project Name: Date:

INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below.

THIS DOCUMENT CONTAINS PERSONAL INFORMATION A ND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE.

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications be made.

I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE.

City of Santa Clarita Form HC-50 FBS
(Contractor/Subcontractor) By (Name and Title) eSignature

SECTION D
Exhibits

EXHIBIT A: COST PROPOSAL

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Fill out this form completely and return with your proposal.

Item
No. Project Site Column A
Monthly Maintenance Cost
Column B
Annual Maintenance Cost

1. LMD Zone 2008-1 Crew 1 $ ___________x 12 months $

2. LMD Zone 2008-1 Crew 2 $ ___________x 12 months $

3. LMD Zone 2008-1 Crew 3 $ ___________x 12 months $

4. LMD Zone 2008-1 Crew 4 $ ___________x 12 months $

5. LMD Zone 2008-1 Additional Crew $ ___________x 12 months $ LMD Zone 2008-1 Combined $ ___________x 12 months $

Total proposed amount annually, in legibly printed words:

______________________________________________________________________________

EXHIBIT B1: ADDITIONAL PRICING

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost of your proposal response. Hourly labor rates to be used in performing the work required in the specifications for annual landscape maintenance. These rates will not be used in evaluating the proposal, but shall be used in evaluating cost estimates for “additional” or “extra” work requested by the City under this contract when applicable.

Extra/Additional work by the CONTRACTOR, shall not exceed the labor rates as listed:

Pricing and Billing Schedule Detail

Skill Level Hourly Cost After-Hour Emergency

Irrigation Laborer $_____ per hour $_____ per hour

Irrigation Lead $_____ per hour $_____ per hour

Landscape Labor $_____ per hour $_____ per hour

Landscape Foreman $_____ per hour $_____ per hour

Please initial to verify acknowledgement of labor rates: ______________________________ EXHIBIT B2: ADDITIONAL PRICING CONTINUED

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Fill out this form completely and return with your proposal. Do NOT include this pricing in the cost on the of your proposal response.

Please list the unit price for labor, EXCLUDING part/material costs, for the following tasks. These rates may be used in evaluating cost estimates for additional work requested by the City under this contract.

ITEM
NO. DESCRIPTION UNIT OF

MEASURE QTY UNIT PRICE

EXTENDED PRICE
(UNIT PRICE X
QTY)

1. Price for landscaped median
maintenance with turf. SF 500 $ $

2. Price for landscaped median
maintenance for trees, shrubs and
ground cover.

SF 500 $ $

3. Price for concrete median maintenance. SF 500 $ $

4. Price for landscaped, irrigated slope
maintenance. SF 500 $ $

EXHIBIT C: VIOLATION RECORDS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

1) The last six (6) months of tailgate safety meet ing sign-in sheets and topics covered must be made available UPON REQUEST. (Do not send with proposal submission at this time.)

2) In the year of 2023, what was the longest stretch of days worked without an accident in the landscape maintenance division?

_________________________________________________________________________________

3) Please provide any sustained complaints made to your company within the past four (4) years to Cal-OSHA.

_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

4) Please provide any sustained complaints made to your company within the past four (4) years to the California State Contractor Board in regards to your Class C-27 California Landscaping Contractor License.

_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

EXHIBIT D: PROACTIVE APPROACH FORM

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Please explain what policies or procedures you and your company will provide to ensure your team will proactively identify deficiencies, suggest solutions, and execute resolution? What makes your company the best for this service area and how does your company stand out from others?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

*Attach additional pages as necessary.

EXHIBIT E: DESIGNATION OF SUBCONTRCATORS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Listed below are the names and locations of the places of busin ess of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichev er is greater) of the prime contractor's total bid. If no Sub contractors will be used fill out the form with NA. Please add additional sheets if needed.

Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s: Description of Work
License No.

Exp. Date: / / Phone ( )
Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s:

Description of Work
License No.

Exp. Date: / / Phone ( )
Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s: Description of Work
License No.

Exp. Date: / / Phone ( )

NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a 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 curr ently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.

EXHIBIT F: REFERENCES

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

The following are the names, addresses, and telephone numbers of three public agencies for which the proposed company has performed work of a similar scope and size within the past five (5) years. The references shall demonstrate that the company (proposer) has a minimum of five (5) years’ experience in the landscape maintenance field, experience maintaining site areas of twenty (20) acres or larger, and the ability to complete work of the type and scope being proposed under the terms of this contract. If necessary, more than three (3) references can be su bmitted to demonstrate these qualifications. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Fill out this form completely and upload it with your proposal.

1. _________________________________________________________________________________ Name and Address of Owner / Agency

_________________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

_________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed

2. _________________________________________________________________________________ Name and Address of Owner / Agency

_________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

_________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed

3. _________________________________________________________________________________ Name and Address of Owner / Agency

_________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

_________________________________________________________________________________ Contract Amount Type of Work Date Started Date Completed

The following are the names, addresses, and telephone numbers of all brokers and sureties from whom PROPOSER intends to procure insurance bonds:

_____________________________________________________________________________________

_____________________________________________________________________________________

EXHIBIT G1: STAFF

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Provide information on any and all applicable crewmembers. This includes the supervisor, crew foreman, certified arborist (if applicable), Recycled Water Us ers Site Supervisor, chemical applicator, irrigation specialist, etc.

1. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

2. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

3. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

4. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

5. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

6. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

7. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

8. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

9. Name______________________________________ Job Title________________________________

License/Certificates__________________________________________________________________

10. Name______________________________________ Job Title_______________________________

License/Certificates_________________________________________________________________

11. Name______________________________________ Job Title_______________________________

License/Certificates__________________________________________________________________

12. Name______________________________________ Job Title_______________________________

License/Certificates__________________________________________________________________

13. Name______________________________________ Job Title_______________________________

License/Certificates__________________________________________________________________

14. Name______________________________________ Job Title_______________________________

License/Certificates__________________________________________________________________

15. Name______________________________________ Job Title_______________________________

License/Certificates__________________________________________________________________

*Attach additional pages as necessary for additional personnel.

EXHIBIT G2: STAFF HOURS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Provide information on staffing structure and the number of hours per week for each crewmember that will be dedicated to LMD Zone 2008-1 Major Thoroughfare Medians. Please use the following structure.

Feel free to add attachments if additional space is necessary. Labor time proposed is time working on site and does not include travel time.

Supervisors

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

Crew #1

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

Crew #2

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

Crew #3

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

Crew #4

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

Specialty Positions

Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________ Crewmember Title _______________________________ Qty. of Weekly Hours ____________________

EXHIBIT H: EQUIPMENT REQUIREMENTS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Additional equipment requirements for work within proposed Landscape Maintenance District or the ability of Contractor to rent/lease at no additional cost:

x Proper equipment required to perform pruning tasks including hand pruners, loppers, saws, pole pruners and chainsaws
x Commercial Grade Battery Powered Leaf Blowers
x All maintenance supplies for proper equipment operation x Garden Spading Forks
x Shovels
x Rakes
x Scoop Shovels (various sizes and shapes)
x Commercial Grade Chipper
x Safety equipment such as head, eye and ear protection, work boots. Body protection such as chaps should also be used when operating chainsaws
x Irrigation controller remotes and transmitters; particularly WeatherTrak x All the required tools and equipment to make minor and major irrigation repairs x Gasoline powered pressure washer as needed to remove gum, sap and other undesirable items from walkway and medians.
x All traffic control signs mechanical and stand alone, barricades, cones, vests all equipment and safety wear shall be Cal-OSHA approved

Please initial to verify acknowledgement of equipment requirements: _______________ Initials
EXHIBIT I: CERTIFICATIONS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman, Recycled Water Users Site Supervisor, including name, certification and whether staff or subcontractor.

Additionally include:

x Proof of Contractor’s C-27 License (license number will suffice) x WeatherTrak irrigation manager, flow manager and OptiFlow training completion

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________

4. ___________________________________________________________________________________

5. ___________________________________________________________________________________

6. ___________________________________________________________________________________

7. ___________________________________________________________________________________

8. ___________________________________________________________________________________

9. ___________________________________________________________________________________

10. __________________________________________________________________________________

EXHIBIT J: ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all proposal specifications for 2008-1 Area Wide Major Thoroughfare Medians. The Contractor will be expect ed to perform maintenance practices and uphold the standards herein to the established specifications throughout the length of the contract.

*Supervisor’s Signature: Date:

*Estimator’s Signature: Date:

*Owner’s Signature: Date:

*All three signatures required

EXHIBIT K: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California

1. SUMMARY OF CONTRACTUAL REQUIRMENTS
a. A contract is required for any service performed on behalf of the City of Santa Clarita (City).

b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth.

c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City.

2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS
a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent.

b. You should check with your Insu rance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.

The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.

c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and En dorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserv es the right to require full-certified copies of all Insurance coverage and endorsements.

3. INDEMNIFICATION
a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CI TY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of ex pert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, an y subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or wi llful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on t h e c o s t t o d e f e n d w h e r e b y C O N S U L T A N T w i l l o n l y b e a r s u c h c o s t i n p r o p o r t i o n t o C O N S U L T A N T ’ s proportionate percentage of fault (except as otherwise provided in section 2782.8).

b. The foregoing indemnification provisions will not re duce or affect other righ ts or obligations which would otherwise exist in favor of the CITY and other Indemnitees.

c. CONSULTANT shall place in its subconsulting agre ements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.

4. INSURANCE
a. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $1,000,000
Business automobile liability $2,000,000
Workers compensation Statutory requirement

b. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

c. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.”

e. Waiver of Subrogation: The insurer(s) agree to waiv e all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY.

f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty.

g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation.

Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of noti ce of cancellation. CONSULTANT must ensure that there is no lapse in coverage.

h. The CITY shall be entitled to any coverage in excess of the minimums required herein.

I have read and understand the above requirements and agree to be bound by them for any work performed for the City.

Authorized Signature: ______________________________ Date: ___________________

Printed Name: ____________________________________

ATTACHMENT A
Inventory List

ATTACHMENT A: INVENTORY LIST

PROPOSAL # LMD-23-24-26
2008-1 Area Wide Major Thoroughfare Medians
City of Santa Clarita, California
LMD Zone 2008-1 MAJOR THOROUGHFARE MEDIANS

Item # Description APPROXIMATE square footage Estimated Quantity 1 Turf area medians N/A N/A
2 Shrub area medians / side panels 2,896,852 Sq Ft 73.5 acres 3 Concrete medians 703,114 Sq Ft 17 acres
4 Freeway onramp/offramp 334,642 Sq Ft 7 acres
5 Irrigation controllers - 126 clocks

Medians
BOUQUET CANYON ROAD Dot Street to Magic Mountain Pkwy.

COPPER HILL DR. Newhall Ranch Road to Seco Canyon Road
GOLDEN VALLEY RD. Claremore Way to Via Princessa
LOST CANYON RD. Via Princessa to Medley Ridge Dr.

LYONS AVENUE Interstate 5 to Railroad Avenue
MAGIC MOUNTAIN PRKWY. Interstate 5 to Railroad Avenue
McBEAN PARKWAY Interstate 5 to Copper Hill Drive
NEWHALL AVENUE 6th Street to Highway 14
NEWHALL RANCH RD. Vanderbilt Way to Golden Valley Road
ORCHARD VILLAGE RD. McBean Parkway to south of Lyons Avenue (first median on Valley St) PLUM CANYON ROAD Bouquet Canyon Road to Skyline Ranch Road RAILROAD AVENUE Drayton Street to Lyons Avenue
RYE CANYON RD. Avenue Stanford to Newhall Ranch Road
SANTA CLARITA PRKWY. Newhall Ranch Rd. to Riverrock Way SECO CANYON ROAD Bouquet Canyon Road to Banyan Place (includes Side Median north of Decoro) SIERRA HIGHWAY Golden Valley Road to Campus Exit
SIERRA HIGHWAY Newhall Avenue to driveway south of 21380 Needham Ranch Parkway SOLEDAD CANYON ROAD Bouquet Canyon Rd. to Highway 14
VALENCIA BOULEVARD Interstate 5 to Bouquet Canyon Road
VIA PRINCESSA Via Pacifica to Claibourne Lane
VIA PRINCESSA Sheldon Avenue to Golden Maple Drive
WHITES CANYON ROAD Via Princessa to Skyline Ranch Road
SKYLINE RANCH ROAD Sierra Hwy to Plum Canyon Road (includes two roundabouts)

Additional Landscape Maintenance Areas
LYONS AVENUE / INTERSTATE 5 on-ramp and off-ramp of northbound I5 at Lyons Avenue NEWHALL ROUNDABOUT and surrounding circular parkways at Newhall Avenue and 5th Street, including side panels to 6th Street on Main Street
NEWHALL RANCH ROAD side panel/parkway on south side of street from Baywood Lane paseo area to Avenue Tibbetts and on north side of street from Dickason to the Santa Clara River/bridge.

SAND CANYON/SR 14 on-ramps and off-ramps of both northbound and southbound SR14 at Sand Canyon Road
Copperhill side median from 140 feet west of Hidden Hills Dr to Kenton Lane

Side Panel Areas
BOUQUET CANYON (Side panels) Non-Irrigated parkways and tree wells both north and south bound Bouquet Canyon from Festividad to just north of Steve Jon Street COPPERHILL (Side Panels) Seco Canyon to Buckhorn Lane, all tree wells both east and west bound.

GOLDEN TRIANGLE ROAD (Side panel) Rainbow Glen Drive to Isabella Parkway, Golden Valley Road (Overpass) to Centre Pointe Parkway and 500 feet west side panels adjacent to SCRRA Right of Way.

HASKELL CANYON ROAD (Side panel) Bouquet Canyon to Copper Hill Drive all tree wells located on both sides of street.

SECO CANYON ROAD (Side panel) Tupelo Ridge to LACO Fire Station 111 all tree wells and non-irrigated parkways adjacent to block wall south of Decoro
WHITES CANYON ROAD (Side panels) Tree wells and non-irrigated parkways from Ashboro to Via Princessa both east and westbound.

Debris Clean Up Only
NEWHALL RANCH ROAD / I-5 off-ramp northbound Interstate I5 at Newhall Ranch Road MAGIC MOUNTAIN PARKWAY / I-5 on-ramp and off-ramp northbound Interstate I5 at Magic Mountain Parkway
VALENCIA BLVD / I-5 off-ramp and on-ramp northbound Interstate I5 at Valencia Blvd.

MCBEAN PARKWAY / I-5 on-ramp and off-ramp northbound Interstate I5 at McBean Parkway NEWHALL AVENUE / SR 14 on-ramp and off-ramps both northbound and southbound SR14 at Newhall Avenue PLACERITA CANYON / SR14 on-ramp and off ramps both northbound and southbound SR14 at Placerita Canyon
GOLDEN VALLEY ROAD / SR14 on-ramp and off-ramps both northbound and southbound SR14 at Golden
Valley Road
SIERRA HIGHWAY / VIA PRINCESSA / SR14 on-ramp and off-ramps both northbound and southbound SR14 at Sierra Highway / Via Princessa / SR14

ATTACHMENT B
Area Map

ATTACHMENT C
2024 Holiday Schedule

TERMS AND CONDITIONS

VENDOR TO READ
By downloading this document via BidNet I acknowledge that I have, read, understood, and agree to the terms and conditions on all pages of this document and all solicitation documents relating to the associated project. I agree to furnish the comm odity or service stipulated on this solicitation document as stated in the specifications.

The solicitation, vendor response, and the Purchase Order (and/or Contract for services) constitute the entire agreement between the vendor and the City of Santa Clarita (City) covering the goods (including services) described herein (the “goods”). Time is of the essence.

1. SHIPMENT AND INSPECTION. The terms and routing of shipment shall be as provided on the Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have th e right to inspect any or all of the goods at vendor’s place of business or upon receipt by City at City’s election, which right shall be exercisable notwithstanding Buyer’s having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of C i t y ’ s r i g h t s o r r e m e d i e s a r i s i n g b y v i r t u e o f s u c h d e f e c t s o r n o n - c o n f o r m a n c e . C o s t o f inspection on deliveries or offers for delivery, which do not meet specifications, shall be for the account of the vendor.

2. RISK OF LOSS . Notwithstanding any provision hereof to the contrary, title to, and risk of loss of, the goods shall remain with the vendor unt il the goods are delivered at the D.D.P. point specified in this Contract, or if no such point is specified, then, when the goods are delivered to the City. However, if the goods are of an inflammable, toxic or otherwise dangerous nature, vendor shall hold City harmless from and against any and all claims asserted against City on a c c o u n t o f a n y p e r s o n a l i n j u r i e s a n d / o r p r o p e r t y d a m a g e s c a u s e d b y t h e g o o d s , o r b y t h e transportation thereof, prior to the completion of unloading at City’s receiving yard.

3. WARRANTIES. Vendor warrants to and covenants with the City as follows: vendor shall deliver to City title to the goods free and clear of all se curity interest, liens, obligations, restrictions or encumbrances of any kind, nature or description, the goods shall be free from defects in material and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new and not used or reconditioned; the goods and their packaging shall conform to the description thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is relying on vendor’s sk ill and judgment in selecting and providing the proper goods for City’s particular use. The go ods shall be in all respects suitable for the particular purpose for which they are purchased and the goods shall be merchantable. Vendor shall indemnify and save and hold City harmless from and against any and all damages, losses, demands, costs and expenses arising from claims by third parties for property damage, personal injury or other losses or damages arising from vendor’s breach of its obligations hereunder.

4. REMEDIES. In the event of vendor’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to City by law:
(a) require vendor to repair or replace such goods, and upon vendor’s failure or refusal to do s o , r e p a i r o r r e p l a c e t h e s a m e a t v e n d o r ’ s e x p e n s e : ( b ) r e j e c t a n y s h i p m e n t o r d e l i v e r y containing defective or nonconforming goods and return for credit or replacement at vendor’s option; said return to be made at vendor’s cost and risk: (c) cancel any outstanding deliveries or services hereunder and treat such breach by vendor as vendor’s repudiation of this Contract. In the event of City’s breach hereunder, vendor’s exclusive remedy shall be vendor’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

5. FORCE MAJEURE. For the purposes of this Contract, an event of “force majeure” shall mean any or all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires, floods or other acts of God; transportation delays; acts of government or any subdivision or agency thereof; failure or curtai lment of power supply in the Pacific Southwest power grid; or any other cause, whether or not similar to the causes or occurrences enumerated above; in all cases, which are beyond the control of the party claiming the occurrence of a force majeure event and which delays, interrupts or prevents such party from performing its obligations under this Contract. Notwithstanding any provision hereof to the contrary, the reduction, depletion, shortage, cu rtailment or cessation of vendor’s supplies or reserves or any other supplies or materials of v e n d o r s h a l l n o t b e r e g a r d e d a s a n e v e n t o f force majeure. The party affected by a force ma jeure event shall give notice thereof to the other party within ten days following the occurrence thereof and shall apprise the other party of the probable extent to which the affected party will be unable to perform or will be delayed in performing its obligations he reunder. The affected party sh all exercise due diligence to eliminate or remedy the force majeure cause and shall give the other party prompt notice when that has been accomplished. Except as provided herein, if performance of this contract by either party is delayed, interrupted or prevented by reason of any event of force majeure, both parties shall be excused from performing hereunder while and to the extent that the force majeure condition exists, after which the parties’ performance shall be resumed.

Notwithstanding the foregoing, within five days following vendor’s declaration of a force majeure event which prevents its full and/or time ly delivery of goods hereunder, City may, at its option and without liability (a) require vend or to apportion among its customers the goods available for delivery during the force majeure period; (b) cancel any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate this Contract. If City accepts reduced deliveries or cancels the same, City may procure substitute goods from other sources in which event this contract shall be deemed modified to eliminate vendor's obligation to sell and City’s obligation to purchase such substituted goods. After cessation of a force majeure event declared by vendor, vendor shall, at City’s option but not otherwise, be obligated to deliver goods not delivered during the force majeure event. After cessation of a force majeure event declared by City, neither party shall be obligated to deliver or purchase goods not so delivered and purchased during the force majeure period.

6. PATENTS. It is anticipated that the goods will be possessed and/or used by City. If by reason of any of these acts a suit is brought or threaten ed for infringement of any patent, trademark, trade name or copyright with regard to the goods, their manufacture or use, vendor shall at its own expense defend such suit and shall indemnify and save and hold City harmless from and against all claims, damages, losses, demands, costs and expenses (including attorney’s fees) in connection with such suit or threatened suit.

7. COMPLIANCE WITH LAW . Vendor warrants that it shall comp ly with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract, including, without limitation, the Fair Labor St andards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Vendor shall indemnify and save and hold City from and against any and all claims, damages, demands, costs and losses which the City may suffer in the event that vendor fails to comply with said Act, Order, rules, regulation s or orders. Vendor further warrants that all goods sold hereunder shall comply with and conform in every respect to the standards applicable to the use of such goods under the Williams-Steiger Occupational Safety and Health Act of 1970, as amended, and any regulation s and orders issued th ereunder. Any clause required by any law, ordinance, rule or regulati on to be included in a contract of the type evidenced by this document shall be deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed material/services and /or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction there over.

8. REPORTS, ARTWORK, DESIGNS ETC.:
a. If the goods are to be produced by vendor in accordance with designs, drawings or blueprints furnished by City, vendor shall return same to City upon completion or cancellation of this Contract. Such designs and the like shall not be used by vendor in the production of materials for any third party without City’s written consent. Such designs and the like involve valuable property rights of City and shall be held confidential by vendor.
b. If the Contract results in the creation of artwork, designs or written products, including but not limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures, analyses, photographs, musical scores, lyrics, shall be considered works for hire and the contractor expressly transfers all ownership and intellectual property rights including copyrights to the City by signing the contract. Such works and the like shall not be used by vendor in the conduct of any business with any third party without the City’s written consent.
c. Unless otherwise agreed herein, vendor at it s cost shall supply all materials, equipment, tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs or other properties furnished by City or specifically paid for by City shall be City’s property. Any such property shall be used only in filling orders from City and may on demand be removed by City without charge. Vendor shall use such property at its own risk, and shall be responsible for all loss of or damage to the same while in vendor’s custody. Vendor shall at its cost store and ma intain all such property in good condition and repair. City makes no warranties of any na ture with respect to any property it may furnish to vendor hereunder.

9. GOVERNING LAW . The Purchase Order and this Contract between the parties evidenced hereby shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

10. AMENDMENTS. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor shall be considered agreement with the terms of this contract.

11. ASSIGNMENT. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.

12. CURRENCY. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments shall be made in United States Currency.

13. DEFAULT. In case of default by the vendor of any of the conditions of this solicitation or contract resulting from this solicitation, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be cons idered the prevailing market price at the time such purchase is made.

14. ENVIRONMENTALLY PREFERABLE PURCHASING . The City of Santa Cl arita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103.

With changes in technology and industries occurri ng rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post-industrial and post-consumer material. Vendors are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 vendors are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold.

15. GRATUITIES. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or e mploye e of the Cit y with a view t owar d securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor.

16. INDEMNIFICATION. The vendor is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (inc luding, without limitation, attorney’s fees), injuries, or liability, arising out of any agreemen t entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the vendor must defend the City (at the City’s request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise.

17. NON-APPROPRIATION OF FUNDS. The City’s obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City’s legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year’s payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall no tify the Contractor in writing of any such non- allocation of funds at the earliest possible date.

18. ON-SITE INSPECTION. When deemed necessary by the City, an on-site inspection date and time will be so designated. The vendor is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.)

19. PAYMENT. (a) Vendor shall state payment terms offered. (b) Payment shall be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance.

20. PREVAILING WAGE. For all public works, the Vendor is required to quote prevailing wage. For the purposes of this paragraph, public works includes maintenance. All public works projects are subject to the State prevailing wage requirem ents of the California Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rate s in the county, or co unties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predet ermined and are on file with the California Department of Industrial Relations are refere nced but not printed in the general prevailing wage rates. A copy of the prevailing rate of pe r diem wages shall be posted at the job site.

This bid is subject to SB 854 and SB-96. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Sectio n 1720.9. The Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such.

21. PRICE REDUCTIONS . If at any time during the life of this contract, the successful vendor reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor shall immediately notify the Purchasing Agent, City of Santa Clarita.

22. PROTECTION OF RESIDENT WORKERS . The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondis crimination. Under the INA, employers may hire only persons who may legally work in the Unit ed States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Vend or shall establish appropriate procedures and controls so no services or products under the Contract Documents shall be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

23. SB 854 – No contractor or subcontractor may be listed on a quote for a public works project (submitted on or after March 1, 2015) unless re gistered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 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. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

24. TAXES, CHARGES AND EXTRAS . (a) Vendor must show as a separate item California State S a l e s a n d / o r U s e T a x . ( b ) T h e C i t y i s e x e m p t f r o m F e d e r a l E x c i s e T a x . ( c ) C h a r g e s f o r transportation, containers, packing, etc. shall not be paid unless specified in bid.

Contractor/vendor agrees to cooperate with the City in all matters of local taxation.

25. CONTRACT PRICING. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay “surcharges” of any type unless identified in the response to this quote. All costs must be included in the pricing provided to the City.

26. INSURANCE. For solicitations involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be “Primary and Non-Contributory” and must name the “City of Santa Clarita” as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,0 00), and Worker’s Compensation (statutory requirement). For professional services, Profe ssional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Spec ific insurance requirements shall be set forth in any contract awarded to a vendor.

27. SAFETY. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all item s furnished under this bid shall conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply.

28. GUARANTEES. CONTRACTOR guarantees each portion of the services as installed against defective materials and workmanship for a period of one (1) year from date of CITY’s written acceptance of the work. Promptly upon CITY’s request within that one (1) year period, CONTRACTOR agrees to correct by repair or replacement without char ge to CITY any defects which may appear in the work or any portion thereof. Notwithstanding the foregoing, all guarantees and warranties obtained by CONT RACTOR from manufacturers and vendors of equipment used in the performance of the services shall be extended to CITY’s benefit for the full limit of their terms.

29. PROTEST PROCEDURES. Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.
a. Definitions
i. “Bidder” - any person or firm providing a timely, written response to the City solicitation.
ii. “Bid Protest” - any protest with regard to the response submitted by another bidder.
iii. “Response” - written response to the Ci ty solicitation provided by a person or firm.
iv. “Solicitation Protest” - a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation.
v. “Solicitation” - document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response. b. Format
The protest must be in writing and include the following information at a minimum:
i. The name, address, and phone number of the protester, or the authorized representative of the protester;
ii. The signature of the protester or authorized representative of the protester; iii. The solicitation number and title under which the protest is submitted; iv. A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information, the protest must contain documentation clearly showing the date on which the protester received the information; and v. The form of relief requested.
c. Solicitation Protests
Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work, or process, must be received by the City’s Purchasing Agent not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final.
d. Bid Protest and Review
i. The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the bid opening. ii. A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager.

Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest.
iii. A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the protest has been served by the protesting bidder. iv. The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protes t. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the 10 calendar days if necessary to review additional information requested from any bidder.
v. The decision of the City Manager or designee on the bid protest shall be final with no further review.
e. State or Federal Funding
i. If the subject matter of the solicitation or project is receiving any State or Federal funds which require a protest procedure different than the procedures stated above, then that protest procedure shall control. ii. In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project. f. Mandatory Procedure
i. This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pu rsue the bid protest, including filing a Government Code claim or any legal proceedings or actions.